HomeMy WebLinkAboutCC 1991-09-11 Minutesa
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INDEX
MINUTES OF REGULAR MEETING
SEPTEMBER 11, 1991
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ITEM
SUBJECT
LEGISLATION PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS & SPECIAL
DISCUSSION 1-2
ITEMS.
9/11/91
(A) CONDOLENCES: AMADOR ODIO.
(B) PRESENTATION BY DADE COUNTY
COMMISSIONER MARY COLLINS: SALUTE TO
THE TROOPS: FLAG DAY CELEBRATION.
(C) PROCLAMATION: FIRE FIGHTER
APPRECIATION WEEK - FOR SUPPORT OF
FIGHT AGAINST MUSCULAR DYSTROPHY.
(D) PROCLAMATION: JOHN JOFFRE DAY -
FOR COMMITMENT TO COMMUNITY ENDEAVORS,
PARTICULARLY AS PRESIDENT OF COCONUT
GROVE ASSOCIATION, INC.
(E) PRESENTATION: DR. MORAIMA
TRUJILLO - IN RECOGNITION OF HER WCRK
WITH AIDS PATIENTS.
(F) CERTIFICATE OF APPRECIATION:
DECIMA SERIE MUNDIAL DE BEISBOL
INFANTIL (LITTLE LEAGUE BASEBALL).
2.
DISCUSSION CONCERNING APPOINTMENT OF
R 91-602 2-8
CITY ATTORNEY - CONFIRM A. QUINN JONES,
9/11/91
III, AS ACTING CITY ATTORNEY - RATIFY
ACTIONS TAKEN BY ACTING CITY ATTORNEY
SINCE AUGUST 31ST - SCHEDULE
CONSIDERATION OF APPOINTMENT OF
PERMANENT CITY ATTORNEY FOR OCTOBER 3RD
COMMISSION MEETING.
3.
GRANT REQUEST FOR RENTAL FEE WAIVER FOR
M 91-603 B-10
USE OF BAYFRONT PARK IN CONNECTION
9/11191
WITH: FESTIVAL DEL NINO.
4.
CONSENT AGENDA (See label 8).
DISCUSSION 10-12
i
9/11/91
4.1 ACCEPT CITY CLERK'S CERTIFICATION AND
R 91-604
DECLARATION OF RESULTS OF SPECIAL
9/11/91
MUNICIPAL ELECTION (SEPTEMBER 3, 1991)
IN WHICH THE QUESTION OF AUTHORIZING
CITY -OWNED WATERFRONT LAND LOCATED
ADJACENT TO MIAMI MARINE STADIUM ON
SOUTHERLY SHORELINE OF MARINE STADIUM
BASIN (VIRGINIA KEY BASIN PROPERTY) BE
LEASED TO BAYSIDE SEAFOOD RESTAURANT
AND BREWPUB PARTNERSHIP TO OPERATE A
RESTAURANT, BREWERY AND MARINE -RELATED
RETAIL FACILITY WAS APPROVED BY
ELECTORATE.
4.2 PROVIDE FOR HOLDING A NONPARTISAN
R 91-605
PRIMARY ELECTION ON NOVEMBER 5, 1991,
9/11/91
FOR NOMINATION OF CANDIDATES FOR
OFFICES OF TWO COMMISSIONERS, AND FOR
HOLDING A LATER GENERAL MUNICIPAL
ELECTION ON NOVEMBER 12, UNLESS THE
OFFICES WERE FILLED IN THE PRIMARY
ELECTION.
4.3 CLASSIFY AS CATEGORY A SURPLUS STOCK:
R 91-606
100 SOLID WASTE CONTAINERS, 1 SWEEPER,
9/11/91
5 RUBBISH TRUCKS, AND 6 GARBAGE PACKING
TRUCKS - DONATE TO SISTER CITY OF PORT -
AU -PRINCE, HAITI.
4.4 CLASSIFY AS CATEGORY A SURPLUS STOCK: R 91-607
100 SOLID WASTE CONTAINERS, 1 SWEEPER, 9/11/91
5 RUBBISH TRUCKS, 1 FRONT END LOADER,
AND 6 GARBAGE PACKING TRUCKS - DONATE
TO SISTER CITY OF MANAGUA, NICARAGUA.
4.5 ACCEPT BID: NATIONAL DRAEGER, INC., FOR R 91-608
FURNISHING COMPLETE 6-YEAR OVERHAUL ON 9/11/91
220 PA-80 1ST STAGE BREATHING AIR
REGULATORS (Fire Department).
4.6 ACCEPT BID: RIGHT -SAFETY WARE, -OR R 91-609
FURNISHING HAZ-MAT SUITS (F're 9/11/91
Department - CIP 313237).
4.7 ACCEPT BID: PHYSIO CONTROL CORP., FOR R 91-610
FURNISHING 6 MONITORS / DEFIBRILLATORS 9/11/91
AND ACCESSORIES (Fire Department -
Florida Emergency Medical Services
Grant Fund 104005).
12
13
14
14
15
15
16
4.8 ACCEPT BID: MIDWEST COMMUNICATIONS R 91-611
CORP., FOR FURNISHING VIDEO PRODUCTION 9/11/91
EQUIPMENT (Fire Department - CIP
313228).
4.9 ACCEPT BID: CARLSON FENCE COMPANY, R 91-612
INC., FOR FURNISHING AND INSTALLATION 9/11/91
OF ADDITIONAL FENCING AT FIRE STATION
NO. 2 (Department of General Services
Administration and Solid Waste /
Property Maintenance Division - CIP
313018).
4.10 ACCEPT BID: SOUTH FLORIDA MAINTENANCE R 91-613
SERVICES, INC., FOR FURNISHING CLEANING 9/11/91
SERVICES AT MIAMARINA AND DINNER KEY
MARINA - EXTEND CONTRACT (Parks
Department).
4.11 APPROVE PURCHASE OF 3 PUREBRED GERMAN R 91-614
SHEPHERD DOGS (Law Enforcement Trust 9/11/91
Fund).
4.12
APPROVE PURCHASE OF INTOXILIZER 5000R
R 91-615
WITH ACCESSORIES (Law Enforcement Trust
9/11/91
Fund).
4.13
AUTHORIZE SUPPORT OF ANNE FRANK
R 91-616
EXHIBITION (Law Enforcement Trust
9/11/91
Fund).
4.14
AUTHORIZE FUNDING OF BETTER WAY PROGf:AM
R 91-617
(Law Enforcement Trust Fund).
9/11/91
4.15
EXECUTE AGREEMENT: NATIONAL CENTER FOR
R 91-618
MUNICIPAL DEVELOPMENT, INC., TO
9/11/91
CONTINUE REPRESENTATION OF THE CITY IN
WASHINGTON, D.C. BY MARK ISRAEL
(LOBBYIST) - ALLOCATE $28,800 PLUS
$4,000 FOR REIMBURSABLE EXPENSES
(Legislative Liaison General Fund).
4.16
ESTABLISH SPECIAL CHARGES, TERMS AND
R 91-619
CONDITIONS FOR USE OF PORTION OF ORANGE
9/11/91
BOWL STADIUM BY ENCORE ENTERTAINMENT,
INC., FOR PRESENTATION OF JAMES BROWN
CONCERT - EXECUTE AGREEMENT.
16
17
17
18
18
18
19
19
19-20
0
4.17 AUTHORIZE CITY ATTORNEY TO INITIATE R 91-620
LEGAL PROCEEDINGS AGAINST ELLA 9/11/91
SOMERSET-BLACK AND ALFONSO SOMERSET,
OWNERS OF UNITED WORLD CHURCH SUPPLY
AND PRINTING, INC., TO RECOVER LOAN
FUNDS ($35,228.11 from Citywide Small
Business Development Pilot Loan
Program).
4.18 AUTHORIZE PLACEMENT OF MARKER AT N.W. 1 R 91-621
AVENUE SOUTH OF INTERSECTION WITH N.W. 9/11/91
10 STREET, IN MEMORY OF EUGENE D.
MARKS - WAIVE FEES - ALLOCATE $800.
4.19 APPROVE PARTIAL USE OF STREETS IN R 91-622
COCONUT GROVE DURING AV-MED COCONUT 9/11/91
GROVE 5-MILER (MIAMI RUNNERS CLUB,
INC.).
4.20 GRANT REQUEST BY FRIENDS OF GERMANY, R 91-623
INC., FOR CLOSURE OF DESIGNATED STREETS 9/11/91
CONCERNING THE SEVENTH ANNUAL
OKTOBERFEST - PERMIT SALE OF BEER AND
WINE.
4.21 GRANT REQUEST BY COCONUT GROVE CHAMBER R 91-624
OF COMMERCE FOR CLOSURE OF DESIGNATED 9/11/91
STREETS CONCERNING THE 15TH ANNUAL
BANYAN ARTS AND CRAFTS FESTIVAL -
ESTABLISH PEDESTRIAN MALL, AND AREA
PROHIBITED TO RETAIL PEDDLERS - PERMIT
SALE OF BEER AND WINE.
4.22 CLAIM SETTLEMENT: YOLANDE JEAN BATISTE R 91-625
(PERSONAL REPRESENTATIVE OF ESTATE OF 9/11/91
MARIUS MONTRELL, DECEASED) ($30,000)
(Circuit Court case No. 89-21549).
-res
4-f
21
21
22-23
4.23 ACCEPT PLAT: MAGALY SUBDIVISION. R 91-626 23
9/11/91
5. REQUEST MANAGER TO INVESTIGATE CAUSE OF R 91-627 23-26
SETTLEMENT AND DISTRESS PROBLEMS OF 9/11/91
CERTAIN STRUCTURES IN BAYFRONT PARK -
EXECUTE PROFESSIONAL SERVICES AGREEMENT
WITH BLISS AND NYLTRAY, INC.,
CONSULTING ENGINEERS, TO ASSIST IN
INVESTIGATION - AUTHORIZE EXPENDITURE
OF $7,500 FOR PROFESSIONAL SERVICES
(Bayfront Park Redevelopment, North End
and Amphitheater - Phase II, Project
331302).
6. ACCEPT GRANT ($25,453) FROM STATE OF R 91-628 27-28
FLORIDA DEPARTMENT OF HEALTH AND 9/11/91
REHABILITATIVE SERVICES: EMERGENCY
MEDICAL SERVICES (EMS) MATCHING GRANT
PROGRAM - EXECUTE AGREEMENTS TO
IMPLEMENT CITY'S PROCUREMENT UNDER THE
GRANT PROGRAM OF ONE PART-TIME ACCIDENT
AND FIRST AID RESOURCE TEACHER (subject
to availability of funds).
7. (A) DIRECT MANAGER TO INVESTIGATE R 91-629 29-32
FEASIBILITY OF UTILIZING AFFORDABLE DISCUSSION
HOUSING TRUST FUNDS FOR DEVELOPMENT OF 9/11/91
SINGLE ROOM OCCUPANCY (SRO) RESIDENTIAL
UNITS WITHIN DOWNTOWN MIAMI AREA.
(B) BRIEF DISCUSSION CONCERNING
LINKAGE ORDINANCE THAT GOES BEYOND
BRICKELL TO THE REST OF THE CITY.
ALLOWING THE CITY TO SPEND MONIES
RECEIVED FROM DEVELOPERS TO IMPROVE
AFFORDABLE HOUSING AND THE
INFRASTRUCTURE AT DESIGNATED REZONED
SITES.
8. (A) DISCUSSION CONCERNING PROPORTION OF DISCUSSION 33-34
CITY CONTRACTS GIVEN TO NON -MINORITIES 9/11/91
AND NON -LOCAL VENDORS AND ALLEGED NON -
HIRING OF MINORITIES AND LOCAL VENDORS
BY CONTRACTORS.
(B) COMMISSIONER DAWKINS REQUESTS THAT
AGENDA ITEMS 18 AND 19 BE DEFERRED IN
ANTICIPATION OF MORE BLACK
PARTICIPATION.
9. PERSONAL APPEARANCE: DUKE McBRIDE - DISCUSSION 35
THANKS COMMISSION, ON BEHALF OF CLIEITS 9/11/91
AND STAFF OF THE BETTER WAY PROGRi.M,
FOR THEIR SUPPORT.
10. RATIFY MANAGER'S ACTIONS IN: (a) MAKING R 91-630
GRANT PROCEEDS ($45,000) FROM 9/11/91
METROPOLITAN DADE COUNTY TOURIST
DEVELOPMENT TAX REVENUES AVAILABLE TO
SPECTATORS MANAGEMENT GROUP, INC. (SMG)
AS REIMBURSEMENT FOR EXPENSES INCURRED
IN CONNECTION WITH ITS SUPPORT OF THE
1991 FEDERATION INTERNATIONALE DES
SOCIETES D'AVIRON (FISA) REGATTA; AND
(b) ACCEPTING GRANT ($10,000) FROM
MIAMI SPORTS AND EXHIBITION AUTHORITY
(MSEA).
11. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE
SPECIAL REVENUE FUND: ASSET TRACKING - 10912
APPROPRIATE $40,000 - AUTHORIZE MANAGER 9/11/91
TO ACCEPT GRANT ($40,000) FROM U.S.
DEPARTMENT OF JUSTICE AND TO ENTER INTO
NECESSARY CONTRACTS / AGREEMENTS.
12. (A) EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE
SPECIAL REVENUE FUND ENTITLED: 10913
GEOGRAPHIC TARGETING PROGRAM - DISCUSSION
APPROPRIATE $75,000 - AUTHORIZE MANAGER 9/11/91
TO ACCEPT GRANT ($75,000) FROM U.S.
DEPARTMENT OF JUSTICE AND TO ENTER INTO
NECESSARY CONTRACTS / AGREEMENTS.
(B) VICE MAYOR PLUMMER SUGGESTS
COMMISSION SHOULD TALK, IN THE FUTURE,
ABOUT THE POSSIBILITY OF OFFERING CASH
REWARDS FOR TURNING IN DRUG DEALERS.
13. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE,
SPECIAL REVENUE FUND: HOMELESS 10914
PROJECT - APPROPRIATE $90,000 ($75,000 9/11/91
LOAN FROM DOWNTOWN DEVELOPMENT
AUTHORITY AND $15,000 DONATION BY
"RESOLVE" - AUTHORIZE MANAGER TO
EXECUTE LOAN AGREEMENT, PROMISSORY
NOTE, AND ANY NECESSARY AGREEMENTS WITH
RESOLVE - ALLOCATE $75,000 FROM SAID
FUND TO COMMUNITY HOMELESS ASSISTANCE
FUND, INC., AND $15,000 TO THE CITY AS
REIMBURSEMENT FOR ITS DIRECT COSTS.
35-37
37-40
40-45
45-52
E
4
14. FIRST READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND: EMS FIRST AID
RESOURCE TRAINING (FY '92) -
APPROPRIATE $25,453 IN FORM OF GRANT
FROM STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, AND
A LIKE AMOUNT AS FOLLOWS: $12,941 FROM
FY 191-92 GENERAL FUND: DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES;
AND $12,512 IN -KIND MATCH OF SALARIES,
FOR A TOTAL APPROPRIATION OF $50,906.
15. FIRST READING ORDINANCE: AMEND 10202,
BY INCREASING APPROPRIATIONS ($50,000)
TO SPECIAL REVENUE FUND ENTITLED:
HANDICAPPED DIVISION FUND-RAISING
PROGRAM - MONIES GENERATED THROUGH
FUND-RAISING EFFORTS OF CITY'S
HANDICAPPED DIVISION, AND PRIVATE
DONATIONS.
16. FIRST READING ORDINANCE: AMEND CODE
SECTION 53-118 (RENTAL RATES AND
ASSOCIATED CHARGES AND CONDITIONS AT
MIAMI MARINE STADIUM) - (a) CHANGE
CLASSIFICATION OF EVENTS UPON WHICH
STADIUM USES CHARGES ARE BASED AND
INCREASE CHARGES; (b) INCLUDE COSTS OF
POLICE DEPARTMENT PERSONNEL AS AN EVENT
COST PAYABLE BY EVENT SPONSORS; (c)
INCREASE USER FEE FOR STADIUM PARKING
LOT; AND (d) INCREASE PERCENTAGE OF
EXTRA COMPLIMENTARY ADMISSION TICKETS
ISSUED BY EVENT SPONSORS BASED ON TOTAL
NUMBER OF EVENT TICKETS SOLD (See label
18).
ORDINANCE
FIRST READING
9/il/91
ORDINANCE
FIRST READING
9/11/91
ORDINANCE
FIRST READING
9/11/91
53
54
55-56
tY
A 17.
FIRST READING ORDINANCE: AMEND CODE
DISCUSSION
56-62
SECTION 2-13 (ORDER OF BUSINESS AND
9/11/91
RULES OF PROCEDURE) - PROVIDE THAT ANY
CITIZEN IS ENTITLED TO BE PLACED ON
REGULAR COMMISSION MEETING AGENDAS FOR
PRESENTATIONS - RESTRICT CITIZENS$
OPPORTUNITIES TO ADDRESS COMMISSION ON
a'
MATTERS WHICH ARE NOT EXPRESSLY
SCHEDULED FOR PUBLIC HEARING OR
DISCUSSION - PROVIDE THAT SPEAKERS
ADDRESSING COMMISSION BE LIMITED TO TWO
MINUTES - ESTABLISH RULE THAT THE
CONSENT AGENDA ITEMS BE SCHEDULED AMONG
INITIAL ITEMS, AND THAT PUBLIC
HEARINGS, PERSONAL APPEARANCES AND
PUBLIC DISCUSSION BE SCHEDULED NO
EARLIER THAN 4:00 P.M.
18.
(Continued Discussion) COMMENTS BY
DISCUSSION
63
ACTING CITY ATTORNEY CLARIFYING PRIOR
9/11/91
AMENDMENT TO PREVIOUSLY READ FIRST
READING ORDINANCE (See label 16).
4�
19.
AUTHORIZE MANAGER TO ENTER INTO
R 91-631
63-81
COLLECTIVE BARGAINING AGREEMENT WITH
9/11/91
THE SANITATION EMPLOYEES ASSOCIATION
(October 1, 1991 through September 30,
1994) .
20.
EXECUTE AGREEMENT WITH PUBLIC HEALTH
R 91-632
82-83
TRUST OF DADE COUNTY FOR A GRANT
9/11/91
($600,000) TO PROVIDE THE CITY-S
INITIAL CONTRIBUTION TOWARDS
CONSTRUCTION OF A NEW TRAUMA CENTER FOR
JACKSON MEMORIAL HOSPITAL - ALLOCATE
$300,000, EACH, FROM 15TH AND 17TH YEAR
CDBG PROGRAMS.
21.
EXECUTE AGREEMENT WITH DADE COUNTY
R 91-633
83-88
HOUSING AND URBAN DEVELOPMENT FOR A
9/11/91
j
GRANT ($850,000) WITH FUNDS FROM 1TH
YEAR CDBG PROGRAM, TO PROVIDE PHYSICAL
IMPROVEMENTS AT VARIOUS METRO-DADE
COUNTY PUBLIC HOUSING SITES LOCATED
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WITHIN THE CITY.
22.
ACCEPT BID: FOUR CIS SERVICES, INC.,
R 91-634
88-91
FOR FURNISHING EVENTS MAINTENANCE AT
9/11/91
COCONUT GROVE CONVENTION CENTER, ON A
CONTRACT BASIS (Department of
t5
Conferences, Conventions and Public
<,.
Faci 1 i ties) .
23. AUTHORIZE MANAGER TO MAKE AN OFFER AND R 91-635
EXECUTE AGREEMENT WITH PROPERTY OWNER 9/11/91
FOR ACQUISITION OF PARCEL A, LOT NOS.
2-5 AND 2-6 (TOWER THEATER) WITHIN
LITTLE HAVANA COMMUNITY DEVELOPMENT
TARGET AREA AND LATIN QUARTER, TO BE
USED FOR DEVELOPMENT OF A COMMUNITY
PERFORMING ARTS THEATER (MOVIE THEATER)
AND CULTURAL CENTER - ALLOCATE $388,121
FROM PRIOR ALLOCATION BY ORDINANCE
10782 OF $1.8M (CIP 321038 - Latin
Quarter Specialty Center).
24. RENAME SHENANDOAH PARK SOFTBALL FIELD R 91-636
AFTER EMILIO ARECHAEDERRA - PROCLAIM M 91-636.1
SEPTEMBER 8, 1991 AS: EMILIO 9/11/91
ARECHAEDERRA DAY.
25. GRANT REQUEST BY CARIBBEAN AMERICAN R 91-637
FESTIVAL FOR RENTAL FEE WAIVER FOR USE 9/11/91
OF BICENTENNIAL PARK - GRANT CLOSURE OF
DESIGNATED STREETS.
26. GRANT REQUEST BY MIAMI-AMATEUR BASEBALL R 91-638
ASSOCIATION FOR RENTAL FEE WAIVER FOR
USE OF MIAMI STADIUM (18 NIGHTS AND 12 9/11/91
DAYS)
27. GRANT FUNDING REQUEST BY INTERNATIONAL R 91-639
FREE ZONE ASSOCIATION IN CONNECTION 9/11/91
WITH ITS CONFERENCE AT THE KNIGHT
CONVENTION CENTER.
28. VICE MAYOR PLUMMER URGES ADMINISTRATION DISCUSSION
TO EMULATE CREATIVE EFFORTS BY OTHER 9/11/91
MUNICIPALITIES TO ATTRACT NEW
BUSINESSES TO THE CITY OF MIAMI..
29. AUTHORIZE PURCHASE OF 8,000 CURBSIDE R 91-640
RECYCLING CONTAINERS (UNDER EXISTING 9/11/91
PALM BEACH COUNTY BID 91-026) FROM
REHRIG PACIFIC COMPANY - ALLOCATE
$34,000 (1990-91) Solid Waste
Reduction, Recycling & Education
Special Grant Fund - Project 197003).
92-115
115-116
117-119
119-124
125-130
130-131
131-132
t
30. AUTHORIZE
PURCHASE OF THREE
RECYCLING
R 91-641 132-133
COLLECTION
VEHICLES AND ONE
ADDITIONAL
9/11/91
ALUMINUM
CAGE (UNDER
EXISTING
LAUDERHILL
BID) - ALLOCATE
$162,810
(1990-91
Solid Waste
Reduction,
Recycling
& Education Special
Grant
Fund - Project 197003).
31. AUTHORIZE INCREASE IN CONTRACT WITH R 91-642 134-136
CAZO CONSTRUCTION CORPORATION ($7,500), 9/11/91
CONCERNING CONSTRUCTION OF FOUR NEW
SINGLE FAMILY HOMES UNDER ALLAPATTAH
SCATTERED SITE HOUSING PROJECT - PHASE
I, B-3240-A, (CIP 321034 - Scattered
Site Affordable Housing Development
Program).
32. GRANT REQUEST BY GREATER BETHEL AFRICAN R 91-643 136-138
METHODIST EPISCOPAL CHURCH FOR CLOSURE 9/11/91
OF DESIGNATED STREETS CONCERNING ITS
ANNUAL CONFERENCE IN OVERTOWN.
33. AUTHORIZE SUBSTITUTION OF A RESERVE R 91-644 138-141
ACCOUNT SURETY BOND FOR CASH ON DEPOSIT 9/11/91
IN THE DEBT SERVICE RESERVE ACCOUNT
SECURING CITY'S OUTSTANDING GUARANTEED
ENTITLEMENT REVENUE BONDS, SERIES
1989 - APPROVE EXECUTION OF A FINANCIAL
GUARANTY AGREEMENT - AUTHORIZE
APPOINTMENT AND PAYMENT OF SPECIAL
COUNSEL.
34. AUTHORIZE APPROPRIATE CITY OFFICERS TO R 91-645 142
TAKE NECESSARY ACTIONS TO ACCOMPLISH 9/11/91
ISSUANCE OF THE DEBT SERVICE RESERVE
ACCOUNT SURETY BOND - AMEND RESOLUTIONS
89-443 / 89-549, WHICH AUTHORIZED
ISSUANCE OF THE BONDS.
35. RATIFY MANAGER'S PURCHASE OF R 91-646 143-147
REPLACEMENT TIRES AND TUBES FROM 9/11/91
MARTINO TIRE CO., INC. AS AN EMERGENCY
NEED (Department of General Services
Administration and Solid Waste).
36. DISCUSS AND DEFER PROPOSED RESOLUTION DISCUSSION 148-149
ACCEPTING BIDS FOR FURNISHING TIRES AND
TUBES. 9/11/91
37.
INSTRUCT CITY ATTORNEY TO FILE AN
M 91-647
APPEAL IN THE CASE OF LINN BAZEMORE
9/11/91
(CLAIM FOR $100,000).
38.
BRIEF COMMENTS BY COMMISSIONER DAWKINS
DISCUSSION
INFORMING ADMINISTRATION THAT A BLACK-
9/11/91
OWNED FIRM: CONSOLIDATED TECHNIQUES,
INC., SPECIALIZES IN ASBESTOS REMOVAL,
HAZARDOUS MATERIAL HANDLING, ETC. -
REQUESTS THAT SAID FIRM BE CONSIDERED
FOR FUTURE CITY NEEDS.
39.
ALLOCATE ADDITIONAL $100,000 FOR THE
R 91-648
ANTI -DRUG EDUCATION PROGRAM (Law
9/11/91
Enforcement Trust Fund) - AMEND
RESOLUTION 90-0148.
40.
AUTHORIZE FUNDING OF THE MIAMI POLICE
R 91-649
COPS AND KIDS ATHLETIC DRUG
9/11/91
DIVERSIONARY PROGRAM - ALLOCATE
$138,000 (Law Enforcement Trust Fund).
41. ACCEPT BID: MET CONSTRUCTION, INC. R 91-650
($76,750), TOTAL BID, FOR N.W. 7 STREET 9/11/91
BRIDGE RENOVATIONS B-4546 (CIP
341175) - EXECUTE CONTRACT.
42. ACCEPT BID: SOLO CONSTRUCTION R 91-651
CORPORATION ($984,235), TOTAL BID, FOR 9/11/91
ENGLEWOOD STORM SEWER PROJECT - PHASE I
B-5547 (CIP 352195) - EXECUTE CONTRACT.
43. ACCEPT BID: FRANK J. MORAN, INC. R 91-652
($447,710), TOTAL BID PLUS ADDITIVE 9/11/91
ITEMS A AND C OF PROPOSAL, FOR ORANGE
BOWL MODERNIZATION PROJECT II -
ELECTRICAL DISTRIBUTION (INSTALLATION)
B-2991-D - EXECUTE CONTRACT.
44. VICE MAYOR PLUMMER CRITICIZES THE DISCUSSION
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 9/11/91
BOARD FOR NOT HAVING SCHEDULED BOARD
APPOINTMENTS FOR THIS MEETING (See
label 65).
149-153
154
155-157
158-168
168-169
170-172
172-174
174-175
0'
45. RATIFY MANAGER'S FINDING OF SOLE R 91-653
SOURCE - WAIVER REQUIREMENT FOR 9/11/91
COMPETITIVE BIDDING - APPROVE
ACQUISITION OF 10 SPECIALLY TRAINED
POLICE HORSES (OVER NEXT 5 YEARS) FROM
NATIONAL MOUNTED POLICE TRAINING
GROUP - ALLOCATE $30,000 (Law
Enforcement Trust Fund).
46. RATIFY MANAGER'S FINDING OF SOLE R 91-654
SOURCE - WAIVE REQUIREMENT FOR 9/11/91
COMPETITIVE BIDDING - APPROVE PURCHASE
OF TEN MTX 8O0s PORTABLE TRUNKED RADIOS
FROM MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC.
47.
RATIFY MANAGER'S FINDING OF EMERGENCY -
R 91-655
APPROVE PURCHASE OF A MOTOROLA MSF
9/11/91
5000, 800 MHz CONVENTIONAL REPEATER
FROM MOTOROLA COMMUNICATIONS !ND
ELECTRONICS, INC.
48.
RATIFY MANAGER'S FINDING OF EMERGENCY -
R 91-656
APPROVE REPLACEMENT OF THE CHILLED
9/11/91
WATER BUNDLE COMPONENT OF AIR
CONDITIONING SYSTEM AT THE MUNICIPAL
JUSTICE BUILDING (1145 N.W. 11
STREET) - RATIFY PURCHASE OF THIS
SERVICE FROM CARRIER SYSTEMS SERVICES.
49.
AUTHORIZE INCREASE ($200,000) IN
R 91-657
CONTRACT ($347,396) WITH MANTELL
9/11/91
ENGINEERING CONTRACTORS, INC.
CONCERNING THE DOWNTOWN SANITARY SEWER
REPLACEMENT - PHASE III PROJECT (CIP
351281) - RATIFY MANAGER'S FINDING OF
AN EMERGENCY.
50.
(A) DISCUSSION CONCERNING TAX EXEIPT
DISCUSSION
PROPERTIES, AND A PROPOSED USERS' FEE
9/11/91
FOR CITY SERVICES.
(B) DISCUSSION CONCERNING PROPOSED
MANDATORY RESIDENCY FOR CITY EMPLOYEES.
175-179
179-182
183-185
185-188
188-191
191-196
0
51. DISCUSSION CONCERNING FUNDING REQUEST DISCUSSION 196-200
FROM CONCERT SYMPHONY POP FOR A
THEATRICAL PRODUCTION - DIRECT 9/11/91
ADMINISTRATION TO ASSIST, WITHOUT
EXPENSES TO THE CITY.
52.
(A) APPOINT / REAPPOINT INDIVIDUALS TO
R 91-658
201-207
SERVE ON THE WATERFRONT ADVISORY BOARD
R 91-659
(Appointed were: Richard Bunnell and
9/11/91
Eursla Wells; reappointed were:
William Harrington, Frank Albritton and
Rev. James Davis).
(B) APPROVE REESTABLISHMENT OF A
MARKED CHANNEL TO THE SOUTH OF DINNER
KEY, SUBJECT TO COAST GUARD AND OTHER
REGULATORY AGENCY APPROVAL REQUIRED FOR
APPROPRIATION OF FUNDS FROM DINNER KEY
MARINA RETAINED EARNINGS.
53.
APPROVE, IN PRINCIPLE, CONCEPT
M 91-660
208-217
PRESENTED BY SOUTH GROVE HOMEOWNERS
R 91-660.1
ASSOCIATION TO INSTALL 53 TRAFFIC SIGNS
9/11/91
(AT THEIR OWN EXPENSE) TO RESTRICT NON-
RESIDENTIAL TRAFFIC NORTHBOUND ALONG
LEJEUNE FROM TURNING EASTWARD TO MAIN
HIGHWAY DURING RUSH HOURS - URGE DADE
COUNTY TO IMPLEMENT RESOLUTION 89-907.
54.
DESIGNATE BOOK BY ARVA MOORE PARKS,
R 91-661
217-219
"THE MAGIC CITY", AS THE OFFICIAL
9/11/91
HISTORY OF THE CITY.
55.
REFER FUNDING REQUEST ($25,000) FROM
M 91-662
219-220
ONE ART, INC. TO CHIEF OF POLICE, WITH
9/11/91
COMMISSION'S RECOMMENDATION FOR FUNDING
THROUGH THE LAW ENFORCEMENT TRUST
PROGRAM, FOR: SPECIAL DANCERS OF
AMERICA / KIDS OFF STREET PROGRAM.
56.
PERSONAL APPEARANCE: ANN-MARIE ADKER,
DISCUSSION
221-228
TO DISCUSS ISSUES CONCERNING THE
9/11/91
OVERTOWN COMMUNITY.
57.
URGE POLICE DEPARTMENT TO ESTABLISH A
M 91-663
229-239
WALKING BEAT PATROL AT INTERSECTION OF
9/11/91
DOUGLAS ROAD AND GRAND AVENUE IN
COCONUT GROVE.
l
58.
(A) INSTRUCT MANAGER TO SELL A SURPLUS
M 91-664
239-242
VEHICLE AND PICKUP TRUCK TO BAYFRONT
ORDINANCE
PARK MANAGEMENT TRUST FOR MAINTENANCE
FIRST READING
OF CLAUDE AND MILDRED PEPPER BAYFRONT
9/11/91
PARK GROUNDS.
(8) FIRST READING ORDINANCE: AMEND
CODE ARTICLE III, CHAPTER 38 (BAYFRONT
PARK MANAGEMENT TRUST) - ESTABLISH A
DEDICATED REVENUE SOURCE FOR THE
MILDRED AND CLAUDE PEPPER FOUNTAIN -
PROVIDE THAT BAYFRONT PARK MANAGEMENT
TRUST ESTABLISH CHARGES FOR USE OF
THEIR TENTS, TICKET BOOTHS, FENCING,
TABLES AND CHAIR IN THE PARK.
59.
PERSONAL APPEARANCE BY MAIRA DIAZ FROM
DISCUSSION
243-244
DOWNTOWN MIAMI BUSINESS ASSOCIATION -
9/11/91
SCHEDULE DOWNTOWN CONCERNS TO BE HEARD
AT KNIGHT CENTER, OCTOBER 3RD, AT 6:30
P.M.
60.
GRANT REQUEST BY SUNSTREET FESTIVAL,
R 91-665
244-246
INC., FOR CLOSURE OF DESIGNATED STREETS
9/11/91
CONCERNING THE SUNSTREET FESTIVAL
PARADE - PERMIT SALE OF BEER AND WINE -
ESTABLISH AREA PROHIBITED TO RETAIL
PEDDLERS.
61.
DISCUSS AND CONTINUE REQUEST BY THE
DISCUSSION
246-259
FRATERNAL ORDER OF POLICE (FOP) MIAMI
9/11/91
LODGE 20, FOR FINANCIAL ASSISTANCE FOR
MARTIN GARCIA AND ALBERTO PUMARIEGA
(Continued to October 3rd Meeting).
62.
(A) COMMISSIONER DAWKINS INTRODUCES
DISCUSSION
259-267
FORTE PIERRE, MAYOR OF FORT LIBERTE,
M 91-666
HAITI.
9/11/91
(B) INSTRUCT CITY MANAGER TO IDENTIFY
-!
$50,000 TO BE LOANED TO THE HAITIAN
BE
RELEASED BEFORETIONOCTOBERC�1,(N�991)O AND
REPORT BACK TO COMMISSION WITH
RECOMMENDATION NO LATER THAN OCTOBER
3RD.
63.
DISCUSSION CONCERNING STATUS OF DINNER
DISCUSSION
267-275
KEY BOATYARD.
9/11/91
f=
64. PROHIBIT VEHICULAR ACCESS TO CERTAIN R 91-667
STREETS IN THE MORNINGSIDE NEIGHBORHOOD 9/11/91
AND URGE METROPOLITAN DADE COUNTY TO
INSTALL TRAFFIC SIGNS - AUTHORIZE
MANAGER TO SEEK SEALED BIDS FOR
CONSTRUCTION OF PERMANENT BARRICADES
AND AWARD CONTRACT(S) - DIRECT PUBLIC
WORKS DEPARTMENT TO CONSTRUCT PERMANENT
BARRICADES UPON RECEIPT OF $38,600 FROM
MORNINGSIDE RESIDENTS.
65. (A) NOMINATE RANDI TRAZENFELD, TONY M 91-668
MARINA AND GEORGE KNOX TO THE DOWNTOWN M 91-669
DEVELOPMENT AUTHORITY BOARD. 9/11/91
(B) APPOINT INDIVIDUAL TO MIAMI SPORTS
AND EXHIBITION AUTHORITY (Appointed
was: Jose Cancela).
66. ESTABLISH SPECIAL ASSESSMENT DISTRICT R 91-670
FOR ONE YEAR TO BE KNOWN AS THE 9/1.1/91
FLAGLER/CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT EXPANSION
DISTRICT (CONFIRMING RESOLUTION 91-
468) - LEVY SPECIAL ASSESSMENTS.
67. (A) FIRST PUBLIC HEARING ON FY-91-92 M 91-671
BUDGET - DISCUSS PROPOSED MILLAGE RATE DISCUSSION
AND TENTATIVE BUDGET FOR CITY OF 9/11/91
MIAMI - ADOPT TENTATIVE MILLAGE RATE
AND DEBT SERVICE RATE FOR CITY OF
MIAMI - ADOPT AMENDED TENTATIVE BUDGET.
(B) COMMISSIONER ALONSO PROPOSES THE
CREATION OF A BOARD TO ASSESS THE TRUE
VALUE OF ALL CITY OF MIAMI REAL ESTATE,
THE BOARD TO ANSWER ONLY TO THE CITY.
275-294
294-305
306-308
308-346
68. FIRST READING ORDINANCE: DEFINE AND ORDINANCE 346-348
DESIGNATE TERRITORIAL LIMITS FOR THE FIRST READING
CITY OF MIAMI FOR TAXATION PURPOSES - 9/11/91
FIX MILLAGE AND LEVY TAXES FOR FISCAL
YEAR OCTOBER 1, 1991 TO SEPTEMBER 30,
1992.
69. FIRST READING ORDINANCE: MAKE ORDINANCE 349-350
APPROPRIATIONS FOR CITY OF MIAMI BUDGET FIRST READING
FOR FISCAL YEAR ENDING SEPTEMBER 30, 9/11/91
1992.
r
70.
(A) DESIGNATE PROPOSED MILLAGE RATE AND
DISCUSSION 350-352
TENTATIVE BUDGET FOR DOWNTOWN
ORDINANCE
DEVELOPMENT DISTRICT - ADOPT AMENDED
FIRST READING
TENTATIVE BUDGET.
9/11/91
(B) FIRST READING ORDINANCE: DEFINE
AND DESIGNATE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI - FIX MILLAGE AND LEVY
TAXES FOR FY OCTOBER 1, 1991 TO
SEPTEMBER 30, 1992.
71.
FIRST READING ORDINANCE: MAKE
ORDINANCE 353-358
APPROPRIATIONS FROM DOWNTOWN
FIRST READING
DEVELOPMENT DISTRICT AD VALOREM TAX
9/11/91
LEVY FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1992.
72.
CONTINUE PROPOSED RESOLUTIONS: (a)
DISCUSSION 358-363
AUTHORIZING TRANSFER OF $350,000 TO DDA
9/11/91
AS ADVANCE PAYMENT OF AD VALOREM TAXES;
(b) APPROVING DEPARTMENT OF OFF STREET
PARKING BUDGET FOR FY -92; (c)
APPROVING DEPARTMENT OF OFF STR�ET
PARKING BUDGET FOR FY -92, TO PROVIDE
FOR OPERATION OF THE GUSMAN CENTER FOR
THE PERFORMING ARTS AND THE OLYMPIA
BUILDING; (d) APPROVING FY 1990-91
BUDGET FOR SOUTHEAST OVERTOWN / PARK
WEST REDEVELOPMENT DISTRICT TAX
INCREMENT TRUST FUND; AND (e) APPROVING
FY 1991-92 ADMINISTRATIVE BUDGET OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY.
73.
AUTHORIZE MANAGER TO EXECUTE AND FILE
R 91-672 363-365
APPROPRIATE DOCUMENTS RELATED TO THE
9/11/91
WAIVER AND REASSIGNMENT TO METROPOLITAN
DADE COUNTY OF TRUST FUNDS ($300,000)
PREVIOUSLY APPORTIONED BY DEPARTMENT OF
TRANSPORTATION (DOT), FEDERAL AVIATION
ADMINISTRATION (FAA) FOR CITY USE IN
CONNECTION WITH THE WATSON ISLAND
AIRPORT.
0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 11th day of September, 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. Dzwkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
Cesar Odio, City Manager
A. Quinn Jones, III, Acting City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Plummer then
led those present in a pledge of allegiance to the flag.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEM°.
(A) CONDOLENCES: AMADOR ODIO.
(B) PRESENTATION BY DADE COUNTY COMMISSIONER MARY COLLINS: SALUTE TO
THE TROOPS: FLAG DAY CELEBRATION.
(C) PROCLAMATION: FIRE FIGHTER APPRECIATION WEEK - FOR SUPPORT OF
FIGHT AGAINST MUSCULAR DYSTROPHY.
(D) PROCLAMATION: JOHN JOFFRE DAY - FOR COMMITMENT TO COMMUNITY
ENDEAVORS, PARTICULARLY AS PRESIDENT OF COCONUT GROVE ASSOCIATION,
INC.
(E) PRESENTATION: DR. MORAIMA TRUJILLO - IN RECOGNITION OF HER WORK
WITH AIDS PATIENTS.
(F) CERTIFICATE OF APPRECIATION: DECIMA SERIE MUNDIAL DE BEISBOL
INFANTIL (LITTLE LEAGUE BASEBALL).
-----------------------------------------------...-----------------------------
1. Resolution in remembrance of: Amador Odi), who earned the respect,
admiration and high regard of all the community.
2. Special presentation of the commemorative Coster "Salute to the Troops:
Flag Day Celebration." by County Commissi,iners Mary Collins and Alex
Penelas.
;a
1 September 11, 1991
0 .9
3. Proclaiming Fire Fighters Appreciation Week and special recognition to
Fire Fighters Ron Prickett (retired) and Raul Fernandez for their
contributions and involvement in the annual Muscular Dystrophy Drive.
4. Proclamation to John Joffre, D.D.S., saluting his long time civic and
community involvement and proclaiming September 5, 1991 as Dr. John Joffre
Day.
5. Presentation of a plate to Dr. Moraima Trujillo in recognition of her work
and efforts on behalf of those afflicted with AIDS.
6. Certificates of Appreciation awarded to players and participants in the
"Decima Serie Mundial de Beisbol Infantil."
2. DISCUSSION CONCERNING APPOINTMENT OF CITY ATTORNEY - CONFIRM A. QUINN
JONES, III, AS ACTING CITY ATTORNEY - RATIFY ACTIONS TAKEN BY ACTING CITY
ATTORNEY SINCE AUGUST 31ST - SCHEDULE CONSIDERATION OF APPOINTMENT OF
PERMANENT CITY ATTORNEY FOR OCTOBER 3RD COMMISSION MEETING.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Thank you. Commissioner Dawkins.
Commissioner Dawkins: A point of information and action. We have a gentleman
sitting in as Assistant City Attorney in place of the City Attorney who left,
and this board has taken no official action whatsoever. And I don't think the
Charter permits the past City Attorney to appoint someone as Acting City
Attorney. I think that's the duties and the responsibilities of this
Commission. And I'd like to have some action taken one way or the other.
Mayor Suarez: I think it's a very important point in view of that fact that
there is question as to the validity of actions taken by an Acting City
Attorney not appointed by this Commission. I guess we're in a funny situation
of asking the person who would otherwise be the Acting City Attorney, possibly
without the authority to be in that position, other than the fact that he's
been suggested by the former, no longer City Attorney, for his opinion on the
matter. Quinn, if you would venture telling us what your status is as you
understand it, and then it is up to us and in view of the Charter, to take
action that gives you lawful authority to give us other opinions. That's a
tough one.
A. Quinn Jones, III, Esq.: Well, I think what you had...
Commissioner De Yurre: But now the question is, this statement that he's
going to make now, is it valid? Is it a legal statement? He may...
Mayor Suarez: I guess it's as valid as any statement by any attorney who is
familiar with our Charter, but it may not have...
2 September 11, 1991
91 #
Commissioner Alonso: He better be, because he has already been at one
meeting, and so I think it's very legal.
Commissioner Dawkins: What are we going to do, huh?
Commissioner Alonso: I hope so.
Mayor Suarez: The particularly troubling aspect of not having a determination
di.
I° is that on settlements, I would think, which have ordinances that call for a
City Attorney's recommendation, that if we don't disapprove within a certain
;. number of days - up to $25,000 are approved - and certain other definitive and
official actions, so...
Mr. Jones: Mr. Mayor, I think that all of you are aware of the memo that was
circulated by the former City Attorney with respect to what he deemed as his
position that I, as Deputy City Attorney, could act until you made a permanent
appointment. I'd just like to say that I think you're absolutely right, as
pointed out by Commissioner Dawkins, that the Charter is quite clear that only
you as a governing body, can appoint a City Attorney. So to the extent that
you presently do not have a City Attorney, it does not logically, or in my
mind, legally flow that I or anyone else could act in that capacity unless you
appointed such a person.
Mayor Suarez: Commissioners, what's your pleasure on the scheduling of a vote
on this issue?
Commissioner Dawkins: I'm ready to vote now.
Commissioner Alonso: Me too, I really think that...
a Commissioner Dawkins: On the permanent one. If they all want to know my
feelings, I'm ready to vote now for the permanent City Attorney.
Mayor Suarez: Commissioner Alonso, did you want...
Commissioner Alonso: Well, I feel that at the budget time, it's always very
important to have a person that is going to be the one that will remain in the
position because if not, they will have to live with whatever budget is
approved, especially in a department that it's of such great importance for
the City of Miami. I think that perhaps is an issue that we should face, and
the sooner, perhaps, the better. I don't know if this Commission is willing
to take a vote today. If we are going to say, due to the importance of the
position, we are going to do a search. I don't know what is the pleasure of
the Commission. But I think definitely it's one item I would have liked to
see as one of the items in the regular agenda. I was very surprised not to
see it included, and I'm glad that Commissioner Dawkins brought the point.
Vice Mayor Plummer: Mr. Mayor, I'll give you my opin...
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Plummer: I am not prepared to vote today, and I'll tell you why.
I, like the rest of us, have received calls from people who are desirous of
being considered. And I have, because of my schedule, including Quentin, made
appointments, or tentative appointments for next week.
3 September 11, 1991
Mayor Suarez: Is that his real name?
Vice Mayor Plummer: Quentin...
Mr. Jones: Quinn.
Vice Mayor Plummer: Quinn - Quentin. Well, I understand it's "Queenie" by
those who know him.
Mayor Suarez: If his real name was Quentin, I would vote against him just on
that. I'm glad it's Quinn.
Vice Mayor Plummer: OK. San Quentin. I would feel, Mr. Mayor, that I have
done a disservice to the people who have called me and asked me to sit with
them and discuss with them if I were to take a vote today without having the
opportunity to speak to all of those who have called and asked for
consideration. So I would hope that it would be scheduled for the very next
meeting of this Commission, and I do then afford the opportunity and keep my
word to these people, that, in fact, I would sit with them and discuss the
issue and give everybody that has asked the right of consideration.
Commissioner De Yurre: Mr. Mayor, I certainly am not in a position to vote on
this issue today. I feel that, you know, at the very very earliest would be
like the first meeting in October. Just like J.L., I've had a number of
people that have shown interest, ranging from the private sector, from
F existing city attorneys in other cities of this community of Dade and Broward,
{ and I feel that we have to give them an opportunity to step forward and feel
part of the process. I think it's only the right thing to do at this point in
time. I'd be looking at to the first meeting in October at the earliest, as
far as my private schedule and the things that I'm involved in right now.
Commissioner Alonso: OK, I think we should set then a date, either at the
first meeting in October seems fine.
Mayor Suarez: I would not...
j
Commissioner Alonso: Why don't we say that...
Mayor Suarez: ...go beyond the first meeting in October.
Commissioner Alonso: That's right. I would rather see it at the end of the
month, but...
Mayor Suarez: And is it understood, Commissioners - I maybe probably don't
even have to ask this question - knowing how we all feel about national
searches and all of that - that we each are going to do our private reckoning
on this issue and be prepared to vote one way or the other if we reach
agreement at the meeting scheduled for this purpose which would otherwise be,
as suggested, October 3rd. No one is seeking any particular professional help
of the consulting - what do they call those executive search and all of that?
Vice Mayor Plummer: Headhunters.
4
September 11, 1991
;i.
=
j
!i
Mayor Suarez: Headhunters.
Commissioner De Yurre: Let me state for the record, Mr. Mayor. I'm a firm
believer of bringing up from within. But I think it's important that since
j
there's been such an interest that, you know, we give other people the
opportunity to meet with us and to discuss their possibilities.
�!
Mayor Suarez: Once again, to the rest of the world that is listening,
hopefully, particularly those agencies related to the City of Miami - and I
don't want to mention any names, but the Department of Off Street Parking
comes to mind - that they not spend 20, 30, or 40 thousand dollars, whatever
it is, in doing national searches and headhunters and all of that to find
`
executive directors. We've not done that. We've tried to set an example.
The Countywide agencies, the Beacon Council, etcetera, don't seem to follow
our example, which is always frustrating. But the citizens of this City, I
ik
think, have made it pretty clear in all of our campaigns that they don't like
i
these expenditures, and they don't like us looking to Iowa - not to pick on
any particular state - for people to come in this community and run our
agencies. We've got 2 million people living in Dade County and among those
there would clearly be some people qualified to do just about anything we
could ask them to do, including sit up here in this Commission, I suppose, and
take our seats. In any event, having heard then the desires...
a Commissioner De Yurre: Let's not give them any ideas.
Mayor Suarez: ...of the... not to give anybody an ideas around the end of
y
qualifying. But we do have elections coming up in the City of Miami. Not to
give anybody any ideas, we're otherwise, Mr. Manager, would you make sure that
the matter is scheduled for vote, consideration and possibly vote on October
3rd? I say possibly in case we don't reach consensus. Otherwise definitively
determine on October 3rd. Yes, if there's one procedure we may announce, it
is that as stated by the Commission, I think, unanimously, we are open to
people calling and submitting resumes and being interviewed. Commissioner De
-,, Yurre has even gone as far as Broward. I would not go much farther than
Broward. Seriously, I suppose it could be from an y y, pp y part of the country, but I
think we ought to give special preference to those we know, and those who have
come up through our ranks or those of governments in this community, Dade
County, etcetera. We won't even hold Dade County against them in view of the
fact that we had two of their Commissioners here and we have a whole new
relationship...
Commissioner Alonso: We are going to be kind.
Mayor Suarez: ...we're going to be kind to quote Commissioner Alonso. So
let's make sure that the rest of the world knows that. Quinn, you're in the
uncomfortable position of having to... I know you're a candidate having to
implement this sort of general call to the world to submit their application.
Certainly I would hope that you would convey to your staff that we're
interested in making this decision October 3rd, and that we're interested, for
the most part, I think everyone here has said at one point or another, in
trying to do something from in-house. And certainly other attorneys who have
been with us and who are now in other positions of responsibility, and have
distinguished themselves, would be eligible, and let that word be known
without any more formal... I don't anybody is asking for anything more formal
than that. Are you, Commissioners?
5 September 11, 1991
,a
Commissioner De Yurre: No, no, I just... and the thing is, I was talking
about Broward because, you know, are we going to make some kind of a strong
suggestion that the City Attorney live at least in Dade County or live in the
City of Miami? Is that going to be part of...
I`I Mayor Suarez: Once appointed, I think the policy that the Manager is
implementing for the high level employees, discretionary employees, is that
they live in the City of Miami. I would anticipate... good old Duke McBride
is out there, and so is Janet.
Commissioner Alonso: That's the way it should be. We have a...
;,s
t
Mayor Suarez: We would anticipate that that could be made - and maybe even a
condition of employment, I think - since the Commission does the appointing.
And, by the way, I think it's the only city official that is appointed for a
specific term, because the City Manager, or maybe the City Clerk also for a
specific term, for two years, I believe the City Attorney.
Commissioner De Yurre: What? -the City Attorney?
Mayor Suarez: Yes. He has a specific term until the next election, the next
general election, if I remember correct. As opposed to the City Manager who
basically is at the will of the Commission. And I forget how the City Clerk
works.
Ms. Hirai: Same way, Mr. Mayor.
Mayor Suarez: Same way....
i
Ms. Hirai: They're usually appointed City Clerk and City Attorney at the
inauguration.
Mayor Suarez: But the Charter, I think, says that that the term is for the...
Ms. Hirai: For two years.
Mayor Suarez: ...until the next general election of the City of Miami.
Ms. Hirai: Until the next - yes.
Commissioner De Yurre: But hardly ever do we do that, because then it means
i' that we have to give them a pay raise or something. So we kind of bypass the
whole process.
Mayor Suarez: We're going to bypass pay raises for a long time here, folks.
All right, without any further ado, Madam City Clerk do we have to approve
minutes of the last meeting?
Commissioner De Yurre: We11, what do you want to do about the interim
situation?
Mayor Suarez: The interim situation, there is... Do you want to vote
formalizing an Acting City Attorney given that we're not sure what special
6 September 11, 1991
y
powers there are? I mean, you are a Deputy who is taking over the functions
of the City Attorney while he is not serving.
Vice Mayor Plummer: In his absence.
Mayor Suarez: I don't think there is anything more than that.
Mr. Odio: Huh?
Vice Mayor Plummer: In his absence.
Commissioner Dawkins: I so move that the...
Commissioner Alonso: In his absence, I think we have to appoint it, because
I'm not sure that was the proper way. I think it is our responsibility to do
so, so we'd better, indeed, otherwise...
Mayor Suarez: Is formalize our understanding that he has the powers of the
City Attorney to the extent that we can do that by formal resolution.
Mr. Odio: I would do that.
Vice Mayor Plummer: Fine.
Commissioner Alonso: Um hum.
Vice Mayor Plummer: So move.
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. 91-602
A RESOLUTION APPROVING THE DESIGNATION OF A. QUINN
JONES, III, AS ACTING CITY ATTORNEY OF THE CITY OF
MIAMI, FLORIDA, AND APPOINTING SAID INDIVIDUAL TO
SERVE ON AN INTERIM BASIS IN THE POSITION OF CITY
ATTORNEY FOR ONLY SUCH PERIOD OF TIME UNTIL THE CITY
COMMISSION SHALL MAKE A PERMANENT APPOINTMENT OF A
PERSON TO SUCH POSITION, WITH THERE BEING NO
ENHANCEMENT OR DIMINUTION OF SAID INDIVIDUAL'S
ELIGIBILITY FOR SUCH PERMANENT APPOINTMENT NECESSARILY
RESULTING FROM OR BY REASON OF THE HEREIN INTERIM
APPOINTMENT; FURTHER, VALIDATING, RATIFYING AND
CONFIRMING ALL PRIOR ACTIONS WHICH MAY HAVE BEEN TAKEN
ON AND SINCE AUGUST 31, 1991 BY SAID INDIVIDUAL WHILE
SERVING AS ACTING CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
7 September 11, 1991
i
A
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: All right, folks, October 3rd.
the minutes of the last meeting?
Ms. Hirai: Yes, Mr. Mayor.
Commissioner Alonso: We all feel better enough.
Commissioner De Yurre: Moved.
Mayor Suarez: Moved, on the minutes.
Vice Mayor Plummer: Second.
Madam, do we need to approve
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
NOTE FOR THE RECORD: On motion duly made by
Commissioner De Yurre and seconded by Vice Mayor
Plummer, the minutes of the Commission meetings of
June 20, 1991 (P&Z), July 11 (Regular) and July 25,
1991 (P&Z), were approved by the Commission.
3. GRANT REQUEST FOR RENTAL FEE WAIVER FOR USE OF BAYFRONT PARK IN
CONNECTION WITH: FESTIVAL DEL NINO.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: ...if I may, for a second. I have here Mr. Chin
Martinez, the executive director of Festival del Nino, that they're going to
be holding the second annual celebration at Bayfront Park and they need some
help from the City. If they could approach the mike and make their best
pitch.
8 September 11, 1991
Mayor Suarez: Point of special privilege, Commissioner De Yurre.
Ms. Rosy Quintero: Thank you for having us here.
Mayor Suarez: We need you a little closer to the mike. And the name, if you
would repeat it, and give us an address, please.
Ms. Quintero: Yes. My name is Rosy Quintero, and I'm working with Chin
Martinez on the Festival del Nino. This is going to be our second Festival
del Nino, and this year we're going to be celebrating the National Children's
Day, which was passed by the United States Congress this year to be the
official date, which is the second Sunday of October. And we want to move
this festival in Bayfront Park so that our community is well known for this
official day, which is just like Mothers Day, Fathers Day. It's going to be
the official Childrens Day. So, we come to you to...
Commissioner De Yurre: What do you seek?
Ms. Quintero: We seek for the Bayfront Park...
Mayor Suarez: Can we get a community day, J.L.? Is that...
Vice Mayor Plummer: When is it? When is it scheduled for?
Ms. Quintero: Thirteenth of October.
Vice Mayor Plummer: Yes, we're in to the new budget year, Mr. Mayor, and we
have 30 days over again then. We can waive the rental, but we cannot waive
the expenses.
Ms. Quintero: Just the rental.
Vice Mayor Plummer: Yes.
Mayor Suarez: The use of the facility is our policy and the rest of the
expenses have to be provided by you.
Vice Mayor Plummer: We will need you to go and make a presentation to the
Bayfront Park Trust Authority, because it's their final word and as a matter
of courtesy, but I can tell you it would be no problem. If you'll see Ann
Sterling in my office, she'll tell you how to proceed. Ann Sterling, not in
my office.
Commissioner De Yurre: I'll move, Mr. Mayor, then that we make available
October 13th free of rent to the Festival del Nino.
Vice Mayor Plummer: Second.
Mayor Suarez: Make a recommendation to the Bayfront Park Management Trust.
So moved and seconded. Any discussion? If not, please call the roll.
9 September 11, 1991
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-603
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES OF THE "FESTIVAL DEL NINO" EVENT FOR
RENTAL FEE WAIVER FOR USE OF BAYFRONT PARK ON OCTOBER
13, 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.
Mayor Suarez: I know that Chin Martinez has been celebrating this as a child
in the 19th century and all the way since then for the last... Thank you.
Ms. Quintero: OK, thank you.
Mr. Chin Martinez: Thank you very much. MUCHAS GRACIAS.
Mayor Suarez: IGUALMENTE.
------------------------------------------------------------------------------
4. CONSENT AGENDA (See label 8).
Mayor Suarez: All right, folks, I see...I was going to say Chin Phillips -
Earl Phillips and we're pleased you got another $50 million dollars for
renovation of HUD, public housing. You might want to thank the fellow behind
you who has been instrumental in getting us a little bit of federal help over
the years, Mark Israel - in case you don't know each other, and, of course,
we'll be looking to see how the money is spent, Earl. Items...
Vice Mayor Plummer: What is Earl here for?
Commissioner Alonso: For an item that, the eight hundred and fifty thousand.
Vice Mayor Plummer: In the...
Commissioner Alonso: Yes, it's item...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
10 September 11, 1991
Ir
Mayor Suarez: We're going to get to it fairly quickly, Earl. OK, folks,
Commissioners, the consent agenda is comprised of items CA-1 through CA-28,
minus...
Vice Mayor Plummer: Twenty-one.
Mr. Odio: I have to withdraw one, Mr. Mayor.
Mayor Suarez: Those that are withdrawn, CA-21 has been withdrawn by the
administration.
Mr. Odio: And CA-15.
Mayor Suarez: CA-15 and CA-21. If there's any other items that need to be
clarified. If not, I'll...
Commissioner Alonso: Fifteen, twenty - what?
Mayor Suarez: One has been withdrawn.
Vice Mayor Plummer: Twenty-one.
Mr. Odio: CA-15. We have to withdraw that one and CA-21.
Mayor Suarez: If not, I'll entertain a motion on items CA-1...
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Pull 17 for discussion.
Mayor Suarez: ...through CA-28. OK, CA...
Commissioner Dawkins: Seventeen for discussion.
Mayor Suarez: Seventeen.
Vice Mayor Plummer: You want to pull?
Commissioner Alonso: Yes.
Mayor Suarez: And a clarification on 17. Commissioner Alonso.
Commissioner Alonso: Nineteen and 20 for clarification.
Mayor Suarez: With the exception of items 15, 17, 19, 20, and 21, I'll
entertain a motion on items CA-1 through CA-28.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
11 September 11, 1991
U
Mr. Odic: Seventeen is yours, Plummer.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Vice Mayor Plummer: Hum?
Mr. Odic: Seventeen is yours, CA-17.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER ALONSO, THE CONSENT AGENDA, WITH THE
ABOVE EXCEPTIONS WAS APPROVED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
4.1 ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF RESULTS OF SPECIAL
MUNICIPAL ELECTION (SEPTEMBER 3, 1991) IN WHICH THE QUESTION OF
AUTHORIZING CITY -OWNED WATERFRONT LAND LOCATED ADJACENT TO MIAMI MARINE
STADIUM ON SOUTHERLY SHORELINE OF MARINE STADIUM BASIN (VIRGINIA KEY
BASIN PROPERTY) BE LEASED TO BAYSIDE SEAFOOD RESTAURANT AND BREWPUB
PARTNERSHIP TO OPERATE A RESTAURANT, BREWERY AND MARINE -RELATED RETAIL
FACILITY WAS APPROVED BY ELECTORATE.
RESOLUTION NO. 91-604
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY
ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION
AND DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD SEPTEMBER 3, 1991, IN WHICH
THE QUESTION OF AUTHORIZING CITY -OWNED WATERFRONT
LAND CONSISTING OF APPROXIMATELY 2.88 ACRES LOCATED
ADJACENT TO AND IMMEDIATELY WEST OF MIAMI MARINE
STADIUM ON THE SOUTHERLY SHORELINE OF THE MARINE
STADIUM BASIN, MIAMI, FLORIDA, MORE COMMONLY KNOWN
AS THE "VIRGINIA KEY BASIN PROPERTY", TO BE LEASED
TO BAYSIDE SEAFOOD RESTAURANT AND BREWPUB
PARTNERSHIP WHICH WOULD OPERATE A RESTAURANT,
BREWERY AND MARINE -RELATED RETAIL FACILITY WAS
APPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
12 September 11, 1991
4.2 PROVIDE FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 5, 1991,
FOR NOMINATION OF CANDIDATES FOR OFFICES OF TWO COMMISSIONERS, AND FOR
HOLDING A LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER 12, UNLESS THE
OFFICES WERE FILLED IN THE PRIMARY ELECTION.
RESOLUTION NO. 91-605
A RESOLUTION, WITH ATTACHMENT(S), MAKING PROVISIONS
FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON
NOVEMBER 5, 1991, FOR THE NOMINATION OF CANDIDATES
FOR THE OFFICES OF TWO COMMISSIONERS AND FOR HOLDING
A LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER 12,
1991, UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN
THE NONPARTISAN PRIMARY ELECTION; PROVIDING FOR THE
REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID
NONPARTISAN GENERAL ELECTION; DESCRIBING PERSONS
QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY
ELECTION AND SAID GENERAL MUNICIPAL ELECTION;
DESCRIBING THE REGISTRATION BOOKS AND RECORDS
MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS
OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS
ADOPTED AND DESIRES TO USE FOR HOLDING SUCH
NONPARTISAN PRIMARY ELECTION AND SUCH GENERAL
MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE
CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE
CITY COMMISSION WITH RESPECT TO THE USE OF SUCH
REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE
CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE
ADOPTION OF THIS RESOLUTION AND THE PROVISIONS
HEREOF.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13 September 11, 1991
0) 0
4.3 CLASSIFY AS CATEGORY A SURPLUS STOCK: 100 SOLID WASTE CONTAINERS, 1
SWEEPER, 5 RUBBISH TRUCKS, AND 6 GARBAGE PACKING TRUCKS - DONATE TO
SISTER CITY OF PORT -AU -PRINCE, HAITI.
RESOLUTION NO. 91-606
A RESOLUTION CLASSIFYING ONE HUNDRED (100) SURPLUS
SOLID WASTE CONTAINERS, ONE (1) SURPLUS SWEEPER,
FIVE (5) SURPLUS RUBBISH TRUCKS AND SIX (6) SURPLUS
GARBAGE PACKING TRUCKS AS CATEGORY "A" SURPLUS
STOCK, AND DONATING THE SAME, AFTER THE EXECUTION OF
THE APPROPRIATE RELEASE DOCUMENTS, TO THE SISTER
CITY OF PORT -AU -PRICE, IN THE REPUBLIC OF HAITI,
SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN
SEPTEMBER 11, 1991 AND SEPTEMBER 109 1992; SAID
EQUIPMENT TO BE USED BY THE CITY OF PORT -AU -PRINCE
IN ITS MUNICIPAL SANITATION EFFORTS WITH ALL
TRANSPORTATION, PACKING, AND SHIPPING COSTS TO BE
THE SOLE RESPONSIBILITY OF THE CITY OF PORT -AU -
PRINCE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.4 CLASSIFY AS CATEGORY A SURPLUS STOCK: 100 SOLID WASTE CONTAINERS, 1
SWEEPER, 5 RUBBISH TRUCKS, 1 FRONT END LOADER, AND 6 GARBAGE PACKING
TRUCKS - DONATE TO SISTER CITY OF MANAGUA, NICARAGUA.
RESOLUTION NO. 91-607
A RESOLUTION CLASSIFYING ONE HUNDRED (100) SURPLUS
SOLID WASTE CONTAINERS, ONE (1) SURPLUS SWEEPER,
FIVE (5) SURPLUS RUBBISH TRUCKS, ONE (1) SURPLUS
FRONT END LOADER AND SIX (6) SURPLUS GARBAGE PACKING
TRUCKS AS CATEGORY "A" SURPLUS STOCK, AND DONATING
THE SAME, AFTER THE EXECUTION OF THE APPROPRIATE
RELEASE DOCUMENTS, TO THE SISTER CITY OF MANAGUA, IN
THE REPUBLIC OF NICARAGUA, SUCH DONATION TO BE VALID
AND EFFECTIVE BETWEEN SEPTEMBER 119 1991 AND
SEPTEMBER 10, 1992, SAID EQUIPMENT TO BE USED BY THE
CITY OF MANAGUA IN ITS MUNICIPAL SANITATION EFFORTS
WITH ALL TRANSPORTATION, PACKING, AND SHIPPING COSTS
TO BE THE SOLE RESPONSIBILITY OF THE CITY OF
MANAGUA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
14 September 11, 1991
4.5 ACCEPT BID: NATIONAL DRAEGER, INC., FOR FURNISHING COMPLETE 6-YEAR
OVERHAUL ON 220 PA-80 1ST STAGE BREATHING AIR REGULATORS (Fire
Department).
RESOLUTION NO. 91-608
A RESOLUTION ACCEPTING THE BID OF NATIONAL DRAEGER,
INC. FOR FURNISHING COMPLETE SIX (6) YEAR OVERHAUL
ON TWO -HUNDRED TWENTY (220) PA-80 1ST STAGE
BREATHING AIR REGULATORS FOR THE FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT AT A TOTAL PROPOSED
COST OF $29,700.00; ALLOCATING FUNDS THEREFOR FROM
THE 1990-91 OPERATING BUDGET ACCOUNT CODE NO.
280701-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.6 ACCEPT BID: RIGHT -SAFETY WARE, FOR FURNISHING HAZ-MAT SUITS (Fire
Department - CIP 313237).
RESOLUTION NO. 91-609
A RESOLUTION ACCEPTING THE BID OF RIGHT -SAFETY WARE
FOR FURNISHING HAZ-MAT SUITS TO THE FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT AT A TOTAL PROPOSED
COST OF $35,558.00; ALLOCATING FUNDS THEREFOR FROM
THE CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 313237,
ACCOUNT CODE NO 289401-840; 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.)
15 , September 11, 1991
i
4.7 ACCEPT BID: PHYSIO CONTROL CORP., FOR FURNISHING 6 MONITORS /
DEFIBRILLATORS AND ACCESSORIES (Fire Department - Florida Emergency
Medical Services Grant Fund 104005).
RESOLUTION NO. 91-610
A RESOLUTION ACCEPTING THE BID OF PHYSIO CONTROL
CORP. FOR FURNISHING SIX (6) MONITORS/DEFIBRILLATORS
AND ACCESSORIES FOR THE FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMENT AT A TOTAL PROPOSED COST OF
$34,960.00; ALLOCATING FUNDS THEREFOR FROM THE STATE
OF FLORIDA EMERGENCY MEDICAL SERVICES GRANT FUND NO.
104005, ACCOUNT CODE NO. 280506-840; 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.)
4.8 ACCEPT BID: MIDWEST COMMUNICATIONS CORP., FOR
PRODUCTION EQUIPMENT (Fire Department - CIP 313228).
RESOLUTION NO. 91-611
FURNISHING VIDEO
A RESOLUTION ACCEPTING THE BID OF MIDWEST
COMMUNICATIONS CORP. FOR FURNISHING VIDEO PRODUCTION
EQUIPMENT TO THE FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMENT AT A TOTAL PROPOSED COST OF
$47,891.50; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 313228,
ACCOUNT CODE NO. 289401-840; 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.)
16 . ) September 11, 1991
4.9 ACCEPT BID: CARLSON FENCE COMPANY, INC., FOR FURNISHING AND INSTALLATION
OF ADDITIONAL FENCING AT FIRE STATION NO. 2 (Department of General
Services Administration and Solid Waste / Property Maintenance
Division - CIP 313018).
RESOLUTION NO. 91-612
A RESOLUTION ACCEPTING THE BID OF CARLSON FENCE
COMPANY, INC. FOR THE FURNISHING AND INSTALLATION OF
ADDITIONAL FENCING AT FIRE STATION NO. 2 FOR THE
y1
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE/PROPERTY MAINTENANCE DIVISION AT A TOTAL
PROPOSED COST OF $6,097.00; ALLOCATING FUNDS
,.r
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 313018, ACCOUNT CODE NO. 289301-860;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
i
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.10 ACCEPT BID: SOUTH FLORIDA MAINTENANCE SERVICES, INC., FOR FURNISHING
CLEANING SERVICES AT MIAMARINA AND DINNER KEY MARINA - EXTEND CONTRACT
(Parks Department).
RESOLUTION NO. 91-613
A RESOLUTION ACCEPTING THE BID OF SOUTH FLORIDA
MAINTENANCE SERVICES, INC. FOR FURNISHING CLEANING
SERVICES AT THE MIAMARINA AND DINNER KEY MARINA FOR
THE DEPARTMENT OF PARKS AND RECREATION ON A CONTRACT
BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND FOR TWO
(2) ADDITIONAL ONE-YEAR PERIODS AT A TOTAL PROPOSED
FIRST YEAR COST OF $21,722.00; ALLOCATING FUNDS
THEREFOR FROM THE 1991-92 OPERATING BUDGET, ACCOUNT
CODE NO. 580404-340 ($14,232) AND ACCOUNT CODE NO.
580405-340 ($7,490); 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 TWO (2) ADDITIONAL ONE YEAR
PERIODS SUBJECT TO THE AVAILABILITY OF FUNDS AND
UPON THE SAME TERMS, PRICE AND CONDITIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
17 September 11, 1991
El
4.11 APPROVE PURCHASE OF 3 PUREBRED GERMAN SHEPHERD DOGS (Law Enforcement
�! Trust Fund) .
RESOLUTION NO. 91-614
A RESOLUTION APPROVING THE PURCHASE OF THREE (3)
PUREBRED GERMAN SHEPHERD DOGS, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $10,500, FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING
BEEN APPROVED BY THE CHIEF OF POLICE AND SUCH
EXPENDITURE BEING SUBJECT TO COMPLIANCE WITH
APPLICABLE CITY CODE PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.12 APPROVE PURCHASE OF INTOXILIZER 5000R WITH ACCESSORIES (Law Enforcement
Trust Fund).
RESOLUTION NO. 91-615
A RESOLUTION APPROVING THE PURCHASE OF AN
INTOXILIZER 5000R WITH ACCESSORIES, AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $5,500,
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS
HAVING BEEN APPROVED BY THE CHIEF OF POLICE AND SUCH
1 EXPENDITURE BEING SUBJECT TO COMPLIANCE WITH
a APPLICABLE CITY CODE PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.13 AUTHORIZE SUPPORT OF ANNE FRANK EXHIBITION (Law Enforcement Trust Fund).
RESOLUTION NO. 91-616
A RESOLUTION AUTHORIZING THE SUPPORT OF THE ANNE
FRANK EXHIBITION, AND ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $7,500, 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.)
18 1 September 11, 1991
El
El
4.14 AUTHORIZE FUNDING OF BETTER WAY PROGRAM (Law Enforcement Trust Fund).
RESOLUTION NO. 91-617
A RESOLUTION AUTHORIZING THE FUNDING OF THE BETTER
WAY PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $25,000, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN
APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.15 EXECUTE AGREEMENT: NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC., TO
CONTINUE REPRESENTATION OF THE CITY IN WASHINGTON, D.C. BY MARK ISRAEL
(LOBBYIST) - ALLOCATE $28,800 PLUS $4,000 FOR REIMBURSABLE EXPENSES
(Legislative Liaison General Fund).
RESOLUTION NO. 91-618
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE NATIONAL
CENTER FOR MUNICIPAL DEVELOPMENT, INC., TO CONTINUE
REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON,
D.C. BY MR. MARK ISRAEL; ALLOCATING THEREFOR AN
AMOUNT NOT TO EXCEED $28,800 FOR SUCH SERVICES, AND
AN AMOUNT NOT TO EXCEED $4,000 FOR REIMBURSABLE
EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.16 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF PORTION OF
ORANGE BOWL STADIUM BY ENCORE ENTERTAINMENT, INC., FOR PRESENTATION OF
JAMES BROWN CONCERT - EXECUTE AGREEMENT.
RESOLUTION NO. 91-619
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF A
PORTION OF THE ORANGE BOWL STADIUM BY ENCORE
ENTERTAINMENT, INC., FOR THE PRESENTATION OF THE
"JAMES BROWN" CONCERT AT SAID STADIUM ON SEPTEMBER
28, 1991; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND SAID
ORGANIZATION FOR THIS PURPOSE; AND SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE.
19 �.} September 11, 1991
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
a ,
4.17 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AGAINST ELLA
SOMERSET-BLACK AND ALFONSO SOMERSET, OWNERS OF UNITED WORLD CHURCH
SUPPLY AND PRINTING, INC., TO RECOVER LOAN FUNDS ($35,228.11 from
Citywide Small Business Development Pilot Loan Program).
RESOLUTION NO. 91-620
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL
ACTION AGAINST ELLA SOMERSET-BLACK AND ALFONSO
SOMERSET, OWNERS OF UNITED WORLD CHURCH SUPPLY b
PRINTING, INC., TO RECOVER LOAN FUNDS FROM THE
CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM IN THE AMOUNT OF $35,228.11 PROVIDED TO SAID
INDIVIDUALS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.18 AUTHORIZE PLACEMENT OF MARKER AT N.W. 1 AVENUE SOUTH OF INTERSECTION
WITH N.W. 10 STREET, IN MEMORY OF EUGENE D. MARKS - WAIVE FEES -
ALLOCATE $800.
RESOLUTION NO. 91-621
A RESOLUTION AUTHORIZING THE DESIGNATION AND
PLACEMENT OF A MARKER AT NORTHWEST 1ST AVENUE SOUTH
OF ITS INTERSECTION WITH NORTHWEST LOTH STREET,
MIAMI, FLORIDA, IN MEMORY OF "EUGENE D. MARKS";
WAIVING ALL FEES IN CONNECTION WITH SAID MARKER
DESIGNATION AND ALLOCATING THE AMOUNT OF $800.00
FROM "SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT
FUNDS, FY 1990-91" TO PAY FOR THE PURCHASE AND
INSTALLATION OF SAID MARKER; FURTHER, DIRECTING THE
CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC
WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED OFFICES AND AGENCIES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20 1 ) September 11, 1991
4.19 APPROVE PARTIAL USE OF STREETS IN COCONUT GROVE DURING AV-MED COCONUT
GROVE 5-MILER (MIAMI RUNNERS CLUB, INC.).
RESOLUTION NO. 91-622
A RESOLUTION APPROVING THE PARTIAL USE OF STREETS
AND THOROUGHFARES IN COCONUT GROVE DURING THE AV-MED
COCONUT GROVE 5-MILER TO BE CONDUCTED BY THE MIAMI
RUNNERS CLUB, INC., ON OCTOBER 5, 1991, BETWEEN THE
HOURS OF 8:00 A.M. AND 11:00 A.M., SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENT OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING
THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON
CERTAIN STREETS; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR
ALL THE NECESSARY COSTS OF CITY SERVICES AND FEES
ASSOCIATED WITH THE 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.)
4.20 GRANT REQUEST BY FRIENDS OF GERMANY, INC., FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE SEVENTH ANNUAL OKTOBERFEST - PERMIT SALE OF BEER
AND WINE.
RESOLUTION NO. 91-623
A RESOLUTION RELATED TO THE SEVENTH ANNUAL
OKTOBERFEST TO BE CONDUCTED BY FRIENDS OF GERMANY,
INC., SEPTEMBER 27 THROUGH OCTOBER 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; AUTHORIZING THREE
(3) THREE-DAY PERMITS TO SELL BEER AND WINE IN
CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE
OF ALL PERMITS REQUIRED BY LAW; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS HEREIN UPON THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE AND PAYING FOR ALL NECESSARY COSTS OF
CITY SERVICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
21 September 11, 1991
4.21 GRANT REQUEST BY COCONUT GROVE CHAMBER OF COMMERCE FOR CLOSURE OF
DESIGNATED STREETS CONCERNING THE 15TH ANNUAL BANYAN ARTS AND CRAFTS
FESTIVAL - ESTABLISH PEDESTRIAN MALL, AND AREA PROHIBITED TO RETAIL
PEDDLERS - PERMIT SALE OF BEER AND WINE.
RESOLUTION NO. 91-624
A RESOLUTION RELATED TO THE 15TH ANNUAL BANYAN ARTS
6 CRAFTS FESTIVAL TO BE CONDUCTED BY THE COCONUT
GROVE CHAMBER OF COMMERCE OCTOBER 19-20, 1991;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A
PEDESTRIAN MALL 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 RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS
OF CITY SERVICES AND FEES 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.)
4.22 CLAIM SETTLEMENT: YOLANDE JEAN BATISTE (PERSONAL REPRESENTATIVE OF
ESTATE OF MARIUS MONTRELL, DECEASED) ($30,000) (Circuit Court case No.
89-21549).
RESOLUTION NO. 91-625
A RESOLUTION, AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO YOLANDE JEAN BATISTE, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF MARIUS MONTREIL,
DECEASED, WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $30,000.00 IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, IN CIRCUIT COURT CASE NO. 89-21549 (CA 01),
UPON THE EXECUTION OF A RELEASE RELEASING THE CITY
OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, WITH
SAID FUNDS THEREFOR BEING ALLOCATED FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, AND UPON
APPROVAL OF THE SETTLEMENT BY THE PROBATE
COURTIGUARDIANSHIP DIVISION OF THE CIRCUIT COURT IN
ACCORDANCE WITH ADMINISTRATIVE RULE 89-17 AS MAY BE
REQUIRED BY LAW.
22 September 11, 1991
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.23 ACCEPT PLAT: MAGALY SUBDIVISION.
RESOLUTION NO. 91-626
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED "MAGALY SUBDIVISION", A SUBDIVISION IN THE
CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF
THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5. REQUEST MANAGER TO INVESTIGATE CAUSE OF SETTLEMENT AND DISTRESS PROBLEMS
OF CERTAIN STRUCTURES IN BAYFRONT PARK - EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH BLISS AND NYLTRAY, INC., CONSULTING ENGINEERS, TO ASSIST
IN INVESTIGATION - AUTHORIZE EXPENDITURE OF $7,500 FOR PROFESSIONAL
SERVICES (Bayfront Park Redevelopment, North End and Amphitheater - Phase
II, Project 331302).
Mayor Suarez: Clarification on CA-17.
Commissioner Dawkins: Mr. Manager, or somebody, when this project was
initiated, didn't anyone do a soil test or something to tell what stress the
area would support or not?
Mr. Odio: Commissioner Dawkins, I would have to review that because I was not
involved from the...
Dr. Luis Prieto: I could take care of that.
Mr. Odio: Can you tell him that?
Mr. Prieto: Sure.
Mr. Odio: OK, go ahead.
23 September 11, 1991
Mr. Prieto: Yes, soil tests were taken, sir.
Commissioner Dawkins: Well, if the soil tests... Well, how didn't we
determine that the structures we have there now, they're putting too great a
stress on the land and they're settling and what have you. How could we make
that mistake, for the lack of a better word?
Mr. Prieto: This was a design mistake, we believe, by the consultants,
original consultants, sir.
Commissioner Dawkins: So the individuals who designed it led us astray or
awrong?
Mr. Odio: We believe that the design was at fault there and...
Commissioner Dawkins: Beg your pardon?
Mr. Odio: The consulting engineers, Sadao & Fuller, whatever, and Noguchi's
group did not...
Commi�7,ioner Dawkins: So isn't there such a thing as malpractice or they led
us astray that you could sue them?
Vice Mayor Plummer: Well, that's what this is going to determine.
Mr. Prieto: Yes, sir.
Mr. Odio: Yes, that's...
Mr. Prieto: That's why we're doing this.
Commissioner Dawkins: Beg your pardon? Beg your pardon?
Mr. Prieto: That's why we're doing this.
Mr. Odio: We're trying to... If we can get a consulting firm to say that they
agree with us, then we can pursue this in court.
Vice Mayor Plummer: An independent.
Mr. Odio: Independent consultant.
Commissioner Dawkins: Weil, you know, why do I have to drag that out of
people here? I mean, why wasn't I... Why, you know, I look almost like an
idiot. You guys have already said, if we have a firm and the firm determines
that an error was made, we're going to sue. And here I come and ask this and
then you tell me yes.
Vice Mayor Plummer: Commissioner...
Commissioner Dawkins: Now, let's go another step farther. In the event that
the consultant determines what the problem is, where is the money to correct
the problem?
24 September 11, 1991
"a 4
Mr. Prieto: Presumably from the professional insurance that is carried by the
consultant who did the work, sir.
Commissioner Dawkins: Getting back to
get a consultant. The consultant will
to sue. Then it's going through court
this time...
Vice Mayor Plummer: Maybe.
My original statement, we're going to
identify the problem. Then we're going
. Then it's going to be appealed. All
Commissioner Dawkins: ...the problem continues to get worse and worse and
worse. So now where is the money coming from to make the corrective measures,
even if nothing more than to halt what's happening until you can get it
corrected?
Vice Mayor Plummer: May I address my colleague? Commissioner...
Commissioner Dawkins: I don't know why you're getting permission now, you
always do anyway.
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: Commissioner, I was the one who brought to this
Commission approximately six or seven months ago, that there were problems in
the construction and asked at that time that we be afforded the opportunity to
go out and get an independent consultant to come back and to say before the
times of guarantees ran out. I was brow beat down to the point of, let's do
it in-house and save money. We did do an in-house study, and made
determinations, in fact, that there were some major problems. And as such, to
go to court would have to be an independent for our side to make that study.
Hopefully, we will not have to go through the process of a court action, an
appeal and whatever. It would be my hope and desire that the contractors
would settle and make things right. Now, I know that that's a hope that
sometimes doesn't become a reality. But I think if we have an independent on
our side who says, hey, there were problems, that we could bring about a
realistic solution to the problem and get them corrected. That is what this
is trying to accomplish to do.
Mayor Suarez: Has the...
Commissioner Dawkins: Nobody still... I'm sorry, Mr. Mayor...
Mayor Suarez: I just want to follow up on something that Commissioner Dawkins
has said before. I just still see a lack of aggressiveness on the part of the
City Attorney's Office. I know you're in sort of a hiatus position there,
Quinn, but has the City Attorney's Office filed any suits to collect against
anyone in the matter of Bayfront Park? And by the way, on those containment
cases, I found out yesterday when I was checking that we've not filed any
suits - I said containment, I meant contamination cases - against people in
the Melrose Nursery housing project. I don't want to digress. I want to
stick to Bayfront Park, but when are we going to see some lawsuits filed by us
to collect against people who have given us bad advice? We need an aggressive
posture there. And we were supposed to be suing in the matter of... And I
hope we don't get in the situation where they say, the Manager didn't give us
25 September 11, 1991
Iii
the documents so we can prepare a lawsuit, and, you know, vice versa. They
start blaming things back and forth. We have to be aggressive to collect
these monies. Everybody is collecting against us, and we're not collecting
against anybody.
Commissioner Dawkins: OK, I hear you, J.L., and I can relate to what you're
saying. But I still have a problem with the fact that the contractor could
say, yes, I am at fault, and this should have been brought to me earlier.
Therefore, I'm prepared to pay half the cost of doing it if you pay the other
half. Where will the other half come from? That's all I'm asking.
Vice Mayor Plummer: Commissioner, I can't answer that for you.
Commissioner Dawkins: No further discussion. Move the item, Mr. Mayor.
Mayor Suarez: All right, so moved, CA-17.
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. 91-627
A RESOLUTION REQUESTING THE CITY MANAGER TO INITIATE
AN INVESTIGATION INTO THE CAUSE OF THE SETTLEMENT AND
DISTRESS PROBLEMS OF CERTAIN STRUCTURES IN BAYFRONT
PARK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED, WITH THE FIRM OF BLISS AND NYITRAY,
INC., CONSULTING ENGINEERS, TO ASSIST IN THE
INVESTIGATION OF SAID SETTLEMENT AND DISTRESS PROBLEMS
AND TO RECOMMEND CORRECTIVE MEASURES FOR SAME; AND
AUTHORIZING THE EXPENDITURE IN AN AMOUNT NOT TO EXCEED
$7,500.00 FROM "BAYFRONT PARK REDEVELOPMENT, NORTH END
AND AMPHITHEATER - PHASE II," PROJECT NO. 331302, AS
PAYMENT FOR SAID PROFESSIONAL SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins.
ABSENT: None.
26 September 11, 1991
------------------------------------------------------------------------------
6. ACCEPT GRANT ($25,453) FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES: EMERGENCY MEDICAL SERVICES (EMS) MATCHING GRANT
PROGRAM - EXECUTE AGREEMENTS TO IMPLEMENT CITY'S PROCUREMENT UNDER THE
GRANT PROGRAM OF ONE PART-TIME ACCIDENT AND FIRST AID RESOURCE TEACHER
(subject to availability of funds).
I}
-----------------------------------------------------------------------------
Mayor Suarez: I-em CA-19, Commissioner Alonso, clarification.
Commissioner Alonso: I need some clarification of this item, especially in
is relation to six.
Chief Huddleston: OK, Commissioner. Chief Huddleston, Department of Fire,
Rescue and Inspection Services. This is a continuation of what we did last
— year, Commissioner. It's a new program that we instituted on the train, the
trainer program to the Dade County school system. We have a state grant, a
matching state grant, that provides us with funding for half of a resource
grant teacher to train the teachers throughout Dade County on accident
-` prevention. Very similar to the program that we did many years ago on fire
prevention. And it's been very good to hit the very young elementary school -
age children and teaching them to be conscious of accidents.
Commissioner Alonso: And the portion of the contribution from the part of the
City?
Chief Huddleston: OK, it's $25,000 from the state, and then half, twelve
thousand and some odd dollars, from the general fund for the salary. The
other in -kind part of that $12,000 is portions of other resource teachers that
are helping in the process, so the state would grant us the $12,000 credit, so
to speak, towards that salary. It's not actual money coming from the general
fund other than for other peoples salary working in the public education
section that assists that grant resource teacher.
Commissioner Alonso: OK, so we're not hiring anyone new to provide this
service or anything, people who are already...
Chief Huddleston: No, ma'am, this is people already there and it's a
continuation of last year's.
Commissioner Alonso: OK, thank you.
Commissioner Dawkins: Mr. Mayor, I have one question. I think I read in here
where twenty-five thousand is a grant, half of that would be in in -kind
services - some place I read in here - and 12.9 for one would be for supplies.
I mean, so now you're saying that twelve nine one and 25 will go to salaries,
and twelve five twelve is in -kind of salaries. Where will the money for
supplies come from?
Chief Huddleston: Commissioner, the money that we will pay out of the general
fund for salaries will be the twelve thousand and change.
27 September 11, 1991
Commissioner Dawkins: Right.
Chief Huddleston: And then that, the in -kind will also be salaries that
already exist in the City for those people that will be assisting in that
effort. It's more than a one person show, but the way the grant was
constructed, the in -kind gave us basically credit for half of the twenty-five
that we had to put up. So in hard dollars, it's costing us $12,000 for this
program, for this $50,000 program.
Commissioner Dawkins: Thank you.
Commissioner Alonso: I move...
Mayor Suarez: On CA-19, we have a motion?
Commissioner Alonso: Yes, I so move.
Mayor Suarez: Thank you, Commissioner.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-628
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
$25,453 GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES; EMERGENCY MEDICAL
SERVICES (EMS) MATCHING GRANT PROGRAM AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
AGREEMENTS TO IMPLEMENT THE CITY'S PROCUREMENT UNDER
THE GRANT PROGRAM OF ONE (1) PART-TIME ACCIDENT AND
FIRST AID RESOURCE TEACHER, SUBJECT TO AVAILABILITY OF
FUNDS AND COMPLIANCE WITH APPLICABLE CITY CODE
PROCUREMENT REQUIREMENTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
28 September 11, 1991
t-
t
--N
4
i
j' 7. (A) DIRECT MANAGER TO INVESTIGATE FEASIBILITY OF UTILIZING AFFORDABLE
#! HOUSING TRUST FUNDS FOR DEVELOPMENT OF SINGLE ROOM OCCUPANCY (SRO)
RESIDENTIAL UNITS WITHIN DOWNTOWN MIAMI AREA.
(B) BRIEF DISCUSSION CONCERNING LINKAGE ORDINANCE THAT GOES BEYOND
BRICKELL TO THE REST OF THE CITY, ALLOWING THE CITY TO SPEND
1 MONIES RECEIVED FROM DEVELOPERS TO IMPROVE AFFORDABLE HOUSING AND
THE INFRASTRUCTURE AT DESIGNATED REZONED SITES.
i
4
Mayor Suarez: CA-20, Commissioner Alonso.
Commissioner Alonso: Can I have some clarifications on this, Mr. City
Manager?
Mr. Odio: Yes. What is the question?
Commissioner Alonso: Explain to me how it works.
Mr. Odio: Well, this is an item that came from the Downtown Development
Authority.
Commissioner Alonso: What it will mean to us exactly.
Mr. Odio: It's just to investigate the feasibility of using affordable
housing trust fund monies to generate SRO's facilities...
Commissioner Alonso: In downtown Miami area.
Mr. Odio: ...in the DDA(Downtown Development Authority) area. It came from
them, it's a request that came from them.
Commissioner Alonso: Could you give me a little bit more explanation,
Matthew?
Mr. Matthew Schwartz: Commissioner Alonso, there's approximately $280,000 in
the trust fund that was set up from Brickell Avenue. It's to be used to
support affordable housing in downtown as one of the purposes of this, to
encourage it. And it was the request to have the City look at the possibility
of using some of that funds to use to build SRO's in downtown, which is a
major need. I think the limitations, it has to be used in the Overtown/Park
West area, Brickell, or within a mile of the Brickell area in downtown.
Commissioner Alonso: Will this funds will be able to use to some of the
studies that Brickell wanted to do in the area that, according to the budget,
was not included?
Mr. Schwartz: We have, and I believe further discussion with the Manager's
office, and next month we'd like to bring back to the Commission a request to
use $25,000 of the affordable housing trust fund to do a market analysis for
affordable housing in downtown. As a result of a series of meetings with a
29 September 11, 1991
1
residential committee downtown, it was determined that there needs to be a
market study now that would be a major help to developers to bring banks and
to create additional housing in Brickell. And that's one of the major
concerns of Brickell.
Commissioner Alonso: This is one of the requests that the Brickell Avenue
Association had...
Mr. Schwartz; The $25,000 to do a study of affordable housing. The SRO's is
something that came out of the DDA board, the need for single room occupancy
housing in downtown to see if its...
Commissioner Alonso: OK, I will take care of that.
Mr. Schwartz: ...seed money to help that happen.
Commissioner Alonso: OK, thank you.
Vice Mayor Plummer: Is there a proposed cost on this item itself?
Mr. Schwartz: No, Commissioner, it's just to look at the feasibility if the
City's funds can be used, and it would, the most effective way.
Vice Mayor Plummer: But looking at around City Hall usually costs money. Is
there any money attached to this?
Commissioner Alonso: I was going to say that.
Mr. Schwartz: Not yet.
Vice Mayor Plummer: Not... well, that's the question. So all we're doing is
just giving you the right to look?
Mr. Schwartz: For the City staff to look.
Vice Mayor Plummer: At no cost.
Mr. Schwartz: At no cost.
Commissioner Alonso: Yes. He say he will come back to us.
Mr. Schwartz: And then come back, if it's possible to the Commission to
determine if that's a major priority.
Commissioner Alonso: Thank you. On the...
Vice Mayor Plummer: There's nothing more permanent around City Hall than
something temporary.
Commissioner Dawkins: Mr. Schwartz, while you're up here, I may as well...
Mayor Suarez: Commissioner Dawkins.
30 September 11, 1991
Alk
Commissioner Dawkins: I may as well tell you, I'm looking to defer your
budget this afternoon unless... and I.need to see your Affirmative Action
plan, and your organizational chart and let me see specifically how many black
people you got in your department and I'll be moving to defer your budget.
Vice Mayor Plummer: I thought we were going to delete it.
Commissioner Dawkins: I'll move to delay it, and then he'll delete it, and
I'll second the motion.
Mayor Suarez: It sounds like you'll be back at 5:05, Matthew.
Commissioner Alonso: Thank you. Yes, I move item CA-20.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-629
A RESOLUTION DIRECTING THE CITY MANAGER TO INVESTIGATE
THE FEASIBILITY OF UTILIZING AFFORDABLE HOUSING TRUST
FUNDS FOR THE DEVELOPMENT OF SINGLE ROOM OCCUPANCY
(SRO) RESIDENTIAL UNITS WITHIN THE DOWNTOWN MIAMI
AREA.
(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.
Vice Mayor Plummer: Can I get this out of the way?
Mayor Suarez: Yes, I just wanted to add something to that last item, as long
as we've passed it. Mr. Manager, many many years ago, you'll remember we
tried to look at the possibility of implementing a linkage ordinance beyond
Brickell and to the rest of the City that would allow us to spend monies
obtained from developers for any increases in zoning, any concessions,
31 September 11, 1991
i
etcetera, to improve the affordable housing and the infrastructure in the
vicinity of those rezonings. It's a long story, but ultimately we were told
that it could be done. Basically, the trust fund out of Brickell is the only
successful component of anything like that in the City. Would you please
reactivate our thinking on that and our proposal on that and see if this
Commission cannot take action to implement this fund at a much greater scope
than... You see, you have planners - God bless you, planners. A few of them
do things creatively, the rest try to obstruct development, sometimes for good
reasons, sometimes for not such good reason. And with an Assistant City
Manager who is a planner, and I know special interest in the homeless and
people who are deprived, with Jack Luft back there, I mean, if you would
attend a little bit more to these positive things that we want to try to do
with our development and not to the impeding of development, we would really,
really, really, really appreciate.
Unidentified Speaker: We've got good news.
Mayor Suarez: We have good news, all right.
Mr. Sergio Rodriguez: It's in place. You approved it about one year ago.
Mayor Suarez: You changed it and you modified it to the point...
Mr. Rodriguez: No, you approved it.
Mayor Suarez: ...that you emasculated it to the point that it doesn't have
much of an effect, right?
Mr. Rodriguez: I think the Commission approved it about one year ago under
your leadership.
Mayor Suarez: All right, well would you report back to me, Sergio...
Mr. Rodriguez: Yes, sir.
Mayor Suarez: ...on why it's not producing substantial funds, because you
have not told me of any large trust funds other than the Brickell one.
Mr. Rodriguez: Because there have been not much construction of major
projects, that's basically helping it. But I will report to you, sure.
32 September 11, 1991
------------------------------------------------------------------------------
8. (A) DISCUSSION CONCERNING PROPORTION OF CITY CONTRACTS GIVEN TO NON -
MINORITIES AND NON -LOCAL VENDORS AND ALLEGED NON -HIRING OF
MINORITIES AND LOCAL VENDORS BY CONTRACTORS.
(B) COMMISSIONER DAWKINS REQUESTS THAT AGENDA ITEMS 18 AND 19 BE
DEFERRED IN ANTICIPATION OF MORE BLACK PARTICIPATION.
------------------------------------------------------------------------------
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Yes. Before we move on to other things, I'd just like
to make a comment. If you look at the consent agenda, this is just a word of
caution, we have 8 items in which we are awarding contracts. Most of them are
nonminority, and non -local vendors. I'd like to know the percentage of work
given to minorities and also the percentage of work given to local vendors. I
certainly feel that we should at times, difficult times, we should really work
with the local vendors to help them as much as possible. And for some reason,
we cannot find not even a company to install a fence within the boundaries of
the City of Miami. This is very disturbing to me. Why can't we obtain people
who have their own businesses within the limits of the City of Miami? That's
something that we should really do all in our power to attract these people to
do business with the City of Miami.
Mr. Odio: If you read at CA-9, and I went through that, it's amazing that 20
bidders bid, received the package, and only two send the bids back.
Commissioner Alonso: With all due respect to you, Mr. City Manager, I did
look also into CA-9...
Commissioner Dawkins: What item we discussing?
Commissioner Alonso: ...and I was very surprised. Because when I look and I
drive through the City of Miami and I look at the names in their fences, I see
a local vendor. Why do they work with the private sector and they don't want
to work with us?
Mr. Odio: I don't know.
Commissioner Alonso: If it's something wrong with us, we have to correct
that, whatever it might be. Because I think we have to give opportunity to
our people and create jobs within our community. And I think the way to do it
is by helping the people who have businesses in Miami. And it's something to
really give special consideration. I was delighted to see CA-10. It was the
only item that gave minority and also City of Miami vendor.
Vice Mayor Plummer: Mr. Manager...
Commissioner Dawkins: Along those... sorry, go ahead.
Vice Mayor Plummer: Let me carry it one step further. We were all invited,
and I was there for a short period of time. I think we need to carry that one
step further. It's very nice to have minority contractors to receive and
33
September 11, 1991
0
local people, as you know. I've caught hell many times for sticking with home
folks, but charity starts at home. I was very surprised to learn, and I won't
mention any names, but a minority contractor was selected to do a school board
project. And yet he did not choose to hire local people to assist in that
contract. The laborers union held a rally, and I think, you know, we not only
need to assist the minorities in the contractors, but local people. And I
think we need to insist upon that when the contracts are let, that in some
way, shape, or form, that's fine for the contractor, but let's make damn sure
that they, first and foremost, use local minorities and local people to help
the total economy. I mean, if we help just one businessman and he hires a
hundred people and they're from all out of the City and out of the County, we
haven't done our job as good as what I think that we can do. And I think that
whether the contractor is a minority, as in most cases we are doing here, I
think that we need to go the step further and say to that contractor, you have
been awarded, but we want you to reward the local people by giving first
consideration to local people. So I think that we need to keep that in the
back of our minds to say, hey, you've been lucky, you're going to get a job,
but make sure that the people that you hire, whenever possible, are also local
people.
Commissioner Dawkins: J.L., you're correct and if you will remember, I made
the statement when we gave money to Tacolcy. The Urban League and Tacolcy are
minority, they're black. And the Urban League and Tacolcy, they get money
from the City of Miami. And the Urban League, my good friend, Talmadge Fair,
and Tacolcy have never seen fit to hire one laborer from that labor hall on
62nd Street. And it's less than five blocks either way, from either project.
And I've said it before and I'm going to say it now. If the Urban League and
Tacolcy does not hire local people out of that local union hall, I will not be
voting for any funds for them. That's just one vote. But I think, as J.L.
said, that if these people take City of Miami's tax dollars and do not hire
people within the City of Miami, they should not receive this money. By the
same token, Mr. Mayor, I'm going to... Mr. Manager, I'm going to attempt to
defer 18 and 19. This is the fourth year I've sat here and you bid out all
these tires and I see where two black firms pick up the bid and don't return
it, and for four years nobody can tell me why the black tire companies - and
there's Mencie, there's about four black tire companies out there, so don't
tell me they're not out there - but you're spending $290,000 for tires in one
bid, and getting back to what Commissioner Alonso said... you don't need to
come down till you bring them up 18 and 19. Eighteen, what Commissioner
Alonso said, here is an emergency...
Commissioner Alonso: That's right.
Commissioner Dawkins: ...where the Manager has the prerogative to go and get
a minority, and he goes and purchase the tires from somebody that's on the bid
list. So I'll be bringing that up at 18 and 19, be prepared. Thank you, Mr.
Mayor.
Mayor Suarez: You'd wanted to say something on behalf of the people affected
by that determination? I want to take the opportunity also to mention and to
say how pleased we are to have here today Dr. Joseph Greer from Camillus House
who's done so much for taking care of the health of the homeless.
34 September 11, 1991
9. PERSONAL APPEARANCE: DUKE McBRIDE - THANKS COMMISSION, ON BEHALF OF
CLIENTS AND STAFF OF THE BETTER WAY PROGRAM, FOR THEIR SUPPORT.
Mayor Suarez: Duke, did you want to... Remember, if you want to thank us
about anything, you'd make that very brief.
Mr. Duke McBride: Just briefly. I wanted to give the opportunity for the
clients and staff of the The Better Way program to show their gratitude to
this Commission and the City of Miami.
(APPLAUSE)
Mayor Suarez: Some healthy looking guys there.
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: In the new budget year, we have applications for police and
fire fighter and so on. I can certainly recommend you in that direction.
------------------------------------------------------------------------------
10. RATIFY MANAGER'S ACTIONS IN: (a) MAKING GRANT PROCEEDS ($45,000) FROM
METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT TAX REVENUES AVAILABLE TO
SPECTATORS MANAGEMENT GROUP, INC. (SMG) AS REIMBURSEMENT FOR EXPENSES
INCURRED IN CONNECTION WITH ITS SUPPORT OF THE 1991 FEDERATION
INTERNATIONALE DES SOCIETES D'AVIRON (FISA) REGATTA; AND (b) ACCEPTING
GRANT ($10,000) FROM MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA).
------------------------------------------------------------------------------
Mayor Suarez: Yes, Vice Mayor Plummer.
Vice Mayor Plummer: Mr. Mayor, I have to ratify something. As you know we
had last weekend the International Rowing Regatta at Virginia Key. I'm happy
to tell you that we had almost 3,500 people from all over the world. We had
rowing teams from Germany, from France, from Italy, even from Russia. And
what is that? Twenty-seven different countries were represented. I will be
forwarding, I only have a single copy of the VH, video, and I will forward
'j and ask you to that
� y you to pass it on. But I do have to, according to the
Legal Department, pass the following ratifying resolution, if I may.
THEREUPON, VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
And for your information, there is no conflict of interest. The Manager did
y not row. I so move.
Commissioner Alonso: Second.
Mayor Suarez: But he sure looked... featured prominently in all the pictures
in the paper and on television.
35 September 11, 1991
11
Commissioner De Yurre: I thought that ten thousand from the Sports Authority
is contingent on you voting for the budget this year. Is that what the way
I'm supposed to read?
Vice Mayor Plummer: Nomine patri, fi11e santo.
Commissioner Dawkins: There's another one I'm going to try to defer.
Mayor Suarez: Right, so...
Vice Mayor Plummer: What are we going to do...
Commissioner Dawkins: Sports Authority budget, I want to defer that too.
Vice Mayor Plummer: What do we...
Commissioner Dawkins: I don't like their Affirmative Action either.
Mayor Suarez: OK.
Vice Mayor Plummer: Are we going to take the oars back or...
Mayor Suarez: We have a motion and a second. Any discussion on that motion?
If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-630
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTIONS OF THE CITY MANAGER IN MAKING THE GRANT
PROCEEDS FROM THE METROPOLITAN DADE COUNTY TOURIST
DEVELOPMENT TAX REVENUES AVAILABLE TO SPECTATORS
MANAGEMENT GROUP, INC. ("SMG") IN THE AMOUNT OF
$45,000 AS REIMBURSEMENT FOR EXPENSES INCURRED BY IT
IN CONNECTION WITH ITS PERFORMANCE OF SUPPORT ACTIVITY
REGARDING THE 1991 FEDERATION INTERNATIONALE DES
SOCIETES D'AVIRON (FISA REGATTA), HELD AT THE MIAMI
MARINE STADIUM AUGUST 28 - SEPTEMBER 1, 1991, AND IN
HIS APPLYING FOR AND ACCEPTING A GRANT IN THE AMOUNT
OF $10,000 FROM THE MIAMI SPORTS AND EXHIBITION
AUTHORITY (MSEA) IN CONJUNCTION WITH THE FISA REGATTA;
FURTHER RATIFYING, APPROVING AND CONFIRMING THE DIRECT
TRANSMITTAL AND TRANSFER OF SAID $10,000 FROM THE MSEA
DIRECTLY TO SMG BY WAY OF GRANT FROM THE CITY AT THE
REQUEST OF THE CITY MANAGER TO COVER EXPENSES INCURRED
BY SAID SMG IN ITS UNDERTAKING TO ADMINISTER REQUIRED
SUPPORT ACTIVITY IN CONNECTION WITH THE FISA REGATTA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
36 September 11, 1991
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: I told them, Mr. Mayor, they ought to have one of those
regattas with me as chairman once every 50 years whether they like it or not.
11. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: ASSET TRACKING -
APPROPRIATE $40,000 - AUTHORIZE MANAGER TO ACCEPT GRANT ($40,000) FROM
U.S. DEPARTMENT OF JUSTICE AND TO ENTER INTO NECESSARY CONTRACTS /
AGREEMENTS.
------------------------------------------------------------------------------
Mayor Suarez: Item three.
Commissioner Alonso: Move, accepting...
Mayor Suarez: Moved, item three. Seconded by Vice Mayor Plummer talking out
of turn.
Vice Mayor Plummer: Yes.
Mayor Suarez: Any discussion? If not, please read the ordinance.
Unidentified Speaker: Emergency.
Commissioner Alonso: Everything is emergency today.
Vice Mayor Plummer: Oh, yes. It's the end of the year.
Mayor Suarez: Call the roll, please.
l
i
37 September 11, 1991
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "ASSET TRACKING"; APPROPRIATING
FUNDS FOR ITS OPERATION IN AN AMOUNT NOT TO EXCEED
$40,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT OF $40,000 FROM THE U.S. DEPARTMENT OF JUSTICE
AND TO ENTER INTO THE NECESSARY CONTRACT(S) AND/OR
AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE ACCEPTANCE AND DISBURSEMENT OF THE
AFORESAID MONIES FOR THE COMPENSATION OF PERSONNEL AND
OTHER RELATED COSTS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer, 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 Commissioner Alonso and seconded
by Commissioner Plummer, 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. 10912.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: What is the question, Mr. Mayor? What type of training
for $10,000?
36 September 11, 1991
i
5
Lt. Joseph Longueira: Commissioner, some of the things they're going to do
has to do with financial and tracking real estate properties and ownerships
and things like that. And it deals with narcotics investigations. The
trainings will be in those areas.
Commissioner Dawkins: And they will be training existing police officers.
Lt. Longueira: Yes, the people that work in the narcotics investigations
unit.
Commissioner Dawkins: So we will train people who we will receive the benefit
from.
Lt. Longueira: Yes, sir.
Commissioner Dawkins: Thank you, no further questions.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Item four.
Vice Mayor Plummer: I think, for the record, it should be established the
reason for the emergency.
Mayor Suarez: Yes, please.
Vice Mayor Plummer: On three. On all of these that are emergencies.
Commissioner Alonso: On all of them, as a matter of fact, yes.
Mayor Suarez: I guess I thought it was built into the reading of the
ordinance as you stated, the emergency. But if you want to clarify it, Quinn,
I think it maybe merits further emphasis or Mr. City Manager, on item three,
the reason for the emergency.
Mr. Odio: We had to do that within this year so that we're free to apply
again for next year's after budget from the federal government.
Mayor Suarez: This fiscal year. OK, that's sort of an internal emergency...
Mr. Odio: It is. And in addition to that, if...
Mayor Suarez: ...explanation, but I guess in addition to that, this is an
extremely important matter that needs to...
Mr. Odio: It's extremely important that this money be placed immediately, so
we need to train these officers to pursue narcotics...
Mayor Suarez: Violators...
Mr. Odio: Violators.
Vice Mayor Plummer: Well, let me just go on the record.
39 September 11, 1991
Commissioner Alonso: We are delighted that we don't need much if...
Vice Mayor Plummer: Yes, but just let me go on the record, all right? You
know, I sat around here on a so called sunset committee which I thought, and
still think, was a great committee. But you know, it's amazing how in the
month of September sudden purchase orders are made that it seems like if you
don't spend everything you had in your budget, you will be deleted from the
next year's budget by that amount. One of these days, we're going to get
smart and not accept any purchase orders in the month of August and September.
And I'm going to tell you, our budgets are going to change tremendously. So
only thing I'm saying, Mr. Manager, you sat with me on that sunset committee.
You appointed me to that sunset committee. You created it. I'm just saying
that in September that anything you come with that's an emergency, I'm going
to be looking at with an extremely caustic eye.
Mr. Odio: Well, let me say, this is not a purchase order. This is to receive
funds.
Vice Mayor Plummer: I understand that, sir.
Mr. Odio: Number one, the purchase orders that you're talking about are
sitting in Ron Williams' desk, I hope, and we did not spend them.
Vice Mayor Plummer: OK. Just putting it on the record, Mr. Manager.
-------------------------------------------------------------- ---------------
12. (A) EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED: GEOGRAPHIC TARGETING PROGRAM - APPROPRIATE $75,000 -
AUTHORIZE MANAGER TO ACCEPT GRANT ($75,000) FROM U.S. DEPARTMENT
OF JUSTICE AND TO ENTER INTO NECESSARY CONTRACTS / AGREEMENTS.
(B) VICE MAYOR PLUMMER SUGGESTS COMMISSION SHOULD TALK, IN THE
FUTURE, ABOUT THE POSSIBILITY OF OFFERING CASH REWARDS FOR
TURNING IN DRUG DEALERS.
Mayor Suarez: OK. On item four, the reason for the emergency and then read
the ordinance, please.
A. Quinn Jones, III, Esq.: The reason for the emergency.
Mayor Suarez: On item four, please.
Mr. Jones: OK, the reason stated is that this item is being presented as an
emergency basis in order to comply with the requirement of commencing
operation of program prior to October 1, 191. And in order to permit the City
of apply for additional grant funds for next year.
Commissioner Dawkins: Question, Mr. Mayor. I'm sorry, read the ordinance.
THEREUPON, THE ACTING CITY ATTORNEY READ ORDINANCE 10912 INTO THE
PUBLIC RECORD, BY TITLE ONLY (PRIOR ITEM)
�i
3
40 September 11, 1991
�1
Commissioner Dawkins: Question, Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Vice Mayor Plummer: We've already done that. I said that. We've already
done...
Mr. Jones: I'm sorry.
Mayor Suarez: Four, four is the one we needed read. We had voted on 3. We
retroactively gave the reason for the emergency.
Mr. Jones: OK. The same reason, as stated.
THEREUPON, THE ACTING CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: We need a second on item four. Can we have a second?
Vice Mayor Plummer: I'll second it.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Mr. Mayor, let me just...
Commissioner De Yurre: Second.
Mayor Suarez: Wait.
Commissioner Dawkins: Second.
Mayor Suarez: OK, go ahead, Vice Mayor. And then Commissioner.
Vice Mayor Plummer: Mr. Mayor, once again, I just want to bring to this
Commission's attention, these are monies from basically RICOH (Racketeering
Influence Corruption Organization) and other sting operations and things...
No?
Lt. Joseph Longueira: No, sir, this is grant money under the high intensity
drug trafficking area that we lobbied Washington for.
Vice Mayor Plummer: But isn't this and the other item for the purposes of
training people how to better recover the monies for the City?
Lt. Longueira: Yes, those kinds of things, yes.
Vice Mayor Plummer: OK, the only thing I wanted to remind this Commission -
and there are reasons - but the City of Coral Gables, as small as they are,
have recovered last year near $16 million dollars. We only confiscated about
two or three million?
Lt. Longueira: Well, I know... we have about six million dollars in the
works.
41
September 11, 1991
Vice Mayor Plummer: OK. What I'm just saying is, I think this money is being
well spent. Other communities are doing tremendous amounts of recovery from
these kind of actions. And I'm glad to see that we're going after it now
aggressively and we have federal help in which to do it. So I'm just bringing
that to the forefront.
Commissioner Dawkins: Mr. Manager, the project manager and the assistant
project manager are present employees?
Mr. Odio: Yes, sir, we're not hiring anyone just to handle this.
Commissioner Dawkins: So this is a supplement to their salary, or is this
making up their salary?
Mr. Odio: Making up.
Lt. Longueira: No...
Mr. Odio: It's not a supplement.
Commissioner Dawkins: All right. You got 52 thousand...
Lt. Longueira: No, it's overtime.
Mr. Odio: Oh.
Commissioner Dawkins: You got 52 thousand dollars in overtime, and yet you
only got $1,700 to buy information. Is the information that cheap, or you
only use one informant?
Lt. Longueira: Commissioner, first of all, as far as the money for salaries,
it's for overtime for the officers we currently have.
Commissioner Dawkins: I did not question what you were spending it for. My
question is the disparity between $52,000 in overtime, and the people out
there in the streets who bring you the information for the officers to make
the overtime on, you're paying $1,700. Why?
Lt. Longueira: Commissioner, I'm not sure that that's where that applies. We
have other funds under protracted investigations that pays for informants and
things like that.
Commissioner Dawkins: So this just adds to the pot. To pay informant.
Lt. Longueira: I'd have to get you the exact answer to be sure, but I believe
it adds to the pot.
Commissioner Dawkins: Now, see, here we go. Now, if I defer this, I'm a bad
fellow.
Lt. Longueira: I will get you a satisfactory explanation, sir, if you'll pass
it.
42
September 11, 1991
Commissioner Dawkins: OK, no further questioning, Mr. Mayor.
Mayor Suarez: OK. On four, please call the roll.
Vice Mayor Plummer: You know, I would love to see a fund established to put a
price on these peoples' head.
Mr. Jones: This is number four or five?
Commissioner Alonso: Four.
Commissioner Dawkins: Four. Call the roll, Madam Clerk.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "GEOGRAPHIC TARGETING PROGRAM";
APPROPRIATING FUNDS FOR ITS OPERATION IN AN AMOUNT NOT
TO EXCEED $75,000; AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT OF $75,000 FROM THE U.S. DEPARTMENT
OF JUSTICE AND TO ENTER INTO THE NECESSARY CONTRACT(S)
AND/OR AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE ACCEPTANCE AND DISBURSEMENT OF THE
AFORESAID MONIES FRO THE COMPENSATION OF PERSONNEL AND
OTHER RELATED COSTS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre, 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 Commissioner Plummer and seconded
by Commissioner De Yurre, 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.
43 September 11, 1991
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10913.
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.
Vice Mayor Plummer: Mr. Mayor, let me ask that on the record.
Mayor Suarez: Vice Mayor.
Vice Mayor Plummer: Joe, is there a way that we can establish a fund in which
we pay people to turn drug dealers in? I think it would be an interesting...
ive some thought to it and we'll get together on it. What happens if we put
1,000 reward for anybody that turns in a drug dealer in which we confiscate
ten kilos or more?
Lt. Joseph Longueira: Well, in a way we...
Vice Mayor Plummer: Or five kilos?
Lt. Longueira: In a way we do that through the confidential informant
process.
Vice Mayor Plummer: But let it be known that if, in fact, you turn in a drug
dealer with "X" number of more of kilos, that we will give you a $1,000
reward. I'll tell you something, rewards bring out the best and the worst in
people. And I think it might be interesting, Mr. Mayor, if we come up with a
concept.
Commissioner Alonso: And it will help our neighborhoods...
Vice Mayor Plummer: Let me tell you... you know, right, Mr. Mayor, behind
Central Shopping Center, very inconspicuous house, because of a fight among
two drug dealers just recently, you would have... I went by this house, you
would have never believed in a single family residence, of the activity that
was going on and I think we confiscated 33 kilos. Joe, I tell you, let's you
and I talk about it. But I think that my colleagues here, if we established a
$50,000 fund, and anybody that turns in to the Miami Police Department someone
in excess of whatever you determine, kilos, we'll give them a $1,000 reward.
I think that it might bring some damn good positive results.
Lt. Longueira: OK, we'll follow it up, sir.
Vice Mayor Plummer: I sure don't know of any negative. Thank you, Mr. Mayor.
Mayor Suarez: And it's not all that different from the notorious cases where
somebody is killed, a police officer, and a bounty is set up for information
leading to the arrest and conviction. And I think if you characterize it that
way, the article that is now being written on this by Mr. Goldfarb maybe will
have a little bit more of a positive tone to it.
Commissioner Alonso: Something that I have a lot of problems understanding
a is, for example, in cases in neighborhoods and the City Manager, the
I
$' 44 September 11, 1991
Commission, we all have been involved in one case in which a family owns the
house and they've been trafficking with drugs for a long, long time. They not
only are doing this, but they are threatening the lives of the neighbors.
They physically attack several people in the neighborhood. It has happened
about, more than five occasions, that we know, specific cases, and still they
go to court, they are released. The RICO Act is not enforced. Why... they
have taken in many occasions all kinds of drugs, possession of drugs, within
the property, from the owner. Why don't they apply the RICO Act in cases like
that? And take the property away from them?
Lt. Longueira: Commissioner, I don't know on that specific case. If I could
follow up with you and get specifics, I'll find out.
Commissioner Alonso: I'll give you the details, and the City Manager can
provide to you all the information he has. He knows exactly what I'm talking
about.
Vice Mayor Plummer: I'll give you another one. A man called me this week,
last week, I turned him over to the Legal Department. He owns properties and
those properties have been used for drug deals and he knows it, and he has
tried every way in the world to go on record that he wants those people out.
He can't get them out, and he's concerned that some day that the Police
Department is going to say, hey, we're taking your property. And he's not law
enforcement, he can't go in there and arrest those people. But yet he owns
the property, he tries to get these people out, and he can't get them out.
Something is wrong in that scenario, Joe. But... somebody in the Police
Department is working with him at this time.
Lt. Longueira: Yes, we...
Vice Mayor Plummer: Because I told him, at least get on the record that
you're doing everything humanly possible to try to get these people out of
property that you own so that if the day comes that somebody says, hey, we're
going to take your property because you've got drug dealing, he's done
everything he can. And he's concerned.
------------------------------------------------------------------------------
13. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: HOMELESS
PROJECT - APPROPRIATE $90,000 ($75,000 LOAN FROM DOWNTOWN DEVELOPMENT
AUTHORITY AND $15,000 DONATION BY "RESOLVE" - AUTHORIZE MANAGER TO
EXECUTE LOAN AGREEMENT, PROMISSORY NOTE, AND ANY NECESSARY AGREEMENTS
WITH RESOLVE - ALLOCATE $75,000 FROM SAID FUND TO COMMUNITY HOMELESS
ASSISTANCE FUND, INC., AND $15,000 TO THE CITY AS REIMBURSEMENT FOR ITS
DIRECT COSTS.
Mayor Suarez: All right. Item five.
Vice Mayor Plummer: Move it.
Mayor Suarez: Establishing a special revenue funds.
45
September 11, 1991
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded.
Mr. Sergio Rodriguez: We need four votes.
Mayor Suarez: OK. Let me say, for the record, if I may, while we await a
couple of Commissioners should walk in, at least one.
Vice Mayor Plummer: We got three. Oh, it's four.
Mayor Suarez: Yes. That it is my intention, Vice Mayor Plummer, Commissioner
Alonso, to send a letter which you see me drafting here, clarifying that there
are no policy making boards on the issue of the homeless that bind this
Commission or the City of Miami out there. And that have the sanction of the
City of Miami, and just emphatically clarifying that in case anybody thinks
that otherwise. I certainly do not serve on any policy making boards other
than this Commission. This is my policy making board here. And don't suggest
staff or expenditures other than those that are clearly directed at helping
the homeless. And take our input from the nonprofit agencies, from RESOLVE,
from Homeless Coalition, from people who are out there in the field actually
getting something done, needless to say, from Dr. Greer. And not from self
proclaimed advocates of the homeless that are going around trying to profess
to be policy making in any capacity whatsoever. And I understand the Manager
also has not served on any such policy making boards. Is that a fair
statement?
Mr. Odio: That's right, I've never been in a meeting. I don't know what they
do...
Mayor Suarez: All right. With that clarification, we have four
Commissioners. I'll entertain a motion on this item. I think we have it,
right?
Vice Mayor Plummer: Move it.
Commissioner Alonso: We are... second.
Mayor Suarez: Seconded. State the nature of the emergency. I guess it's
self-evident in this case. Emergency as to the homeless situation on the
expressways including health, safety, etcetera, and even law enforcement. OK,
read the ordinance.
THEREUPON, THE ACTING CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Vice Mayor Plummer: How is it intended that this promissory note will be
paid?
Mr. Rodriguez: To the DDA (Downtown Development Authority). They will be
paid in 1992 on November 1st.
Vice Mayor Plummer: By who?
46
September 11, 1991
2
El
Mr. Rodriguez: By the City.
Vice Mayor Plummer: I assume then you're saying is, that the City doesn't
have $15,000 at this time.
Mr. Rodriguez: No, seventy-five thousand.
Vice Mayor Plummer: The City doesn't have $75,000 at this time.
Mr. Rodriguez: Well, you chose as a Commission last time, to do it this way.
We will find funds between now and the time we have to pay, to pay for that.
Mayor Suarez: We're at the end of the fiscal year.
Vice Mayor Plummer: Let me just say this. I've said it before, and I'm going
to say it again. I don't know of a more important issue to downtown Miami
than the resolve of RESOLVE. OK? I went downtown yesterday, and as I walked
around, the homeless problem to every merchant that I talked to or who grabbed
me, is uppermost in their mind. Now, why is it that the DDA, which is there
to serve the downtown, have to be reimbursed by this City that they can't use
their own funds?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: No, I'm just... I'm, you know, what more important could
their funds be used for? -than this project which, to me... You know, I told
Matthew Schwartz this morning. I said, Matthew, this City and you better...
he's here and I'm just repeating what I told him. Downtown Development
Authority better be just as concerned about finding new businesses for
downtown as they should be concerned for keeping what we've got. There are
people that are going out of business downtown simply because of the problem
existing. They can't survive. And I don't know why the DDA that has taxing
ability as we do, can eliminate some sidewalk programs and a couple of trees
to address what I think is the number one problem. What better could their
funds be spent for? And I'm going to seriously question whether or not this
City should reimburse them for monies which I feel should be dedicated. If
anything, they should be putting out $75,000 and this City should be putting
out an additional fund of whatever we can afford. But I'm just... we need to
all go downtown and walk around downtown and see what is existing down there
today. It is absolutely, absolutely should be the number one priority of the
DDA. I'll vote for this item because it's going to get the money pumped in
immediately. But I want to tell you something, I'm going to question paying
it back to the DDA.
Joel Maxwell, Esq.: Commissioner, Mr. Mayor, if I may respond, I can give you
some information on that. Back in July, the City Commission passed a motion
asking DDA to loan them the money, and that's how it happens that this item is
before you as a loan payback item.
Vice Mayor Plummer: As the spider says, I've now got you in my web. OK?
Mr. Maxwell: Well, the contract does have a provision that allows the DDA to
extend payment.
47 September 11, 1991
•
0
Mayor Suarez: All right, on the item. Yes, Commissioner Alonso.
Commissioner Alonso: Yes. Sergio, you said it's going to be paid when? -'92?
Mr. Rodriguez: The City is supposed to pay back to the DDA on November 1st of
1992.
Commissioner Alonso: November 1st, 1992. I see. I'm so concerned about the
budget 192-193. Everything it's going to do to that budget for some reason.
OK, thank you.
Mayor Suarez: I guess when we're getting to the end of this one. Al
right...
Commissioner Alonso: Well, I don't know where we are going to get the money.
Everything... I read the budget and everything is...
Vice Mayor Plummer: I would like to...
Commissioner Alonso: ...I don't know why 193 seems the year that everyone
wants to throw everything to that time.
Vice Mayor Plummer: Can I make an amendment to the ordinance?
Mayor Suarez: Oh, you said 193?
Commissioner Alonso: No, he's saying November of '92, so very conveniently
it's going to be...
Mayor Suarez: That would end up in 193.
Commissioner Alonso: That's right.
Mr. Odio: October 1st we have 192 budget.
Mayor Suarez: Right, that's what I want to clarify.
Mr. Odio: It's the one we're talking about.
Mayor Suarez: It's the 191-192 budget, October 1st.
Mr. Odio: It's 192 budget. We are in....
Vice Mayor Plummer: I would like to amend that...
Mayor Suarez: Yes...
Commissioner Alonso: Exactly, that's I'm referring to.
Vice Mayor Plummer: I would like to amend that ordinance to read that that
monies is not to be paid back until this Commission approves.
Mayor Suarez: All right.
48 September 11, 1991
Mr. Maxwell: There's a problem with doing that, sir.
Vice Mayor Plummer: Why?
Mr. Maxwell: The problem is that there is a promissory note. In addition to
the promissory note, there is a loan agreement that the DDA directed be
Mayor Suarez: Mr. Vice Mayor, may I suggest that whatever mechanism you want
to implement can be done very effectively today as we approve the DDA budget.
And you can change anything. I mean, you can...
Vice Mayor Plummer: You know... OK, let me ask a dumb question. Dumb if you
don't know the answer. One governmental agency to another. Why...
Mayor Suarez: The whole thing sounds unnecessary to me.
Vice Mayor Plummer: Why a promissory note?
Mayor Suarez: Particularly when we have to approve the DDA budget.
Vice Mayor Plummer: Matthew doesn't trust us? Is that what the problem is,
is they're asking for a promis....
Mayor Suarez: No, no, no, wait a minute, wait a minute. I think this is not
a policy issue. I think this was at the request of our eminent City Attorney
sitting there who tends to cross all the is and dot all the i's...
Vice Mayor Plummer: Why a promissory...
Mayor Suarez: ...a little more than I would like to see them done.
Mr. Maxwell: Do you want me to respond Mr. Mayor?
Mayor Suarez: No.
Mr. Maxwell: OK.
Mayor Suarez: Let's move on. Mr. City...
Commissioner Alonso: Take a vote.
Mayor Suarez: I assure you, Mr. Vice Mayor, that the DDA did not make these
requests as a matter of policy. And the board, the board wants to work with
the City on this issue, and it sounds like an eminently good suggestion that
we not formalize it. Unless it has to be done, Mr. City Attorney. Now is
where you come in. Does it have to be done this way?
Mr. Maxwell: I'm not sure I understand the question. Which way?
Mayor Suarez: Does it have to be done with a promissory note, etcetera?
Mr. Maxwell: I believe so, sir, and I'll tell you why.
49 September 11, 1991
Mayor Suarez: I was
afraid you were going to say that.
Mr. Maxwell: The answer
is yes.
i
Vice Mayor Plummer:
If we get another attorney, could we get another answer?
Mr. Maxwell: There's
no reason why, if you adopt this ordinance today, the
{}
DDA couldn't, as a
matter of policy, decide to amend the terms of the
agreement at a later
date if they want to.
Vice Mayor Plummer:
You mean, if we don't approve their budget, that means
that they would be glad
to waive that promissory note?
Commissioner Alonso:
That is a very friendly way to...
}4
Vice Mayor Plummer:
That's a friendly way, yes, I like that. Yes. We always
want to be friendly.
We cut your throat with a smile.
Mr. Maxwell: Their
budget is before you today, of course. And it will
!j
J
1.
require DDA action.
j
Mayor Suarez: Isn't
that coincidental and fortuitous? Yes, yes.
Vice Mayor Plummer:
Isn't that surprising?
'
i
Mayor Suarez: All right. On the item at hand, we have a motion and a second.
Any discussion? Did
we read the ordinance?
Mr. Maxwell: It's been read.
Ms. Hirai: Yes, sir.
Mayor Suarez: Call the roll.
50 September 11, 1991
D
a
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE, WITH ATTACHMENTS, ESTABLISHING
A NEW SPECIAL REVENUE FUND ENTITLED "HOMELESS PROJECT"
AND APPROPRIATING RESOURCES TO SAID FUND IN THE AMOUNT
OF NINETY THOUSAND DOLLARS ($90,000) CONSISTING OF A
SEVENTY-FIVE THOUSAND DOLLAR ($75,000) LOAN FROM THE
DOWNTOWN DEVELOPMENT AUTHORITY AND A FIFTEEN THOUSAND
DOLLARS ($15,000) DONATION BY "RESOLVE" TO COVER
DIRECT COSTS OF THE CITY INCURRED AS A RESULT OF
PROVISION OF THE NECESSARY FACILITIES TO ASSIST
HOMELESS PERSONS; ALSO AUTHORIZING THE CITY MANAGER TO
EXECUTE A LOAN AGREEMENT AND PROMISSORY NOTE, IN
SUBSTANTIALLY THE ATTACHED FORMS, TO SECURE SAID LOAN
PROCEEDS; AND ALSO TO EXECUTE ANY NECESSARY AGREEMENTS
WITH RESOLVE FOR THEIR CONTRIBUTION, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER ALLOCATING AN
AMOUNT NOT TO EXCEED $75,000 FROM SAID FUND TO
COMMUNITY HOMELESS ASSISTANCE FUND, INC., AND $15,000
TO THE CITY AS REIMBURSEMENT FOR ITS DIRECT COSTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES:
NOES:
ABSENT:
Commissioner
Commissioner
Commissioner
Vice Mayor J.
Mayor Xavier
None.
None.
Victor De Yurre
Miller J. Dawkins
Miriam Alonso
L. Plummer, Jr.
L. Suarez
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10914.
51
September 11, 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: With the objections of a promissory note, I vote yes.
I'm not sure about the second roll call.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Doctor, did you want to say anything?
Dr. Pedro Greer: Yes, I'm Pedro Greer from Camillus House. I just want to
thank the Mayor for his leadership and the City Commissioners for their
leadership in addressing the homeless issue down here. And particularly, I
want to thank the committee that has been made up of all the people from the
community working together, which is an unusual event in this community, and
success in that and particularly Fran Esposito and all the people that have
actually been working under there with the case workers, and have been able to
place 250 cases. That includes more than 250 people, these are families with
children, with follow-up and being taken care of in alcohol drug rehab which
is a minority. And also in showing that Miami can be a leader in this country
in addressing the problem of the homeless as opposed to other cities and the
way that they are doing it. And I would also like to thank the City Manager
and Sergio, in particular. Thank you.
Mayor Suarez: And the homeless coordinator back there I see. Please look on
her face.
Vice Mayor Plummer: And Dr. Greer, would you quit brainwashing your neighbor
to brainwash me.
Dr. Greer: I can't... that's my wife.
Vice Mayor Plummer: He lives next door to Maria Christina.
Mayor Suarez: The brainwashing is working real welt. There's another
neighbor on the other side of the street that brainwashes me too.
Vice Mayor Plummer: Yes, yes, well, you know...
Mayor Suarez: The whole thing works out real well.
Vice Mayor Plummer: That's right. His...
Mayor Suarez: And he does my accounting too. So, the whole thing is
incestuous over there.
52 September 11, 1991
14. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: EMS FIRST
AID RESOURCE TRAINING (FY 192) - APPROPRIATE $25,453 IN FORM OF GRANT
FROM STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,
AND A LIKE AMOUNT AS FOLLOWS: $12,941 FROM FY 191-92 GENERAL FUND:
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES; AND $12,512 IN -KIND
MATCH OF SALARIES, FOR A TOTAL APPROPRIATION OF $50,906.
Mayor Suarez: All right, item six.
Vice Mayor Plummer: Six. Move it.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded. Any discussion on item six? If not,
please read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMS FIRST AID RESOURCE TRAINING (FY 192)11;
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
I AMOUNT OF $25,453, IN THE FORM OF A GRANT FROM THE
STATE OF FLORIDA, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES; AND A LIKE AMOUNT AS FOLLOWS:
$12,941 FROM FY'91-'92 GENERAL FUND; DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES; AND $12,512 IN -
KIND MATCH OF SALARIES; FOR A TOTAL APPROPRIATION OF
$50,906; CONTAINING A REPEALER PROVISION AND A
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.
i
53 September 11, 1991
15. FIRST READING ORDINANCE: AMEND 10202, BY INCREASING APPROPRIATIONS
($50,000) TO SPECIAL REVENUE FUND ENTITLED: HANDICAPPED DIVISION FUND-
RAISING PROGRAM - MONIES GENERATED THROUGH FUND-RAISING EFFORTS OF CITY'S
HANDICAPPED DIVISION, AND PRIVATE DONATIONS.
Vice Mayor Plummer: Move seven.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded.
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
Any discussion? If not, please read the
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10202, ADOPTED JANUARY 8, 1986, AS AMENDED, BY
INCREASING APPROPRIATIONS TO THE SPECIAL REVENUE FUND
ENTITLED: "HANDICAPPED DIVISION FUND RAISING PROGRAM"
BY $50,000, COMPOSED OF MONIES GENERATED THROUGH FUND-
RAISING EFFORTS OF THE CITY OF MIAMI'S HANDICAPPED
DIVISION AND PRIVATE DONATIONS; 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.
54
September 11, 1991
n
0
------------------------------------------------------------------------------
16. FIRST READING ORDINANCE: AMEND CODE SECTION 53-118 (RENTAL RATES AND
ASSOCIATED CHARGES AND CONDITIONS AT MIAMI MARINE STADIUM) - (a) CHANGE
CLASSIFICATION OF EVENTS UPON WHICH STADIUM USES CHARGES ARE BASED AND
INCREASE CHARGES; (b) INCLUDE COSTS OF POLICE DEPARTMENT PERSONNEL AS AN
EVENT COST PAYABLE BY EVENT SPONSORS; (c) INCREASE USER FEE FOR STADIUM
PARKING LOT; AND (d) INCREASE PERCENTAGE OF EXTRA COMPLIMENTARY ADMISSION
TICKETS ISSUED BY EVENT SPONSORS BASED ON TOTAL NUMBER OF EVENT TICKETS
SOLD (See label 18).
-------------------------------------------------------------------------------
Mayor Suarez: Item eight.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion on item 8? If not, please read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 53-118 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH PERTAINS
TO RENTAL RATES AND ASSOCIATED CHARGES AND CONDITIONS
AT THE MIAMI MARINE STADIUM BY CHANGING THE
CLASSIFICATION OF EVENTS UPON WHICH STADIUM USE
CHARGES ARE BASED AND INCREASING SAID CHARGES; BY
INCLUDING THE COSTS OF POLICE DEPARTMENT PERSONNEL AS
AN EVENT COST PAYABLE BY EVENT SPONSORS; BY INCREASING
THE USER FEE FOR THE STADIUM PARKING LOT AND BY
INCREASING THE PERCENTAGE OF EXTRA COMPLIMENTARY
ADMISSION TICKETS WHICH MAY BE ISSUED BY EVENT
SPONSORS BASED ON THE TOTAL NUMBER OF EVENT TICKETS
SOLD; 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.
55 September 11, 1991
a 0
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
17. FIRST READING ORDINANCE: AMEND CODE SECTION 2-13 (ORDER OF BUSINESS AND
RULES OF PROCEDURE) - PROVIDE THAT ANY CITIZEN IS ENTITLED TO BE PLACED
ON REGULAR COMMISSION MEETING AGENDAS FOR PRESENTATIONS - RESTRICT
CITIZENS' OPPORTUNITIES TO ADDRESS COMMISSION ON MATTERS WHICH ARE NOT
EXPRESSLY SCHEDULED FOR PUBLIC HEARING OR DISCUSSION - PROVIDE THAT
SPEAKERS ADDRESSING COMMISSION BE LIMITED TO TWO MINUTES - ESTABLISH RULE
THAT THE CONSENT AGENDA ITEMS BE SCHEDULED AMONG INITIAL ITEMS, AND THAT
PUBLIC HEARINGS, PERSONAL APPEARANCES AND PUBLIC DISCUSSION BE SCHEDULED
NO EARLIER THAN 4:00 P.M.
------------------------------------------------------------------------------
Mayor Suarez: Very important, number 9. I hope you all focus on number 9 as a
way to...
Vice Mayor Plummer: The Mayor's relief bill.
Commissioner Alonso: Even though it has some wording here that has me
concerned.
Commissioner Dawkins: Move it.
Mayor Suarez: Such as, Commissioner Alonso? Moved, and we'll take that to be
a second for discussion.
Commissioner Alonso: And I know exactly the reason why they're trying to pass
this, but...
Vice Mayor Plummer: To cut our meetings short.
Mayor Suarez: It's not directed at any one individual. The Constitution
prohibits that.
Commissioner Alonso: Believe me, restricting a citizen's opportunity to
address the Commission on those matters which are not expressly scheduled for
public hearing or public discussion. Even though...
Mayor Suarez: Now, at the request of a Comm...
Commissioner Alonso: ... it's a very high price that we have to pay. And,
indeed, we are paying. It has me concerned, and I don't believe that this
Commission will ever do anything to prohibit a citizen to stand in front of us
and give an opinion. But what about in the future if some other individuals
get
56 September 11, 1991
here and decide that they are going to apply the rule and it is not a public
hearing? - what will happen? It bothers me the...
Mayor Suarez: Do we have a way ourselves, a way around this procedurally
to...?
Commissioner Alonso: What else can we...?
Vice Mayor Plummer: You are saying for non -agenda items?
Commissioner Alonso: Yes. But sometimes it is important to that person. And
I am sure that this Commission will not do so and I am sure the Mayor will not
do it. But what if in the future if someone like to take that and use it? -
and they have the power. It bothers me. It's a high price to pay, but should
we go ahead with this?
Vice Mayor Plummer: Madam...
Mayor Suarez: I think we have a practice of...
Vice Mayor Plummer: ... we have a policy.
Mayor Suarez: Of personal privilege to any Commission.
Vice Mayor Plummer: Now, we haven't really been adhering to it, but I think
the downside we have to remember is that people that have agenda items that in
many cases are sent home at nine o'clock because we put non agenda items and
allow them to speak. Now, the policy that we had before was that any non
agenda item would be taken up at the end of the day if time permitted, so that
those people who were here on regularly scheduled agenda items would not be
inconvenienced.
Commissioner Alonso: But I am not sure that's what we are saying here, and
perhaps, the City Attorney can give to us... it says "expressly scheduled for
public hearing or public discussion." But stil', it might be important that a
citizen needs to express complaint, a feeling, some sentiment about that.
What will you do?
Mayor Suarez: Would you explain the procedure if we wanted to go outside of
this and allow...?
Commissioner Alonso: We say... we turn them down and say, no?
Vice Mayor Plummer: Are you saying for more than the two minutes? Is that
your concern?
Commissioner Alonso: No. I am saying if the person is given two minutes,
it's fine. But what we are saying here is that we are placing an additional
restriction and it bothers me. And I understand, believe me, we are having a
problem, we are all aware of what's happening and the reason why this is in
front of us.
57 September 11, 1991
Mr. Robert Clark: Basically, Dr. Alonso, what this does is identify
administrative items by way of all these procurement items which are not
really in need of public discussion. If there is a citizen who wants to
complain or present his view, he will be placed on the agenda and you will
have every opportunity to hear him. What this does is bring...
Commissioner Alonso: After the fact?
Mr. Clark: It could be after the fact, yes, ma'am - on these items. Now, if
a Commission - this agenda is printed five days before hand. If they are
aware of any item, I am sure that either the City Manager or any one of you
five would have no problem and you do it constantly, pulling an item for
separate consideration, and at that point, you would request that citizen to
come forward and he would come forward - the chair person and the Major has
agreed. You have every right to let anyone speak. But what this does is make
sure that on items where there apparently is no controversy - the whole
consent agenda is there because it's a lack of controversy, everything is
garden variety.
Commissioner Alonso: I have to disagree with you. I recall specifically, the
first Commission meeting that I came here as a Commissioner, I remember that I
found several items that were very controversial to me as a Commissioner, let
alone the general public. For example, it was in included in that agenda, I
will never forget, the purchase by the City of Miami of a piece of land and
the neighborhood was not informed. I pulled the item and as a result of that,
the City of Miami never went on with the purchase of the property. It was
very controversial, the general public did not have an opportunity to voice
their opinions. Let's say that's the case, what will happen? What if they
don't know the process? What if they don't know that they have the right,
five days before, get the agenda, all of this process? What I am saying is,
it's a word of caution. If we can do it some other way, not to be as
restrictive, not because of us necessarily, people in the future. At least, I
am bothered by the wording. I would have to vote no.
Mr. Clark: Dr. Alonso, the consent agenda right now requires the Mayor to
invite anyone on any item and he numbers those items and gives them every
opportunity to speak. If you look at your agenda right now, there is this
quoted quotation, and that has to be stated and...
Commissioner Alonso: Well tell me what will be then, the example? What good
will it do then to change the purpose of what this Commission trying to do?
We are addressing one specific case and if what you're saying is true, it will
not prevent them from doing so. Will the Mayor then have the power to tell
that individual, no, you cannot interrupt every single item.
Mr. Clark: The citizen will have...
Commissioner Alonso: What good will it do? - because you are telling me, it's
SO.
Mr. Clark: For one thing, it identifies the item as a public hearing... every
ordinance is a public hearing and that we even publish an ad and tell anyone
who wants to come and talk, please do so. Every ordinance that we adopt by
law has a public advertisement ten days before the second reading that they
58 September 11, 1991
have every right to appear and be heard. That is State law and this ordinance
will protect that right. The big thing about this is that you will be able if
you adopt this, to identify certain items where you want to have the
Commission... that you want to have the administration, the Fire Department,
the Police Department come up and straighten something out and you don't
expect the need for any public input. If you do want to have public input,
then you schedule it for the discussion... public discussion and every
citizen. All this does is bring a little order. If you examine it and I will
go over it with you at any time that you have a particular item, because it
does bring some order out of it and it will allow citizens and it will tell
them that they have every right. There is a memorandum that tells you that
you're going to have to change your agenda, you're going to tell the citizens
that they have... you're going to have to... actually, it does introduce the
two minutes that the Mayor has been using and right now, the code says, ten,
but we are going to legitimize the two minute period of time.
Vice Mayor Plummer: Is it true that the Mayor wanted twenty years of hard
labor and a thousand dollar fine per minute applied to this?
Mayor Suarez: I had thought that frankly, and I see the look of disbelief in
Commissioner De Yurre's eyes too that the period of time was two minutes and
that you reminded me a few months ago that it was ten minutes in the code. So
any citizen conceivably, would have ten minutes and this would... changes
that, right?
Mr. Clark: That's right.
Mayor Suarez: Unless we specifically want them to go longer...
Mr. Clark: Correct.
Mayor Suarez: ... or the presentation merits more.
Mr. Clark: Correct.
Mayor Suarez: All
right, anything further on the ordinance?
Vice Mayor Plummer: Well, this is first reading.
I think the concerns
of
Commissioner Alonso
and others should be thought out
before second reading
but
let's at least get
it in the works.
Mayor Suarez: Yes.
And if there is any implication
on the part of anyone,
or
concern on the part
of anyone that this seeks
to or has the effect
of
prohibiting public
input, I would have no problem
if certainly the vote
was
changed from first
reading to second reading. It should
not have that effect
and if it does, we
should all change our votes, not
just any one of us.
Vice Mayor Plummer: I'll move it on first reading.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
59 September 11, 1991
1
Mayor Suarez: Any further discussion? If not, please read the ordinance.
Call the roll, please.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: Isn't this basically what we have? - that for example,
the School Board, like if you want to speak, you have to sign up with you
know, not at the moment but you have to sign up and give your name, like for
budget hearing and things of that nature? Don't they have that?
Mayor Suarez: They have that, the School Board and the County.
Commissioner Alonso: They have to sign but it's not the same.
Commissioner De Yurre: But what is the difference? Bob, do you know anything
about that procedure at the School Board level and the County level?
Mr. Clark: I am aware of having seen them on television how they handle it
but this agenda, printed agenda, tells anyone who wishes to address the
Commission to go over to the City Clerk, give them their name and then when
the item is called to please stand up and be recognized by the chair person.
So 1n effect, we do have that being followed - not by this ordinance, just as
a matter of practice. What this does is delineate that distinction when a
person wants to be placed on the agenda and when a person wants to get up and
speak.
Mayor Suarez: On being placed on the agenda, do they still retain the ability
if they give notice with more than - what is it, five days or ten days on the
existing code?
Mr. Clark: The existing code...the charter bill of rights of Dade County
requires that they be given an opportunity, and I think they use the phrase
"in the due order of business."
Mayor Suarez: Well, we have in our charter a code, a provision for written
request to be... to appear before our Commission. That's not being changed by
this, I presume?
Mr. Clark: No.
Mayor Suarez: OK.
Mr. Clark: If anything, it confirms it.
Mayor Suarez: But ad hoc, if the person comes in and request from the City
Clerk to be heard on any item that is an item of public hearing, they can
still do that?
Mr. Clark: Yes, sir.
60 September 11, 1991
Mayor Suarez: Any further discussion? If not, please read the ordinance.
Call the roll, please.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: Isn't this basically what we have? - that for example,
the School Board, like if you want to speak, you have to sign up with you
know, not at the moment but you have to sign up and give your name, like for
budget hearing and things of that nature? Don't they have that?
Mayor Suarez: They have that, the School Board and the County.
Commissioner Alonso: They have to sign but it's not the same.
Commissioner De Yurre: But what is the difference? Bob, do you know anything
about that procedure at the School Board level and the County level?
Mr. Clark: I am aware of having seen them on television how they handle it
but this agenda, printed agenda, tells anyone who wishes to address the
Commission to go over to the City Clerk, give them their name and then when
the item is called to please stand up and be recognized by the chair person.
So 1n effect, we do have that being followed - not by this ordinance, just as
a matter of practice. What this does is delineate that distinction when a
person wants to be placed on the agenda and when a person wants to get up and
speak.
Mayor Suarez: On being placed on the agenda, do they still retain the ability
if they give notice with more than - what is it, five days or ten days on the
existing code?
Mr. Clark: The existing code...the charter bill of rights of Dade County
requires that they be given an opportunity, and I think they use the phrase
"in the due order of business."
Mayor Suarez: Well, we have in our charter a code, a provision for written
request to be... to appear before our Commission. That's not being changed by
this, I presume?
Mr. Clark: No.
Mayor Suarez: OK.
Mr. Clark: If anything, it confirms it.
Mayor Suarez: But ad hoc, if the person comes in and request from the City
Clerk to be heard on any item that is an item of public hearing, they can
still do that?
Mr. Clark: Yes, sir.
60 September 11, 1991
Commissioner De Yurre: What it does, is it takes away the spontaneity of just
getting up and...
Mayor Suarez: On any item that's not schedule to be a public hearing they
can't just... unless...
Mr. Clark: Correct. Then the distinction is they don't have that opportunity
as of a matter of right, as a matter of law. It is a matter to be recognized.
It's a privilege on the part of the Commission to extend the courtesy of being
heard by the chairperson and this is a rule that you follow among yourselves.
It's just courtesy more than anything else.
Commissioner De Yurre: OK. So, the bottom line is that everybody will retain
the right to speak if they do it in the proper fashion?
Mr. Clark: That's correct. Insofar as that right to speak, it's automatic on
every public hearing where you have a four -fifths vote and an advertisement.
It's automatic on every ordinance, it's automatic on the consent agenda, it's
automatic any time that you schedule a public discussion, any other item, then
they have to get up, raise their hand and presumably, be recognized by the
chairperson. But that's necessary for any deliberative body.
Commissioner De Yurre: OK. Thank you.
Mayor Suarez: OK. Call the roll on it. We can perfect it or clarify it on
second reading if anybody is concerned with it.
61 September 11, 1991
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-13, ENTITLED "ORDER OF
BUSINESS AND RULES OF PROCEDURE", OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY EXPRESSLY
PROVIDING THAT ANY CITIZEN IS ENTITLED, AS OF RIGHT,
TO BE PLACED ON THE REGULAR CITY COMMISSION MEETING
AGENDA FOR THE PRESENTATION OF INFORMATION AND
MATERIAL TO BE CONSIDERED BY THE COMMISSION; ALSO
PROVIDING THAT THE CITY ATTORNEY AND THE CITY CLERK
MAY PLACE ITEMS ON THE COMMISSION AGENDA WHICH AGENDA
IS TO BE PREPARED BY THE CITY MANAGER IN A FORM
APPROVED BY THE CITY COMMISSION; FURTHER RESTRICTING A
CITIZEN'S OPPORTUNITY TO ADDRESS THE COMMISSION ON
THOSE MATTERS WHICH ARE NOT EXPRESSLY SCHEDULED FOR
PUBLIC HEARING OR PUBLIC DISCUSSION; DECLARING THAT
EXCEPT FOR SCHEDULED PUBLIC HEARINGS AND FOR THOSE
MATTERS UPON WHICH PUBLIC DISCUSSION IS SCHEDULED, NO
CITIZEN IS ENTITLED, AS OF RIGHT, TO SPEAK ON ANY
AGENDA ITEM WHICH IS BEFORE THE COMMISSION; PROVIDING
THAT SPEAKERS ADDRESSING THE CITY COMMISSION BE
LIMITED TO TWO (2) MINUTES UNLESS SUCH TIME IS
EXTENDED BY THE COMMISSION CHAIRPERSON; FURTHER
ESTABLISHING THE RULE THAT UNLESS IMPRACTICAL, THE
AGENDA PORTION ENTITLED "CONSENT AGENDA" BE SCHEDULED
AMONG THE INITIAL ITEMS FOR COMMISSION CONSIDERATION
AT ITS MEETINGS AND THAT THE PORTIONS OF THE AGENDA
ENTITLED "PUBLIC HEARING", "PERSONAL APPEARANCES", AND
"PUBLIC DISCUSSION" BE SCHEDULED NO EARLIER THAN 4:00
P.M. ON THE DATE OF ANY COMMISSION MEETING;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso.
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.
62 September 11, 1991
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18. (Continued Discussion) COMMENTS BY ACTING CITY ATTORNEY CLARIFYING PRIOR
AMENDMENT TO PREVIOUSLY READ FIRST READING ORDINANCE (See label 16).
------------------------------------------------------------------------------
Mr. Jones: Excuse me, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Jones: If I might. This is just... I needed to bring your attention on
item number 8.
Mayor Suarez: You know, we make you acting City Attorney, you're already
interrupting us all the time. Yes, sir.
Mr. Jones: On page two...
Mayor Suarez: Next thing, he would be asking for a salary increase. You see,
it's the way it always happens.
Mr. Jones: That would be nice.
Vice Mayor Plummer: Yes. And the next thing, we'll tell him where Sarasota
is.
Mr. Jones: They don't have many of us there either.
Commissioner Alonso: Then he will get ten thousand dollars more.
Mayor Suarez: Yes, sir. Counselor.
Mr. Jones: On page two of that ordinance, I think that the packet that you
have, under subsection B.1(a) small (a) has twelve percent and I just wanted
to make you aware that this was changed from twelve to ten percent. And I
just wanted to... I just wanted to bring that to your attention so you would
be aware of that.
19. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT WITH THE
SANITATION EMPLOYEES ASSOCIATION (October 1, 1991 through September 30,
1994).
Mayor Suarez: All right, item 10. Collective bargaining agreement between
the City of Miami employee organization of the SEA (Sanitation Employees
Association). Period of October 1, 1991 through September 30, 1994 - that
being a three year period.
Ms. Sue Weller: Mayor and Commissioners, Sue Weller, Labor Relations officer.
The Sanitation employees contract that you have before you is a three year
63 September 11, 1991
agreement, we have been meeting numerous months and we believe it's a very
good contract both for the employees and the City. It is a three year
contract. The first year is a zero percent... would be a zero percent across-
the-board increase, the second year includes a four percent across-the-board
increase and the third year is an reopener. Now, on the second year of the
contract, there is also the ability for the Sanitation Employees Association
bargaining unit members to receive a cash bonus based on savings from resource
recovery, composting, the recycling program that they have. The targeted
savings for the City would two point three four million. Any savings above
that, fifty-one percent of the savings above that would go toward two items.
It would first go toward the four percent for that year, across-the-board
increase and monies or savings left after that would go into a cash bonus to
be divided equally among the bargaining unit members. That four percent
across-the-board on the second year however, is guaranteed even if the savings
aren't reached.
Commissioner Alonso: I have some questions.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: And my concern is addressed to the fact that, what's
going to happen to our future budgets? It's like we are so concerned to make
it this year, zero increases all the way through, where are we going to get
the money 192/93 to pay for all of this that we are saying we are going to pay
then? I want to be reassured by the administration that we are going to have
available funds to face these commitments without increasing the taxes to the
citizens first of all. And second, I have another problem. The third year
indeed, we don't have a contract because it is so open.
Ms. Weller: We... Commissioner...
Commissioner Alonso: Therefore, this is a two year contract. Why is three?
Ms. Weller: Commissioner, it is a three year contract. The only article that
is open in that contract in the third year is the wage article for across-the-
board increases and one article for the City.
Commissioner Alonso: That means money. And also, I have another problem. I
read here at the back that the insurance issue, the negotiations are still
open and that concerns me because I really don't know what's going to happen,
what it will mean to them and to us - it's an open issue. To me, we don't
have an agreement until all the parts have agreed to the total package as
presented to us. Either we eliminate this section or we don't have a
contract. I mean, at least, this is the way I feel.
Ms. Weller: Commissioner.
Mayor Suarez: Can we have a contract with a section like that that's open-
ended?
Mr. Odio: Yes, sir. We have in the Fire Department we have a... probably in
the Police Department we had it for while on their group insurance. We had
to... on group insurance we needed to get the audit from them, we already have
that, and the cost we believe will not go up next year on group insurance. We
feel that the third year is something we need to look at.
64 September 11, 1991
At', --- __
Commissioner Alonso: That's the problem, we believe, we are not sure.
Mr. Odio: No, I am sure.
Commissioner Alonso: And then we don't have a serious commitment. And If we
don't, how can we be taking about making predictions, preparing a budget when
we don't really have real numbers to make any kind of serious prediction?
This is really disturbing, very disturbing to me.
Ms. Wetter: Commissioner, as the City Manager indicated, we have been waiting
for an audit to audit the health trust of the Sanitation Employees
Association. That we received in the office either Thursday or Friday and we
are in the process of reviewing that and we will be meeting with the
Sanitation Employees Association very quickly to try to resolve that issue.
It is not uncommon to have an open article when the rest of the contract has
been resolved.
Commissioner Alonso: But the problem is, we are right here trying to make
predictions of a serious budget for the City of Miami and we have to have some
indication. To me a contract is one that is completed and it give us... we
can have an open issue if we are certain it's not going to cost us, but when
indeed, it can change drastically. Who knows?
Mr. Odio: The reopener on the third year is precisely that - that both sides
agree, that we cannot project right now what the cost of running the City
would be three years from now. So, that's why we left that as a reopener and
we all agreed on that. That we will discuss salaries when we prepare together
a five year budget that we will start working on next month. Sure, we need to
project for five years not three years, but the group insurance from what I've
been told in the audit, there will not be an increase... the audit came in...
they are in very good shape, we felt that we needed to know what conditions
the health trust was... something that they operate, and we feel that there
will not be a cost increase there for next year which is what we were
concerned of.
Commissioner Alonso: You know what we should have done, we should have said
the four percent increase now and leave for the end zero increases, so, we
know and we are confident that we know what we have now but we don't know what
will happen in two years. Therefore, it would have been much easier since we
know what we have today, to say the four percent now and zero at the end
meaning we don't know what will happen and that way, we are confident that it
was not going to create an unforeseeable problem in the future, when we don't
really know... have all the facts. And right now we do indeed know what we
have and the real conditions at the present time.
Vice Mayor Plummer: Not enough.
Commissioner Alonso: If not enough, then what will happen in two years? -
even worse.
Mayor Suarez: Commissioner Dawkins.
65 September 11, 1991
ti.
Commissioner Dawkins: First, this is an agreement that was ratified by the
Sanitation workers, so I assume that they know what they want, but as was
previously stated, I need to know fiscally, what we're doing. Is any other
contract Mr. Manager, for three years?
Mr. Odio: Yes. We have AFSCME (American Federation of State, County, and
Municipal Employees) for three years.
Commissioner Dawkins: And what else?
Mr. Odio: And we reopen at the end and the...
Commissioner Dawkins: What else is for three years?
Mr. Odio: Fire.
Commissioner Dawkins: Fire is for three years?
Mr. Odio: Yes, sir.
Commissioner Dawkins: And Police?
Mr. Odio: No, sir.
Ms. Weller: We're still negotiating.
Mr. Odio: Police, we are still negotiating and we hope that we can make it
for three years.
Commissioner Dawkins: OK. Mr. Manager, tell me what this means and what...
"and a provision to reopen negotiations for Fiscal year 193/94" - you would
reopen negotiations to negotiate what?
Mr. Odio: Only the cost of living increase. Only the cost of living increase
and that's all.
Commissioner Dawkins: And everything else is firm?
Mr. Odio: It stays like that.
Commissioner Dawkins: So, you're not opening it to renegotiate...
Mr. Odio: No, sir.
Commissioner Dawkins: You are opening it to discuss an issue?
Mr. Odio: That one issue: cost of living increase.
Commissioner Dawkins: All right. I would hope that this would be changed to
say "reopened to discuss this issue" and not negotiations.
Mr. Odio: Fine, I agree. It's legal language. Would you change...?
66 September 11, 1991
Commissioner Dawkins: OK. Secondly, it said that "beginning in the Fiscal
year 1992/93 bargaining unit employees may be eligible to receive a cash bonus
payment based on savings realized by the City resulting from the diversion of
yard waste to composting and mixed trash. In order for the employee to
receive a bonus, a targeted amount of 2.3 million dollars in savings must
first be realized." How did you determine that 2.3 million dollars should be
saved, and why?
Mr. Odio: OK. What happened is we... from experience, we know that we are
now diverting fifty percent, and both the union and us agree that fifty
percent is attainable. What we wanted to do is go to eighty percent and
that's where you can really save another 2 million dollars for the City, by
going directly to composting or the resource recovery plan. Am I right on
that, Ron?
Commissioner Alonso: We are diverting fifty percent now?
Mr. Odio: We are saving that now, yes. They are now diverting of what we
pick up.
Vice Mayor Plummer: Thirty percent is newspapers.
Mr. Odio: We are picking up fifty percent right now and diverting to the
resource recovery center and to composting. So now we want to go to eighty
percent and it is very easily attainable, we know that, and that's what we are
working for it - so that we do not pay the County an additional nine dollars a
ton that we have to pay every time we go to the transfer station.
Commissioner Dawkins: What happens... I mean, I don't understand, me
personally, how the union can buy this, but I am not a member of that
organization, so they bought it and that's good. But how can they know as you
know and I know that the County changes the tipping fee at will. You don't
know what it's going to be tomorrow because if they decide that they are not
making enough money from the tipping fee, they raise the tipping fee. Now,
where did you fight to end to this contract the fact that if the tipping fee
goes up it reduces the 2.34 million dollars to be competitive with their work
load?
Mr. Odio: Commissioner, let me see if I can explain it. What we are really
doing here, the tipping fee went up and we are really paying a lot of money
for that. Even if the tipping fee goes up to say, sixty dollars, it wouldn't
affect the incentive plan...
Commissioner Dawkins: It will affect the City, because you've got to say...
Mr. Odio: No, sir. Let me explain.
Commissioner Dawkins: Mr. Mayor, wait a minute now, you're not talking to
them, you're talking to me, OK?
Mr. Odio: No, I'm talking... let me explain.
Commissioner Dawkins: See, because they... I don't know how they bought it,
that's their problem.
67
September 11, 1991
Mr. Odio: OK. The incentive plan is tied to the transfer station.
Commissioner Dawkins: Mr. Manager...
Mr. Odio: I don't know how to explain it.
Commissioner Dawkins: ... you said in here and I am reading it, that a
targeted amount of 2.34 million dollars in savings must be realized before
anything can happen.
1 Mr. Odio: That's because... right now, we are saving that. We said let's
start from where we are today.
l Commissioner Dawkins: Well, all right. Has the Man.. has...?
Mr. Odio: If you save above that, we will split it with the union.
Commissioner Dawkins: Have you been notified by our good friend, Avino...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... that the tipping fee will go up?
Mr. Ron Williams: Yes.
Mr. Odio: Yes, we have.
Commissioner Dawkins: So therefore, how can you save two point three if it's
going up? - I mean, but hey, they bought this, that's their problem - this is
none of my problem.
Mr. Odio: I think it's important that we announce it. What happened is this,
Commissioner. If we take a truck and take it to the transfer station, we pay
nine dollars a ton more. What we are saying is, look guys, we know it takes
more work. If you take it out to the County, we are going to save the nine
dollars a ton. Right now, we are taking fifty percent of the trucks to the
County, let's take a hundred percent and we will save above the 2.3 million
dollars we are saving now and we will split it with you.
Commissioner Dawkins: If I were in this organization...
Mr. Odio: Yes.
Commissioner Dawkins: ... and the individuals who negotiated this negotiated
it, I would either fire them or get out the union. That's my personal...
that's me, Miller Dawkins, OK? Secondly, I don't see how... explain to me how
of the 2.3 million dollars savings are to be applied first to the four percent
i across-the-board increase. Now, if the budget is balanced, the four percent
i increase is in. If the budget is not balanced, it is out. So now, where do I
play in the four percent, and what is four percent for the across-the-board...
Mr. Williams: Increase, Commissioner?
68 September 11, 1991
"s
Commissioner Dawkins: Increase, yes.
Mr. Williams: We estimate that would be approximately six hundred thousand
a
dollars ($600,000).
Commissioner Dawkins: So six hundred thousand would come from the 2.3?
.�, Mr. Williams: No. Let me explain it to you, Commissioner. Note that the
four percent increase 1s due October 1, 1992, clearly next fiscal year, all
right? And if the Manager will allow me, I'd like to go back and respond to
ii the 2.34 million dollar issue and the County's escalation of tipping fees.
Commissioner Dawkins: No, I don't you to explain nothing. I want the Manager
to explain it to me. I cannot argue with you, I don't pay you, I pay the
Manager.
Mr. Williams: Well...
Commissioner Dawkins: No, no, no, I don't want you to explain it.
Mr. Williams: Well, let me answer the other question.
Commissioner Dawkins: I don't want you to explain anything to me Mr.
Williams.
Mr. Williams: OK.
Commissioner Dawkins: I want the Manager to explain this to me.
Mr. Odio: We project the savings to be above the 2.3 million dollar mark - in
addition to the 2.3 we are already saving if we take at least eighty percent
of the trucks to the County. What we will do is, we will split the 2.3, take
the six hundred thousand dollars ($600,000) out for the four percent and
anything remaining above that, is distributed fifty-one percent to the SEA and
forty-eight percent to the City. I cannot explain it any other way, I
don't...
I Commissioner Dawkins: All right. The City and SEA have agreed to continue...
and I am reading from the document. The City and the SEA... and this was
signed... and this is dated September 6, the agreement was signed September
30. And now it says, the City and the SEA have agreed to continue
negotiations - and this regarding the insurance, and expects to resolve this
issue within the next two weeks. Two weeks have passed, is the issue
resolved?
Ms. Weller: No, Commissioner.
Commissioner Dawkins: So therefore, that's wrong, right? Get another one in
here. Bear with me, please, my fellow Commissioners. On page 4, in pencil,
and page 2, typed, it said, estimated of total fiscal year 193/94 cost
increase is twenty-two, six five six. Why is it different than the 192/93
cost which is six hundred and thirty-six thousand eleven dollars? Why would
we only have twenty-two thousand dollars worth of increase?
69 September 11, 1991
AAL
Mr. Odio: Well, on this year and the next... they gave up the four percent,
they would have zero percent increase, that's why. Next year, they are
getting the four percent that goes up... that's six hundred thousand dollars
($600,000).
Commissioner Dawkins: And they get another four percent in 193/94?
Mr. Odio: We don't know yet, it's open for negotiations.
Vice Mayor Plummer: That's what the opening item is.
Mr. Odio: That's the one issue that's open for negotiations - for the last
year. It's the only issue that's open.
Commissioner Alonso: Even though it's not very clear, what one issue is open
because it says "and a provision to reopen negotiations for fiscal year
'93/94."
Vice Mayor Plummer: So clarify it, put it in here.
Commissioner Alonso: We should be more specific.
Mr. Odio: Well we agreed... yes, we agree that we will...
Commissioner Alonso: Because it's very open.
Mr. Odio: "On or before April 1 of 1994, the association shall notify the
City in writing of its intention to renegotiate the agreement in force and
attach hereto shall include a list of proposals. No later than May 1 of '93
to reopen negotiations on one article as selected by the City, and to discuss
article 21, wage, as it relates to across-the-board increases and bonuses.
So, it is spelled out that we will only discuss article 21 which is wages as
it relates to across-the-board increases and bonuses."
Commissioner Dawkins: Article 22, page 88, Mr. Manager, explain to me how
you're going to do this. It says, "all authorized hours worked in excess of
an employee's normal work week shalt be considered overtime work provided
however, that no overtime pay, call back pay, or night shift differential pay
will be awarded for work required to finish incomplete work or incomplete
route assignments due to employers negligence". Now, who will determine if
the route is too heavy, if the route has too many calls on it, or how will you
determine that the guys on the route are really not working at a maximum to
complete the route? How will we... how will all that be determined, Mr.
Manager?
Mr. Odio: That will be determined together with the SEA and us. We are going
to review all the routes anyway. We feel that if they constantly are picking
up one route and they are constantly finishing within their allotted time,
that they should do that constantly. Now, if all of a sudden one day that
route is not all completed then we should not be... the City should not be
penalized to do that work in overtime - that's what we are saying.
Commissioner Dawkins: Provide me with whatever you come up with, whether it
is a computer print out...
70 September 11, 1991
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... or whatever you come up with to determine... show
me how you plan to determine if the work load is heavy or light and how you're
going to determine if the individuals on that route are giving you a good
day's work.
Mr. Odio: Yes, sir, Commissioner.
Commissioner Dawkins: Section 6 page 29, "the parties agree that assignment
of overtime work is on an involuntary basis, and any employee refusing
assignment of such work is subject to disciplinary action." Why? Why is it
that you're going to force people to work overtime?
Mr. Odio: That has always been in the agreement. This is just continuing on
to what...
Commissioner Dawkins: That does not necessarily mean that it's proper and
good because it has always been there. Tell me why you have it there.
Mr. Odio: Well I suppose... and it did happen that we have to work on a
Saturday because we did not finish on Friday what needed to be done, we have
to full work force on Saturday, so we need to know that they will have to come
in to work.
Commissioner Dawkins: What is the...?
Mr. Odio: On an emergency... let's say we have a hurricane and we need to go
out and clean the City up, we have to have the ability to tell them they have
to come to work.
Commissioner Dawkins: What is the purpose of having ninety-nine temporary
employees?
Mr. Odio: When you start talking about ninety-nine sir, you're talking about
doubling the cost.
Commissioner Dawkins: Why?
Mr. Odio: Because you have to pay them extra, above what we are already pay
the permanent worker for it.
Commissioner Dawkins: And you do not have to pay the guy you're calling back,
double time?
Mr. Odio: We pay them overtime.
} Commissioner Dawkins: That's over... well, time and a half, or whatever you
pay.
Mr. Odio: No, it's time and -a -half.
I +, 71
September
11,
1991
0
Commissioner Dawkins: So how could it cost more to bring an individual in who
you do not have to pay overtime because this individual does not have in forty
hours, and force an individual who does not want to work to come in and you've
got to pay him time and a half. I mean, buy hey, they agreed to it, I don't
know. OK?
Mr. Odio: Well, I hope we never have to pay overtime. I am thoroughly
against that philosophy of overtime but we need to have the ability,
Commissioner, to react to emergencies and to keep the City clean - sometimes
we have to pay.
Commissioner Dawkins: You've got standby workers. You've got people on
ninety -nines who would be glad to work rather than forcing people to work who
put in a full day's work, I guess. OK. Page 35 "working out of class."
We've been fighting this and I don't see any solution to it. What is the
solution when a person has worked six months, eight months and even a year out
of classification and you do not promote that individual to that position, or
take it out of that position? What's the procedure now?
Mr. Odio: The procedure on working out of class is fist of all, he has to be
eligible to do the work that has been assigned to him- say a driver. In order
for the employee to receive working out of class pay, he must have been
assigned there for a particular period time as we set forth below. A waste
collector, thirty-five days, waste collector operator 2 - that is garbage,
thirty-five working days, waste collector operator 2 sweeper, thirty-five
working days, and a waste equipment operator, ninety-five work days. Once
that employee has been temporarily assigned to that particular classification
for more than that period of time, as indicated in the section, the employee
shall be paid an increase of five percent above the normal base pay for all
the hours worked in that higher classification, beyond the work that was
specified before, and so, what we will do now and we are in the process of
doing is, that has been abused, we have to stay. When we promote people we
have to do it on a permanent basis. If somebody had been working, as in the
past for months and months as a driver, he should have been promoted to a
driver, and we are going to avoid that happening again.
Commissioner Dawkins: But you don't say that in here.
Mr. Odio: Yes, it's...
Commissioner Dawkins: You don't say that at the end of a year the individual
automatically becomes a driver. You say here that thirty-five days at the
time, forty-five days at the time, sixty days at the time, but nowhere in
here, do you say, if an individual has performed this job satisfactorily for a
year, out of class is automatically in class. I mean, you don't say that. So
really, this is an exercise in verbiage.
Mr. Odio: Commissioner, let me tell you what we are trying to do, and that's
what we want to do. We should not work people out of class, period, unless we
have an emergency.
Commissioner Dawkins: OK, I agree.
72 September 11, 1991
Mr. Odio: Now, the thirty-five days is a bench mark, but we will not pay. If
we have to pay somebody and that happened in the Fire Department with the
lieutenants, because he is working constantly as a driver, we will make him a
driver, period.
Commissioner Dawkins: And Mr. Manager I want you to understand. I have no
problems with you. You did your job, see, you did what you were supposed to
do, to get the best deal for the City of Miami. I don't have a problem with
that, OK? But I do have a problem with it as a person, you know, and I just
can't live with it. But, hey, they agreed to it, OK?
Mr. Odio: I can only tell you of our intention. The intention is not to work
anybody out of class because...
Commissioner Dawkins: You and I have been going to do this three years and
you're still working them out of class and everybody is happy. OK? Now, the
last item, fifty-four... page 54, article 40 "prevailing benefits," OK? Yet
over here you say that in order for them to receive any additional monies and
et cetera and et cetera, they have got to have a savings and all. Doesn't
prevailing benefits means that anything that's given to any other bargaining
agent automatically goes to them?
Mr. Odio: No, sir.
Commissioner Dawkins: Beg pardon?
Mr. Odio: It does not mean that.
Commissioner Dawkins: Why? What does prevailing benefits mean then?
Mr. Odio: It means that all the benefits that are in this agreement and in
the past that we have constantly practiced will remain the same.
Commissioner Dawkins: So, if the Fire Department got six percent hazardous
pay...
Mr. Odio: That doesn't mean that the SEA would get it. It does not mean
that. What you're talking about is a favorite nation clause that if whatever
the other unions get, they would get.
Commissioner Dawkins: Well where...? - I don't see the favorite nation clause
in here.
Mr. Odio: They do not have that.
Commissioner Dawkins: Why?
Mr. Odio: Well, you want to answer that one?
Mr. Roy Irizarri: Commissioner Dawkins, on the issue of having a parity
clause with what one union gets, the other one piggybacks off against that,
that's impermissible.
Commissioner Dawkins: What's against it?
73
September 11, 1991
Mr. Irizarri: It's called, parity.
Commissioner Dawkins: Yes, what's against it?
Mr. Irizarri: It's illegal.
Commissioner Dawkins: Why is it illegal?
Mr. Irizarri: Because the courts have so ruled because what will happen then
is you may have a union negotiating for another union.
Vice Mayor Plummer: Why do they ever have labor management then? - because
you are only dealing with one contract.
Commissioner Dawkins: Hey, I've said it again, and I am going to say it over
and over. Until the bargaining agents realize that they have to come in at
the same time and know what each other is doing, you're going to suffer this.
I have a problem with it but they agreed to it, I have no further questioning,
Mr. Mayor.
Mr. Odio: That you, Commissioner.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Yes. I am going to go again to this point of page 56,
article 21, and I'd like to hear from the City Manager, telling me if he has
an idea, what will happen if these... because this is open, it could go very
high. It reads, "wages as it relates to across-the-board increases and
bonuses". So it could be anything, Mr. City Manager.
Mr. Odio: You mean three years from now?
Commissioner Alonso: Yes.
Mr. Odio: It would have to be three years from now what the...
Commissioner Alonso: Why didn't we have some sort of a cap? - or we could
have said 240. Why didn't we do that?
Mr. Odio: Well, because we cannot afford to pay two this year.
Commissioner Alonso: Who is going to tell you that we will be able to afford
whatever, in three years?
Mr. Odio: What I am going to do as I said, I think we are going to... I know
that the four unions and management are going to start a five year budget next
month which we never had before, so that we know what the reality of the City
budgets will be in the five years that...
`i
Commissioner Alonso: But you have an agreement.
Mr. Odio: Now, what... do I know what's going to happen?
74 September 11, 1991
Commissioner Alonso: With them.
Mr. Odio: No, we don't. We agreed...
Commissioner Alonso: Yes. You say, "we will reopen for negotiations" and you
have to agree in something.
Mr. Odio: Sure. And it could very well be zero.
Commissioner Alonso: Are we going to have then, a big battle with them at
that time?
Mr. Odio: I don't feel so.
Commissioner Alonso: Why couldn't we sit down in a reasonable way. They do
understand the problems that the City is facing. I don't see anything in a
short term that proves to me that we are going to have lots of money for the
time that they come back to us. We should have placed some sort of a cap to
guarantee to us that at that time we will not going to have a serious fiscal
problem in the City of Miami.
Mr. Odio: Well, let me explain this. Let me remind you this. That in order
to balance next coming budget, the budget that you're going to approve today,
two unions gave up four percent increases, they gave them up. They had the
right to it.
Commissioner Alonso: That's wonderful, Mr. City Manager, but they do
realize - they are very responsible individuals, and they realize that the
citizens of Miami...
Mr. Odio: Right.
Commissioner Alonso: ... cannot continue to pay because of the economical
times we are living. They do realize and they have expressed so, that they
rather have a job than zero.
Mr. Odio: And that's why...
i Commissioner Alonso: That's why we are all together and they have done this,
for the City and for themselves. I'm saying, what's going to happen in three
years? What kind of indications can you give me as the City Manager to give
me the confidence to vote yes for this agreement, when in fact you cannot give
me any realistic numbers...
Mr. Odio: I'll tell you how I feel about it.
Commissioner Alonso: ... to prove to me that we will have enough money to pay
whatever the demands of this union is at that particular time.
Mr. Odio: Whatever As far as I am concerned, this means zero percent on the
third year and they have to negotiate more than that. And that's what it
means to me.
75 September 11, 1991
2
Commissioner Alonso: Let me ask him if he means... if he understand that to
be zero.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: As far as I am concerned, we start with zero. There is no cap and
we negotiate the best we both sides agree we can afford it at that time.
Commissioner Alonso: I am very concerned. They should be very concerned as
well.
Mr. Odio: They are so concerned that they gave up four percent increases that
they had coming to them.
Commissioner Alonso: That's fine. But it's very open in the third year -
very much open.
Mr. Odio: But I am saying to you, as far as I am concerned and they know
where I am coming from, is zero, and let's talk. When we see the numbers that
we have coming up in the future.
Commissioner Alonso: Let's put a two percent cap.
Mr. Odio: But then you are punishing them...
Commissioner Alonso: If you are talking about zero, I don't think they
understand that to be zero at all.
Mr. Odio: But see, if you don't...
Commissioner Alonso: Otherwise they should have said, zero.
Mr. Odio: But see, if you put a two percent cap then you are punishing them
for having worked with us in resolving our issues. I think it is better off
to leave it open.
Commissioner Alonso: My friend, and what about if they ask for six?
Mr. Odio: They won't get six if we cannot afford it. But if the average of
the last five years they only got six percent increase and six would make it
up because we have so much money that we can afford it, then at that time they
should be rewarded.
Commissioner Alonso: Let me ask you one last question before we give him the
opportunity and the courtesy to hear what he has to say. Let me ask you one
question. What kind of long term plans the City of Miami has in effect right
now to guarantee to me as a Commissioner that we are going to have... be so
strong fiscally to be able to respond to the demands of a union that have
taken cuts this year and have taken only four percent, and that have
cooperated and they feel in their own right that they can demand an increase
in three years? What kind of guarantees as a City Manager, you can provide to
me as to give me the confidence that yes, at the time of this agreement when
it's reopened again, we will have enough funds as to meet their demands? Do
we have anything in place...
76 September 11, 1991
Mr. Odio: We know...
Commissioner Alonso: ... that will provide to us extra revenues. I don't see
it in the near future.
Mr. Odio: Oh yes, we have. You voted...
Commissioner Alonso: Tell me on the record please.
Mr. Odio: You voted the other day on the first step of putting the City back
to solid financial ground. When you approved the new pension plan, when you
approved the plan that we came up with to balance this year's budget, you also
approved substantial savings for years to come. As we reduced the... down -
size the work force, and you are down -sizing by retiring people that are
making over forty-four thousand dollars a year, you are in fact guaranteeing
that the City will be able to function, at least, stable for the next three or
four years. And now, do I know how much money we are going to have three
years from now to pay the union, no, I don't - and I don't think anybody could
tell you that.
Commissioner Alonso: Mr. City Manager, you know when I was elected, I was...
the first time that we sat down, I told you that one of the ways to work to
resolve, it was giving incentives to the employees for early retirement.
Mr. Odio: Yes, I know.
Commissioner Alonso: So, you know that I am well aware of the good side of
what we have approved also, you and I know...
Mr. Odio: Yes.
Commissioner Alonso: ... quite well that in order to provide the quality of
services that the citizens of Miami need and demand, we might have to replace
more than twenty-seven people. We've been saying, quote unquote, in order to
replace the people who are going to leave... will take advantage of this
retirement program, therefore, some of the savings, it will be of limited
benefit to the City, even though it is a very commendable step. And you know
that I am very pleased with the step and the cooperation of everyone in the
City of Miami toward attaining this goal and making a more sound economical
City of Miami. But again, I have to ask the question again, please tell me
something that will make me feel better about the third year of this agreement
when I really don't know, and I don't have any solid indications that the
revenues of the City of Miami will increase. Are we going to be faced at that
time with having to increase across-the-board all of the licences? Are we
going to be faced with increasing the Solid Waste collection? Are we going to
be forced to say, we are going to the top of the millage? Are we going to be
forced to do things like that in that year? - Because I don't know where we
are going to get the money.
Mr. Odio: If we stay with what we have started and if you stay with what we
have started, which is to truly down -size, and by that I mean, truly down -size
together, in partnership with them. I mean, like...
77 September 11, 1991
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i.
Commissioner Alonso: And this is one of the best things that have happened in
Miami.
Mr. Odio: I think so.
Commissioner Alonso: The cooperation as I see it, it's wonderful.
Mr. Odio: I will always remember this year because I think it really has set
a base for future financial solidification of the City. I believe that you
are really... if we stay with this and if we stayed working together that you
will be able to do something for the employees three years down the line. How
much so, I don't know, but the savings of down -sizing will be multiplied...
the benefits are not going to be seen this year coming up as much as the
second, third, and forth year. I need to remind you of this. If you replace
someone leaving now, immediately you are saving over sixty percent of their
salaries - even if you replace. Because the fact is that some people have
been here twenty-five years and they should be commended for having been here
twenty-five years and they are making high salaries - over forty-four thousand
dollars. So if you replace that same person with sixty percent less.
z,
s�
Commissioner Dawkins: Mr. Manager.
Mr. Odio: Yes.
Commissioner Dawkins: I have a problem like I told you with all of this. And
the main problem I have with this is, Mr. Nelson stood there and said that he
j'
was prepared to provide the same level of services with less people. I don't
understand that. Now, you know and I know and every Commissioner up here
?'
understands, people call us constantly that routes are not completed. I got a
call the other night at one o'clock in the morning, that the guys set the
garbage out and the truck didn't come by and pick it up. So, therefore, we
are not in my opinion providing the services that these citizens are paying
for and yet, we are going to lose "X" number of people through retirement,
attrition, and we are not going to replace them. So I am expecting you,
because from now on, I am going to promise you, the Lord and other people,
when people call me one o'clock in the morning, I'm calling you. Yes, I am
not going to let them wake me up at one o'clock in the morning and I don't
wake you up. See, and so from now on, you... and you and I going to get up
9
and go and get the garbage. That's right, me and you are going to get up and
go and get a truck and you and I are going to pick up the garbage because
that's the only way to make sure that you and I...
Mayor Suarez: And the Commission will approve...
Commissioner Alonso: Well, I'll tell you what.
Mr. Odio: I don't know how to drive a...
Vice Mayor Plummer: You call me because I want to see that one.
Commissioner Dawkins: All right. OK.
Mr. Odio: Boy, would that...
78 September 11, 1991
e 0
Vice Mayor Plummer: I want to see the two of you out there picking up
garbage.
Commissioner Alonso: I will like... with video, so we can see it.
Mayor Suarez: We will provide uniforms for the two of you, trucks...
Mr. Odio: Miller, you drive and I...
Commissioner Dawkins: No earmarking.
Mayor Suarez: ... any other equipment that you need - shovels, helmets.
Vice Mayor Plummer: Yes. Also, call a photographer.
Commissioner Dawkins: I don't understand how you are going... but like, I am
one, see, I run in 193.
Commissioner Alonso: We all three running in 193.
Commissioner Dawkins: I got 192 and 193 for Luis Sabines to call me and say
that you are not sweeping the streets on SW 8th Street. For the people on
15th Avenue to call me and say that you are not sweeping the street on 15th
Avenue. For the people to call Brother Phillips and Phillips call me and say,
you're not picking up the garbage on the streets in Liberty Square, and then
all the people will be down here just like they came, I know... they say, we
ain't going to vote for you because you all didn't pick up the garbage. See.
Mr. Odio: I hope we continue to do what we are doing today and you know,
Commissioner, I think... I am telling you I really mean this, you are doing
the right things...
Commissioner Dawkins: No, you are.
Mr. Odio: ... to have a very good year in 193, if that's what you are
concerned of.
Commissioner Dawkins: I'll tell you what, if we don't do it in 192, me and
you, neither one will be here in 193.
Vice Mayor Plummer: I will be. I'll be here to remind you.
Commissioner Dawkins: That's why we got this...
Commissioner Alonso: Very convenient to leave it at zero now.
Commissioner Dawkins: Well, that's why we got this golden parachute now, to
ensure that J.L. Plummer gets reelected.
Mayor Suarez: You know, I believe he is going to be here...
Commissioner Alonso: Yes, very conveniently it sounds, he will have to kill
us. (LAUGHTER)
79 September 11, 1991
a 0,
Mayor Suarez: I believe he is going to be here until this whole building is
no longer here.
Commissioner Alonso: That's right, twenty more years.
Vice Mayor Plummer: I going to think he is going to die with this building
like a captain with a ship. Yes, I think...
Vice Mayor Plummer: I'm going to be a pall bearer for all of you - don't
worry about it.
Commissioner Dawkins: And Mr. Phillips, you tell them to call my house.
Mayor Suarez: I just have this feeling he is going to be here.
Commissioner Dawkins: You be sure to tell them to call my house when the
garbage is not picked up.
Mayor Suarez: The lights will be gone, Sergeant Irving will be gone, but
Plummer is still going to be here. All right. Lionel, sir.
Mr. Lionel Nelson: Yes. Good morning Commissioners, I'd like to say this and
on the serious side. You know with time, as time go by, time bring a change.
In our operation for the past years, we have done the best that we possibly
can with that type of operation until it has come to the peak point, have got
to change again. And you've got to roll with the change in order to survive.
At the present time, no, we cannot provide the sufficient... efficient service
that we desire because of different problems, because of the budget, because
of various items. It's not no one item or one thing we can focus on. But
this, I'll like to let you know that we are aware, and our concern about the
issues. I felt there was a pleasure to be able to sit in on the budget, and
budgeting and everything, that was very educational to me, it was very
knowledgeable, it brought out the concerns to me that you had and I am aware
of it. I would just like to inform Mr. Dawkins, I feel that we have done the
best that we could have and what we have had according to the present times
and the way things are, sufficient... and I know, I know, and I have no
doubt in my mind, and if we all come together, those of this management, those
of the union, if we all come together, we can give this City the best
Sanitation Department in the United States.
Commissioner Dawkins: The only thing I find wrong with that Mr. Manager is,
this is my tenth year here and at each budget hearing, I've heard the same
thing.
Mayor Suarez: All right, on the item before us, a resolution. I'll entertain
a motion if there is no further discussion - authorizing the City Manager to
enter into the collective bargaining agreement with the SEA, Sanitation
Employees Association. Somebody move it please. Thank you. We have a
motion, Commissioner De Yurre. Do we have a second?
Vice Mayor Plummer: I'll second.
Mayor Suarez: Second, Vice Mayor Plummer. Any further discussion on the
item? If not, please call the roll.
80 September 11, 1991
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-631
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOWN AS THE SANITATION EMPLOYEES
ASSOCIATION, FOR THE PERIOD OF OCTOBER 1, 1991 THROUGH
SEPTEMBER 30, 1994, UPON THE TERMS AND CONDITIONS SET
FORTH IN THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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: Commissioner Miller J. Dawkins.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Well I do have problems. I find that this contract is
in fact a two year contract, not a three year contract. I find that the
question of the insurance also presents problems. Once more, I am going to
trust the City Manager, I am going to believe that what the union has approved
and presented, and that they will understand that the City of Miami needs
their cooperation and I trust that at the time that they have to reopen or not
the negotiations, they will understand the realities of whatever we are faced
and in that trust, I am going to vote yes.
Commissioner Dawkins: The Manager has done what he gets paid to do and that
is, come up with the best plan of action for the City of Miami at the least
amount of money. And he has come up with a plan - I don't know how much money
it's going to save, but I cannot vote for this because I do not have faith
that this is going to do what it says it's going to do. In the event that it
does, I'll be the first one to congratulate the Manager and tell him, you
prove me out a liar and congratulations. If it doesn't do what it says, I
want to be able to say, I told you so. I vote no.
81 September 11, 1991
20. EXECUTE AGREEMENT WITH PUBLIC HEALTH TRUST OF DADE COUNTY FOR A GRANT
($600,000) TO PROVIDE THE CITY'S INITIAL CONTRIBUTION TOWARDS
CONSTRUCTION OF A NEW TRAUMA CENTER FOR JACKSON MEMORIAL HOSPITAL -
ALLOCATE $300,000, EACH, FROM 15TH AND 17TH YEAR CDBG PROGRAMS.
------------------------------------------------------------------------------
Mayor Suarez: Item 11. This is the money for the Trauma Center.
Commissioner Dawkins: Move it.
Commissioner Alonso: I move.
Mayor Suarez: Moved and seconded. Mr. Manager, have you got any report as I
thought I heard and read in the media that of the half a cent penny sales tax,
a rather large amount is to go to the Trauma Center?
Commissioner Dawkins: No.
Mayor Suarez: Does anybody have that breakdown?
Vice Mayor Plummer: No. What you read in the paper is the money from the
half a cent Mr. Mayor, is in fact for the operation of the Trauma Center, not
for the bricks and mortar.
Commissioner Alonso: That's right.
Mayor Suarez: No capital?
Commissioner Dawkins: No capital.
Vice Mayor Plummer: No, sir.
Commissioner Alonso: Right.
Mayor Suarez: All righty. Commitment previously made - I understand from
memos received from you that as of the construction under Federal CDBG
(Community Development Block Grant) rules, we won't be able to continue
funding this, so.
Mr. Odio: We will have to find other ways of meeting our commitments, Mr.
Mayor.
Mayor Suarez: Well, one way to deal with it is to undo the commitment. So,
and that's the way I will be voting, but I am going to go ahead and support
this... let the public health trust be aware of the fact that at least, for
this Commissioner, this member of the Commission, they are going to have to
come and network with us more effectively and at a much higher level than the
input that I have received on this if I am ever going to try to live up to
that commitment. I am not at all satisfied with the contacts that I have had.
And it is not our responsibility, it is the County's responsibility and we
made this commitment, I don't... I guess we were so desperate to expand the
82 September 11, 1991
s
3
l
1 l
1
Trauma Center that we made that commitment but I for myself, I am just as
inclined to end it at this particular allocation. All right. Anyone else on
this item? If not, we have a motion and a second. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-632
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE PUBLIC HEALTH TRUST OF DADE
COUNTY, FLORIDA FOR A GRANT IN THE AMOUNT OF $600,000
TO PROVIDE THE CITY'S INITIAL FINANCIAL CONTRIBUTION
TOWARDS THE CONSTRUCTION OF A NEW TRAUMA CENTER FOR
JACKSON MEMORIAL HOSPITAL, CONSISTENT WITH THE PLEDGE
OF SUPPORT IN RESOLUTION NO. 89-830 ADOPTED SEPTEMBER
14, 1989, AND ALLOCATING FUNDS FOR SAID GRANT IN THE
AMOUNT OF $300,000 FROM THE 15TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AND IN THE AMOUNT OF
$300,000 FROM THE 17TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
j------------------------------------------------------------------------------
21. EXECUTE AGREEMENT WITH DADE COUNTY HOUSING AND URBAN DEVELOPMENT FOR A
GRANT ($850,000) WITH FUNDS FROM 17TH YEAR CDBG PROGRAM, TO PROVIDE
PHYSICAL IMPROVEMENTS AT VARIOUS METRO-DADE COUNTY PUBLIC HOUSING SITES
LOCATED WITHIN THE CITY.
------------------------------------------------------------------------------
Mayor Suarez: On item 12, Earl.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
83 September 11, 1991
if,
x
12
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Vice Mayor Plummer: Let me, if I may.
Mayor Suarez: Yes, I was going to ask about the fifty million dollars
($50,000,000) I read about in the paper but go ahead, Vice Mayor Plummer.
Vice Mayor Plummer: Well, that's not Mr. Mayor what I want to speak to. Mr.
Phillips, I saw you on TV the other day and I want to tell you, you went up
one thousand percent in my book. The other congratulation...
Commissioner Dawkins: Where was he before that?
Vice Mayor Plummer: About nine hundred and... more or less. I hope that the
people that will back you up in relation to criminal activity in and around
public housing, you made it very clear to me on that program that you are not
going to tolerate it, that if they do it they are going to be evacuated, and I
know you can't do that single-handedly and it's going to take people to back
you up that have the law enforcement ability. But I want to commend you for
at least taking that stand and setting what I think is something that is long
overdue - to tell these people that we are not going to be allowing that to
happen and if you do, you are going to suffer some serious consequences. So,
I just want to commend you for taking that stand and I want you to know that I
pledge to you that anything that I can do as a Commissioner in the City of
Miami to bring about the people that you need to support that very strong
stand that you have taken, you have my support.
Mr. Earl Phillips: Thank you, Commissioner, I appreciate that.
Commissioner Alonso: And I want to voice exactly the same thing. And I want
to thank you on behalf of the citizens of Miami for the work you have been
doing. I worked very closely with Little HUD for years, and the tremendous
change that I have seen, it's incredible. I congratulate you and thank you,
and I hope you will be there for years to come and we will see a different,
different situation, and these people having the quality of life that they
deserve.
Mr. Phillips: Thank you, I appreciate that.
Commissioner Dawkins: That's two votes, you need another one Mr. Phillips - I
don't know where it is.
Mayor Suarez: Before voting, what about the fifty million dollars? Let me
preface that by saying that I was pleased to call you the other day on a
project on the west side of 37th Avenue and US 1 - what's the name of that
one?
Commissioner Alonso: Casa Bonita. You mean the one in 33?
Mayor Suarez: The... it's like a low-rise housing back here on.... behind
Douglas here.
84 September 11, 1991
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Mr. Phillips: When you called me, that's...
'! Commissioner Alonso: Thirty-three zero zero...
Mayor Suarez: No, no, half thirty-seventh.
Mr. Phillips: I know.
Mayor Suarez: Where we all know.
Mr. Phillips: Yes, and we talked about it.
Mayor Suarez: As you come down Douglas from US 1 to the Grove.
Mr. Phillips: Yes. It's right off of Douglas. He did call me and thanked
me.
Mayor Suarez: That project was well... the landscaping was in much better
shape, the grass was cut, I don't know that the painting and everything else
that had to be done was quite in the kind of shape that it should be in, but
at least, there was a major, major improvement. And of course, when we've had
problems in that community, we've had them typically centered around that
project. So, I want to commend you on that.
Mr. Phillips: Thank you. I appreciate that.
Mayor Suarez: The fifty million dollars now, Commissioner Alonso was
whispering here that maybe that's for improvements to be done inside, these
fund are for improvements outside. Is that a fair categorization, or how do
you...?
Mr. Phillips: It is a very... it is absolutely on target what Commissioner
Alonso is saying, and let me just say, out of the fifty million dollars that
we are receiving, which are dollars, comprehensive dollars that are specified
for certain kinds of developments, certain age, etcetera, etcetera, forty-
one point two million of that fifty million dollars will be spent in the City
of Miami. The developments that we've gotten monies...
Mayor Suarez: Can you send us each a breakdown of that work projects...
Mr. Phillips: I will be delighted... yes.
Commissioner Alonso: That's wonderful.
Mayor Suarez: ... and approximate dates of the work being done. We have an
activist Commission here to put it mildly. We don't all go around with our
police radios on all the time - one of us particularly does, but we do go out
a and watch what is happening and we want to see it as it happens. I mean, it's
sort of a new kind of government, let's say.
Mr. Phillips: And you will. And I will say to you...
Mayor Suarez: Unlike what the School Board did, where they got our support
for the bond issue and then we never heard from them again - at least, I never
a did.
85 September 11, 1991
Mr. Phillips: I will say to you Mr. Mayor, that we will continually stay in
touch with you. We are already working with Frank on a number of issues. We
are going to be meeting with your Ivy Kierson next week to talk about the
kinds of concerns as Commissioner Dawkins raised this morning in terms of
people working on these developments, in the developments that live in the
developments, live in the immediate neighborhood, so that we can get that kind
of participation. Those things become extremely important to us.
Mayor Suarez: The materials, the paint, et cetera, the piping, everything is
going to be a little bit better quality than in the past - a little more long
lasting?
Mr. Phillips: Yes. I think you are going to be very very proud of the
product.
Mayor Suarez: Not a patch up job that two years later we are back where we
started?
Mr. Phillips: No. I think you are going to be very proud of the product and
I...
Mayor Suarez: You can scrap all the specification of everything else that has
been done in the past, because they just really are not... you know, they are
like minimal specs instead of being the top notch stuff that is likely to last
when the maintenance is not as good as it should be.
Mr. Phillips: That was the case in one of our developments down in the south
part of the County Caribbean Gardens, which was done with very poor materials.
We are in the process now of tearing that whole thing down and starting back
over - that's going to be a home ownership. We are working diligently right
now with one of the developments in the City to turn that into... well two
developments in the City to turn them into a home ownership developments and
we will be coming back to you talking more about that. But I just want to say
to you and I don't want to take a lot of time, but I do want to say to you
that contrary to what people may say, you played a major role even though the
amount of money was not a major amount, but it was major as far as we were
concerned because we had never received any City CDBG monies, and I know it
was major...
Mr. Castaneda: Major.
Mr. Phillips: ... as far as my good friend Frank is concerned.
Vice Mayor Plummer: Anything over a dollar around here is major.
Mr. Phillips: But you did play... you played a major role with the dollars
that we were committed from you, the dollars from the CDBG (Community
Development Block Grant) monies as well as the operating monies from the
County that was committed to us. We were talking about twelve million dollars
that we were able to leverage with the Federal government in order to receive
this fifty million dollar grant. So I will have to say to you that you did
play, you were a major...
86 September 11, 1991
Mayor Suarez: Could you tell that to the...
Commissioner Alonso: To the Miami...
Mayor Suarez: ... editorial port of the Miami Herald please.
Commissioner Alonso: Indeed. They forgot us - indeed, as usual.
Mr. Phillips: Well, the Miami Herald... yes, but you played a major role in
making that happen and I am not just standing here saying that to you, I mean
that very sincerely. You know that or maybe you don't know, over the last
five years, we've averaged between six and seven million dollars for
modernization monies per year. For us to receive fifty million dollars in one
year is a major feat, especially when you look at the State of Florida and you
see that the State of Florida receive ninety-two million dollars in total and
we received fifty of that ninety-two million dollars. That has to say to you
that we are doing something right. And I say to you that you should be proud
of what is happening in the City of Miami. You talk about... and I appreciate
the comments that you made Commissioner Plummer about the law enforcement, I
have to also say to you that your Police Department is working very very
closely with the Police Department from Metro Dade and our public housing
police bureau under Commander Campbell. I have met with Chief Ross at this
point, probably, five or six times in meetings that we have planned and
strategized and he has been very very positive in helping us and opening up
new doors in terms of the whole reduction of stranger to stranger crimes, the
breaking and entry, the atrocious assaults, and those kind of things. So, we
are a partner here and I am very proud that you have allowed us and given us
the opportunity. And I will stand here and say to you this morning that we
will not disappoint you.
Mayor Suarez: All right.
Mr. Phillips: And you can believe in us and you can trust in us and we will
be there.
Mayor Suarez: You also pledge not to come back...
Mr. Phillips: No, sir. I will not...
Mayor Suarez: ... for at least another year?
Mr. Phillips: At least for another year.
Mayor Suarez: I don't know why this item has to be on the agenda so many
times. Maybe, the City Attorney could figure out a way that we approve it and
be done with it.
Mr. Phillips: But we will continue to work with you and I thank you for your
support on it.
Mayor Suarez: All right, Earl. Thank you, sir. On item 12, we have a motion
and second. Any further discussion? If not, please call the roll.
87 September 11, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-633
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH DADE COUNTY HOUSING AND URBAN
DEVELOPMENT FOR A GRANT IN THE AMOUNT OF $850,000,
WITH FUNDS FROM THE 17TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, FOR THE PURPOSE OF PROVIDING
PHYSICAL IMPROVEMENTS AT THE VARIOUS METRO-DADE COUNTY
PUBLIC HOUSING SITES LOCATED WITH THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
I
it 22. ACCEPT BID: FOUR C'S SERVICES, INC., FOR FURNISHING EVENTS MAINTENANCE
AT COCONUT GROVE CONVENTION CENTER, ON A CONTRACT BASIS (Department of
Conferences, Conventions and Public Facilities).
--------------------------------------------------------------------- -----
Mayor Suarez: Item 13, Coconut Grove Convention Center, woman Dade County
vendor.
Vice Mayor Plummer: What is this? - for cleaning up?
Mr. Odio: It's for cleaning services.
Mayor Suarez: Moved. Second. Any discussion? If not, please call the roll.
Vice Mayor Plummer: It seems like a hell of a lot of money. I mean...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: Yes, I understand, but how many event days are you having
there a year?
88 September 11, 1991
Mr. Gregory Right: For 191/92 Commissioner, we are having 277 event days,
approximately 70 events.
Vice Mayor Plummer: Event days, or set up and tear down days are included in
that event?
Mr. Right: Included in those. Seventy events.
Vice Mayor Plummer: How many event days do you have.
Mr. Right. Of that, approximately, I'd say, one hundred and ninety.
Vice Mayor Plummer: So what you're saying is, it's what? - five hundred
dollars a clean up?
Mr. Right: No, no, sir, also... all right, let me explain. In addition to
the set up and break down for the events themselves, the staff of Four C's
will also be assisting in the ground maintenance, also the general maintenance
of the facility, cleaning, et cetera.
iVice Mayor Plummer: OK. It just seems like an awful... tremendous amount of
money, ninety-one thousand dollars ($91,000).
Commissioner Alonso: Believe me, it is a lot of money.
Mr. Tony Pajares: Commissioner, for the year, it's seventy-two thousand.
Vice Mayor Plummer: That's not what it says here.
Mr. Pajares: No, because... let me explain that.
Mayor Suarez: And nineteen is going in somebody else's pocket.
Mr. Pajares: No, no. The former contractor lost the bid from July, August
and September - that's the eighteen thousand that's budgeted this year.
Mayor Suarez: We're catching up three months of the prior year.
Mr. Pajares: The year is really seventy-two thousand but since we have to
award to the new company, we have to add the eighteen thousand from this year
plus seventy-two thousand which we estimate will be next year.
Vice Mayor Plummer: It says for one year. At a total proposed first year
cost of ninety-one thousand.
Mr. Pajares: To this company.
Vice Mayor Plummer: That's one year.
I ask a second question.
Mr. Pajares: Yes, sir.
It's not what it says, Tony. Now, may
Vice Mayor Plummer: How much money profit did the Dinner Key Auditorium make?
89 September 11, 1991
Mr. Pajares: About a hundred -and -sixty thousand dollars last year.
Vice Mayor Plummer: Profit?
Mr. Pajares: Yes, sir.
Commissioner Dawkins: Two dollars.
Vice Mayor Plummer: Profit?
Commissioner Dawkins: Profit.
Mr. Pajares: Yes, sir.
Vice Mayor Plummer: Thank you.
Commissioner Dawkins: You're welcome.
Mayor Suarez: It's a voice from the past and from behind.
Vice Mayor Plummer: An echo. There is an echo in these chambers
after they
took out the money tree.
Mayor Suarez: An echo.
Vice Mayor Plummer: Mr. Manager, where is my money tree?
Commissioner Alonso: That's very disturbing. That's a sign of the
times.
Commissioner Dawkins: It's in your funeral home.
Vice Mayor Plummer: I wish.
Commissioner De Yurre: We are getting it back after the budget process.
Vice Mayor Plummer: The money tree left.
Mr. Odio: It died.
Commissioner Alonso: It did.
Vice Mayor Plummer: Mr. Mayor, I still think thirteen is high but
it's got to
be done, they showed a profit. I'll move it.
Mayor Suarez: So moved.
Commissioner Alonso: We have I think, a motion and second before,
did we?
Mayor Suarez: I think we have a motion and second.
Ms. Matty Hirai: Yes, sir, we do.
90 September 11, 1991
Mayor Suarez: He like to remove things after he kind of like takes them
through the wringer. All right, call the roil.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-634
A RESOLUTION ACCEPTING THE BID OF FOUR C'S SERVICES,
INC. FOR FURNISHING EVENTS MAINTENANCE AT THE COCONUT
GROVE CONVENTION CENTER FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES ON A
CONTRACT BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND
FOR TWO (2) ADDITIONAL ONE YEAR PERIODS AT A TOTAL
PROPOSED FIRST YEAR COST OF $91,000.00; ALLOCATING
FUNDS THEREFOR FROM THE 1990-91 ($18,200.00) AND 1991-
92 ($72,800.00) OPERATING BUDGET ACCOUNT CODE NO.
350210-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE, AND THEREAFTER TO EXTEND THIS
CONTRACT FOR TWO (2) ADDITIONAL ONE YEAR PERIODS AT
THE SAME PRICE AND UPON THE SAME 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 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.
91 September 11, 1991
4K1
------------------------------------------------------------------------------
23. AUTHORIZE MANAGER TO MAKE AN OFFER AND EXECUTE AGREEMENT WITH PROPERTY
OWNER FOR ACQUISITIO14 OF PARCEL A, LOT NOS. 2-5 AND 2-6 (TOWER THEATER)
WITHIN LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA AND LATIN
QUARTER, TO BE USED FOR DEVELOPMENT OF A COMMUNITY PERFORMING ARTS
THEATER (MOVIE THEATER) AND CULTURAL CENTER - ALLOCATE $388,121 FROM
PRIOR ALLOCATION BY ORDINANCE 10782 OF $1.8M (CIP 321038 - Latin Quarter
Specialty Center).
------------------------------------------------------------------------------
Mayor Suarez: Item 14. I see a few expectant faces out there maybe involved
in item 14. Mr. Luft, where are we?
Mr. Jack Luft: We are recommending approval of a purchase agreement for the
acquisition of the Tower Theater at 15th and SW 8th Street as a second
component of our acquisition program to produce a Latin Quarter Specialty
Center.
Vice Mayor Plummer: How much?
Mr. Luft: The purchase agreement is for three hundred and eighty-eight
thousand dollars ($388,000).
Vice Mayor Plummer: Are there any...?
Mayor Suarez: Why am I getting something from this kind gentleman. What is
his involvement in this? The City is acquiring a piece of land.
Commissioner Alonso: Why he got more papers than I did?
Mayor Suarez: Here, you can have all of mine.
Vice Mayor Plummer: Has it been determined that this land is free and clear?
Mayor Suarez: This is citizen activism at its best or worst, or one of the
two.
Commissioner Alonso: Oh, this is what we got in the package - you can have
it.
Mr. Luft: That's a condition of the purchase, yes, when we get the title.
Commissioner Dawkins: It is eleven fifty-three, Mr. Mayor, and this is going
to be controversial.
Mayor Suarez: Is it? That's what I...
Commissioner Dawkins: It will take more than seven minutes, I think.
Commissioner Alonso: Could you explain to us - I have seen four appraisals
for the property. Could you explain to us the difference in price? - four
thirteen, three twenty-five, two ninety, two seventy-five, would you explain
92 September 11, 1991
to us the difference in price, and if the evaluation done by each company, was
it done, land and improvements, or what?
Mr. Luft: In 1990, in February, the City commissioned and paid for two
appraisals as part of our land acquisition process which began at that time.
Mayor Suarez: What it does come out to be?
Mr. Luft: Those two amounts for the Tower Theater produced a high amount of
four hundred and thirteen thousand and a low of three hundred and twenty-five
thousand.
Mayor Suarez: Same parameters, two companies, just doing it at the same time
independently.
Mr. Luft: Two appraisers, same appraiser, independent.
Mayor Suarez: What about the rest of the litany of appraisals the
Commissioner referred to?
Mr. Luft: All right. In the spring of this year, in April, I believe it was,
Mr. Landy Toledo the owner of the Tower Theater, came before this Commission
and disagreed with the City's appraisals, claiming that they were low. And
insisted that two more appraisals be obtained from MAI (Member of Appraisers
Institute) Appraisers, and he pledged at that meeting to pay for those two
appraisals. The City supplied him with names of appraisers that would have
agreed to do that. He selected the two appraisers, Delahanty and Slack,
and...
Mayor Suarez: And presumably, he is obligated to pay them.
Mr. Luft: ... that he is obligated to pay them. There is a nine thousand
dollar payment for two...
Mayor Suarez: Whatever, we don't care. What did they come out with?
Mr. Luft: Those two appraisals came out with $290,000 and $275,000 for the
same property. Now, the Commissioner's question was what's the explanation
for the differences in these?
Mayor Suarez: Well, you've given a pretty good explanation for four of them.
I don't know if there is any more.
Commissioner Alonso: No. He has not gotten to the point why the difference.
Mr. Luft: Well the point... when the City Commission did its appraisals, as
we do with all of our appraisals, we sit down and explain what the City policy
is with regard to zoning and development in the area and what our program is
going to consist of for these properties. It was because of that the
appraisers assumed that the Tower Theater was going to be reused, that the
building itself had value, and assessed it accordingly. It's really a
question of highest and best use for future use for the appraised property.
Those two appraisers that the City retained in 1990, attached a value of - one
of them was two hundred and twenty-eight thousand dollars ($228,000) for the
93 September 11, 1991
Tower Theater building and the other one was a hundred and twenty-five
thousand dollars ($125,000) for the building, as a component of those four
hundred and thirteen and three hundred and twenty-five thousand dollar
appraisals.
Mayor Suarez: Has there been a constant value for the land that we can refer
to as you give us those figures?
Mr. Luft: More or less. Now, you have to understand that what...
Mayor Suarez: More or less? - the Commissioner is saying a hundred and
seventy-seven more or less, just for the land?
Mr. Luft: Approximately, yes. The land is worth a little less if you retain
a building on it and constrict the options of use. Vacant land is inherently
worth more if the redevelopment has more latitude to put a different use.
Mayor Suarez: As land itself, it's worth more if it's vacant, because you
don't have to demolish anything.
Mr. Luft: That's correct. So, with the assumption that the building was to
remained and had a value, the land component is somewhat less.
Mayor Suarez: I see.
Mr. Luft: But those appraisals came in higher primarily because the
combination of land value and improvement value pushed them to the four
thirteen and three twenty-five thousand dollar range. It was the two
appraisals that Mr. Toledo commissioned and paid for that came back with both
of them, the same assumption. That the building was of nominal or no value
and the highest and best use was to remove the building and build a commercial
project on that site, basically, a one or two story shop, and as such, detach
the value to the land alone of two hundred and ninety or two hundred and
seventy-five thousand. Now, since the City's stated purpose in this process,
and has been from the beginning is to utilize the Tower Theater as the
cultural component for the Specialty Center, there is of course, to be
presumed, a value for the building and an intended use as a theater. Now the
Latin Quarter Specialty Center...
Commissioner De Yurre: Let me ask you something because I need to make...
Mr. Luft: OK.
Commissioner De Yurre: I have here four years worth of minutes.
Mr. Luft: Yes.
Commissioner De Yurre: And nowhere have I seen this Commission say that that
is a cultural component of the Latin Quarter.
Mr. Luft: The Latin Quarter Specialty Center project, which we set out a year
and -a -half ago to try to implement with these land acquisitions, has always
contained as a vital core component of that project. In fact, integral to the
very notion of it being a Latin Quarter Specialty Center was two, not one, but
94 September 11, 1991
two Performing Arts Theaters. Look at the plan, the floor plan is there, they
are in the center component facing the plaza. Those theaters were to have
housed small performing arts groups, presumably, two dramatic theater
repertory companies. Now, when our land...
Commissioner De Yurre: Do we have any marketing studies as to the viability
of a performing art center, and I imagine we are talking about something like
the Teatro Marti which is on 8th, something like Manuel Artime that we spent
over a million dollars on first.
Mr. Luft: No. Quite different than that actually.
Commissioner De Yurre: Bellas Artes on 8th, Las Mascaras on 27th. Do we have
a marketing study that... as a target?
Mr. Luft: As a part of the Performing Art Center study that was done for the
current issue, which is performing art facilities in the City including the
neighborhoods, it was shown that a small theater component, particularly for
drama is vitally needed. That the theaters that you've mentioned as
commercial enterprises fill one niche of the performing spectrum. But there
is currently no facility suitable for a nonprofit arts performing company,
particularly for drama in that area. That's why the Hispanic Theater Festival
is in Coral Gables.
Commissioner De Yurre: What about Manuel Artime.
Mr. Luft: The Artime Center is a 700 seat, two-story made -over church. It's
perfectly acceptable for musical performances for large stage performances,
for dance, it is not suitable for a drama theater, particularly with the
acoustics in that facility that relies on natural projection. It is not a
good theater, to put it bluntly, for drama. It is much too big and the
arrangement of the theater, particularly the proscenium stage is not well
suited to drama production.
Commissioner De Yurre: What's the difference?
Mr. Luft: What we need is a small 250 seat theater and that's what our
performing arts facility study has pointed out.
Commissioner De Yurre: What is the difference between using a nonprofit as
opposed to a for profit such as Bellas Artes, Teatro Marti, Las Mascaras, so
and so forth?
Mr. Luft: Well, a for profit, just like a commercial television station ends
at producing a very different product than a public supported television
station such as Channel 2. You get a different level of integrity and quality
in your production - a different audience really, an artistic production shall
we say, as opposed to more of an entertainment. And that's what's missing.
We do not have a place for small legitimate Hispanic theater companies to play
in Little Havana and that's what this is addressing. And ideally, that
component would be provided as a part of a specialty center complex.
Commissioner De Yurre: What success is the one at Gables having? - that you
mentioned a moment ago.
95 September 11, 1991
Mr. Luft: It's having a good success. It's obviously filling a need. It's
the center of the Hispanic theater festival right now.
Commissioner De Yurre: OK. Where is it located?
Mr. Luft: It's on Minorca - Minorca Playhouse.
Commissioner De Yurre: Is that the one that's close to Ponce?
Mr. Luft: It's Off... it's between Ponce and Le Jeune up near the old
Cinemateque Theater.
Mayor Suarez: With all due respect to the arts experts and our staff, et
cetera, and I am hearing Vice Mayor Plummer echo, my sentiments - I'm not an
expert and I am not a marketing expert, I am not an arts expert, Jack, but the
recent most feasible, most successful commercial project in Miami has been
Cocowalk with movie theaters and this was a movie theater, I remember going to
it as a movie theater.
Vice Mayor Plummer: As a kid.
Mayor Suarez: Yes. In Plummer's case, as a kid, in the last century and...
Vice Mayor Plummer: OK.
Mayor Suarez: Recently as a kid for J.L. Plummer, like within the last ten
years or so.
Vice Mayor Plummer: Just keep it up.
Mayor Suarez: And I hope that...
Vice Mayor Plummer: What is phone number?
Mr. Luft: You're talking about multiplex theaters of ten screens - eight and
ten screens.
Mayor Suarez: That's ancient history now. I'm sorry Jack.
Mr. Luft: You're talking about multiplex theaters of eight and ten screens,
which have just about eliminated the whole prior generation of single screen
theaters.
Vice Mayor Plummer: Well, but that's not true in the Latin community for
Latin movies and...
Commissioner De Yurre: Well, you're going to have like a fourplex.
Mr. Luft: For the economics of film production.
Commissioner De Yurre: You can have like a fourplex in a building... which is
the point that I am getting at.
96 September 11, 1991
- � s
Mayor Suarez: You can get four screens out of this building?
Commissioner De Yurre: You know, there is no place really in that area that's
walking distance, in that area, that you can go and see a Spanish movie, or a
hit movie with maybe, some titles or even a hit movie in English that people
can go to in that area.
Commissioner Alonso: That will be great to have a movie theater, that would
_
be great.
Mr. Luft: There is no reason that that can't combine with the drama theater,
but...
{i
I
Vice Mayor Plummer: My idea Jack...
Commissioner De Yurre: Well the thing is, do we want a drama theater there? -
I
,
that's what I am getting at. What do the people want in that community?
Mr. Luft: Do you want a specialty center there?
i'
Mayor Suarez: Are we making the decision? We are not making any decisions
about what's going to be there.
Mayor Suarez: I would hope we are not making that decision today.
Commissioner Alonso: No, not at all.
Vice Mayor Plummer: Well, whoa, whoa.
;'.
Commissioner Alonso: Not even part of...
i:
Vice Mayor Plummer: You are basically making some decisions today. OK? And
based on the fact, if you purchase this property, you are making a decision to
H
spend a lot more money to fix it up.
Commissioner De Yurre: A hell of a lot more money.
Vice Mayor Plummer: OK? Now, my concept of this theater was going to be that
it was going to be a theater, and my intent was...
Mayor Suarez: What the hell is a theater?
Vice Mayor Plummer: What?
Commissioner De Yurre: A movie house.
'
Vice Mayor Plummer: A movie house, cinema, whatever you call it.
!'
Commissioner Dawkins: What kind of movies?
Vice Mayor Plummer: What we are trying to accomplish with the Latin Specialty
Center is to attract people.
Commissioner Alonso: That's the idea, to attract people.
97 September 11, 1991
Vice Mayor Plummer: OK? That's the name of the game.
Commissioner Alonso: That's the idea.
Vice Mayor Plummer: Now, you know, as the Mayor said about Cocowalk, I don't
think Cocowalk would anywhere enjoy the amount of people that they have there
today if it wasn't for a movie theater. And God knows, it's needed as a movie
theater whether we put it out to the private sector, or whether we do it in-
house, but I just envisioned that a lot more people are going to go to that
theater as a movie theater than they are as a cultural activity.
Commissioner De Yurre: Look at the Bakery Center. The only activity that we
have a the Bakery Center is people going to the movies. There is really no
other reason to go the Bakery Center.
Mr. Luft: Commissioner.
Commissioner De Yurre: Same thing with Cocowalk, you know, those are... that
is the anchor to attract people into a complex.
Mr. Luft: Fortunately, a movie theater would be easily integrated into a
facility such as this. You drop a screen and you have a projection booth in
the back. I have watch my good friend, Nat Chediak and Dick Fendleman, go
down the drain as single screen operators trying to compete in a market of
major distributors for films.
Commissioner De Yurre: Well, we are talking about a fourplex, something along
those lines, not just one screen.
Mr. Luft: You are not going to get a fourplex in a ten thousand square foot
building.
Commissioner De Yurre: What the Miracle Theater? - they did the same thing
over there.
Vice Mayor Plummer: Let me ask this...
Mr. Luft: That's not ten thousand square feet.
Commissioner De Yurre: How many is that?
Vice Mayor Plummer: Let me ask this question. Has there been any
determination made that if in fact we purchase it and use it for either
activity, since that building has been vacant for so long, as to what the cost
would be to fix it up to utilize it? I mean, is the roof in good shape or the
walls falling? Has that determination been made?
Mr. Luft: Our appraisal... on a visual inspection of the facility as per our
appraisal, the one we paid for, was the opinion of the appraiser that the
structure was sound, and was rehabable, and could be utilized as a theater.
Vice Mayor Plummer: At what cost?
98 September 11, 1991
Mr. Luft: Well, that's where we have in this contract this purchase
agreement, that provides... and we're going to go in there with engineers and
environmental tests, and we have thirty days to take a closer look at that
building, and if it is not suitable, then we can reject the contract.
Mayor Suarez: Before we finalize the...
Mr. Luft: Before we close, yes.
Commissioner Alonso: Yes.
i!
Mayor Suarez: Before we close.
Mr. Luft: We will perform those studies and...
Mayor Suarez: We have a viewing of thirty days. Is it totally at our
discretion?
Mr. Luft: Yes. We have the right to walk away from this at no penalty after
thirty days if those tests prove that it is not suitable for our use.
Vice Mayor Plummer: Can you do those tests in thirty days?
Mr. Luft: But we have not been able to get in there to do those tests because
we don't control the building.
Vice Mayor Plummer: Can you do those test in thirty days?
Mr. Luft: Yes.
Vice Mayor Plummer: Every time I've had a hazard test done around here, it
takes ninety days.
Mr. Luft: No. Yes, we can.
Mayor Suarez: Hazards must be another provision in the agreement.
Vice Mayor Plummer: The asbestos.
Mayor Suarez: That's not within thirty days. That's got to be...
Mr. Luft: They have to produce the certification on that for us.
Mayor Suarez: Yes. That's regular due diligence of the closing.
Mr. Luft: That's right.
I'
;i Mayor Suarez: But to view it for our prospective uses and determine whether
we can in fact restore it, et cetera, we have thirty days?
Mr. Luft: Yes, sir.
Commissioner Alonso: Yes.
99 September 11, 1991
Commissioner De Yurre: Now, let me understand...
Vice Mayor Plummer: Wait a minute. Who is going to make a determination as
to what the cost factor or restoration to go and open the door is going to be?
Mr. Luft: It's very much a factor of the kind of use you make of the theater.
Vice Mayor Plummer: But, are the seats in good shape, or is the plumbing...?
Mr. Luft: No, there are no seats.
Vice Mayor Plummer: There are no seats?
Mr. Luft: No. There is nothing in there.
Commissioner De Yurre: There is nothing - you're getting a shell is basically
what you are getting.
i
Commissioner Alonso: You're been talking about five hundred thousand dollars
($500,000) haven't you?
Mr. Luft: To make a conservative - that is a high estimate of what it might
cost - we find that to renovate buildings of this sort, considering it's just
a shell...
Commissioner Alonso: Forty to sixty dollars.
Mr. Luft: ... might be fifty dollars a square foot for a ten thousand square
foot building.
Commissioner De Yurre: You know how much we are spending in San Carlos in Key
is West where we are redoing that theater, or that...?
Commissioner Alonso: Yes, let's not go into that.
Commissioner De Yurre: We are getting into... they are into the millions of
dollars there.
Mr. Luft: How many seats is that?
Commissioner De Yurre: Oh, not too many. No more than certainly than what we
have here.
Mayor Suarez: It's maybe, a bigger building overall.
Mr. Luft: Several hundred?
Commissioner De Yurre: No, I am talking about the actual theater. It's
unbelievable the amount of money that it's costing.
Vice Mayor Plummer: Jack, I'll tell you what.
Mr. Luft: Must be worth it.
100 September 11, 1991
Vice Mayor Plummer: I would like more than the thirty days. I think sixty
days is reasonable.
Mayor Suarez: Do we have a sixty-day viewing period?
Mr. Luft: We have a sixty-day to closing. We have thirty days to reject the
contract.
Mayor Suarez: Can we have a free sixty-day viewing period?
Vice Mayor Plummer: Well, I am talking about sixty days to walk away.
Mayor Suarez: Is there a representative of the seller here? You want to come
up and state your name and say if you have authority to agree to sixty days,
on the assumption that may be the only way to have this matter resolved
favorably to you - presumably, you want to sell this at this price.
Mr. Orlando Toledo: I do, Mr. Mayor and Commissioners.
Mayor Suarez: Name and address please.
Mr. Toledo: Orlando Toledo is my name. I am president of HBLT Corporation
which is the owner of the Tower Theater. I assume we would be willing to
extend the investigation period to another thirty days without a problem.
Mayor Suarez: I think it's a very reasonable request.
Commissioner De Yurre: Let me ask a couple of questions.
Mayor Suarez: Commissioner De Yurre.
i.
Commissioner De Yurre: You said there were two appraisals done in 191.
Mr. Luft: Yes, sir.
Commissioner De Yurre: One for two seventy-five and one for two ninety?
Mr. Luft: Yes, sir.
Commissioner De Yurre: And you said that the difference between the two
seventy-five and the two ninety, and the four thirteen, and the three and -a -
quarter, whatever, was the fact that they deemed the building to be of no
value.
Mr. Luft; They deemed the highest and best use for the purposes of those
appraisals to be a commercial redevelopment of the site.
Commissioner De Yurre: Yes, but you see - you've got to understand one thing.
In order for estimating what's going to happen, or looking into what's going
to happen in the future, it entails putting in millions of dollars into the
area. So, it is not justified to say that my property is worth a lot more
because of what you're going to do, because that's based on an investment of
millions of dollars. OK? So that is... that really is no validity as far as
I am concerned. I take it as it is right now...
101 September 11, 1991
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Mr. Luft: That's right.
Commissioner De Yurre: ... like what it's been for years. That is the value
that it's worth. If not, then, you know, you can't do business that way.
Now, if you're telling me that the two seventy-five and two ninety didn't
consider the building at all, as opposed to the four thirteen and a three and -
a -quarter, which did, then there is a value for that building. If there is a
value for that building and we go in to do inspections and it comes that the
building may not be structurally sound, maybe, that there is toxic waste
underneath like there was across the street, if we recalled that it cost a
significant amount of time and money to deal with that issue, that there is
C asbestos in the building which very likely there is, all these would cost "X"
t amount of dollars to fix. Would then the sellers be in a position to come
R down and apply the differential between those appraisals that took the
building into consideration and those that didn't? - say, if the differential
is like a hundred thousand dollars ($100,000) are willing to kick in a hundred
thousand dollars to bring it to at least, meet those requirements where it is
a structure that can be sold as is? Because then, you know, whatever you want
to do with it later.
Commissioner Alonso: That's why we have the sixty days - to negotiate and see
if the structure is sound or not, and if it's convenient for the City of
Miami. If not, then the City will have to go back and tell them we are not
pleased with the price and we walk out of the deal, or you reduce the price.
Commissioner De Yurre: OK. Then, can we proceed, can we...?
Mayor Suarez: Do we have that kind of discretion as the Commissioner just
stated, if it's convenient? In other words, do we have... or is it tied down
to determining...?
Commissioner Alonso: He said, and if the building is not sound.
Mayor Suarez: Structural sound. Or do we really have the ability, a sixty-
day viewing period where we simply say, you know, we've thought about it,
we've looked at it, it just isn't what we want and we're just going to step
away from it. That's the way I think of a sixty-day viewing period.
Commissioner Alonso: Make it in that direction, that we have sixty days.
Vice Mayor Plummer: Well, my understanding is, in the sixty day viewing
period, it has got to come back here for final approval.
Commissioner De Yurre: Oh, for sure.
Mayor Suarez: Yes, but we want to make sure that in the contract and in the
agreement with them, because this is subject to an agreement, J.L. that it has
the ability to be at our discretion. Not just because of the structural
soundness.
Commissioner De Yurre: Sole discretion.
Vice Mayor Plummer: He said we could walk away.
102 September 11, 1991
t Mayor Suarez: Well, but only... he put the parameter in, and that's what I
want to make sure. See, he is a little concerned.
Commissioner De Yurre: What we are looking at, and I'll make it in the form a
motion...
Mayor Suarez: Yes, please.
Commissioner De Yurre: ... that this approval that we're giving today is
conditional on us having a sixty-day period to walk away from it.
Mayor Suarez: Right.
Commissioner De Yurre: For no reason.
Mayor Suarez: Totally discretionary without any standards attaching. We want
a 60 day viewing period to reach a final agreement at this purchase price and
to convince ourselves that it's got all the right components, including
structural soundness and anything else - aesthetics, whatever.
Vice Mayor Plummer: Can we hear from the Latin Quarter people?
Mayor Suarez: Oh presumably they support all of this and the quicker the
better.
Vice Mayor Plummer: You know, maybe I'm not reading...
Mr. Ruben Avila, Jr.: Mr. Mayor, I'd like to be recognized, please.
Vice Mayor Plummer: Maybe I'm not reading the king's English here, but I read
a letter from them dated September lath. And it said they voted unanimously
against the utilization of the designated 1.8 million dollars for the purchase
of the off street parking lot and also the purchase of the Tower Theater.
Mayor Suarez: Oh, maybe I'm wrong then.
Vice Mayor Plummer: Well, that's what it says here.
Commissioner Alonso: Well the 1.8 has been used already for the purchase of
the land.
Commissioner De Yurre: OK, now, you know, but we've got to address that too,
you know. Because I have a problem in that all along we've been talking that
we have 1.7 million dollars to purchase the rest of the property that we
wanted. Now - hold, hold - now, all of a sudden, the money has gone to Off
Street Parking so we never had that money. I mean, like we've spent here
years, literally years, trying to purchase land when we didn't have the money.
Mr. Odio: No, no, that... Commissioner, let me remind you of what happened.
Remember the $300,000 grant we got from the state?
Commissioner De Yurre: Yes.
103 September 11, 1991
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Mr. Odio: We had to spend the money before June 30th this year...
1
Commissioner De Yurre: The three hundred.
r
Mr. Odio: ...and that's what we paid, $300,000. That's....
_f
Commissioner Alonso: Yes, but that's only three hundred thousand. What about
f
the rest? 21
s
Vice Mayor Plummer: That was a pass through.
Commissioner De Yurre: OK. OK. Now, but they're saying they've told me that
we have to buy or pay back Off Street Parking...
Mr. Odio: What?
Commissioner De Yurre: ...over a million dollars.
Mayor Suarez: I've not voted to do that.
Mr. Odio: I didn't say... I'm not aware of that.
Mayor Suarez: They might think they're going to get paid for it, but my idea
is that they would be part of the project without being paid back their
capital.
Mr. Odio: They're not going to get paid that.
Commissioner De Yurre: No, but that is... Well, let me get the minutes here.
Commissioner Alonso: Well, why don't we get a clarification from the City
Manager and from whoever has the information to let us know where is the
money? -the 1.8?
Commissioner De Yurre: Here we go. Here... _
a
Commissioner Alonso: Do we have the money or we don't? Where is the money?
Mayor Suarez: Commissioner De Yurre, where are you reading from there?
Commissioner De Yurre: I'm reading from...
Mr. Jack Luft: The intention...
Mayor Suarez: This is related to the same question. I want to make sure that
i we know where we're...
K
Commissioner De Yurre: These are the minutes from the last meeting that we
had. And basically, what these minutes say, and it was Herb Bailey talking,
saying that, you know, the only money left was the money to purchase... the
i $388,000 was left because everything else had to go to Off Street Parking.
Mayor Suarez: I did remember hearing that.
104 September 11, 1991
Commissioner Alonso: Well, they have to let us know where the money went.
Commissioner De Yurre: OK.
Mayor Suarez: I let is pass, but I have no intention, for myself, of paying
the Off Street Parking Authority anything, unless somebody justifies that
capital reallocation. I don't see why we would.
Commissioner Alonso: Oh, that's very conveniently, they move it one way or
another when it's convenient to them.
Mayor Suarez: Right, I'm not ready to vote on that. And we're not asked to
vote on that today. The Tower Theater, presumably, is an integral part of
whatever we do there, and stands on its own.
Vice Mayor Plummer: Yes, but the question I'm asking again, based on this
letter, it says that they unanimously have voted against the designation of
the 1.8 million for the Off Street Parking lot and also the purchasing of the
Tower Theater.
Mr. Odio: OK, now... It just came back. Mr. Mayor, in order for us to
develop the Latin Quarter...
Mayor Suarez: Right.
Mr. Odio: Specialty Center where the Pub used to be - that's the Pub we're
talking about - we would have to purchase that with the monies we had, that
corner, plus the other lots from the Off Street Parking and whoever other...
Mayor Suarez: I'm not voting to purchase anything from the Off Street Parking
Authority.
Commissioner De Yurre: With what money?
Mr. Odio: Huh?
Commissioner De Yurre: With what money then?
Mr. Odio: With the 1.7 or whatever we had.
Commissioner De Yurre: And then, Cesar, so we have some common sense here...
Mr. Odio: That's...
Commissioner De Yurre: OK, if that is the case...
Mr. Odio: Right...
Commissioner De Yurre: ...what have we been doing in the four years that I've
been here sitting on this Commission? If it isn't having available always
1.7, 1.8 million dollars, to purchase additional land. Additional - not to
take care of what we already have and pay it off.
105 September 11, 1991
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Mayor Suarez: Sure. My understanding is that the Off Street Parking had
purchased that property. They were part - in fact, they were the proponents
of this project - they were the people who were doing this project and that
was their contribution. It would be for parking...
Mr. Odio: Well, wait, we...
Commissioner Alonso: But... _
Mayor Suarez: ...they would get their return...
Mr. Odio: That's, right, that's, right.
! Mayor Suarez: ...on their investment from the use of that. And that's still —
my understanding. And if they want to change that...
Mr. Odio: Let me remind you...
i
Commissioner Alonso: Mr. Mayor, that's what I was saying the last Commission
meeting.
1'.
Mr. Odio: We don't have to buy it.
Commissioner Alonso: 1 was saying, we don't have any money. According to -
them, that money goes...
Mayor Suarez: I remember you saying that.
Commissioner Alonso: ...to the lot. And I say, why are we doing any more
appraisals of land in the back when, in fact, they are telling us there was no
money. And I think that you people, perhaps, didn't understand me what I...
the point is exactly that point. We thought, at some point, or at least even
before I was a Commissioner, the opinion of this Commission was that the money
was available. In fact, it seems it's not that way. And that's something
! that we will have to make very clear and say, the money still is available...
Mayor Suarez: It sure is as far as I'm concerned.
Commissioner Alonso: ...and we will use it to acquire other properties.
Mayor Suarez: It sure is as far as I'm concerned.
Commissioner Alonso: OK.
Mr. Odio: Do you have the...
Vice Mayor Plummer: Am I to understand that what...
Mr. Odio: If we go somewhere else, you have the money.
Vice Mayor Plummer: But are they say...
Commissioner De Yurre: What do you mean, if we go somewhere else?
106 September 11, 1991
Vice Mayor Plummer: I'm asking for the Latin Quarter to speak.
Mr. Odio: Let's say we buy Sheehan Buick.
Commissioner De Yurre: No, no, no, what if we buy...
Mayor Suarez: We're going to get...
Commissioner De Yurre: The concept was, that we're going to buy that whole
block with the 1.7 million dollars.
Mr. Odio: Well, what happened is, if you look at this map...
Mr. Luft: We came to you in March with a purchase agreement for the church,
for two commercial properties on 8th Street and two apartment buildings on 7th
Street, using the 1.7 million to add as much land as we could afford to buy,
to the Off Street Parking Authority site so that a large, presumably
sufficient for a specialty center project, could be built that would make
sense for a parking authority to build a garage.
Mayor Suarez: How could you do that with the money available, if you were
building in the assumption that you have to pay the Off Street Parking...
Mr. Luft: The assumption was, the Off Street Parking Authority would have a
site suitable for a garage...
Mayor Suarez: Right.
Mr. Luft: ...and we would buy everything around it to build the center that
would make...
Mayor Suarez: Thank you, thank you. So were on the same wavelength.
Mr. Luft: ...make the garage necessary.
Mr. Odio: Yes, yes, but...
Mr. Luft: But, we couldn't afford to buy, and this Commission rejected the
purchase of those other four parcels...
Mayor Suarez: Right, well that wasn't just affording it. It was the price
that was being asked and everything.
Mr. Luft: That's right. It was way out of line. So...
Commissioner Alonso: So you are saying that the money is there, and it's not
there. If we just use the vacant land for the specialty center or something
J smaller, then the money will be used to that. If we do it to the extent that
it was planned at the beginning, then we will have... the money will still be
available to acquire more property.
Mr. Luft: Correct.
Vice Mayor Plummer: Then where are you going to get...
107 September 11, 1991
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Mr. Luft: But the Parking Authority is not going to keep a site to build a
garage on, if we don't own anything else.
Vice Mayor Plummer: But where are you... if you don't use that money...
Mr. Luft: They're going to sell it.
Commissioner Alonso: They've got to remain there.
Mr. Luft: And then we've got nothing.
Vice Mayor Plummer: If you don't use that money to purchase the theater,
where is the money going to come from?
Mr. Luft: If I don't use what?
Vice Mayor Plummer: If I understand this letter that I keep trying to get
back to, they are saying, buy the theater, but don't use the 1.8 million
dollars to do it.
Mr. Odio: Do you have a bank that's going to give us...
Vice Mayor Plummer: Now where is the money going to come from if it doesn't
come from the 1.8?
Mr. Luft: There is none.
Mayor Suarez: Yes, some of it has to come from the 1.8. You understand that,
don't you?
Commissioner Alonso: Of course.
Mr. Luft: There isn't any.
Commissioner Alonso: Of course.
Vice Mayor Plummer: Some of it. Where is any of it going to come from is my
question?
Commissioner Alonso: Some of the money will...
Mr. Elio Rojas: How much do we have to buy the theater right now?
Mr. Odio: You have a million...
Mayor Suarez: What?
Mr. Rojas: It's about three hundred million dollars, right?
Mr. Odio: You have a million, seven hundred thousand dollars. You take three
hundred and eighty-eight thousand from there if you want to buy the theater.
Mayor Suarez: Right.
108 September 11, 1991
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Mr. Rojas: How much?
Mayor Suarez: Three hundred and eighty-eight thousand dollars. It's right
on...
Mr. Odio: Whatever...
Mr. Rojas: Three hundred and eighty-eight for the one million point seven.
Mayor Suarez: Right.
Mr. Rojas: So how much left we have to buy the land for the specialty center?
Commissioner De Yurre: One point three.
Mayor Suarez: Presumably, there's approximately 1.4 million.
Mr. Rojas: That's not even enough, what we have right now, one million point
seven.
Mayor Suarez: Well, it's a helluva lot more than you're going to get if you
oppose this, because that's the only thing we've got.
Mr. Rojas: Mr. Mayor, I'm try to explaining to you so many times to you
people. And we are working very hard. We are taking appraisal from my own
and there is a property right on the corner from seven hundred thousand,
twenty-five, that give to you appraisal. I mean, the proposal was it, OK.
And...
Commissioner Alonso: I don't understand what he's saying.
Mr. Rojas: And then I get it for five hundred million dollars.
Commissioner De Yurre: Five hundred million.
Mr. Rojas: Yes, five hundred thousand dollars.
Vice Mayor Plummer: Five hundred million?
Commissioner De Yurre: I'm not going to vote for that one.
Mr. Rojas: Sorry. OK?
Commissioner Alonso: I don't understand understand, I don't understand. What
did you say?
Mr. Rojas: The real estate asking seven hundred thousand, twenty-five...
Commissioner Alonso: For what?
Mr. Rojas: For the furniture store, right on the corner, the 15th Avenue and
8th Street.
109 September 11, 1991
Commissioner Alonso: Your furniture store?
Mr. Rojas: Yes, well... He owns the furniture... he owns the building.
Commissioner Alonso: I know he does not...
Mr. Rojas: I said, the building.
Commissioner Alonso: They are asking how much?
Mr. Rojas: Seven hundred thousand, twenty-five.
Vice Mayor Plummer: Seven hundred and twenty-five thousand.
Mr. Rojas: Seven hundred, twenty-five thousand dollars. And I get it for...
Commissioner Alonso: And what it has to do with all of this?
Mr. Rojas: And I get it five hundred thousand dollar.
Mayor Suarez: Let me explain something... Hey, wait, wait...
Mr. Rojas: And the owner... I have the appraisal, you have it on your own.
It's right there, it's right there.
Commissioner Alonso: I'm not clear.
Mayor Suarez: Sir, sir, sir, let me explain something to you. This
Commission came that close to moving away from the Latin Quarter area
altogether, and going to some other area to build this project.
Mr. Rojas: Yes, I don't know why.
Mayor Suarez: I didn't ask you. I didn't ask you, I'm telling you something.
Now listen. We are now once again, by magic and prayers and everything else,
including your own prayers, focusing on your corner. This Commission is of a
mind, I think unanimously, to acquire, if we get it for a fair price, the
Tower Theater as part of what is being done in that area. And we're about to
do that. Now, to answer your question, it will not, at least from what I
hear, use up this 1.7 million dollars. It will use up $388,000, I believe it
is. That leaves us a substantial amount of additional money. The Off Street
Parking Authority, which purchased the lots that we thought were going to be
part of this project, would want us to pay them back for that. And I
guarantee you that they don't have my vote for that, and I think I've heard at
least one other Commissioner say they don't have her vote on that, and we'll
have to see about that. In the meantime, it is essential, from our planning
standpoint, as told to us by our experts, that we at least acquire this Tower
Theater. No one who has ever looked at the idea of a Latin Quarter Specialty
Center believes that the Tower Theater is not an integral part of it. It is.
Commissioner Alonso: It is.
Mayor Suarez: I mean, if anything is, that would be it. That is Little
Havana. That's what we... the architecture, the location, everything else.
110 September 11, 1991
So, if you were inclined to try to stop us from doing that, you would be
really doing harm... we're not going to necessarily be convinced anyhow, but
you would be doing harm to your own purposes, whether it's to acquire...
Commissioner Alonso: A disservice.
Mayor Suarez: ...across the street or anything else. A disservice, that's
the word. Thank you.
Commissioner Alonso: That's right.
Mayor Suarez: To your own purposes. So I would not recommend that. Any
other lands that you think ought to be acquired, and for what amount, that's a
whole different issue. This one, I think this Commission is ready to look at
for 60 days, and possibly acquire. Then we're going to have our little
battles with the Off Street Parking Authority. I want to see their
involvement without any capital allocation of monies. They're supposed to
j be... they were supposed to do this project four years ago. They didn't do
anything. So, as far as I'm concerned, we're not in the position of giving
them any capital returns on their investment.
Commissioner De Yurre: Mr. Mayor, so maybe we can...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ...we can wrap this up. I, if we have that 60 day
window that we can walk away for no reason...
Mr. Luft: Let me read you what it says.
Commissioner De Yurre: No, let me tell you what I'm saying. OK?
Mr. Luft: OK. Is this going to say what you're saying?
Commissioner De Yurre: OK, great, wonderful. That we can walk away within a
60 day period from the contract, then, on that condition, you've got my vote.
Additionally, when we do structural testing on the property, I would like to
see for them to test it, that we can use that structure, that shell, to build
like a fourplex in there. OK? And to see if the building will hold
structurally...
Mayor Suarez: It could support that kind of a...
Commissioner De Yurre: That's what I want to know when they do the testing.
If it will hold... that will be part of my consideration as far as a fourplex.
Mayor Suarez: Is it structurally...
Commissioner Alonso: Could you clarify... are you saying to add to the
building?
Commissioner De Yurre: No, no, no, within the building.
Commissioner Alonso: Additional... within the building.
111 September 11, 1991
Commissioner De Yurre: Within the building...
Commissioner Alonso: Yes.
Commissioner De Yurre: ...to divide it in such a way...
Mayor Suarez: If it can house a four...
Commissioner Alonso: Yes, I see. OK.
Commissioner De Yurre: ...that we can have like four screens in there or two
screens or three screens. But something that will tell us that we can be
done.
Mayor Suarez: Maximize the use as a movie theater, Jack.
Commissioner De Yurre: OK?
Mayor Suarez: The rest is very nice. We'd like to see it. God knows, maybe
it could even be returned, something to the community.
Commissioner De Yurre: OK, and...
Mayor Suarez: Certainly the cultural value, but commercially.
Commissioner De Yurre: And certainly another consideration which is going to
carry a lot of weight with my decision, is the fact that we can take the
balance of that 1.7 and use it to acquire additional property in the immediate
area that we deem appropriate for what we want to do.
Commissioner Alonso: Of course. Of course, that's the idea.
Mayor Suarez: Absolutely, absolutely.
Commissioner Alonso: I think... I'm glad that it is so clear.
Mayor Suarez: If we don't have that understanding with DOSP (Department of
Off Street Parking), this deal is not going to go through.
Commissioner Alonso: Exactly. And I think the point that... and why the City
of Miami is even considering the purchase of the theater is because we want
people to come to the area.
Vice Mayor Plummer: Exactly.
Commissioner Alonso: And that's the center of that, lights, people walking in
the street, eating in restaurants, buying. It will make the area look safer.
That's the idea. That's why the City of Miami is involved in this project.
And I think...
Vice Mayor Plummer: And it's doable quickly.
112 September 11, 1991
Commissioner Alonso: Exactly, exactly. And it will provide the confidence to
merchants, as well as new investors, that the City of Miami has enough faith
in the area as to do something now.
Commissioner De Yurre: OK, well if that...
Commissioner Alonso: Rather than the long term, that means the Latin Quarter
Specialty Center, that in my book it has been going on for more than ten
years. And who knows if it will happen or not, hopefully wi11, but I doubt
that it will ever happen.
Commissioner De Yurre: OK, well that's my motion. And...
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: Is the 1.4 million dollars in the bank?
Mr. Luft: Yes.
Mayor Suarez: OK, clarification - yes.
Mr. Luft: One point seven. One point seven.
Commissioner Dawkins: Beg your pardon?
Mr. Luft: One point seven and change.
Commissioner Dawkins: Is in the bank.
Mr. Luft: Yes.
Commissioner Dawkins: No farther questioning.
Mayor Suarez: Call the roll.
Commissioner Dawkins: In what account?
Mr. Luft: I don't have the number.
Commissioner Dawkins: OK...
Mayor Suarez: It's a separate account. I mean, it's a segregated account.
! It's not just in the...
Mr. Luft: Yes, it's...
113 September 11, 1991
Mayor Suarez: The City Manager's relief fund.
Mr. Luft: Believe me.
Mayor Suarez: Right, it's identifiable.
Commissioner Dawkins: OK, all right, OK. No further questions, Mr. Mayor.
Mr. Luft: Capital improvements...
Mr. Avila: Mr. Mayor, I'd like to be recognized, please.
Commissioner Alonso: That is a ... account - the City Manager...
Mayor Suarez: I can't imagine what possible relevancy you would have. I'm
going to call the roll. You can come back at 2:30 and you can say whatever
you want. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-635
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE PROPERTY
OWNER FOR ACQUISITION OF ONE PARCEL, THE TOWER
THEATER, (PARCEL A - LOT NOS. 2-5 AND 2-6) WITHIN THE
LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA AND
THE LATIN QUARTER, AND WHICH IS MORE PARTICULARLY AND
LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "A", TO BE
USED FOR THE DEVELOPMENT OF A COMMUNITY PERFORMING
ARTS THEATER AND CULTURAL CENTER; ALLOCATING FUNDS
THEREFOR, IN THE TOTAL AMOUNT OF $388,121, FROM MONIES
APPROPRIATED IN THE FISCAL YEAR 1990-'91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, ADOPTED SEPTEMBER 27,
1990, WHICH ORDINANCE APPROPRIATED THE AMOUNT OF $1.8
MILLION FOR PROJECT NO. 321038 OF SAID ORDINANCE,
ENTITLED "LATIN QUARTER SPECIALTY CENTER" AND WHICH
MONIES ARE AVAILABLE FOR THE ACQUISITION OF THE
SUBJECT PROPERTY; AND AUTHORIZING THE CITY ATTORNEY TO
PROCEED TO CLOSE ON THE SUBJECT PARCEL AFTER
EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF
OPINION OF TITLE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
114 September 11, 1991
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavibr L. Suarez
NOES: None.
ABSENT: None.
_ Mayor Suarez: And you're welcome to come at 2:30 and comment on this further
if you oppose it. If you support it, I strongly recommend you go home.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:27 P.M. AND RECONVENED AT 2:40 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
24. RENAME SHENANDOAH PARK SOFTBALL FIELD AFTER EMILIO ARECHAEDERRA -
PROCLAIM SEPTEMBER 8, 1991 AS: EMILIO ARECHAEDERRA DAY.
------------------------------------------------------------------------------
Mayor Suarez: We're back in session. Thank you. May we have the attention
of the administration, boxing coach...
Vice Mayor Plummer: No, you can't have the attention, because I have it.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Yes, sir, Mr. Mayor. This has to do with one of our
special appearances. It's that, and a little bit more than that. We have
Emilio Arechaederra, who, for over 30 years, has been involved in the City of
Miami with softball programs. He is a very dear friend of the Cuban
community, and the softball world. A lot of history, those Cubans that
started playing ball like 30 years ago at Curtis Park, know what I'm talking
about. And Curtis Park, Shenandoah, and some of our other parks, and we've
taken this opportunity to have the Emilio Arechaederra Day in the City of
Miami, and I want to, in conjunction with the rest of the Commission, proclaim
this day, the 8th of September, Sunday, as "Dia de Emilio Arechaederra," in
conjunction with, I would like to make a motion at this time that for all that
he's done and what he signifies to this community, that we take the softball
field of Shenandoah Park and name it after him, the Emilio Arechaederra Field.
And I would move and, hopefully, and get somebody to second my motion.
Commissioner Alonso: Second.
Commissioner De Yurre: Second. Do you want to call the roll on that before
we do this?
115 September 11, 1991
Mayor Suarez: Call the roll on that, Madam City Clerk, while we're in our
ceremonial...
The following resolution and motion were introduced by Commissioner De
Yurre, who moved their adoption:
RESOLUTION NO. 91-636
A RESOLUTION NAMING THE SOFTBALL FIELD IN SHENANDOAH
PARK "EMILIO ARECHAEDERRA SOFTBALL FIELD."
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
MOTION NO. 91-636.1
A MOTION PROCLAIMING SUNDAY, SEPTFABER 8, 1991, AS
"EMILIO ARECHAEDERRA DAY" AND AUTHORIZING THE NAMING
OF THE SOFTBALL FIELD IN SHENANDOAH PARK FOR EMILIO
ARECHAEDERRA.
Upon being seconded by Commissioner Alonso, the resolution and motion
were 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: Emilio is going to say a few words.
Mr. Emilio Arechaederra: ES UNICAMENTE PARA DARLES LAS GRACIAS A TODOS LOS
COMISIONADOS ASI COMO AL QUE INICIO ESTO, NICO FERNANDEZ, QUE FUE EL SE LE
OCURRIO ESTA IDEA Y A LOS DEMAS COMPANEROS COMO FERNANDO LOCARRIA Y MARIO PENA
QUE TRABAJARON CONMIGO Y ME AYUDARON DURANTE ESTOS 28 ANOS. YO GOCE MAS QUE
ELLOS, QUE TODOS LOS JUGADORES, PORQUE ESE ES UN DEPORTE QUE SIEMPRE ME GUSTO.
MUCHISIMAS GRACIAS A TODOS.
(APPLAUSE)
116 September 11, 1991
25. GRANT REQUEST BY CARIBBEAN AMERICAN FESTIVAL FOR RENTAL FEE WAIVER FOR
USE OF BICENTENNIAL PARK - GRANT CLOSURE OF DESIGNATED STREETS.
Mayor Suarez: We have quite a few items to go through in the afternoon
agenda. And, of course, the budget. I thought I saw out there somewhere Mr.
Selman Lewis on the Caribbean Festival. If he's around, and somebody would
let him know that if he has his funding issues resolved, we might be able to
take him.
Vice Mayor Plummer: Are we finished?
Mayor Suarez: Did you want to make a quick presentation on that? -under the
assumption that there's nothing controversial left and that you have a
festival coming up - what date?
Mr. Selman Lewis: October 11th through the 13th.
Vice Mayor Plummer: Move it.
Mayor Suarez: OK. The moving...
Vice Mayor Plummer: Moving the rental fee of the park.
Mayor Suarez: And not any of the things that involve an expenditure by the
City, let's clarify it, please.
Vice Mayor Plummer: Everything else has to be paid as normal, police, fire,
sanitation...
Mr. Lewis: Yes, that's how I intend.
Vice Mayor Plummer: Yes.
Mayor Suarez: And we're paid up on the last year, and everything is under
control.
Mr. Lewis: We're paid up finally, yes.
Mayor Suarez: Thank you. Second, Commissioner Aionso. Any discussion? If
not, please call the roll.
The following motion was introduced by Cc,rmissioner Plummer, who moved
its adoption:
THIS MOTION IS FORMALIZED AND CONTAINED IN RESOLUTION
91-637 BELOW.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
117 September 11, 1991
2.
U
�j
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. Odio: He needs the street closures. He didn't mention. So you have to
put that on the record, and request the street closures.
Vice Mayor Plummer: What street?
Mr. Lewis: It's north on starting at Dupont Plaza as recommended by the City
of Miami Police Department on Biscayne Boulevard into Bicentennial Park.
Vice Mayor Plummer: Can I offer you an idea that maybe could save you some
money? If you're going from the Dupont Plaza, take the beautiful walkway
alongside the water, and that will lead you right up to Bicentennial and you
won't need to have to stop traffic. And you won't need all those policemen,
and it's a beautiful walk.
Commissioner Alonso: It is.
Mr. Lewis: Our police cost is less than half of what it was last year. And
the reason being that the festival is so...
Commissioner Dawkins: He's not listening, J.L., go ahead. He's trying to
save you money.
Vice Mayor Plummer: Well, I'll tell you what. I'll move the street closure,
but I think if he doesn't avail himself of something that can reduce his cost
tremendously, I think you're making a mistake.
Mayor Suarez: We're going to move that, but consider the alternative. You
might save a lot of money, some.
Mr. Lewis: OK, definitely, Commissioner.
Mayor Suarez: Which is money back in the pot for future festivals.
Vice Mayor Plummer: Very definitely.
Mr. Lewis: We need to save all the money we can.
Mayor Suarez: Yes.
Vice Mayor Plummer: Very definitely.
Mr. Lewis: OK. Thank you.
Mayor Suarez: So moved.
118
September 11, 1991
i
Commissioner De Yurre: Second.
Commissioner Alonso: Second.
Mayor Suarez: Any further discussion? If not, please call the roll. I think
we already had...
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-637
A RESOLUTION RELATED TO THE CARIBBEAN AMERICAN
CARNIVAL 1991 PARADE AND FESTIVAL TO BE CONDUCTED BY
CARIBBEAN AMERICAN CARNIVAL, INC., ON SUNDAY, OCTOBER
13, 1991, AUTHORIZING THE CLOSURE OF DESIGNATED
STREETS TO THROUGH VEHICULAR TRAFFIC; SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; FURTHER
AUTHORIZING THE WAIVER OF THE RENTAL FEE OF
BICENTENNIAL PARK; CONDITIONED UPON THE ORGANIZERS
PAYING FOR THE NECESSARY COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
26. GRANT REQUEST BY MIAMI-AMATEUR BASEBALL ASSOCIATION FOR RENTAL FEE WAIVER
FOR USE OF MIAMI STADIUM (18 NIGHTS AND 12 DAYS).
Mayor Suarez: Yes, Commissioner...
Commissioner De Yurre: Mr. Mayor...
119
September 11, 1991
a
Mayor Suarez: Yes, Commissioner...
Commissioner De Yurre: We have here Pepin Prieto the Miami Amateur Baseball
Association, that he would like to request the use of the Miami Stadium and
the organization.
Mayor Suarez: What have we done other years? Is this a waiver situation that
we have typically supported or not?
Commissioner De Yurre: Usually we waive the cost of the stadium since, you
know, they do pretty much all the work themselves as far as, you know, drawing
the lines on the field and doing all that kind of work.
Commissioner Alonso: Yes, it's not out-of-pocket expenses.
Commissioner De Yurre: It's just kind of a... just open the doors kind of
thing...
Commissioner Alonso: Yes.
Commissioner De Yurre: ...and let them use it for their baseball tournament.
Commissioner Alonso: Yes.
Vice Mayor Plummer: They're going to clean up?
Mr. Juan B. Huarte: They will clean up.
Commissioner Alonso: Yes, they will.
Vice Mayor Plummer: For how many days?
Mr. Huarte: We will. Thirty days.
Mayor Suarez: OK, yes, it's...
Vice Mayor Plummer: Thirty consecutive days?
Mr. Huarte: No. We play part of the days in the Bicentennial and part of the
days on the...
Vice Mayor Plummer: But is it 30 days from the first of the month to the
first?
Mr. Huarte: From September 19th to December 18th.
Vice Mayor Plummer: December 18th.
Mr. Huarte: Yes.
Vice Mayor Plummer: And there is...
Commissioner De Yurre: Well, they're going to pay like... they play like
weekends. CUANDO VAS A JUGAR?
120 September 11, 1991
Mr. Huarte: Yes.
Vice Mayor Plummer: But, wait a minute. There's no conflict?
Commissioner Alonso: No.
Vice Mayor Plummer: In scheduling dates is what I'm saying.
Mr. Odio: The cost is the electricity and the personnel we have to have
there. So you're...
Vice Mayor Plummer: Well, they have to pay that. I'm sure they understand
that they will have to pay for the electricity and any personnel.
Mr. Huarte: No, that is what we're asking.
Commissioner De Yurre: Well, how much...
Mr. Huarte: We're asking that the City pay the electricity.
Commissioner De Yurre: How much is the electricity?
Mr. Odio: Twenty thousand dollars.
Commissioner De Yurre: For night... how many night games are we talking
about?
Commissioner Alonso: What do you mean twenty thousand dollars?
Mr. Odio: Hey, by the time you...
Mr. Huarte: I'm talking about 18 nights.
Commissioner De Yurre: Eighteen nights?
Vice Mayor Plummer: It's $139 an hour.
Commissioner De Yurre: So that's $500 an hour, 18, that's $9,000.
twenty.
Mr. Huarte: The electricity is only on Tuesday and Thursdays.
Vice Mayor Plummer: Well, we're taking it from them that it's...
Mr. Huarte: Yes.
Vice Mayor Plummer: ...$20,000 item. Now, if it's less...
Mr. Odio: This is...
Vice Mayor Plummer: Is this a profit or nonprofit?
Commissioner Alonso: Nonprofit.
That's not
121 September 11, 1991
Mr. Odio: No, no, no...
Mr. Huarte: No, it's a nonprofit.
Vice Mayor Plummer: And who is the money going to that any money that would
be made?
Mr. Huarte: No, we mention nineteen seven hundred as a figure, but the City
doesn't have to pay that because we pay for the cleaning, we pay for the
security, we pay for everything. The only thing we are asking is...
Mr. Odio: I tell you...
Mr. Huarte: ...is electricity.
Mr. Odio: I will recommend it because what you're talking about... the rent
is $16,000. So the difference is not that much.
Vice Mayor Plummer: Well, we're waiving the rent.
Mr. Odio: Yes, that's what you're waiving. You're waiving the...
Vice Mayor Plummer: For sixteen?
Mr. Odio: Sixteen thousand, two hundred dollars.
Vice Mayor Plummer: Victor, your motion is is to waive what the Manager has
recommended?
Commissioner De Yurre: Well, what does he say now? Are you going to...
Mr. Odio: The rent...
Vice Mayor Plummer: Don't ask.
Commissioner Alonso: You are saying that it's all right. You move, I second.
Vice Mayor Plummer: Don't ask, please.
Commissioner De Yurre: OK. It's OK, what they're requesting is OK, I move.
Vice Mayor Plummer: With the Manager... yes.
Commissioner Alonso: Yes.
Vice Mayor Plummer: Mas of menos.
Commissioner Alonso: Exactly.
Commissioner De Yurre: The recommendation of the Manager.
Commissioner Alonso: Yes.
122 September 11, 1991
T
Vice Mayor Plummer: Mas o menos. Don't say no more.
Commissioner Alonso: This is one of the...
Vice Mayor Plummer: Shhhhhhhh!
Commissioner De Yurre: Call the roll.
Commissioner Alonso: ...in the City of Miami. We have a motion, second, go
ahead.
Vice Mayor Plummer: [expletive deleted]
Commissioner De Yurre: Call the roll.
Vice Mayor Plummer: Call the roll before somebody else wants to talk.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-638
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE MIAMI AMATEUR BASEBALL ASSOCIATION
(MABA) FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL
STADIUM FOR THE STAGING OF 18 NIGHTTIME AND 12 DAYTIME
_ BASEBALL GAMES DURING THE PERIOD FROM SEPTEMBER 19 TO
DECEMBER 18, 1991; FURTHER WAIVING THE USER FEES FOR
THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM IN
AN AMOUNT NOT TO EXCEED $16,000, SUBJECT TO THE
ORGANIZERS PAYING FOR ALL NECESSARY CITY SERVICES AND
OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner 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:
123
September 11, 1991
Commissioner De Yurre: Thank you.
Vice Mayor Plummer: He is out... he votes yes.
Commissioner De Yurre: Yes, he said yes.
Commissioner Alonso: Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: Item fifteen.
Commissioner Alonso: Now... but, no, just a minute, just a minute...
z Vice Mayor Plummer: Momentico.
Commissioner Dawkins: Wait a minute, now, wait a minute.
t
Commissioner Alonso: I have one item I've been trying to get.
i
Commissioner Dawkins: Wait a minute, wait a minute...
Vice Mayor Plummer: Ladies first.
Commissioner Dawkins: But, I'm not...
Vice Mayor Plummer: Wait a minute, ladies...
Commissioner Dawkins: No, no, no. No, no. When I am not in the chamber, I
get a letter saying, you have to be in the chamber to vote. Now, the Mayor is
not in the chamber!
Ms. Hirai: So will he, sir.
Vice Mayor Plummer: He's right here. What's that look like to you? -fried
eggs?
Commissioner Dawkins: Al right then, all right. Let me see him.
Vice Mayor Plummer: Go scramble your own.
Commissioner Dawkins: OK, no problem. Just treat me like you treat everybody
else, that's all.
Vice Mayor Plummer: Mayor Suarez, would you stand up and identify yourself,
please. Thank you, sir.
Commissioner Dawkins: I see him.
124 September 11, 1991
27. GRANT FUNDING REQUEST BY INTERNATIONAL FREE ZONE ASSOCIATION IN
CONNECTION WITH ITS CONFERENCE AT THE KNIGHT CONVENTION CENTER.
Vice Mayor Plummer: Commissioner Alonso.
Commissioner Alonso: Yes, I'd like to recognize Nelcida Chahoff. She has an
item...
Vice Mayor Plummer: Nelcida, would you come to the podium, please.
Commissioner Alonso: Yes, in reference to the International Free Zone's
conference. Would you like to explain your request?
Ms. Nelcida Chahoff: Yes, thank you.
Vice Mayor Plummer: Pull the microphone closer, please. First, start off by
giving us your name and mailing address, in the United States.
Ms. Chahoff: Nelcida Chahoff, executive director of the Dominican American
Chamber of Commerce. The address is 7260 N.W. 68th Street. I'm here to
request the waiving of the fee of the Miami Convention Center for the purpose
of the exhibitor of the International Free Zone Conference of the Americas in
which we have confirmation of 23 countries participating, and we have the
request of the Caribbean islands, that they also like to assemble in Miami...
Vice Mayor Plummer: All right. To answer the question, legally we cannot
waive the fees. How much is involved? We can give a grant to cover, but we
can't waive. How much are you talking about?
Ms. Chahoff: I was informed there is $8,400.
Commissioner Alonso: Yes, the way that...
Vice Mayor Plummer: Well, we've already granted it.
Commissioner Alonso: ...Tony Pajares explained to me... Mr. Pajares, would
you explain to us the way to do this?
Mr. Tony Pajares: I'm sorry. What....
Commissioner Alonso: The request that they made in reference to the
conference. When I asked you if you were in agreement, you explained to me
and gave me a beautiful solution.
Vice Mayor Plummer: Hal
Commissioner Alonso: Would you state it to us?
Mr. Pajares: As you know, the fees cannot be waived at the Knight Center.
125 September 11, 1991
e
Commissioner Alonso: I know.
Mr. Pajares: The Commission can grant her... give her the money to pay for
the meeting space. Not from my budget.
Vice Mayor Plummer: Well, where else? This is your suggestion.
Mr. Pajares: No, no, no, it's not my suggestion.
Vice Mayor Plummer: No, no, no. You were the loud mouth, go ahead now. I
mean, you know...
Commissioner Alonso: People...
Vice Mayor Plummer: Don't choke.
Mr. Pajares: No, no.
Commissioner Alonso: You give the money, and the money comes back to us.
Mr. Pajares: Correct. The proposed expenditure for the space is about
$8,400. We take the cost out of that, which is about three thousand. So the
actual space would be about $5,400.
Commissioner Alonso: Yes.
Mr. Pajares: The Commission wants to give her that, she has to pay us. You
give her the money, and she pays us.
Vice Mayor Plummer: From your budget?
Mr. Pajares: No, sir...
Vice Mayor Plummer: What do you mean, no, sir? You're the one that suggested
she travel that route.
Mr. Pajares: No.
Commissioner Dawkins: That's a washout, huh, Tony?
Vice Mayor Plummer: That's right.
Mr. Pajares: No, as a matter of fact, no.
Vice Mayor Plummer: Huh?
Commissioner Dawkins: That's a washout, huh, Tony?
Vice Mayor Plummer: That's right.
Mr. Pajares: No.
Vice Mayor Plummer:
That's right.
126
September 11, 1991
1
Mr. Pajares: Let me explain to you.
Vice Mayor Plummer: No, don't explain. No, we - no, no, no...
Mr. Pajares: We cannot set a precedent. Commissioner.
Vice Mayor Plummer: We're going to explain to you.
Mr. Pajares: I don't have in any line item for meeting space.
Vice Mayor Plummer: Guess what, yes...
Commissioner Alonso: Listen, is the money coming back to the City?
Vice Mayor Plummer: Whatever you don't have now, you're going to have fifty-
four hundred less tomorrow.
l
Commissioner Alonso: Is the money coming back to the City?
i
Mr. Pajares: The money would come back to the City. Yes, if she pays, yes,
f sure.
S
Commissioner Alonso: Yes, it will. So what's the big...
Vice Mayor Plummer: How will the money come back to the City?
Commissioner Alonso: Because she will pay us.
Mr. Pajares: Well, she pays for the space. Let's say, her bill should be
around $8,400.
Vice Mayor Plummer: I heard that before.
Mr. Pajares: We take the electricity and the cost of the cleaning and the
setup.
Vice Mayor Plummer: I heard that before.
Mr. Pajares: All right, let's say it's $5,000.
Vice Mayor Plummer: I heard that before.
Mr. Pajares: She has to pay us that money.
Vice Mayor Plummer: Yes.
Mr. Pajares: She pays it to SMG.
Vice Mayor Plummer: Right.
Mr. Pajares: Which is our account.
Vice Mayor Plummer: But we only get a percentage back.
127 September 11, 1991
Mr. Pajares: No, no. And once, if I give her that money, it's out of my
budget and the general funds. So...
Vice Mayor Plummer: Still comes out of your...
Commissioner Alonso: What his is that it will go back to general fund...
Mr. Pajares: Correct.
Commissioner Alonso: ...and he will not see the money again.
Mr. Pajares: That's right. And I don't have a line item for paying for
space.
Vice Mayor Plummer: You will today.
Mr. Pajares: That's up to you, Commissioner.
Commissioner Dawkins: Well, put enough in there so that if I want the space,
it's enough for me. Because we're putting money in the line item.
I
Vice Mayor Plummer: Mr. Manager, what do you recommend?
Mr. Odio: The money will come back to us, so I recommend it.
Vice Mayor Plummer: OK. Is it...
Commissioner Dawkins: The money what now?
Commissioner Alonso: So I move that we approve...
Mr. Odio: With the condition that the money will be paid back to the City.
Commissioner Alonso: It will come back to us. So...
Mr. Pajares: What is...
Commissioner Alonso: What are you trying to tell me?
Mr. Pajares: No, five thousand, right? -not the whole amount.
Commissioner Alonso: The five thousand, are you saying?
Mr. Pajares: Yes, because the whole thing is eighty-four.
Commissioner Alonso: Fifty-four hundred. That's the amount.
Vice Mayor Plummer: Thank you.
Mr. Pajares: OK.
Commissioner Alonso: OK, fine. So I move that we approve.
128 September 11, 1991
Vice Mayor Plummer: We take the recommendation of the loud mouth and move -
oh, Mayor, you're back. Seconded...
Commissioner Dawkins: Now what did...
Vice Mayor Plummer: I second it.
Commissioner Dawkins: OK.
Mayor Suarez: Moved and seconded. Any further discussion? If not, please...
Commissioner Dawkins: What did we do?
Mayor Suarez: What is the motion?
Commissioner De Yurre: Going to take it out of your budget.
i
Commissioner Alonso: To give them fifty-four hundred to pay for the fees to
the Knight Center.
i
Commissioner Dawkins: Thank you.
Commissioner Alonso: It does come back to us.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-639
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$5,400.00 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE SECOND ANNUAL
INTERNATIONAL FREE ZONES CONFERENCE OF THE AMERICAS
AND EXHIBITION, SPONSORED BY THE DOMINICAN AMERICAN
CHAMBER OF COMMERCE OF GREATER MIAMI, IN CONJUNCTION
WITH THE CITY OF MIAMI INTERNATIONAL TRADE BOARD, TO
BE HELD IN THE MIAMI CONVENTION CENTER ON OCTOBER 6-
11, 1991.
(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:
129 September 11, 1991
12
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.
Ms. Chahoff: Thank you.
28. VICE MAYOR PLUMMER URGES ADMINISTRATION TO EMULATE CREATIVE EFFORTS BY
OTHER MUNICIPALITIES TO ATTRACT NEW BUSINESSES TO THE CITY OF MIAMI..
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: Oh, sorry.
Commissioner Dawkins: Mr. Mayor, I got two pocket items.
Vice Mayor Plummer: Let me just bring an item, Miller, real quick like.
Commissioner Dawkins: OK, go ahead, J.L.
Mayor Suarez: Defers to Vice Mayor Plummer.
Vice Mayor Plummer: Mr. Mayor, and my colleagues on the Commission. I found
out something at lunch. Mr. Manager, the City of Hialeah - listen to this -
is offering any new business that will start in Hialeah the first three years
with no occupational fees. They are getting a number of businesses to go into
Hialeah.
Commissioner De Yurre: How much is that?
Mr. Odio: A hundred and fifty dollars...
Commissioner De Yurre: A hundred and fifty dollars - what?
Vice Mayor Plummer: No, no, no. It can be as much as four, five, six, seven
hundred dollars. It's an incentive.
Commissioner De Yurre: A year or for the three-year package?
Vice Mayor Plummer: A year, for three years. So, I'm just saying, when you
start looking for new businesses, maybe that's one place to start. I just
wanted to bring it to the attention.
Commissioner Dawkins: Yes, but, you know, J. L...
130
September 11, 1991
Commissioner De Yurre: If you want to open up a funeral home over there,
we'll go half and half.
Vice Mayor Plummer: You got enough funeral homes over there right now to sink
a battleship.
Commissioner Dawkins: But, you see, I could... I hear you, but the Mayor has
been yelling and screaming all along that we should do something to encourage
the design district and the garment district to stay. So, if we're going to
talk about encouraging business, I think we ought to need to follow his lead
and try to do something with the businesses that are there to be sure they
don't leave, Mr. Mayor.
Vice Mayor Plummer: I just wanted to bring it to your attention.
29. AUTHORIZE PURCHASE OF 8,000 CURBSIDE RECYCLING CONTAINERS (UNDER EXISTING
PALM BEACH COUNTY BID 91-026) FROM REHRIG PACIFIC COMPANY - ALLOCATE
$34,000 (1990-91) Solid Waste Reduction, Recycling & Education Special
Grant Fund - Project 197003).
Commissioner Dawkins: OK, I have two pocket items, please.
Mayor Suarez: Commissioner Dawkins.
THEREUPON, COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE
PUBLIC RECORD, BY TITLE ONLY.
And this has to be done so that could spend this money out of the present...
Mayor Suarez: Recycling state grant.
Commissioner Dawkins: ...recylcing grant.
Vice Mayor Plummer: Second.
Mayor Suarez: You know, the interesting thing is that you used to give these
things to Plummer to introduce, now it's Dawkins. That's interesting.
Vice Mayor Plummer: Gave what to me?
Commissioner Dawkins: I got them because see, the Manager used to give them
to Plummer. Ron Williams liked me, he gave them to me.
Mayor Suarez: All right.
Vice Mayor Plumper: Yes.
Mayor Suarez: So moved and seconded.
Vice Mayor Plummer: Yes. Ron Williams is like you, both of you dirty devils.
131 September 11, 1991
Mayor Suarez: We won't inquire in what respects you're alike. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-640
A RESOLUTION AUTHORIZING THE PURCHASE OF 8,000
CURBSIDE RECYCLING CONTAINERS UNDER EXISTING PALM
BEACH COUNTY BID NO. 91-026 FROM REHRIG PACIFIC
COMPANY FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE AT A TOTAL PROPOSED
COST OF $34,000.00; ALLOCATING FUNDS THEREFOR FROM THE
1990-91 SOLID WASTE REDUCTION, RECYCLING & EDUCATION
SPECIAL GRANT FUND, PROJECT NO. 197003, ACCOUNT CODE
NO. 320306-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THESE CONTAINERS.
(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.
30. AUTHORIZE PURCHASE OF THREE RECYCLING COLLECTION VEHICLES AND ONE
ADDITIONAL ALUMINUM CAGE (UNDER EXISTING LAUDERHILL BID) - ALLOCATE
$162,810 (1990-91 Solid Waste Reduction, Recycling & Education Special
Grant Fund - Project 197003).
THEREUPON, COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Vice Mayor Plummer: What are we buying for $162,000?
Commissioner Dawkins: Three recycling trucks. Those green and white trucks
you see riding the streets for recycling and the cage that you put this
recycling material in.
132 September 11, 1991
fi.
Vice Mayor Plummer: Just for the record because this is being brought up as a
pocket item. These have been bidded out.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Yes, I'll...
Mayor Suarez: There's no...
Commissioner Dawkins: No, we're buying them under the existing bid of the
city of Lauderhill, Florida.
Mayor Suarez: There's no bypassing of any procedures or anything. This is
all in accordance with our...
Vice Mayor Plummer: OK, as tong as it was compe... I second the motion.
Mayor Suarez: OK. Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-641
A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3)
RECYCLING COLLECTION VEHICLES AND ONE (1) ADDITIONAL
ALUMINUM CAGE UNDER AN EXISTING CITY OF LAUDERHILL,
FLORIDA BID FOR THE GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE AT A TOTAL PROPOSED COST OF
$162,810.00; ALLOCATING FUNDS THEREFOR FROM THE 1990-
91 SOLID WASTE REDUCTION, RECYCLING & EDUCATION
SPECIAL GRANT FUND, PROJECT NO. 197003, ACCOUNT CODE
NO. 320306-840; 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 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 De Yurre.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: All right.
133 September 11, 1991
31. AUTHORIZE INCREASE IN CONTRACT WITH CAZO CONSTRUCTION CORPORATION
($7,500), CONCERNING CONSTRUCTION OF FOUR NEW SINGLE FAMILY HOMES UNDER
ALLAPATTAH SCATTERED SITE HOUSING PROJECT - PHASE I, B-3240-A, (CIP
321034 - Scattered Site Affordable Housing Development Program).
------------------------------------------------------------------------------
Mayor Suarez: Item 15. Authorizing the increase in the contract between the
City of Miami and Cazo Construction for four new single family homes in the
Allapattah...
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Question.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: We didn't have any kind of insurance?
Mr. Jeff Hepburn: City insurance?
Commissioner Alonso: Insurance to pay for the houses that were vandalized.
We didn't have any kind of insurance, or the builder didn't have any kind of
insurance?
Mr. Hepburn: The builder wasn't sure during the time of construction. Once
he provided us the keys and the CO (certificate of occupancy), then it should
have fell under the City's policy, I suspect. We didn't explore that avenue,
I suspect. I did not. What we did was decided to try to find a way to get
those buyers in those homes to get those monies committed before the state
would pull those funds back.
Commissioner Alonso: Well, I suggest that in case that we have insurance, we
should really get the money from insurance company and it's done normally in
the business world. I don't know why we don't follow the same route that...
Mr. Hepburn: Yes, we can investigate whether or not, in fact, we can, you
know, put a claim in with the insurance company.
Commissioner Alonso: Yes.
Mr. Hepburn: I'm not sure at this point, but I'll investigate that.
Commissioner Alonso: OK. It was reported to the Police Department that the
houses were vandalized.
Mr. Hepburn: Exactly, exactly, it was.
134 September 11, 1991
0
Commissioner Alonso: If it was, and you have, I'm sure, pictures to prove the
claim, I don't see why not.
Mayor Suarez; You know, perhaps if we have a Claims Department, which we do,
or Risk Management Department, we should also think in terms of someone who at
least, without creating a new position please, be assigned to exerting claims
against other people. Mr. Manager, this just keeps coming up. There's no one
that seems to be looking to claim against any insurance company, third party,
contaminants, etcetera. All right?
Commissioner Alonso: We have to be a little bit more aggressive in collecting
from people who have to pay us.
Mayor Suarez: Absolutely.
Commissioner Alonso: We are always the ones providing the money...
Mayor Suarez: We have to approve settlements of....
Commissioner Alonso: ...and once in a while, we have to get something back.
Mayor Suarez: Settlements of claims against us and it never seems like we
have claims against anybody. Moved, seconded. Any discussion? If not,
please call the roll on 15.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-642
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
BETWEEN THE CITY OF MIAMI AND CAZO CONSTRUCTION
CORPORATION, DATED FEBRUARY 23, 1990 IN AN AMOUNT NOT
TO EXCEED $7,500, IN CONNECTION WITH THE CONSTRUCTION
OF FOUR (4) NEW SINGLE FAMILY HOMES UNDER THE
ALLAPATTAH SCATTERED SITE HOUSING PROJECT - PHASE I,
B-3240-A, CAPITAL IMPROVEMENT PROJECT NO. 321034; SAID
FUNDS TO BE PROVIDED AND ALLOCATED FROM "SCATTERED
SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM" ACCOUNT,
CAPITAL IMPROVEMENT ORDINANCE NO. 10732, PROJECT NO.
321034, TO COVER SAID INCREASE; FURTHER RATIFYING THE
CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN
INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES.
(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:
135 September 11, 1991
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
i Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES. None.
j ABSENT: Commissioner Victor De Yurre.
------------------------------------------------------------------------------
32. GRANT REQUEST BY GREATER BETHEL AFRICAN METHODIST EPISCOPAL CHURCH FOR
i CLOSURE OF DESIGNATED STREETS CONCERNING ITS ANNUAL CONFERENCE IN
OVERTOWN.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Yes, Commissioner Dawkins, point of personal privilege.
Commissioner Dawkins: Reverend White has asked that we hear him out of order,
because he has another meeting that he must rush to. So I would ask that we
hear him now, please.
Mayor Suarez: Reverend White. Which item is it? Is it on the agenda?
Unidentified Speaker: Item 43.
Commissioner Dawkins: Forty-three, Mr. Mayor.
Rev. John F. White: Thank you, Mr. Mayor and Commissioner Dawkins.
Mayor Suarez: Street closures. I'll entertain a motion on.
Commissioner Dawkins: Move.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
These are recommended, of course, by the administration through the... right.
136 September 11, 1991
E.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-643
A RESOLUTION RELATED TO THE 101ST SESSION OF THE SOUTH
FLORIDA ANNUAL CONFERENCE OF THE AFRICAN METHODIST
EPISCOPAL CHURCH TO BE CONDUCTED BY THE GREATER BETHEL
AFRICAN METHODIST EPISCOPAL CHURCH FROM MONDAY,
SEPTEMBER 23 THROUGH SUNDAY, SEPTEMBER 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; FURTHER CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE
ORGANIZERS PAYING FOR ALL THE NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Do I dare ask what streets are going to be closed?
Commissioner Dawkins: I don't see why not.
Rev. White: Sure. The west side of 8th Street on 2nd Avenue and the east
side of 8th Street on 3rd Avenue.
Vice Mayor Plummer: That's northwest?
Rev. White: N.W. 8th Avenue.
Vice Mayor Plummer: Thank you, sir.
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner Dawkins: Thank you.
137 September 11, 1991
a
Mayor Suarez: Reverend, thank you.
Rev. White: Thank you so much.
Mayor Suarez: Go in peace and sin no more.
33. AUTHORIZE SUBSTITUTION OF A RESERVE ACCOUNT SURETY BOND FOR CASH ON
DEPOSIT IN THE DEBT SERVICE RESERVE ACCOUNT SECURING CITY'S OUTSTANDING
GUARANTEED ENTITLEMENT REVENUE BONDS, SERIES 1989 - APPROVE EXECUTION OF
A FINANCIAL GUARANTY AGREEMENT - AUTHORIZE APPOINTMENT AND PAYMENT OF
SPECIAL COUNSEL.
Mayor Suarez: Item 16.
Commissioner Dawkins: Sixteen, 17 and 18 the same thing?
Commissioner Alonso: And we need explanations. At least I do.
Mayor Suarez: I think Commissioner Alonso intends to get...
Mr. Carlos Garcia: Mr. Mayor, members of the City Commission, Item 16 and 17
are companion items. They were deferred from the July meeting by the request
of Commissioner Dawkins. And what we're trying to do is replace a debt
service reserve in the amount of $612,000 with a bond surety. The net result
is that the City will have available this year $587,000 to pay debt service on
the bonds that were sold in 1989.
Mayor Suarez: Wow, what does that mean in English?
Mr. Garcia: It means that we won't have to spend out of our pockets $587,000
to pay for the bonds. We'll use the reserve monies that we have already in
place to pay for the bonds this year. So we'll save those monies this year.
Mayor Suarez: And if we had the reserve setup for this purpose, why does it
require extraordinary action of the Commission? Why wasn't it done as a
matter of course?
Mr. Garcia: Because we are not going to keep... the reserve is supposed to be
there until the bonds retire 23 years from now.
Mayor Suarez: Right.
Mr. Garcia: What we want to do is use our reserve this year to save those
monies from the general fund, and replace the reserve with a surety bond to
assure the bond holders that there is a guarantee there behind those bonds.
Commissioner Alonso: The bottom line is that we are short of cash?
Mr. Odio: Bottom line, this is part of us trying to make up for two and -a -
half million dollars of overtime in the Police Department. And this is what
we need to do to do that. Part of.
138 September 11, 1991
Mayor Suarez: You're right - right. We're borrowing from a particular fund
to pay for regular operating expenses. It sounds like to me. Well, they're
not operating, but they're... We're borrowing from one fund to pay another
obligation. You're convinced that this is something that is...
Mr. Garcia: We've done something similar to this the year before. What we're
doing, as I said, we are replacing a reserve with a surety bond. The surety
bond, for these purposes, is a fairly new concept. If we had known about this
concept back in 189 when the bonds were sold, we probably would have used a
surety bond instead of setting a reserve in place.
Mayor Suarez: How much is the surety bond going to cost us? Is that not
going to eat up the same amount over time that...
Mr. Garcia: No, no, sir. This costs $24,000.
Mayor Suarez: What is it? -one-quarter of one percent?
Mr. Garcia: It's four percent of the total amount of the reserve.
Mayor Suarez: Of the service.
Mr. Garcia: Yes.
Mayor Suarez: Which is roughly 10 percent or 9 percent. So it's .36 percent,
roughly. You said 4 percent of the debt service.
Mr. Garcia: Four percent of $625,000. I'm sorry, $612,000.
Mayor Suarez: Four percent of the debt service. And the debt service is
usually a little less than 10 percent of the total indebtedness.
Mr. Garcia: That is right.
Mayor Suarez: So you're paying about a third of a point. Well...
Mr. Garcia: We did a transaction similar to this two years ago. I think it's
a good transaction for the City. I think we can use the monies this year,
there is no question about that, as the Manager said.
Mayor Suarez: From that point forward, we're not protected by a reserve
account. We're protected by the surety bond.
Mr. Garcia: That is right. Yes, Mr. Mayor.
Mayor Suarez: And the surety bond is not costing all that much money. You're
assuring us of that.
Mr. Garcia: It's only four percent, $24,000.
Mayor Suarez: Four percent of the yearly debt service payments.
Mr. Garcia: You say, you say one...
139 September 11, 1991
Mayor Suarez: Not 4 percent of the principal.
Mr. Garcia: It's one time payment, right, of 4 percent on...
Mayor Suarez: One time payment?
Mr. Garcia: Yes.
Mayor Suarez: For a surety bond that covers you on an ongoing basis?
Mr. Garcia: Yes, sir. Because the same insurance company that is selling us
the surety bond...
Commissioner Alonso: That's too good to be true.
Mr. Garcia: Well...
Mayor Suarez: You're not going to have it in the budget somewhere, as
Commissioner says? -and all of a sudden...
Mr. Garcia: No, sir. No, sir.
Commissioner Alonso: You'd be surprised.
Mr. Odio: I tell you, if we could have done this before...
Mayor Suarez: Can I do this with my mortgage?
Mr. Garcia: What the difference is that the...
Mr. Odio: We'll tell you in private how to do it.
Mr. Garcia: The insurance company that insured the bonds is selling us the
surety bond. That's why it's so cheap, you know. It wouldn't be that cheap
otherwise.
Mayor Suarez: Somebody said something about voodoo economics, right?
Mr. Odio: ...something when you're scraping, how you find ways of doing it
better.
Mayor Suarez: Except the fact of the matter is that in government somehow it
bites you in some part of your anatomy later. All right, item 16 we have a
motion and a second. Or do we?
Ms. Hirai: No, sir, we don't.
Mayor Suarez: Please give me a motion and a second.
Commissioner De Yurre: Move.
Mayor Suarez: Moved. Do we have a second?
140 September 11, 1991
Vice Mayor Plummer: Do you recommend it?
Mr. Garcia: Yes, sir.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded, Vice Mayor Plummer. Call the roll before we try
to...
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-644
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA AUTHORIZING THE SUBSTITUTION OF A
RESERVE ACCOUNT SURETY BOND FOR CASH ON DEPOSIT IN THE
DEBT SERVICE RESERVE ACCOUNT SECURING THE CITY'S
OUTSTANDING GUARANTEED ENTITLEMENT REVENUE BONDS,
SERIES 1989, AND DIRECTING THE DEPOSITORY OF THE DEBT
SERVICE RESERVE ACCOUNT TO ACCEPT SUCH SURETY BOND;
APPROVING THE FORM, EXECUTION AND DELIVERY OF A
FINANCIAL GUARANTY AGREEMENT; DIRECTING THE
APPLICATION OF THE CASH RELEASED AS A RESULT OF SUCH
SUBSTITUTION; AUTHORIZING FURTHER OFFICIAL ACTIONS TO
EFFECT SUCH SUBSTITUTION; AUTHORIZING THE APPOINTMENT
AND PAYMENT OF SPECIAL COUNSEL TO THE CITY; PROVIDING
SEVERABILITY; AND PROVIDING FOR 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 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: This sounds too good to be true. But anyway, I'm going
to believe them again. Yes.
Mayor Suarez: I agree with that statement, yes.
141 September 11, 1991
34. AUTHORIZE APPROPRIATE CITY OFFICERS TO TAKE NECESSARY ACTIONS TO
ACCOMPLISH ISSUANCE OF THE DEBT SERVICE RESERVE ACCOUNT SURETY BOND -
AMEND RESOLUTIONS 89-443 / 89-549, WHICH AUTHORIZED ISSUANCE OF THE
BONDS.
Mayor Suarez: Seventeen. Is this a companion item?
Commissioner Alonso: Yes.
Mr. Carlos Garcia: Yes, sir, it is.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved and seconded by Commissioner Alonso, who is writing,
that's close enough. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-645
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA MAKING CERTAIN AMENDMENTS TO RESOLUTION
NO. 89-443, ADOPTED ON MAY 11, 1989, AUTHORIZING THE
ISSUANCE OF THE BONDS HEREINAFTER MENTIONED, AS
SUPPLEMENTED AND AMENDED BY RESOLUTION NO. 89-549
ADOPTED ON JUNE 7, 1989; AUTHORIZING APPROPRIATE
OFFICERS OF THE CITY TO TAKE SUCH INCIDENTAL ACTIONS
AS SHALL BE NECESSARY AND APPROPRIATE TO ACCOMPLISH
THE ISSUANCE OF THE DEBT SERVICE RESERVE ACCOUNT
SURETY BOND; PROVIDING SEVERABILITY; AND PROVIDING FOR
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 Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
142 September 11, 1991
35. RATIFY MANAGER'S PURCHASE OF REPLACEMENT TIRES AND TUBES FROM MARTINO
TIRE CO., INC. AS AN EMERGENCY NEED (Department of General Services
Administration and Solid Waste).
------------------------------------------------------------------------------
Mayor Suarez: Item 18.
Vice Mayor Plummer: Dawkins wanted to say something on 18 and 19.
Mayor Suarez: All right, item 19.
Commissioner Alonso: Oh, yes, I do too...
Mayor Suarez: Oh, OK.
Commissioner Alonso: ... it's the emergency tires.
Vice Mayor Plummer: Is Dawkins.... why don't we skip over till Dawkins...
Mayor Suarez: Do you want to wait a couple of minutes till he's here?
Commissioner Alonso: May I start? Oh, he's not here.
Mayor Suarez: May as well wait till he's here so we can both...
Commissioner Alonso: OK. I have lots of questions about this.
Mayor Suarez: OK.
Commissioner Alonso: It's a contradiction 18 and 19. We have the companies,
minority companies, and everything, and...
Mr. Odio: On 18...
Commissioner Alonso: ...then we go in the emergency with...
Mr. Odio: On 18 we had an emergency for solid waste truck tires.
Mayor Suarez: OK, can we wait on 18? '
Commissioner Alonso: That's fine, but it's a nonminority and again outside
City limits.
Mr. Odio: Well, Ron...
Commissioner Alonso: Why?
Mayor Suarez: You would think that we would have those tires and tubes here.
Commissioner Alonso: He's here, good.
143 September 11, 1991
Mayor Suarez: OK, on 18 the Commissioner wanted to ask questions and we
wanted to be sure that you also were present because apparently you have
questions on 18. So far, the questions are directed to the fact that they're
nonminority and non City of Miami.
Commissioner Dawkins: Hey, I want to throw both of these out until you bring
them back and show me, number one, Mr. Manager, I'd like to defer these until
the next meeting and let the Manager explain to me and the other Commissioners
why, as an emergency, he could not purchase these tires - and it says, various
sizes of tires and tubes - from a minority, since a black firm has never had a
tire contract with the City of Miami. And I so move.
Mr. Odio: I just want to...
Mayor Suarez: Let's take them up as to 18, because 19 is different
conditions.
Mr. Odio: I just wanted to say on the record that on 18, we went out on bids.
And this was the lowest bid and we had to award it out of process, because it
was during the month of August and we needed tires for the solid waste trucks.
Commissioner Dawkins: Ratifying the City Manager's purchase of various sizes
of tires and tubes to replace defective tires and tubes on various City
department vehicles as an emergency need following the use of competitive bid,
sealed bids, procedures.
Mr. Odio: We did.
Mr. Ron Williams: Commissioner, if I may explain.
Vice Mayor Plummer: That's already been spent.
Mr. Williams: Yes.
Commissioner Dawkins: You have to what now?
Vice Mayor Plummer: What are you going to do? -take...
Commissioner Alonso: After the fact.
Vice Mayor Plummer: What are you going to do? -take the tires off?
Mr. Williams: We had...
Mr. Odio: We had a...
Mr. Williams: Within the department, there was a need to buy tires during the
month of August. We'd attempted to place this item on the agenda for the July
meeting. Because of the number of items, it did not make the cut. We were
not able to bring it to you to get an award. We had to go to the Manager and
ask him for authority to replace tires, mostly on solid waste equipment, but
essentially to ensure that our equipment was on the road and safe. That's the
issue on item 18. The...
144 September 11, 1991
■
Mayor Suarez: How did you, during the period of time that we were not meeting
in August, go through the entire competitive sealed bid proceedings and...
Mr. Williams: As I said, Mr....
Mayor Suarez: And there's a contradiction in the timeliness of all this.
Mr. Williams: We11, let me try and explain it to you, Mr. Mayor. The item
had been bid previous to July. The item had been prepared, and sent to the
City Manager to be presented to the Commission for award.
Mayor Suarez: We had done all of the administrative things leading up to
Commission approval?
Mr. Williams: Everything was done. It did not make the agenda for July.
Mayor Suarez: Well, let me tell you something. When you don't make the
agenda, remember that this Commission decides how many items it wants to take
up, and you can certainly turn to me and we'll figure out a way to act on it.
You don't need to necessarily follow - and I don't want to break your
hierarchy and all of that - but let me know. Because if it's something that
we should act on, you're going to get a better hearing from this Commission if
it's item 61, and beyond the 60 that we're trying to get, than if you come in
here with a nonminority, non City of Miami, on an emergency basis, to ratify
something already done.
Mr. Williams: Thank you for that, Mr. Mayor. We certainly will take that
into consideration.
Mayor Suarez: I don't know what to do on this though. The money has been
spent.
Commissioner Dawkins: They've already spent the money. We can't do anything,
Mr. Mayor, but pass it.
Vice Mayor Plummer: Move 18.
Mayor Suarez: Moved and seconded. And, please, maybe we needed that to
clarify. Your frankness in coming up front and saying, we just couldn't get
it on the agenda, please let me know. I mean, they're going to complain, I'm
going to complain. But it's better to hear a little complaining, Ron, than to
have the item languishing like this and theoretically, if we don't approve it,
you owe $10,000 to somebody.
Mr. Odio: I know, but let me explain something else too. We've been trying
not to purchase. We've been holding back. And we don't run the inventories
we used to have.
Mayor Suarez: I understand.
Mr. Odio: Sitting in the yard...
Mayor Suarez: I'm sure you're reducing inventories, and you're more efficient
now. Before you used to have...
145 September 11, 1991
4P
Commissioner Dawkins: No.
Mayor Suarez: ...rooms full of junk.
Commissioner Dawkins: Mr. Mayor, I cannot buy that. And I don't think any
Commissioner up here is going to buy that.
Mayor Suarez: And he shouldn't have said it because he was doing pretty well.
Commissioner Dawkins: In the event that somebody... a tire blows out on a
vehicle and somebody is killed, we feel guilty. So I mean, if you didn't need
them, you had no business purchasing them. If you need them, then you can't
tell me you don't need them.
Mayor Suarez: Yes, when you get to the point that the inventories are low and
any kind of risk is being... I know that we can sometimes be difficult about
the process, but please tell us.
Commissioner Alonso: This didn't happen overnight.
Mayor Suarez: Yes, it doesn't sound like it happened from one month to the
next.
Commissioner Dawkins: Thank you. OK.
Mr. Williams: Right.
Commissioner Alonso: It's something that you can plan with some sort of time
in between and...
Commissioner Dawkins: Call the roll.
Mr. Williams: Mr. Mayor, I think we're managing the inventory levels better.
Mayor Suarez: Yes, I think you probably have a little bit more. The one
thing the computers can actually help to do, although I hate to bring up
computers. All right. Call the roll.
Commissioner Alonso: Yes, may I ask one question.
Mayor Suarez: Sure.
Commissioner Alonso: Ron, also it says eight bids. But I look in my package
and I couldn't find them.
Mr. Williams: I'm sorry, Commissioner.
Commissioner Alonso: I found one name only. Where are the rest of the
people? -the other seven? I couldn't find that in my backup information.
Mr. Williams: In terms of the eight bidders that did respond? I need to get
those to you, I'm sorry.
146
September 11, 1991
r
Commissioner Dawkins: That's on 18.
Commissioner Alonso: OK, it will help that you give... let us see in our
package.
Mayor Suarez: Yes, even though it's after the fact, it illustrates what you
went through so that we know that there was no....
Commissioner Alonso: Yes, yes.
Vice Mayor Plummer: Let's don't give it to them.
Mr. Williams: Certainly. We'll make available to your offices all of...
Mayor Suarez: Not that there's ever any hanky-panky and all of that, but we
just want to make sure. Call the roll.
Mr. Williams: I'll get those to your office.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-646
A RESOLUTION RATIFYING THE CITY MANAGER'S PURCHASE OF
VARIOUS SIZES OF TIRES AND TUBES TO REPLACE DEFECTIVE
TIRES AND TUBES ON VARIOUS CITY DEPARTMENTS' VEHICLES
AS AN EMERGENCY NEED FOLLOWING THE USE OF COMPETITIVE
SEALED BID PROCEDURES; RATIFYING, APPROVING AND
CONFIRMING THE ISSUANCE OF A PURCHASE ORDER FOR THESE
SUPPLIES TO MARTINO TIRE CO., INC., IN THE AMOUNT OF
$10,650.00 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE WITH FUNDS THEREFOR
BEING ALLOCATED FROM THE 1990-1991 OPERATING BUDGET,
ACCOUNT CODE NO. 420901-721.
(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.
147
September 11, 1991
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36. DISCUSS AND DEFER PROPOSED RESOLUTION ACCEPTING BIDS FOR FURNISHING TIRES
AND TUBES.
Mayor Suarez: Now, on item 19, it's a little bit...
Commissioner Dawkins: I move that item 19 be deferred until the Manager - and
I don't need nobody in his department - can show me the black vendors, the
five black vendors, who picked up the bids and the two that were registered in
the City, and let me see who they were so that I can go out and discuss with
them and be able to come back to this Commission at the next meeting and tell
the Commission why they did not bid to ensure that they're able to...because
bid next year. I've been going through this for five years or six years, and
they keep buying these tickets and tell me the same people pick up bids and
nobody goes out to find out how to assist these people in getting some of this
work. So I move that this be deferred.
Mayor Suarez: Moved to defer.
Commissioner Alonso: Second.
Mayor Suarez: Can we agree to take it up at the very next Commission meeting
if they satisfy you? Don't...
Commissioner Dawkins: Yes, I will bring it back one way or the other, yes.
Mayor Suarez: Presume that this is something important that you need. It
seems like what we're trying to say, and we don't hear back too much that
satisfies us, is why - and assuming it's legal - doesn't somebody pick up the
phone and call the associations of suppliers of some of these things, and
proactively seek the bidders?
Mr. Williams: Certainly we do, Mr. Mayor. We've had a very aggressive effort
in that regard. We have the information available so that the Manager can
provide it to Commissioner Dawkins.
Mayor Suarez: Well, Ron, I don't want to tell you that I doubt that what
you're saying is correct. But I doubt that what you're saying is correct
because it seems like when we do it, they come out of the woodwork. We pick
up the phone book or we pick up and we call the association of suppliers of
any particular kind of a product, and they bid. And it just doesn't seem like
enough of that is being done. Maybe you're doing it, and maybe privately,
because today we're running behind. You can satisfy each of us, but it's
going to take a lot of doing, because when we call the black contractors, when
we call the suppliers of whatever in the City of Miami, we just pick up the
phone book, they say, yes, of course we'd like to bid, but the reason I didn't
bid this time is, I didn't get the notice or one guy told me the other day,
he's been bidding for City work fixing up automobiles doing body work for I
don't know how many years. And never got one contract, you know. So they do
get a little tired after a while, and maybe it just takes one more phone call
from you saying, I'm the guy now, you're going to be treated fairly, give us
one more shot. I don't know.
148 September 11, 1991
Mr. Williams: Certainly, Mr. Mayor, we understand. We'll give it more
effort.
Mayor Suarez: All right, on 19, we have...
Commissioner Alonso: Yes, one question also. When the information comes back
to us, check that there is a contradiction. It says fiscal year 90-91, 91-92.
It's very confusing. I believe there is a mistake in the package. So take a
look.
Mr. Williams: Which item, Commissioner?
Commissioner Alonso: Nineteen.
Mayor Suarez: On the very same item.
Mr. Williams: OK, we'll check it.
Mayor Suarez: OK, we're deferring. Moved to defer until the next meeting.
Mr. Manager, hopefully, we can get all these things resolved on the 26th. We
can get it all approved. Moved and seconded. Any discussion? If not, please
call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER ALONSO, THE ABOVE ITEM WAS
DEFERRED TO THE NEXT COMMISSION MEETING BY THE
FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
37. INSTRUCT CITY ATTORNEY TO FILE AN APPEAL IN THE CASE OF LINN BAZEMORE
(CLAIM FOR $100,000).
------------------------------------------------------------------------------
Mayor Suarez: Item 20. The Bazemore lawsuit. I'll entertain a motion on
this.
Commissioner Dawkins: J.L. moves it. J.L., move it.
Vice Mayor Plummer: Well, wait a minute, wait a minute. Hold on. I see that
we rejected before, and our Law Department lost in court. Mr. Mayor, I would
have first the question to ask of the Law Department.
149 September 11, 1991
Mr. Odio: Just for the record.
Vice Mayor Plummer: Yes, sir.
Mr. Odio: The Fire Department does not concur in settling this case. OK?
Vice Mayor Plummer: Let me tell you, I don't either. OK? Now, the level in
here states in the case of an appeal. Let me find the wording. Basically,
you say that the judge refused to instruct the jury in what manner? Hello?
Warren Bitner, Esq.: Yes, I'm here. Warren Bitner, Assistant City Attorney.
The court refused to instruct the jury on the issue of sovereign immunity, and
the Fire Department's policy of rendering care and treatment in a medical
emergency except when the paramedics' life or safety was jeopardized. And, in
my view, that was clear error and that is what we will be pursuing on an
appeal unless the case is settled. And we have filed a notice of appeal.
However, the chances of success on that issue - and we will be making new law
if we prevail - is about 50 percent. So this is an economic recommendation
only. Feel free to do whatever your moral convictions dictate.
Commissioner Plummer: Well, let me... I understand what you're saying, OK?
You know, any time you go to court, you take a chance. It's a boy or it's a
girl, fifty-fifty. I am not as concerned about this individual case as I am
the future. I think that this, if we cave in, and we say... I mean, who the
hell is expecting a paramedic to walk in in the face of a growling Doberman
pinscher? I wouldn't do it. And I don't blame them for not doing it. I am
concerned that if this case is settled, we are opening up the door in the
future for unlimited amount of lawsuits and settlements. And I, for one, I
don't see that this City was liable in doing this. I don't see this City
should be paying for this. This is a service we render at no charge. These
people weren't paying for it. And even if they were, I just am totally
opposed and think that we should take this thing to the appeal to the utmost.
Mayor Suarez: OK.
Commissioner De Yurre: Now, one thing we have to understand is, you know, we
don't appeal because we don't agree with the decision. We have to appeal if
there was error during the trial. Now, we have to see if the attorneys will
tell us that there was error that's appealable.
Mr. Bitner: There was, definitely.
Vice Mayor Plummer: Well any - excuse me - is not, and I'm not a lawyer, is
not any decision appealable?
Commissioner De Yurre: No, but you have to find error. There has to be error
in the way that... you're appealing the error that happened throughout the
process. And that's what cases get remanded or get reversed or...
Vice Mayor Plummer: They never had any. OK.
Commissioner De Yurre: So it isn't like, you know, that you don't agree with
the decision. That is not grounds for appeal. I mean, like the appeal judge
150 September 11, 1991
is not going to say, oh, I don't agree with that decision either, so I'm going
to send it back. There has to be a reason, something that happened during the
trial for it to be sent back.
Vice Mayor Plummer: Well, let's ask the City Attorney then. What is your
opinion? Do we have a case that's appealable?
Mr. Bitner: Yes, we do.
Vice Mayor Plummer: That's my answer.
Commissioner De Yurre: Now, what's the exposure that... what is it going to
cost us?
Mr. Bitner: Well, the cost to us is merely the interest and the cost, not
j attorneys' fees. We're not exposed, on the judgment, on the judgment only.
i There is no attorneys' fees that can be assessed against the City in this type
of case. So...
Mayor Suarez: What's the judgment interest right now?
Mr. Bitner: Twelve percent.
Mayor Suarez: It's a twelve percent and...
Commissioner De Yurre: What's the cost to us, as far as man hours or female
hours?
Vice Mayor Plummer: Wait a minute. Why are we paying 12 percent?
Mr. Bitner: Because that's the law, on the judgment.
Mayor Suarez: It's the law.
Commissioner De Yurre: It's a law.
Vice Mayor Plummer: What law?
Mayor Suarez: On a judgment. You get ten...
Commissioner De Yurre: State law.
Vice Mayor Plummer: Why?
Mr. Bitner: It just is. The legislature would have to change it.
Mayor Suarez: Because your brother passed it in the Senate.
Vice Mayor Plummer: Well, tell my brother to change it.
Mayor Suarez: Thank you.
Commissioner De Yurre: He voted for it.
151 September 11, 1991
ON
r
Commissioner Alonso: Very fine idea.
Vice Mayor Plummer: Twelve percent is ridiculousl
Mayor Suarez: You know, it's not a bad idea for government, when it gets hit
with a judgment and it's appealing, that we should not be subjected to 12
percent.
Vice Mayor Plummer: For anybody to be subjected to 12 percent today is
ridiculous!
Mayor Suarez: Well, you know...
Vice Mayor Plummer: They're paying six.
Mayor Suarez: If your funeral home was hit with a judgment, I could see you
` paying 12 percent. But not the City.
Vice Mayor Plummer: I can't.
Mayor Suarez: We have sovereign immunity. We should not have to pay the
standard rate. Tell him to change it.
Vice Mayor Plummer: Well, I think we ought to, we definitely ought to change
it.
Commissioner De Yurre: Well, again...
Mayor Suarez: All right. The fact of the matter is, it's 12 percent against
the costs the Commissioner was inquiring about. What do you estimate for
completion of the appellate process? You've got a great...
Mr. Bitner: No more than a year. So we'll be paying another $15,000, if we
are to lose.
Mayor Suarez: No, he was asking about personnel costs.
Vice Mayor Plummer: None.
Mr. Bitner: Oh, just mine. My time in preparing...
Vice Mayor Plummer: He works for nothing.
Commissioner De Yurre: Well, how many hours are you planning to put in this?
Mr. Bitner: Twenty to 25 hours.
Commissioner De Yurre: Twenty to 25 hours. Well, that's not too much.
Mr. Bitner: And also, if we win on appeal, remember the case will go back to
the trial court to be tried again on the issue of the paramedics' delay. And
mind you, the delay wasn't due solely to the Doberman pinschers, but there was
six minutes or so just to get to the residence. There was another six and -a -
half minutes to get into the house after they arrived. So we've got a twelve
152 September 11, 1991
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AWOL
minute approximate delay which plaintiff contends caused the death of this
woman. We can...
Mayor Suarez: OK, I'm sure they'll settle if we win the appeal. If we want
to settle. All right, fellow Commissioners, we've got a lot of items today...
Vice Mayor Plummer: Mr. Mayor, Mr. Mayor, I'll just conclude by saying to me,
it's not the amount of money. It is opening up to the future that scares me.
I move...
Mayor Suarez: It could be a setting a precedent.
Vice Mayor Plummer: I move that we appeal.
Mayor Suarez: So moved. Turn down the resolution recommended.
Commissioner Alonso: Second.
Mayor Suarez: And proceed with appellate process. Seconded. Any discussion?
If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-647
A MOTION INSTRUCTING THE CITY ATTORNEY TO TAKE
IMMEDIATE STEPS TO FILE AN APPEAL IN THE CASE OF LINN
BAZEMORE VS CITY OF MIAMI.
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.
153 September 11, 1991
38. BRIEF COMMENTS BY COMMISSIONER DAWKINS INFORMING ADMINISTRATION THAT A
BLACK -OWNED FIRM: CONSOLIDATED TECHNIQUES, INC., SPECIALIZES IN ASBESTOS
REMOVAL, HAZARDOUS MATERIAL HANDLING, ETC. - REQUESTS THAT SAID FIRM BE
CONSIDERED FOR FUTURE CITY NEEDS.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, at one time I told you, just like I'm
telling you about the tires, that you always have an emergency to remove
asbestos, and you always never have a black. Now here's a black -owned firm,
Consolidated Techniques, Inc., asbestos removal, spray on fireproofing,
hazardous material handling, acoustical treatment, full service asbestos
abatement. Now, I'm going to give this to you, and I'm going to sit here and
if you come up with another emergency for removal of asbestos and this firm
isn't used, I'm going to be very angry and do my damnedest to penalize whoever
is responsible. I don't know how.
Vice Mayor Plummer: Assuming that they are within right and reason of price.
Commissioner Dawkins: Say what?
people... and he'd ask no price.
Vice Mayor Plummer: Well, you...
If it's an emergency, he'll even use
Commissioner Dawkins: Why you got to be concerned about the price....
Vice Mayor Plummer: Well, he was. He went through the bidding procedure on
the tire...
Commissioner Dawkins: No, he did not. He did not. On the asbestos he did
not.
Mr. Odio: Once.
Commissioner Dawkins: All right.
Vice Mayor Plummer: Well, shame on you.
Commissioner Dawkins: I don't care if it was a half a time.
Mayor Suarez: OK. That wasn't in the form of a motion, was it?
Commissioner Dawkins: No.
154 September 11, 1991
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39. ALLOCATE ADDITIONAL $100,000 FOR THE ANTI -DRUG EDUCATION PROGRAM (Law
Enforcement Trust Fund) - AMEND RESOLUTION 90-0148.
------------------------------------------------------------------------------
Mayor Suarez: I'm sorry, item 21. Anti -drug education program.
Commissioner Alonso: Move.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion on 21?
Vice Mayor Plummer: Who's running this program?
Commissioner Dawkins: Who's funding it? -you are.
Vice Mayor Plummer: Who's running this program?
Commissioner Dawkins: The people you put in there.
Lt. Joseph Longueira: This is the overall allocation of $100,000 towards the
program.
Vice Mayor Plummer: Which program?
Lt. Longueira: That's what I'm going to tell you. Anything over $4,500 has
to come to the Commission. Anything under doesn't. OK? And these are
programs such as, last time we did it the crime prevention float was funded
out of this fund. The Alternative Program is funded out of this. This is
just like budgeting the money in an overall program, and then it will come
back to you.
Vice Mayor Plummer: Do we have... we don't have a breakdown of who's
receiving what?
Lt. Longueira: No, you don't, not yet, sir.
Vice Mayor Plummer: I move it be deferred.
Lt. Longueira: Commissioner...
Commissioner Alonso: But we are doing this on",y allocating the money. And
then you will come for approval, right?
Lt. Longueira: Right, we'll come back to you.
Vice Mayor Plummer: No, but, in effect, what you're doing...
Mr. Odio: No, no, we'll bring it back to you every time.
155 September 11, 1991
Commissioner Alonso: That's not what they told...
Vice Mayor Plummer: Each item?
Mr. Odio: Yes.
Commissioner Alonso: Yes.
Vice Mayor Plummer: I'm sorry.
Lt. Longueira: Except for items under $4,500, when you ask us to do
something, you know, it's got to be done and it's not over $4,500, this allows
us to do it.
Vice Mayor Plummer: But technically... well, wait a minute.
Mr. Odio: Technically, we have to...
Vice Mayor Plummer: Technically, they can go every item at $4,500, and never
bring one back here.
Lt. Longueira: But that's not what we do, Commissioner.
Mr. Odio: I don't do that.
Vice Mayor Plummer: OK, I'm saying you can.
Commissioner De Yurre: Well, that's cumulative, forty-five cumulative. You
just can't divide it up.
Vice Mayor Plummer: Ha, ha, ha...
Commissioner De Yurre: Not legally. What they do, legally anything that goes
over $4,500 during a fiscal year...
Lt. Longueira: Comes back to the Commission.
Commissioner De Yurre: You can't give like $4,000 and then $4,000 the
following month.
Lt. Longueira: No, that's not what we do.
Vice Mayor Plummer: No, but you can give 20 different organizations $4,500
without bringing it here.
Commissioner De Yurre: Sure.
Vice Mayor Plummer: That's right.
Commissioner Alonso: I hope they don't do that.
Lt. Longueira: Yes, that's, and...
156 September 11, 1991
V 0)
Vice Mayor Plummer: Well, let's just approve this with a stipulation, an
amendment, stating that none of these dollars are to be disbursed in any
amount without Commission approval.
Commissioner Alonso: That's great.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Lt. Longueira: If that's what you want to do. Don't call us. You know,
schedule it on the item.
Vice Mayor Plummer: Put it on the consent agenda, at least we'll see it.
I'll move it with that amendment.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: With the proviso. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-648
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 90-
0148, ADOPTED FEBRUARY 15, 1990, CONCERNING THE ANTI-
DRUG EDUCATION PROGRAM BY ALLOCATING AN ADDITIONAL
$100,000 FOR SAID PROGRAM FROM THE CITY OF MIAMI LAW
ENFORCEMENT TRUST FUND THEREBY INCREASING THE
ALLOCATION FOR THE PROGRAM TO AN AMOUNT NOT TO EXCEED
$400,000, SUCH ADDITIONAL COSTS HAVING BEEN APPROVED
BY THE CHIEF OF POLICE AND SUBJECT TO APPROVAL FOR ALL
EXPENDITURES BY THE CITY COMMISSION.
(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.
157
September 11, 1991
------------------------------------------------------------------------------
40. AUTHORIZE FUNDING OF THE MIAMI POLICE COPS AND KIDS ATHLETIC DRUG
DIVERSIONARY PROGRAM - ALLOCATE $138,000 (Law Enforcement Trust Fund).
------------------------------------------------------------------------------
Mayor Suarez: Item 22. Kids athletic drug diversionary program.
Vice Mayor Plummer: Who's running this program?
Lt. Joseph Longueira: This is the boxing athletic program, sir.
Commissioner Dawkins: This is your baby, the boxing program.
Vice Mayor Plummer: This is...
Commissioner Dawkins: It's your baby, the boxing program.
Vice Mayor Plummer: This is the boxing program?
Lt. Longueira: Yes, sir.
Commissioner Dawkins: Yes, it is.
Vice Mayor Plummer: How much is the total budget for the boxing program?
Lt. Longueira: It was about $330,000. It's just...
Vice Mayor Plummer: Does that include salaries?
Lt. Longueira: Yes, that included, at the time, one sergeant and three police
officers. Now it's only one sergeant and two police officers. One has gone
back to the street.
Vice Mayor Plummer: That's three police officers. A sergeant and two.
Lt. Longueira: Yes, sir.
Vice Mayor Plummer: That's $170,000, roughly. And that's all of the funding
that that program gets.
Lt. Longueira: And this hundred and thirty-eight...
Vice Mayor Plummer: How much is the total program cost? I'm talking about
everything.
Commissioner Dawkins: Yah000, San Antoine!
Vice Mayor Plummer: Salaries, supplies.
Lt. Longueira: About three -thirty?
Vice Mayor Plummer: What is the total?
158 September 11, 1991
Ll
Lt. Longueira: It should be now, let me see.
Vice Mayor Plummer: Give me a ball park.
Lt. Longueira: About two seventy-five.
Vice Mayor Plummer: OK, how many kids does it serve?
Lt. Longueira: About 600 total, sir.
Vice Mayor Plummer: About 600.
Lt. Longueira: At four different sites.
Vice Mayor Plummer: OK, I'll do my math later. About 600, is that correct?
Lt. Longueira: Yes, sir. Four different sites.
Vice Mayor Plummer: OK, what about the accusation? -and I'm not saying that
it was other than an allegation, that in... Oh, I remember where it was. Was
it Overtown? In Overtown that that program was used to train professionals
for profit.
Lt. Longueira: Sir, let me explain the situation.
Vice Mayor Plummer: I'm asking...
Lt. Longueira: OK...
Vice Mayor Plummer: ...that allegation was made before this Commission. The
alleger is here. Come up and ask your question again.
Ms. Anne Marie Adker: I'm Anne Marie Adker. And know of a concept of the
boxing program. It was put together by myself and the former Chief Harms.
The concept was never to maintain boxers whom had gone into the professional
field, and that's what's happening. There is also a creation of school drop-
outs that's happening in the Overtown Athletic Boxing Club.
Lt. Longueira: OK, Commissioner, as far as the word professional. There are
several individuals that came up through our program. There are two at this
time that turned pro. These individuals are volunteers that work with the
kids in our program. OK? They also, after the hours that the kids are
finished, they utilize the facilities at the gym, OK. But the program does
not train them. The program does not manage them. The program does not pay
for their travel, does not pay for them in any way. They are volunteers. We
have about 15 volunteers working with this program with one sergeant and two
police officers and four sites and 600 kids, you couldn't do it alone. And
that's an ideal situation. To take a kid off the street that went up through
the program, he's done good. Now, he's back working in the program. They're
going to listen to him a lot more than they are somebody else that never came
through the program.
Commissioner Dawkins: What does...
159 September 11, 1991
Ms. Adker: Just a minute.
Mayor Suarez: Wait, wait, wait, ma'am.
Commissioner Dawkins: What does the professional who, as you say, use the
facilities after the others leave who was fighting professionally, what does
that professional fighter contribute back to the program?
Lt. Longueira: He volunteer... he coaches in the program, sir.
Commissioner Dawkins: What does... coach, OK, all right, so he coaches. Let
me ask a question then, I'm sorry. At Hadley Park...
Vice Mayor Plummer: Where's Ruder?
Lt. Longueira: OK, Comm....
Commissioner Dawkins: Is that included in this boxing program?
Lt. Longueira: Excuse me, sir?
Commissioner Dawkins: The boxing program at Hadley Park, is that a part of
this program?
Lt. Longueira: No, not yet. That is one we're working on, sir.
Commissioner Dawkins: Well, all right, well, what do you... well why not?
Lt. Longueira: Manpower is our problem right now, sir. We have Jose Marti,
Overtown, Wynwood, and Coconut Grove. Hadley is not in it yet, sir.
Commissioner Dawkins: Then hold it now. Wait now, hold it. Name the parks.
Lt. Longueira: Jose Marti...
Commissioner Dawkins: Um hmm.
Lt. Longueira: Overtown...
Commissioner Dawkins: Um hmmm.
Lt. Longueira: Wynwood and Coconut Grove.
Commissioner Dawkins: And between those three, you got 200 youngsters per
program.
Vice Mayor Plummer: Four, four.
Mayor Suarez: About 150 per program total.
Lt. Longueira: Four places. About - yes 600 kids over four.
160
September 11, 1991
}
Commissioner Dawkins: Well, what do you do with $138,000? All right, let's
go back. Mrs. Adker, what do you see them doing with $138,000 in the Overtown
program where there is one? Were you there everyday?
Vice Mayor Plummer: No, $400,000.
Commissioner Dawkins: What do you see that they do?
Ms. Adker: Well, I mean $138,000 can easily be spent in a good program. I am
not trying to knock...
Commissioner Dawkins: I know, ma'am, I'm asking you what do they do, ma'am?
I didn't ask you... I mean, what do you see them doing? That's all I asked.
If it's nothing, say nothing. If it's training the youngsters and taking them
to the boxing matches, I mean, that's what... I'm just trying to find out what
do they do?
Ms. Adker: I don't know what they actually do.
Commissioner Dawkins: OK. Thank you, Anne.
Ms. Adker: However, what I'm saying is that Pat Burns travels out of town
with professional boxers, OK? I don't see any professional boxers around that
gym helping. I don't know what they do in the other gyms, but I don't see
that much help from them in the Overtown gym. OK? They have PSA's around
there and what not. But I really object to them still keeping a handle on the
professional boxers.
Lt. Longueira: Commissioner, Sergeant Burns does travel on occasion with
these boxers on his own vacation time. OK. It is not City time at all.
Vice Mayor Plummer: Professionals?
Lt. Longueira: Yes, with the ones that came up through the program...
Commissioner Dawkins: Who was their manager?
Lt. Longueira: And to give you an under...
Ms. Adker: He is.
Commissioner Dawkins: Who is their manager?
Mayor Suarez: Wait, wait, wait.
Ms. Adker: He is.
Commissioner Dawkins: Who's their manager?
Ms. Adker: He is.
Commissioner Dawkins: The boxers who box, who is their manager?
Ms. Adker: He is.
161
September 11, 1991
Lt. Longueira: At this time, he's helping them. He does not receive
anything. And to give you an idea, their largest purse...
Commissioner Dawkins: That's not... Who is the manager of the fighter as he
train with him?
Lt. Longueira: He is.
Commissioner Dawkins: OK, that's all.
Lt. Longueira: Sir, if I could just clarify one thing. The largest purse any
of them has ever won is $7,500. OK? I mean, we're talking... once you go in
a fight that's out of the amateur, you're a professional and that's it, no
matter what. Whether you win or lose or what. So, let's understand what
we're talking about when somebody's saying a professional. It's not Mike
Tyson, it's not somebody that's making $250,000. The largest purse any of
these kids has ever won is $7,500.
Commissioner Dawkins: And that's not often.
Lt. Longueira: No, and that's not often. OK, they do a lot of good, sir.
Commissioner Dawkins: No, well you see...
Vice Mayor Plummer: What?
Lt. Longueira: We couldn't do it without these boxers that come back.
Commissioner Dawkins: OK, all I need to know is, who funds the Hadley Park
program?
Vice Mayor Plummer: Parks and Recreation.
Lt. Longueira: Parks and Rec.
Commissioner Dawkins: OK. Mr. Manager, I'd like to meet with you, Mr. Al
Ruder. I've told you for a year that as Mrs. Adker say, I don't see no kids
in that gym. They're all professional fighters. Now, I'm not going to
comment about any of the others. You just told me that this money does not
fund that, so I don't have anything to do with it. But Al and I have
discussed this, and I need to sit down with you, Mr. Manager, and you make
some decisions. OK? Thank you.
Mayor Suarez: OK. Further questions on item?
Vice Mayor Plummer: Mr. Mayor, I am voting negative on this. You want to
speak, Thelma? Sure.
Mrs. Thelma Gibson: Yes, I'd like...
Mayor Suarez: Before you vote negative, maybe if we let Mrs. Gibson speak.
162
September 11, 1991
Mrs. Gibson: I'd just like to speak for the one in Coconut Grove, because we
started two years ago and, you know, we did a building on Grand Avenue to do
that program. We have some 115 youngsters who come in there five days a week.
Vice Mayor Plummer: Great program. Great program.
Mrs. Gibson: And they have learned to be respectful. They go down to Tucker
and get those kids. They have been able to travel. Some of these kids have
never been out of Coconut Grove before. And with this program, they have been
able to travel and to see other things and the way other people do things.
And I think that they have been giving them training and taken the G.E.D. so
that they could pass the test. The professionals that we have come, who have
been white and blacks and Hispanics, who come to the Grove to help those
youngsters. And they are not being paid to do that. And I could speak in
favor of the program any day, anywhere. Now, that's for the Grove. I cannot
speak for Overtown or any other section, but I can tell you, Mr. Mayor and
members of the Commission, that it is a program that is worth keeping.
Vice Mayor Plummer: Thelma, we don't have any disagreement. It's a great
program. My disagreement is I hired three policemen to do police work, to
enforce the law. I do not have enough policemen on the street. Pat Burns
does an excellent job in that program. And if he was a civilian being paid
the same amount of money, I have no problem with it. But he's in the police
budget and according to that, he is one more individual that is not out
enforcing the law.
Mrs. Gibson: But Mr...
Vice Mayor Plummer: I will continue to vote that way.
Mrs. Gibson: Mr. Vice Mayor...
Vice Mayor Plummer: We cannot afford the luxury.
Mrs. Gibson: I just have to tell you though, that that's police work, working
with some of hard core youngsters that they work with.
Vice Mayor Plummer: Thelma, we have a disa...
Mrs. Gibson: This keeps the police from having to do some of the things that
have to be done out there in the street.
Vice Mayor Plummer: Just the same way the Boys Club is doing it, and they do
a great job. The Boys Club do a great job. I am only taking exception. I
hire policemen to enforce the law. Now, I know I'm going to lose up here, but
I'm going to make the point. We don't have enough policemen on the street.
We've got the policemen. We've got a hundred of them sitting in that station
pushing pencils and pushing desks. That's not where the crime is, and that's
not what I pay them for. If we've got the luxury of gutting our crime
control, you know, somewhere along the line, somebody has got to realize we're
number one in crime!
Commissioner Dawkins: Number two.
163 September 11, 1991
13
n
Vice Mayor Plummer: No. We're number one.
Commissioner Dawkins: Number two.
Mayor Suarez: I don't agree with that.
Vice Mayor Plummer: And... well, you can... hey,
it just because the FBI says it, but that's what
are number one in crime. And until we take every
got to address the number one problem, I'm going to
I'm not going to agree with
the world understands. We
sworn policeman that we've
vote against, Mr. Mayor.
Mayor Suarez: It's a philosophical disagreement on the issue of...
Vice Mayor Plummer: Well, fine.
Mayor Suarez: ...and then there's an economic aspect of this. The
philosophical disagreement is the one that Commissioner, Vice Mayor, is
dealing with, which is people hold us to having a 1,114 police officers. If
some of them are involved in something essentially of a civilian nature -
although I think we all agree that the fact that they are police officers adds
to the impact on the young people - but they hold us to having these people as
officers, meaning they're basically chasing the bad guys, not the potential
bad guys. Now, there's an economic aspect to this, which is that - and they
not come down on the opposite side of the Vice Mayor on that, although I
understand his argument. The economic aspect of this is, we're using monies
that some citizens think should be used instead to fund Pat Burns or someone
like him to be out in the street doing regular patrolling or police work. The
answer to that is that these are law enforcement trust fund monies. And the
answer then... and the question then becomes, and I hope that Commissioner
Alonso will look at Law Enforcement Trust Fund because I think Commissioner
Dawkins has given up and I've given up on... but I've got most of the figures.
Do we have a systematic logical way of making recommendations and working with
the Chief on using these funds? I happen to think, by the way, lieutenant and
Pat, sergeant, that of the various funds that we allocate from the Law
Enforcement Trust Fund, this is one of the best programs. Some of the other
ones, I - tot of problem with. You know, I told you about Do The Right Thing
and a few others, you know, and some of the other ones I've seen on the
agenda. But we should have a systematic approach. I mean, we're talking this
year over $6,000,000 have been seized. I don't know how much of that is going
to become available. You assume 35 percent to 70 percent factor, you've been
telling me. You're talking between two million and 4.2 million dollars. It's
a lot of money. It can be used, we think, to fund a lot of other efforts.
The homeless is one that comes to mind. The homeless, I proposed that and the
law enforcement problem created by the homeless in downtown is incredible.
You know that and we know that. And right away I was told, no, no, no, you
really can't do that with... Why not? I mean, if you can do some of the other
stuff that I see, you would think you would be able... I hope that
Commissioner Alonso will take a look at this because the figures are there,
they're interesting. And, again, we have to apply some systematic analysis to
this, otherwise we're going to be floundering around doing whatever it is
that...
Vice Mayor Plummer: No, it's in relation to this, but it's the stuff that
Jack Eads sent me.
164 September 11, 1991
Mayor Suarez: ...in the minds of the Chief or yourselves or interest groups.
One time, we had a program funded, it really was way out there. I think it
had to do with something at the Coconut Grove Playhouse. This Commission
almost went totally bananas on that one. We built in minority components, we
built in young people, we built in all kinds of things to make it seem like
something that was in some way related to law enforcement. But it was a
tough, it was a real tough one. And you remember which one I'm talking about.
Commissioner Alonso: Today we have one that is even worse, but let's not get
into that.
Lt. Longueira: If it's the play that they did, yes, I remember that one.
Mayor Suarez: Yes, the play. You know, I mean...
Lt. Longueira: That was an excellent program. I...
Mayor Suarez: Yes, somehow the money can be used for a play, but it can't be
used...
Commissioner Dawkins: You know, that's where...
Mayor Suarez: ...to solve the problems created by the homeless downtown and
their own problems, which are clearly law enforcement related. I don't know,
I don't know, Joe.
Lt. Longueira: But that play went to...
Commissioner Dawkins: You see, Mr. Mayor, that's where I have a problem.
He's talking about what he think is a good program. The program is fine, but
the drug problem is in the ghetto, and they did not go in the ghetto and get
this program up. They went to Coconut Grove Playhouse. They got...
Lt. Longueira: No, sir, that...
Commissioner Dawkins: Yes, yes, yes, and held it down there and got some
people from there. You know...
Mayor Suarez: Joe, you made your presentation. You didn't convince us that
time. I guess it must have passed by the - you know - the grace of God.
Commissioner Dawkins: Yes, J.L. Plummer pushed it.
Commissioner Alonso: Like the Anne Frank exhibition this morning. It also
passed. I'm having a hard time...
Mayor Suarez: That was in the consent agenda. I wasn't even aware.
Commissioner Alonso showed that to me. There's an Anne Frank exhibition,
something...
Commissioner Alonso: Exhibition.
Mayor Suarez: ...entirely worthwhile doing, but I don't see...
165 September 11, 1991
Commissioner Alonso: I'm having a lot of problems with that.
Lt. Longueira: That whole thing is built around specifically a big program
across the nation on hate crimes and anti -discrimination dealing with hate
crimes.
Mayor Suarez: I see a little connection.
Lt. Longueira: That's in conjunction with the school programs. They're going
to have discussions on discrimination and hate crimes. That's an anti -crime
program. That's ideal.
Commissioner Alonso: Fine. I hope you have the opening of mind to help us
get the funds to some other programs that we feel are as effective as this
one. And that you will have the flexibility to approve them the same way.
Mayor Suarez: Yes, Reverent White was here a little while ago. He's got an
AME convention in town, and we had the toughest time finding a few thousand
dollars for the parking of the people that are going to be attending that so
they don't have to pay parking to the Off Street Parking Authority. I think
it was like $4,000.
Commissioner Dawkins: Plus security for them.
Mayor Suarez: And security. You would think that that is a little bit more
related to promotion of love.
Vice Mayor Plummer: I don't see them.
Mayor Suarez: I mean, you're talking about hate, well, if you promote love, I
suppose, and you promote education, you promote people being... I mean,
somehow, Joe, these linkages between what you're trying to accomplish in the
law enforcement area...
Vice Mayor Plummer: No, no, no, no....
Mayor Suarez: ...and the kind of program that you fund, are not as clear to
us as they should be. Because we've got to make these decisions. There's a
state law, I've looked at it. I got to give you all of that too. The
statutes are clear. We make the ultimate decision. The Chief recommends.
And we're not taking our obligation seriously enough. It's not being done
systematically.
Commissioner Alonso: To say the least, sometime it's confusing...
Lt. Longueira: Yes.
Commissioner Alonso: ...to see the logic, how it is applied. And this
program, I couldn't agree more. I'm all for it.
Mayor Suarez: OK. On item 23. I understand that to be - item 22 rather...
Commissioner Alonso: Twenty-two, yes.
166 September 11, 1991
Mayor Suarez: ...to be a motion.
Commissioner Alonso: Yes.
Mayor Suarez: Do we have a second on item 22? I do want to take the
opportunity to...
Commissioner Dawkins: Second.
Mayor Suarez: Seconded by Commissioner Dawkins - to complement the visibility
the program has gotten.
Vice Mayor Plummer: Just for the record...
Mayor Suarez: And particularly the recent TV.
Commissioner Dawkins: I second it, although I agree with everything J.L.
Plummer said.
Vice Mayor Plummer: Just for the record, I think it's a great program. I
think Pat Burns and the others do a great job. My negative vote will reflect
law enforcement people not being used for law enforcement. So that's what I
want to put on the record.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-649
A RESOLUTION AUTHORIZING THE FUNDING OF THE MIAMI
POLICE COPS AND KIDS ATHLETIC DRUG DIVERSIONARY
PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $138,000, FROM THE CITY OF MIAMI LAW
ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN
APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor J. L. Plummer, Jr.
ABSENT: None.
167 September 11, 1991
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Yes, but just in case he begins to have a majority, Mr.
Manager, I think the other way to deal with this in the future is to try to
figure out a way to put it under Parks where it belongs. And that may mean...
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: I agree.
Commissioner Dawkins: And also, if Pat Burns has to work with it, as J. L.
said, let him fight crime during the day, and do this as a part time thing and
j he gets paid at the part time rate. And let him go fight crime as J.L. wants
l him to do.
Mayor Suarez: And maybe we need Sgt. Burns out there commanding our officers.
Vice Mayor Plummer: I can't fight crime alone. Sometimes I think I do.
Mayor Suarez: There was a chief that used to...
Commissioner Dawkins: That's just your imagination.
Mayor Suarez: There was a police chief that used to always say that your work
was paramilitary. I used to love that - paramilitary organization that we
are. Anyhow, you don't look like a paramilitary type, sergeant.
Vice Mayor Plummer: Damn right.
41. ACCEPT BID: MET CONSTRUCTION, INC. ($76,750), TOTAL BID, FOR N.W. 7
STREET BRIDGE RENOVATIONS B-4546 (CIP 341175) - EXECUTE CONTRACT.
Mayor Suarez: Item 23. It should be in Parks.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second, with pleasure.
Mayor Suarez: Second on 23. Any discussion?
Commissioner Alonso: Within the City of Miami.
Mayor Suarez: Really, for a change.
Commissioner Alonso: Wonderful.
Mayor Suarez: If not, please call the roll on 23.
168 September 11, 1991
0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-650
A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT OF $76,750.00, TOTAL BID
OF THE PROPOSAL, FOR NORTHWEST 7TH STREET BRIDGE
RENOVATIONS B - 4546; WITH MONIES THEREFOR ALLOCATED
FROM THE FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT
ORDINANCE NO. 10782, PROJECT NO. 341175, IN THE AMOUNT
OF $76,750.00 TO COVER THE CONTRACT COST AND
$17,646.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $94,396.00; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now, were these guys beneficiaries of the 5 percent, or
whatever the percentage is, that we give preference to local?
Dr. Luis Prieto: No, they are a City of Miami firm, sir.
Mayor Suarez: Right, but they were beneficiary of that.
Mr. Odio: They were lowest bidder.
Mr. Prieto: No, they are lowest bidder on top of that.
Commissioner Alonso: They were the lowest.
Mayor Suarez: And on top of that, the lowest bidder. Good.
169 September 11, 1991
s
-------- ---------------------------------------------------------------------
42. ACCEPT BID: SOLO CONSTRUCTION CORPORATION ($984,235), TOTAL BID, FOR
ENGLEWOOD STORM SEWER PROJECT - PHASE I B-5547 (CIP 352195) - EXECUTE
CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Twenty-four.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion on 24? If not, please call the roll.
Commissioner Dawkins: Wait a minute! Commissioner De Yurre got question.
Commissioner De Yurre: Now, now, did any Hispanic bid on this?
Mr. Prieto: Yes, sir, seven Hispanics bid; lost.
Commissioner De Yurre: OK, just wanted to know.
Commissioner Dawkins: All right, OK. But we beat them out. Go ahead.
Vice Mayor Plummer: How many Anglos?
Mr. Odio: Zero... (INAUDIBLE STATEMENT).
Vice Mayor Plummer: How many Anglos?
Mr. Odio: What is that?
Vice Mayor Plummer: What is that? I'm beginning to wonder myself.
Commissioner De Yurre: Something that looks like you.
Vice Mayor Plummer: Were there any Anglo bidders? There were none.
Mr. John Brennan: You're a dying breed.
Vice Mayor Plummer: Endangered species.
Mr. Prieto: We sent 285 invitations, what we have.
Vice Mayor Plummer: And not one Anglo...
Mayor Suarez: There's nothing...
170 September 11, 1991
Vice Mayor Plummer: Wait, wait a minute. _
Mayor Suarez: There's nothing Anglo about John Brennan. Now, that doesn't
sound like an Anglo name at all.
Mr. Odio: No, no, that's not...
Vice Mayor Plummer: Are you telling me that there was not a single...
Mayor Suarez: Irish or Scottish or something, but not Anglo.
Vice Mayor Plummer: Non Latin White.
Mr. Odio: I'm sorry, but there weren't.
Mr. Prieto: Let me correct, six.
Mayor Suarez: That's the definition.
Vice Mayor Plummer: No, that's how I'm listed now.
Mayor Suarez: You're an NLW.
Vice Mayor Plummer: I am a non Latin White.
Mr. Odio: No, a nonminority.
Vice Mayor Plummer: I am the only minority. All kidding aside, there were no
non Latin White that bid?
Mr. Prieto: I'm sorry, six firms.
Vice Mayor Plummer: Oh, OK.
Mayor Suarez: When you were born, your mother said, God, we got a non Latin
White here.
Vice Mayor Plummer: That ain't what my father said. I got one more
pallbearer.
Mr. Prieto: What did happen is the first five lowest ones are minorities.
Mayor Suarez: Call the roll.
171 September 11, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-651
A RESOLUTION ACCEPTING THE BID OF SOLO CONSTRUCTION
CORPORATION, IN THE PROPOSED AMOUNT OF $984,235.00,
TOTAL BID OF THE PROPOSAL, FOR ENGLEWOOD STORM SEWER
PROJECT - PHASE I 8-5547; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 352195,
IN THE AMOUNT OF $984,235.00 TO COVER THE CONTRACT
COST AND $188,086.09 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $1,172,321.09; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
43. ACCEPT BID: FRANK J. MORAN, INC. ($447,710), TOTAL BID PLUS ADDITIVE
ITEMS A AND C OF PROPOSAL, FOR ORANGE BOWL MODERNIZATION PROJECT II -
ELECTRICAL DISTRIBUTION (INSTALLATION) B-2991-D - EXECUTE CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Item 25.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. Miami contractor.
Commissioner Alonso: Just one question. How come we have been so efficient
in getting this into this agenda? I read here September 3rd, and then signed
9/5/91 at the bottom. But it's in this agenda?
Mr. Prieto: Yes.
172 September 11, 1991
Commissioner Alonso: How did we manage to do that?
Mr. Prieto: We put in the resolution without the prices.
Vice Mayor Plummer: They were instructedl
Mr. Odio: This is of a vital...
Commissioner Alonso: So we do it when we want.
Mayor Suarez: Ah.
Vice Mayor Plummer: Mr. Mayor...
Commissioner Alonso: And great is the Miami contractor.
Vice Mayor Plummer: Have you called the roll? Wait a minute.
Mayor Suarez: No, no, we don't have a second.
Vice Mayor Plummer: I second it.
Mayor Suarez: I think I'm ready to deem Commissioner Alonso's comments to be
favorable, therefore, a second.
Commissioner Alonso: Yes.
Mayor Suarez: Now she seconded it. Yes, J.L., Vice Mayor.
Vice Mayor Plummer: No, go ahead, call the roll on this. I want to...
Mayor Suarez: Call the roll on item 25.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-652
A RESOLUTION ACCEPTING THE BID OF FRANK J. MORAN,
INC., IN AN AMOUNT NOT TO EXCEED $447,710.00, TOTAL
BID PLUS ADDITIVE ITEMS A & C OF THE PROPOSAL, FOR
ORANGE BOWL MODERNIZATION PROJECT PHASE II -
ELECTRICAL DISTRIBUTION (INSTALLATION) B-2991-D; WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91
CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO.
404238, IN THE AMOUNT OF $447,710.00 TO COVER THE
CONTRACT COST AND $57,621.19 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL OF $505,331.19; 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.)
173 September 11, 1991
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.
44. VICE MAYOR PLUMMER CRITICIZES THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
BOARD FOR NOT HAVING SCHEDULED BOARD APPOINTMENTS FOR THIS MEETING (See
label 65).
------------------------- ----------------------------------------------------
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Vice Mayor.
Vice Mayor Plummer: We demanded at the last meeting that the appointments to
the DDA be made today. And I am now finding out that they are not being made
today.
Commissioner De Yurre: You got no respect.
Mayor Suarez: There's Rodney.
Vice Mayor Plummer: They got no respect. I want to know why in the hell
Matthew Schwartz pulled that item from the agenda.
Commissioner De Yurre: Ask him at 5:00 o'clock.
Vice Mayor Plummer: Because you call Matthew Schwartz and you tell him to get
his butt down here, and I'm going to make my appointment today...
Mayor Suarez: Can you wait an hour?
Vice Mayor Plummer: ...whether he's the director or not the director.
Mayor Suarez: Absolutely. Can you wait till 1:00? -an hour and ten minutes
from now he'll be here at 5:00, I guarantee.
Vice Mayor Plummer: No, let him start down here now.
Mayor Suarez: All right.
Vice Mayor Plummer: Because I want to tear him up a little bit before he has
a chance.
174 September 11, 1991
AOL
Commissioner Alonso: Oh, I'm afraid he will not pass his budget today.
Mayor Suarez: Call him at 579-6675.
Vice Mayor Plummer: What? It's not what I had for lunch. It's about damn
time that somebody around here, when we say we're going to do something,
understand it. And 1f they're not going to do it, let's get rid of them.
Mayor Suarez: All right. OK.
Vice Mayor Plummer: Who works for who?
------------------------------------------------------------------------------
45. RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVER REQUIREMENT FOR
COMPETITIVE BIDDING - APPROVE ACQUISITION OF 10 SPECIALLY TRAINED POLICE
HORSES (OVER NEXT 5 YEARS) FROM NATIONAL MOUNTED POLICE TRAINING GROUP -
ALLOCATE $30,000 (Law Enforcement Trust Fund).
------------------------------------------------------------------------------
Mayor Suarez: Item 26, ratifying the City Manager's finding of sole source.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. National Mounted Police Training Group. Second,
Commissioner Alonso. Any discussion? If not, please...
Commissioner Alonso: Oh, these are the horses.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-653
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION
OF TEN (10) SPECIALLY TRAINED POLICE HORSES OVER THE
NEXT FIVE (5) YEARS FROM NATIONAL MOUNTED POLICE
TRAINING GROUP AT A PROPOSED TOTAL COST OF $30,000.00
FOR THE DEPARTMENT OF POLICE; USING FUNDS THEREFOR
PREVIOUSLY ALLOCATED FROM THE LAW ENFORCEMENT TRUST
FUND (RESOLUTION NO. 91-45), PROJECT NO. 690001,
ACCOUNT NO. 290970-875; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE ON AN AS -NEEDED BASIS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
175 September 11, 1991
E
2
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I want to make the record. I'm going to vote for it.
But I want to tell you that I think that the horse and mounted patrol of this
City needs to do more than write parking tickets. Because that's about all
they do. And I think that there can be a better utilization - what is
there? -16 of them now, Joe? -eighteen?
Mr. Odio: We lost some ... (INAUDIBLE STATEMENT).
Vice Mayor Plummer: OK, but 16 or 18 that because of the fact we are paying,
right now, per man, $55,000 per year and God knows the upkeep and the waste on
those horses. Realizing every morning when I go to work, I see them coming in
at 9:30 and when I go home...and they don't get to their position until 10:00.
Mayor Suarez: It's the most picturesque, the most publicly supported and
least efficient law enforcement tool that we've got.
Vice Mayor Plummer: I'm saying the police chief needs to come back to this
Commission within the next 30 days...
Mayor Suarez: Looks nice.
Vice Mayor Plummer: ...and tell us how he is going to better utilize those
men than being just ticket writers.
Commissioner Dawkins: I beg to differ. It's men and women.
Vice Mayor Plummer: Men and women.
Commissioner Dawkins: Thank you.
Mayor Suarez: Yes, person, please. Thank you.
Vice Mayor Plummer: White and black. Non Latin whites, as well as Anglos and
all of the rest.
Commissioner Dawkins: But no American Indians.
176 September 11, 1991
L)
Vice Mayor Plummer: You want a war paint? Look, all I'm saying is, that is
18 policemen that today are primarily doing nothing but writing...
Commissioner Dawkins: Police persons.
Vice Mayor Plummer: Police persons, who are writing tickets. That is not the
number one crime in this town writing parking meters. They could be out doing
sting operations, and other operations. We are paying the average policeman
$55,000 a year, including perks. I don't know what Off Street Parking
Authority pays meter maiders - malder meters - meter maiders (LAUGHTER) -
whatever the hell they are.
Commissioner De Yurre: J.L., explain to me a sting operation with a mounted
police officer. 1 mean like...
Vice Mayor Plummer: Well, they did it in the old times. They can just circle
the wagons, if that's it. Circle the damn house. What I'm saying is, there
needs to be better utilization.
Commissioner Dawkins: You know, I agree with you, J.L. Even if we only put
them at school crossings, and then they come back.
Vice Mayor Plummer: Sir, it was... no, excuse me. There is a special fund of
money that comes from fine and forfeitures for that allocation in the Police
Department. The Police Department has not had the opportunity, nor for
whatever reason, to hire enough. And they are taking anywhere from three to
seven police cars a day out of service to cover that because they don't
recruit and keep enough of these guards. Seven police cars in a two hour is
14 hours.
Commissioner Dawkins: Yes, but if... I hear you, but the police car is a
deterrent to speeding. Once they see the police car from down the streets,
they have a tendency, J.L., to slow up.
Vice Mayor Plummer: Have you ever tried to run by this gal here on Douglas
Road in front of Tucker Elementary?
Commissioner Dawkins: No, but I tried to run by...
Vice Mayor Plummer: She will hit you in the head with that stop sign so fast
it makes your swim.
Mayor Suarez: Whatever happened with - I don't want to say whose idea it
was - but I think it was the person that sits all the way to my left...
Commissioner Dawkins: J.L. Plummer.
Mayor Suarez: ...with the idea of having the horse stables down in one of the
parks?
Mr. Odio: I want to, when we can, build... I thought of Bicentennial Park.
Vice Mayor Plummer: No, Mr. Mayor, answer his question...
177 September 11, 1991
Mr. Odio: Bicentennial Park.
Vice Mayor Plummer: His question was, we negotiated with the County that when
we gave up the stockade, they would build us a stable. What happened was,
when we went to Virginia Key, we were stopped by environmental that we could
not build on top of a landfill.
Mayor Suarez: What about that...
Vice Mayor Plummer: And subsequently, I assume that money is still in a trust
fund somewhere, the $500,000.
Mayor Suarez: What about the...
Mr. Odio: The balance that was not spent...
Vice Mayor Plummer: What?
Mr. Odio: The balance that was not spent.
Vice Mayor Plummer: Where is the money?
Lt. Joseph Longueira: A good portion of it was spent in design and in actual
construction prior to...
Mr. Odio: Yes, what happened...
Lt. Longueira: ...DERM(Department of Environmental Resources Management)
coming and stopping us.
Mayor Suarez: What about...
Mr. Odio: What happened is, they discovered there was methane gas...
Vice Mayor Plummer: That's what happened, Mr. Mayor.
Mayor Suarez: I understand that, but that's not the site I'm talking about.
I was just talking about the basic idea when he discussed... actually the time
that I'm thinking about is when he mentioned it for the Bicentennial Park and
I was thinking, for the FEC property. Can you imagine beautifying that? I'm
not saying that we could have extensive stables, but having some stables there
and some of the horses kept there and young people coming and getting a chance
to see them and, I mean, anything, folks. We've spent $23,000,000 on that
property. If you could give a little thought to that, lieutenant and Mr.
Manager...
Mr. Odio: OK.
Mayor Suarez: ...and get back to... the DDA could help with the concept
and...
Mr. Odio: No, if you ever go to South Beach, you will not know that there is
stables right there across Joe's Stone Crabs. And we went to see that, and we
would like to do something similar in Bicentennial, FEC, whatever.
178 September 11, 1991
Mayor Suarez: FEC, FEC, please, Bicentennial is being...
Mr. Odio: We just have to see how I can put some money together to build
that.
Mayor Suarez: Please. And I know I can convince Matthew in view of some of
the comments today, to look at the FEC site. And we have to provide a tot
more vegetation there, and shade and so on. We don't want the poor horses
to... OK, item twenty...
Ms. Hirai: Excuse me, finishing roll call, Mayor Suarez.
Mayor Suarez: Please, thank you. Yes.
46. RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVE REQUIREMENT FOR
COMPETITIVE BIDDING - APPROVE PURCHASE OF TEN MTX 8O0s PORTABLE TRUNKED
RADIOS FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC.
------------------------------------------------------------------------------
Mayor Suarez: Item 27.
Vice Mayor Plummer: What are these radios going to be used for? What are
the - item 27 - what are these radios being used for? Hello? Hello?
Mayor Suarez: GSA (General Services Administration) radios.
Mr. Odio: Sorry. What?
Vice Mayor Plummer: Hello? Are you there?
Mr. Ron Williams: Yes, sir.
Mayor Suarez: He's doing his imitation of a radio, don't worry about it.
Mr. Williams: Mr. Vice Mayor, these will be used in the local services. You
notice they're the MTXs as compared to the XTXs. We often have a need within
our operating the departments.
Vice Mayor Plummer: Who's going to have them?
Mr. Williams: We're going to have them in General Services Administration and
distribute them as we need to within the departments.
Vice Mayor Plummer: And you don't have enough radios.
Mr. Williams: Not at this point. We're short of the... the MTX now, not the
STX.
179 September 11, 1991
i
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Vice Mayor Plummer: Mr. Mayor.
Mr. Williams: Often, there is a need to have radios for events and other
kinds of programs.
Vice Mayor Plummer: This City is hard -up for money. Does anybody deny
that? - no. You've got tree trimmers with two-way radios, you can go right on
down the line of people that they are furnishing radios for and I don't know
what in the hell for.
Commissioner Alonso: Is this after the fact...?
Mr. Williams: Vice Mayor, they are a major productivity too, particularly, as
we continue to...
Vice Mayor Plummer: What emergency could arrive for a tree trimmer?
Mr. Williams: I don't know any tree trimmers, Vice Mayor, that has radios.
You always say that - I always look for that tree trimmer.
Vice Mayor Plummer: I see him out there and he's got a radio every time.
Mr. Williams: Certainly, the person that organizes a group of tree trimmers
and has two other projects going might need a radio to communicate back and
forth for those jobs, but certainly, as we continue to reduce the size of the
government, they end up being a valuable productivity too, we think.
Vice Mayor Plummer: Mr. Mayor, one of these days I am going to pull for you
some tapes of how those radios are used.
Vice Mayor Plummer: What do they say on them?
Vice Mayor Plummer: It's amazing. OK? I mean, anything from ordering dinner
to telling your wife that I am not going to be home, and where she is going,
and... that's right, and there are some unbeliejable conversations that take
place on those radios. And no City use at all. I'll tell you something, one
of these days I am going to pull some of these tapes for you - because they
are all there. What these people don't realize is that those tapes are being
recorded.
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: Yes.
Vice Mayor Plummer: It might make Kathy Willets look sick.
Commissioner Alonso: Where did I get the information that we could lose the
funds June 30, 191 in reference to this item?
Mayor Suarez: Yes, because you are saying it's a ratification of finding of
sole source and you are asking for retroactive approval.
Commissioner Alonso: Is this after the fact, we purchase this already?
180 September 11, 1991
l
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Vice Mayor Plummer: They are going to be made today.
Mr. Williams: No. When we say, sole source, Mr. Mayor, we have to ask for
your approval to ratify that sole source finding. Essentially, we have a
system that's based on Motorola Software Network, and essentially...
Mayor Suarez: OK. A requirement of four-fi'ths is only because of the
ordinance on sole source. OK.
Mr. Williams: The sole source finding.
Mayor Suarez: OK.
Commissioner Alonso: What about the June 30, 191? Why that date and where
did I get that information?
Mayor Suarez: Is there a June 30 1991 deadline fir some sort here?
Commissioner Alonso: Deadline of some sort?
Mr. Williams: There may have been some funds that's being used to support
that. I'll have to verify that, Commissioner.
Mayor Suarez: It's not a factor in this resolution? And it doesn't looking
like it is by looking at the face of it.
Commissioner Alonso: It is.
Mr. Williams: No. Essentially, we are asking .you to find that... the radios
must be sole source because they match the software in our network and that
requires a four -fifth ratification on that findlog.
Vice Mayor Plummer: We've got a problem?
Commissioner Alonso: No. OK. Go ahead.
Vice Mayor Plummer: We don't have four people here? We have to have four
people.
Commissioner Alonso: Here it is. "This purchase was deemed an emergency as
the funding for this repeater was from State EMS Grant money which expired
June 30 1991."
Mr. Williams: Is that twenty-eight or twenty-seven?
Commissioner Alonso: That's twenty-eight.
Mayor Suarez: OK. Next item.
Commissioner Alonso: OK. All right, we'll get Lo that in a second.
Commissioner Alonso: OK. Fine.
Vice Mayor Plummer: Move twenty-seven.
181 September 11, 1991
Mayor Suarez: On twenty-seven, we have a motion?
Commissioner Alonso: OK. Second.
Mayor Suarez: Second, Commissioner Alonso. Call the roll on twenty-seven.
Vice Mayor Plummer: We've got two thousand radios and three thousand
employees.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-654
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S WRITTEN
FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF
TEN MTX 800S PORTABLE TRUNKED RADIOS FOR USE ON THE
800 MHz TRUNKED COMMUNICATION SYSTEM FROM MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC., THE SOLE SOURCE
VENDOR FOR THE EQUIPMENT AT A PROPOSED COST OF
$17,090.00 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS
THEREFOR FOR THIS PURCHASE FROM THE CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 311012, ACCOUNT CODE
NO. 269903-840; 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 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:
ABSENT:
None.
Commissioner Miller J. Dawkins.
182
September 11, 1991
47. RATIFY MANAGER'S FINDING OF EMERGENCY - APPROVE PURCHASE OF A MOTOROLA
MSF 5000, 800 MHz CONVENTIONAL REPEATER FROM MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC.
Mayor Suarez: Item twenty-eight.
Vice Mayor Plummer: What are we buying there? Where is this repeater going?
Commissioner Alonso: Guess what?
Chief Huddleston: Chief Huddleston.
Vice Mayor Plummer: Twenty-eight. Where is this repeater going?
Chief Huddleston: This is going to be used in the Interstate Communications,
Commissioner, it's part of our State EMS grant money. It's been identified.
This will hook us into the State system. It's for hurricane, the problem with
Turkey Point, that type of the network.
Vice Mayor Plummer: Is Turkey Point our responsibility?
Chief Huddleston: No. Only the...
Vice Mayor Plummer: You know, I'll tell you, I don't how little cities
survive, I really don't. How the hell can a little city do this?
Chief Huddleston: This is State grant money. This is no money out of the
City. The reason that this is an emergency is because we were going to pass
the deadline on spending the money and buying this item that had been
identified, so we went ahead and convinced the Manager to sign off on it. We
purchased it, and this is simply approval to not lose that money.
Mayor Suarez: OK. What does the State do? - because I presume they can't
fund for every little city to be hooked into the system. They only fund...
Chief Huddleston: The State does fund the EMS... the EMS grants...
Mayor Suarez: The major cities, the major metropolitan areas?
Chief Huddleston: ... are for the different counties.
Vice Mayor Plummer: Mr. Mayor, there are cities in the State of Florida that
don't even have EMS.
Mayor Suarez: Right.
Vice Mayor Plummer: People forget that fifty percent of the cities in the
State of Florida of which there are four hundred -and -twelve, have populations
of less than what we have in cities of employees, less than three thousand
people in their city. Now, how in the hell do they do these kinds of things -
I don't know.
183 September 11, 1991
Mayor Suarez: They don't. They live a nice blissful life of ignoring some of
these problems, and God knows, they probably don't have as many, so.
Vice Mayor Plummer: This is for GSA. I rode up with the councilman from
Surfside who told me if one of his police cars break down, he has lost half of
his fleet.
Commissioner Alonso: What I don't understand, this is an emergency. The
request for purchase was completed in April as an emergency. Why it didn't
come to us before?
Chief Huddleston: Commissioner, I can't answer why it wasn't scheduled before
but I know that the reason that we had to bring it to you... the reason we had
to go ahead and take action is because the State has a deadline as to when we
could spend the money. So, we wanted to go ahead and purchase that item. It
had been approved by the State to buy and it's simply perfunctory that we are
bring it now to you to approve it. We didn't want to lose the...
Commissioner Alonso: Because what happens if we say no today? What happens?
Vice Mayor Plummer: They send it back.
Chief Huddleston: We haven't installed it but it's certainly money that... I
mean it's an item that we certainly need.
Commissioner Alonso: Something that was requested in April and it comes to us
now as an emergency - and it was requested as an emergency in April. Here it
is.
Chief Huddleston: I don't know why it didn't get in front of you before now -
I can't answer that, but...
Vice Mayor Plummer: You want the answer? I'll tell you what the answer is.
It was requested and we didn't have the funding so we held it up until the
funding came forward.
Commissioner Alonso: It's kind of funny that we do things that... after the
fact. Everything is an emergency.
Chief Huddleston: That could be it but it was State funds, Vice Mayor.
Vice Mayor Plummer: Hey, the State doesn't pay any quicker than we do.
Mayor Suarez: OK. On item twenty-eight.
Commissioner Alonso: OK, no choice. Move.
Vice Mayor Plummer: Second.
Mayor Suarez: Moved and seconded by Vice Mayor. Any discussion? If not,
please call the roll.
Commissioner Alonso: Feel like fools.
184 September 11, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-655
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
THAT THE EMERGENCY PURCHASE OF A MOTOROLA MSF 5000,
800 MHZ CONVENTIONAL REPEATER, WAS AN EMERGENCY NEED;
RATIFYING, APPROVING AND CONFIRMING THE ISSUANCE OF A
PURCHASE ORDER FOR THIS PURCHASE TO MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC. AT THE AMOUNT OF
$20,000.00 FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES WITH FUNDS THEREFOR BEING
j ALLOCATED FROM ACCOUNT CODE NO. 280504-840, PROJECT
! NO. 104005.
(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 Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
----------------------------------- ----------------------------------------
48. RATIFY MANAGER'S FINDING OF EMERGENCY - APPROVE REPLACEMENT OF THE
CHILLED WATER BUNDLE COMPONENT OF AIR CONDITIONING SYSTEM AT THE
MUNICIPAL JUSTICE BUILDING (1145 N.W. 11 STREET) - RATIFY PURCHASE OF
THIS SERVICE FROM CARRIER SYSTEMS SERVICES,.
{ ------------------------------------------------------------------------------
a Mayor Suarez: Item twenty-nine. This sounds like a true emergency. There
was a problem with... no?
Vice Mayor Plummer: Wait, wait, wait.
Commissioner Alonso: Yes, sure. We are moving to Du Pont Plaza.
Vice Mayor Plummer: We are moving all of these people out, what the hell are
we fixing up the air -conditioner for?
Commissioner Alonso: They did already.
185 September 11, 1991
Mr. Odio:
the...
You cannot have all those employees working the whole summer with
Vice Mayor Plummer: The summer is over.
Mr. Odio: Yes, sure, but this was fixed already - two months ago.
Vice Mayor Plummer: What is this? - ratifying again?
Mr. Williams: Yes.
Mr. Odio: We had to, Commissioner. You had health problems there.
Mayor Suarez: OK. On item twenty-nine.
Mr. Odio: You had two choices - what would be cheaper, and that's a decision
I had to make, to send all the employees home because they couldn't work, or
fix the chilled air.
Commissioner Alonso: When did you fix the air-condition?
Mr. Williams: It was finally fixed the end of June.
Commissioner Dawkins: What after, needs to be fixed?
Commissioner Alonso: Because I visited the building and they didn't have air-
condition.
Mr. Williams: Yes. It was broken...
Commissioner Alonso: And they were there for an extended period of time.
Mr. Williams: ... during most of the month of June.
Commissioner Dawkins: Mr. Manager, what building did you fix?
Mr. Odio: Twenty-nine, Commissioner, the Municipal...
Commissioner Dawkins: Why did you fix it and they don't pay us any rent?
Mr. Odio: I didn't fix it for them. I fixed it for our employees.
Mr. Williams: That's Municipal Justice Building.
Mr. Odio: That's our employees that were sitting there and couldn't work.
Vice Mayor Plummer: Is that also piped upstairs to the jail?
Mr. Williams: No, we fixed the other side, personnel side.
Mr. Odio: No.
Commissioner Alonso: Just our part.
186 September 11, 1991
a
Vice Mayor Plummer: Yes. They just got water pouring down from the laundry
machines that they have up there.
Commissioner Alonso: And other things as well.
Vice Mayor Plummer: And they flood all of our downstairs.
Mr. Odio: Well as you know, I sent them a bill for a million nine hundred
thousand dollars that I intend to...
Vice Mayor Plummer: Yes, you are still waiting.
Mr. Odio: Well, I've got...
Vice Mayor Plummer: They will send you a check Friday night.
Mr. Odio: We also have to pay them some scale fees, you know.
Commissioner Alonso: That's fine, and they will not pay it us.
Commissioner Dawkins: Thank you.
Mayor Suarez: All right. On item twenty-nine I'll entertain a motion.
Commissioner Dawkins said thank you, that's close enough. Take a second.
Commissioner Alonso: Yes, why not?
Mayor Suarez: Thank you. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-656
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S WRITTEN
FINDING THAT THE REPLACEMENT OF THE CHILLED WATER
BUNDLE COMPONENT OF THE AIR CONDITIONING SYSTEM AT THE
MUNICIPAL JUSTICE BUILDING, WAS AN EMERGENCY NEED;
RATIFYING, APPROVING AND CONFIRMING THE ISSUANCE OF A
PURCHASE ORDER FOR THIS SERVICE TO CARRIER SYSTEMS AND
SERVICES AT THE AMOUNT OF $22,279.00 FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, WITH FUNDS THEREFOR BEING ALLOCATED FROM
ACCOUNT CODE NO. 429402-772, PROJECT NO. 311022.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alons.o, the resolution was passed
and adopted by the following vote:
187 September 11, 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.
49. AUTHORIZE INCREASE ($200,000) IN CONTRACT ($347,396) WITH MANTELL
ENGINEERING CONTRACTORS, INC. CONCERNING THE DOWNTOWN SANITARY SEWER
REPLACEMENT - PHASE III PROJECT (CIP 351281) - RATIFY MANAGER'S FINDING
OF AN EMERGENCY.
Mayor Suarez: Item thirty. Authorizing an increase in the contract to two
hundred thousand ($200,000) for Mantell Engineering and City of Miami.
Commissioner Alonso: Now, I have problems.
Mayor Suarez: Downtown Sanitary Sewer Replacement Phase III Project, Capital
improvement project number whatever. Yes, Commissioner Alonso.
Commissioner Alonso: Dr. Prieto, I have problems with this wording. "Due to
the size and importance of this FPL (Florida Power & Light) facility, the City
cannot reasonably expect FPL to absorb the entire cost of relocating this
facility."
Mayor Suarez: What does that mean?
Commissioner Alonso: The estimate cost of this relocation is approximately
fifty thousand, I don't see why they cannot pay it when they don't pay taxes
for the properties that they have in the City of Miami. And by the way, I
believe it is about time they do pay taxes.
Dr. Luis Prieto: Yes, ma'am.
Commissioner Alonso: And I certainly would like to instruct the
administration to see what we can do to have them pay taxes like everyone
else.
Dr. Prieto: I agree.
Commissioner Alonso: Why couldn't they pay fifty thousand dollars? Why is
the taxpayer always the one paying?
Dr. Prieto: In principle, I agree with you.
Mayor Suarez: They are regulated monopoly. They'll pass on whatever cost
they incur to guess what? - to us.
188 September 11, 1991
Dr. Prieto: That's correct.
Commissioner Alonso: They do, anyway.
Dr. Prieto: That's right. In principle, I agree with you. This matter
however, is very simple. We get reimbursed directly for all these costs by
WASA (Water and Sewerage Authority). We have negotiated with the...
Mayor Suarez: By the Water and Sewer Board?
Dr. Prieto: Yes. It was a problem that Florida Power and Light had very bad
plans, they had told us they didn't have a duct bank there, so when we started
to dig, there it was. So, rather than have them replace it and litigate with
us for six months to a year, the street is broken up, we decided we would pass
on the cost to WASA and they agreed.
Commissioner Alonso: Dr. Prieto, no one inspect this kind of work. This is
very serious plans that have to be made and then the work is conducted and
bids are awarded to all of these people.
Dr. Prieto: Yes.
Commissioner Alonso: No one inspect these? According to what you described
here for us...
Dr. Prieto: We did inspect.
Commissioner Alonso: ... it was a series of mistakes.
Dr. Prieto: Well, we did...
Commissioner Alonso: They got off where they we:-e supposed to be and so on.
Dr. Prieto: Yes.
Commissioner Alonso: Why? No one tells them, you have to correct this at
this time?
Dr. Prieto: Remember, this is the old part of the City. This duct bank has
been there for so many years that really, accurate drawings were never kept at
that time. But this was compounded not only by Florida Power and Light,
Metromover installed some footings out of where they should have place them -
where we were going to put our sewer. And when we decided to put our sewer
in, Metromover had already moved in and had occupied the space where we were
going to move in. So, we are two agencies, they were impinging upon our
right-of-way...
Commissioner Alonso: You see?
Vice Mayor Plummer: Tell them to move it.
Dr. Prieto: ... and basically, this is to remedy that. But let me say, these
two hundred thousand dollars that we are requesting you to authorize, is so we
can finish the street and we are getting totally reimbursed by WASA.
189 September 11, 1991
Commissioner Alonso: Who will pay us? - the Water Department?
Dr. Prieto: Miami Dade Water and Sewer Authority.
Commissioner Alonso: They will increase it to our taxpayers. They will
Increase the fees...
Dr. Prieto: Yes.
Commissioner Alonso: ... and then they will be paying for that. Why can't
the contractor be responsible for these things? I bet it's happening today,
it's not only in the past.
Dr. Prieto: Yes. Well, the contractor in this case is not at fault. The
contractor found the Florida Power and Light duct where it was not supposed to
be, so it was not his fault. It was Florida Power and Light that did not give
us accurate information. And also, Metromover, they had placed their footings
where they shouldn't have. So, here were two problems we were faced, the
street is broken, if you go down 1st Street now, you will see, it's mess and
we want to get out of there. The contractor is on board, this is a way to
clear him out.
Commissioner Alonso: As usual, we have no choice.
Dr. Prieto: I regret that, but you're right.
Vice Mayor Plummer: We have no choice, we have no choice. Move it.
Mayor Suarez: Moved.
Vice Mayor Plummer: Nothing to argue about. I mean, is there anything to
argue about? What the hell can we do?
Commissioner Alonso: No.
Vice Mayor Plummer: So, let's move it and move on. Bite the bullet.
Mayor Suarez: We will apply all the arguments on the other items to this one
and we can put that in the record and be done with it.
Dr. Prieto: Thank you.
Mayor Suarez: She moved here glasses up and down, that's a second to me.
Seconded by Commissioner Alonso.
Commissioner Alonso: Next time, I'll throw the glasses away.
Mayor Suarez: You have to be totally still and not reflect any emotion
whatsoever, otherwise, I'll deem that to be a second.
Commissioner Alonso: Otherwise, he takes it as a second.
Mayor Suarez: Right. Any discussion? If not, please call the roll.
190 September 11, 1991
"I
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Vice Mayor Plummer: When I talk up, they put me down.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-657
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $200,000 IN THE CONTRACT BETWEEN
MANTELL ENGINEERING CONTRACTORS, INC. AND THE CITY OF
MIAMI, FLORIDA, DATED DECEMBER 7, 1990, IN THE AMOUNT
OF $347,396.00, INCLUDING THE ADDENDUM TO CONTRACT
AGREEMENT DATED NOVEMBER 2, 1990, FOR THE DOWNTOWN
SANITARY SEWER REPLACEMENT -PHASE III PROJECT, CAPITAL
IMPROVEMENT PROJECT NO. 351281, WITH SAID FUNDS TO BE
PROVIDED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO.
10782, FROM FUNDS ALREADY APPROPRIATED TO THE PROJECT;
FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING
THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY
CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF
THE MEMBERS OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
50. (A) DISCUSSION CONCERNING TAX EXEMPT PROPERTIES, AND A PROPOSED USERS' FEE
FOR CITY SERVICES.
(B) DISCUSSION CONCERNING PROPOSED MANDATORY RESIDENCY FOR CITY EMPLOYEES.
Vice Mayor Plummer: Let me ask of the Manager. Mr. Manager, I asked you and
the legal department to determine whether or not there was a facility in which
this City could render to tax exempt properties, a users fee for those
services provided by the City, which normally covered under ad valorem
taxation - they were exempt from, I have not heard a word back from you.
Well, working on it - how long are they going to work on it?
191 September 11, 1991
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Mr. Odio: The last meeting in July, we are...
Vice Mayor Plummer: Well, I asking, what's going on?
Commissioner Alonso: We need money.
Vice Mayor Plummer: We need money - why not?
{ Mr. Odio: Commissioner, I have had people from Mano Surana's shop now for
I months studying the Boston program that they have. The problem we just
discovered last week, that it's a voluntary program that you cannot enforce.
It is not enforceable.
Vice Mayor Plummer: Is it not... can we refuse to provide service?
Mr. Odio: If it is emergency services, no, you cannot. - Or health related.
Vice Mayor Plummer: Well, you know, I am being told, just for the edification
of this Commission, that better than a third of our properties in the City of
Miami are tax free. We have all of the State buildings, we have all of the
Federal buildings...
Commissioner Dawkins: All the County buildings.
Vice Mayor Plummer: We have all of the School Board buildings.
Commissioner Dawkins: All the jails.
Vice Mayor Plummer: All of the jails. We have the tax exempt hospital, all
of these things that we are having to provide by the taxpayers of the City of
Miami.
Commissioner Dawkins: You forgot two.
Vice Mayor Plummer: What?
Commissioner Dawkins: The two new Federal jails - you forgot those.
Vice Mayor Plummer: Oh! We've got two Federal jails.
Commissioner Alonso: FPL.
Vice Mayor Plummer: You know, the only one I am not going to argue with is
churches. But even there, we have to provide emergency services. Now, you
know, something somewhere has got to give. I cannot continue to ask my four
hundred and forty thousand taxpayers in the City of Miami to provide monies
for a million and -a -half people who come into this town daily. Something has
got to give. Now, I'll tell you - I don't think I'm letting, I can tell you
that my sister City of Coral Gables is implementing a plan right now that if
you want to do anything as a tax exempt organization in Coconut... in Coral
Gables, you're going to have to pay something. I just... you know, it is
unfair to ask me to pick up the tab for all of Dade County. That is unfair.
And I am saying, whether it's voluntary, involuntary - let me tell you how
192 September 11, 1991
Coral Gables is doing it, they are asking for a zoning change - that
particular individual application and they are not getting a zoning change
until they agree to a users' fee. Now, there has got to be some way legally
1 that we can do it.
Mayor Suarez: I'm glad you came up with another way of contemplating or
conceptualizing the idea of linkage ordinance right there - zoning change,
users fee.
Mr. Odio: There are other ways...
Vice Mayor Plummer: Mr. Mayor, we can't do it any longer.
Mr. Odio: Well, at one time...
Vice Mayor Plummer: We are providing rescue service in the day time, not to
the four hundred and forty thousand residents of our City, we are providing
rescue to almost a million and -a -half people.
Commissioner Alonso: Indeed.
Mr. Odio: Well, we have been talking... Mayor, I want to say something that
would be...
Vice Mayor Plummer: We are not providing police service to four hundred and
forty thousand people, we are providing police service to a million and -a -half
in the day time.
Mayor Suarez: And we get, of the sales tax to the extent that they spend any
money in the City, we get one half of one cent.
Mr. Odio: You can...
Vice Mayor Plummer: Something has got to give, Mr. Manager.
Mayor Suarez: Am I not right on that?
Commissioner Dawkins: But they do not spend money, they go back home in their
neighborhoods where they live and spend money.
Mayor Suarez: And some of them don't even spend any money. They don't even
buy downtown.
Commissioner Dawkins: That's right, Mr. Mayor.
Mr. Odio: There could be another way.
Vice Mayor Plummer: There has got to be something.
Mr. Odio: You can do it through another way, not the building... we are
thinking of the building.
Vice Mayor Plummer: Well, when are we going to do it?
193 September 11, 1991
Mr. Odio: Well, I might need some... really, well, hope by October that we
can come back with a plan. See, they have to drive into the City, they have
to park in the City, and at one time we talked about selling stickers to be
able to park in the City - like a tax to the car.
Vice Mayor Plummer: That sounds like a nightmare of enforcement, OK?
Mr. Odio: No, no.
Mayor Suarez: A consumer tax was discussed before.
Mr. Odio: Because you charge it to the parking. You add it to the parking -
through parking.
Mayor Suarez: I think Commissioner Dawkins proposed it and he got most of the
phone calls, but I got quite a few too.
Vice Mayor Plummer: Well, look, all I'm saying to you Mr. Manager, we've got
to provide...
Mayor Suarez: Commuter tax, I say, commuter tax, that's what it is.
Vice Mayor Plummer: ... you know, we can't...
Commissioner Alonso: Washington D.C. was going to do that. I don't know if
they really implemented it.
Vice Mayor Plummer: New York is doing it. You have to have a special decal
in New York to come into the City. All I am saying...
Mayor Suarez: Well, they are a population of eight hundred and twenty
thousand people according to their police department.
Vice Mayor Plummer: We have got to find a way Mr. Manager - hello - we have
got to find a way to get the rest of the County to pick up the tab for the
services that we are providing. And I tell you, it's got to come and it's got
to come quick because this City cannot stand up under this gaff any longer.
There is just no way we can do it.
Commissioner Dawkins: J.L. Plummer said that. I want to see what the Miami
Herald will print in the morning about what J.L. said. When I said it, it was
all wrong and I was trying to put people out of the City. I'm going to see
what they say in the morning.
Mayor Suarez: The Plummer commuter tax - that should be it right there.
Vice Mayor Plummer: Well, maybe the Miami Herald will be just as right or
wrong as they were in the recent election, out of five issues they
recommended, only one won.
Commissioner Alonso: They lost big this time.
Vice Mayor Plummer: And that was a nonbinding straw vote of the School Board.
Out of five issues that they strongly recommended, one passed. And with that
kind of odds, I'll go against them all day long.
194 September 11, 1991
r
Mayor Suarez: It was not a good day for the Miami Herald, it was not a good
day.
Vice Mayor Plummer: No, it was not.
Commissioner Alonso: No, not at all.
Vice Mayor Plummer: I think it... Mr. Mayor, it has to be said in a
different way, it was one more bad day. Mr. Mayor, I hope my Commissioners,
my colleagues agree that we've got to pursue something along this line, we
just can't continue. You know, and conversely, when I want back and I asked
the Metropolitan Dade County, out of the Bonds for Progress, three hundred
million dollars of which my taxpayers pay 27 percent of that bond, what did we
get out of that? What did my taxpayers get? Listen to this. We got the
renovations of Viscaya, we got the redoing of the Mac Arthur Causeway, and the
refurbishing of the Dade County Auditorium. That's what my 27 percent monies
of my City people went in and got out of a three hundred million dollar bond
issue in Dade County.
Commissioner Dawkins: I'm going to give you one better than that, J.L.
Vice Mayor Plummer: Please don't.
Commissioner Dawkins: Mr. Mayor, what is the ad valorem taxes collected from
renters... I mean from taxpayers in the City of Miami? - approximately.
Mayor Suarez: About a hundred million dollars.
Commissioner Dawkins: All right. And what is the budget for the employees of
the City of Miami? What amount of money?
Vice Mayor Plummer: Ninety percent.
Mayor Suarez: According to J.L. Plummer, ninety percent.
Vice Mayor Plummer: Ninety point two percent.
Commissioner Dawkins: And of the workforce of the City of Miami, how many of
them live in the City and pay taxes in the City? - of the workforce.
Mayor Suarez: We never figured that out.
Vice Mayor Plummer: Forty percent.
Commissioner Dawkins: You know - no forty percent.
Mr. Odio: Less than forty.
Commissioner Dawkins: Way less than forty. So there you see, you're taking
the taxpayers dollars, J.L., paying people to work in City who do not live in
the City, who do not contribute back to the tax base in the City of Miami, so,
you're right on target, but how?
195 September 11, 1991
Mayor Suarez: Would you in connection with that line of thinking Mr. Manager,
provide us when we have the early retirement plan going into effect, what
percentage of the people that retire in fact, did not live in the City of
Miami? I'd like to see. I have a feeling it is going to be a high
percentage. And I hope we replace them now with people who live in the City.
Counselor, for the unions, we've got an agreement in principle on that - all
new employees, I know we haven't implemented them, we haven't...
Mr. Odio: We have talked and...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: The what?
Mayor Suarez: No, no, no. The whole point is to make it effective the moment
they are officially employees and from that point forward, on a mandatory
basis. That's my understanding...
Commissioner Dawkins: You move out the City, you automatically lose the job.
Mayor Suarez: ... the agreement in principle. Let's hope that by the time we
are ready to implement it, it is not forgotten that that is what it was and we
get... right. OK. But as to the ones that are leaving Mr. Manager, if you
could provide us that, I think it would be an interesting figure.
Commissioner Alonso: All of them.
Mayor Suarez: Commissioner Alonso says, all of them, I think she is right.
Commissioner Alonso: All of them.
Mayor Suarez: I think it's almost all of them.
Commissioner Alonso: Yes.
51. DISCUSSION CONCERNING FUNDING REQUEST FROM CONCERT SYMPHONY POP FOR A
THEATRICAL PRODUCTION - DIRECT ADMINISTRATION TO ASSIST, WITHOUT
EXPENSES TO THE CITY.
[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. TRANSLATION WERE MADE BY MR. CESAR ODIO.]
Mayor Suarez: Item thirty-one, Concert Symphony. Are you with them, Mr.
Brennan?
196 September 11, 1991
Alk
Mr. John Brennan: On thirty-two.
Mayor Suarez: Concert Symphony Pop.
Mr. Brennan: No, I'm thirty-two. I...
Mayor Suarez: Maybe, you are the Concern Symphony Pop. You're the Waterfront
Board Pop.
Mr. Brennan: I am the Waterfront Board, the Tax Exempt Waterfront Board.
Mayor Suarez: All right, there is no one here on item thirty-one? All right,
item thirty-two.
Mr. Osvaldo Estivill: Me.
Commissioner Dawkins: Yes, come thirty-one.
Mayor Suarez: I'm sorry, thirty-one. Yes.
Mr. Estivill: I need an interpreter.
Mayor Suarez: Mr. Manager is a great interpreter. State your name and
address and then...
Mr. Odio: SI, HABLE DESPACIO, POR FAVOR.
Mayor Suarez: ... go slowly.
Mr. Estivill: OK.
Mayor Suarez: SU NOMBRE Y SU DIRECCION, POR FAVOR.
Mr. Estivill: MI NOMBRE ES OSVALDO ESTIVILL. MI DIRECCION ES 3245 N.W. 81
TERRACE.
TRANSLATION: My name is Osvaldo Estivill.
Mr. Odio: Excuse me, put the microphone. Did you get that, Matty, because I
didn't.
Mr. Estivill: It's OK?
Mr. Odio: It's OK. SIGUE, SIGUE, DESPACIO.
Mr. Estivill: LOS FIRMANTES DE ESTE PROYECTO HAN PRESENTADO EL MISMO A LA
CONSIDERACION DE ESTA DISTINGUIDA COMISION, AL OBJETO DE PODER REALIZAR EN LA
MANERA PERMISIBLE A NUESTROS ESFUERZOS UNA FORMA DE PRESENTACIONES SIMILARES
COMO RECORDACION Y SENSITIVIDAD A LO NUESTRO. NOMBRE DE ZARZUELA CUBANA
TALES...
TRANSLATION: Those that are signing this project have presented the same to
your consideration with the object of to be able to realize in the way that it
will be permissible for our efforts a form... say that again. DIGALO OTRA
VEZ, POR FAVOR... A presentation... a series of presentations similar as a
remembrance and sensibility to our...
197 September 11, 1991
Mr. Odio: Wait... I can't... HABLE BIEN EN EL MICROFONO. QUE HABLE EN EL
MICROFONO, POR FAVOR.
Mr. Estivill: AH, PERDON.... HOMBRE DE ZARZUELAS CUBANAS.
TRANSLATION: This is a type of Zarzuela dances - I don't know how to...
Spanish dances.
Mr. Estevill: No, Cuban.
Mr. Odio: Cuban Zarzuela. I didn't know we had that. OK. ESTA BIEN. Cuban
Zarzuelas.
Mr. Estevill: There is a difference.
Mr. Odio: ESTA BIEN. Cuban Zarzuela.
Mr. Estivill: TALES COMO "MARIA LA 0," "EL CAFETAL," "ROSA LA CHINA," "LOLA
CRUZ."
Mr. Odio: "MARIA LA 0," The Cafe... well, these are not translatable. Go
ahead, keep going. SIGA.
Mayor Suarez: OK. We get the idea. YA TENEMOS UNA IDEA. Go ahead.
Mr. Estivill: OK?
Mr. Odio: Si.
Mayor Suarez: Because if we try to transfer proper names, it doesn't work.
Mr. Odio: It just doesn't work.
Mayor Suarez: That's like trying to translate Miller Dawkins to Spanish, you
know it just...
Mr. Odio: SIGA, SIGA.
Mr. Estivill: OK. HAN SIDO ELABORADAS POR MI Y ESTRENADAS MUCHAS DE ELLAS EN
GRATELLI BAJO LA DIRECCION MUSICAL...ALGUNAS POR EL MAESTRO FAJARDO, Y OTRAS
POR MI PROPIA PERSONA. SITUANDOSE OTRAS Y ESTRENADAS POR MI EN ORGANIZACIONES
DE NUESTRO GRAN MIAMI. ESTA PEQUENA INFORMACION QUE HE PUESTO A MANERA DE
COMENTARIO Y CONTANDO CON LA COLABORACION DEL MAESTRO FAJARDO, LA HALO ANTE
ESTA DISTINGUIDA COMISION Y HONORABLE SENOR ALCALDE AL OBJETO DE QUE PUEDA SER
APROBADO ESTE PROYECTO ARTISTICO CUBANO QUE NO SOLAMENTE IMPORTA A LOS
CUBANOS, SINO TAMBIEN A LATINOS Y ANGLO-AMERICANOS QUE TAMBIEN GUSTAN DE
NUESTRA MUSICA. OK, GRACIAS.
TRANSLATION: They have been created by him and they have many times been
shown by Gratelli under the musical direction. Some of them by Fajardo and
others. Another was that it will be created by him with organizations of our
great Miami. This little background information that he has told you as a
form of commentary and counting on your... the collaboration of Fajardo. He
come forward in front of this distinguished Commission and his Honorable Mayor
with the object of you could approve this project by a Cuban artist that
198 September 11, 1991
AWk
doesn't only matter to Cubans but also to Latins and anglo Americans that are
also they like the Cuban music.
Mr. Odio: Should I translate...
Mayor Suarez: Would you agree to meet with them and see what facilities they
are looking for, and...?
Mr. Odio: Oh, no, I have a budget that they presented and...
Mayor Suarez: Well we have no out of pocket... we have no budget, so...
Mr. Odio: It's ten thousand dollars ($10,000). I told them...
Mayor Suarez: ... but on any other facilities and support that you might give
them on this production, I don't think anybody has any problem with that, as
long as it doesn't involve any out of pocket expenses.
Mr. Odio: They are requesting ten thousand dollars ($10,000).
Mayor Suarez: OK.
Mr. Odio: They want us to...
Mayor Suarez: So we can be positive about the support, and not negative.
Mr. Odio: Right.
Mayor Suarez: I mean, we can easily pass a motion to restate what we've
stated which is we have...
Mr. Odio: They have not made arrangements with any theater that we know.
USTEDES HAN ALQUILADO, 0 HAN HECHO ARREGLOS PAR" ALQUILAR ALGUN TEATRO, 0
TIENEN IDEA EN DONDE LO QUIEREN RACER?
Mr. Estivill: TODAVIA NO HEMOS TENIDO...
TRANSLATION: They have not made any arrangements for any place.
Mayor Suarez: Would someone from your staff...
Mr. Odio: Yes, sure.
Mayor Suarez: Dr. Lizaso perhaps, or someone meet with them to see if we can
help them to make viable listing if it doesn't involve any expenditure of City
funds, which we don't have for this purpose.
Mr. Odio: ALGUIEN DE LA ADMINISTRACION SE VA A REUNIR CON USTEDES, ES LO QUE
EL LE ESTA DICIENDO.
Mayor Suarez: Dr. Lizaso to see what facilities we may have that you may use
and to help you.
Mr. Estivill: ESTA BIEN.
199 September 11, 1991
Mayor Suarez: But we have no... as far as money, the good old green stuff,
you know, DINERO, there is none.
Mr. Odio: LE ESTA DICIENDO QUE NO HAY DINERO EN EFECTIVO, PERO QUE CON
MUCHISIMO GUSTO LO AYUDARIAMOS A VER COMO PODIAN RESOLVER DE OTRA FORMA.
Mr. Estivill: ESTA MUY BIEN.
Mr. Alberto Fajardo: CON PERMISO, PUEDO DIRIGIRME?
TRANSLATION: With your permission, can I address you?
Mayor Suarez: Very briefly.
Mr. Fajardo: LA INTENCION NUESTRA ES NO ADECENTAR, LIMPIAR UN AMBIENTE QUE
ESTA BASTANTE DETERIORADO, SING MOSTRAR FACES DE UNA CULTURA CUBANA-AMERICANA
QUE DESGRACIADAMENTE NO SE TIENE EN CUENTA 0 QUE GRANDES INTERESES ARTISTICOS
LO HAN IMPEDIDO, Y YO CREO QUE DESPUES DE 32 ANOS DE VIVIR EN ESTA CIUDAD Y
HABER PRESENTADO GRANDES ESPECTACULOS OPERISTICOS DE BALLET Y DE ZARZUELAS,
ESTA COMISION QUE SE QUE AUNQUE ES PRIMERA VEZ QUE ME PARO ANTE ESTOS
MICROFONOS, HA TRATADO DE RESOLVER UNA SITUACION ARTISTICA DESPRECIABLE EN
MIAMI DONDE NO ES CULPA DE NADIE, SING DE UNA SITUACION MUNDIAL QUE NOS AHOGA
A TODOS. YO ESPERO QUE USTEDES, LOS COMISIONADOS DE MIAMI, QUE HOY HE
RECIBIDO YO UNA GRAN EXPERIENCIA AL VER CON LA PRONTITUD Y LA SERIEDAD CON QUE
LE HACEN FRENTE A PETICIONES DISTINTAS. NO IMPORTA SI OBTENDRIAMOS 0 NO LA
APROBACION, PERO PARA MI HA SIDO UNA EXPERIENCIA MAGNIFICA. Thank you.
Mr. Odio: Out intensions are... They don't want to cleanse the ambiance that
is quite deteriorated. But they want to show some faces to the Cuban culture
to others. That unfortunately, some people don't keep it in mind because of
conflicts in the world of the art and they think after thirty-two years of
living in the City and having shown great shows this City Commission that he
knows, and it's the first time he comes here in front of you has tried to help
resolve the issues in the artist world in Miami which is nobody's fault, but
it's something that is worldwide and it suffocates them all. He hopes that
you the Commissioners of Miami that are today that he has learned a great
experience today to see how quickly and expeditiously you face other requests
of this type. He doesn't care if he gets or noz the donation but for him, it
has been a great experience. Thank you.
Mr. Odio: That's what I needed.
200 September 11, 1991
s
----------------------------------------------------------------------------- =
52. (A) APPOINT / REAPPOINT INDIVIDUALS TO SERVE ON THE WATERFRONT
ADVISORY BOARD (Appointed were: Richard Bunnell and Eursla
Wells; reappointed were: William Harrington, Frank Albritton
and Rev. James Davis).
(B) APPROVE REESTABLISHMENT OF A MARKED CHANNEL TO THE SOUTH OF
DINNER KEY, SUBJECT TO COAST GUARD AND OTHER REGULATORY AGENCY
APPROVAL REQUIRED FOR APPROPRIATION OF FUNDS FROM DINNER KEY
MARINA RETAINED EARNINGS.
Mayor Suarez: Item thirty-two, Waterfront Advisory Board. Do we have some
appointments that are clearly to be made by certain Commissioners? - before we
take the... because I...
Mr. John Brennan: Yes, sir.
Commissioner Alonso: Yes.
Mayor Suarez: I'll entertain motions on those. Commissioner Alonso, you have
one?
Commissioner Alonso: Yes. Richard Bunnell.
Mayor Suarez: OK, as to Mr. Bunnell, nominated by Commissioner Alonso.
Commissioner De Yurre: I'm reappointing William Harrington.
Mayor Suarez: What's the name?
Commissioner De Yurre: William Harrington.
Mayor Suarez: William Harrington, that's Commissioner De Yurre. I am
reappointing Frank Albritton with serious reservations. Anyone else?
Mr. Brennan: That would be nice. He is one of *:he good guys.
Vice Mayor Plummer: Who did you put, Miriam?
Commissioner Alonso: I beg you pardon?
Mayor Suarez: Mr. Bunnell.
Commissioner Alonso: Richard Bunnell - the last one.
Mr. Brennan: The paper I put in front of you...
Mr. Gonzalez-Goenaga: Excuse me, I wanted to talks about this.
Vice Mayor Plummer: But, now, wait a minute. Which one does Bunnell go...? -
Bunnell goes in here?
201 September 11, 1991
Commissioner Alonso: Stuart Sorg resigned.
Vice Mayor Plummer: Oh, up here?
Commissioner Alonso: Yes.
Mayor Suarez: Well, you're not on the agenda to talk about that issue and
they have been referred to the administration, so you may meet with them now
and give your recommendations - Dr. Lizaso, Manolo.
Mr. Brennan: Each of you...
Commissioner Alonso: I have only one appointment, right?
Mr. Brennan: You have two.
Commissioner Alonso: Two?
Mr. Brennan: Yes.
Commissioner Alonso: Terrific.
Vice Mayor Plummer: Who did Dawkins have?
Mr. Brennan: Dick... Captain Bob Lewis has been our alternate for a year and
served admirably and I would like to see him appointed as a fulltime, if
that's possible?
Commissioner Dawkins: OK. No problems.
Mr. Brennan: No problem.
Commissioner Dawkins: I mean, unless you've got a vote.
Vice Mayor Plummer: Who is going in Dawkins, in your category "A"?
Commissioner Dawkins: Mrs. Eursla Wells.
Mayor Suarez: Mrs. Wells. That's nominated.
Mr. Brennan: Ms. Eursla Wells? OK.
Vice Mayor Plummer: All right. And Bunnell is going in your category "A"?
Commissioner Alonso: Yes.
Mr. Brennan: OK.
Vice Mayor Plummer: Now, in category "B," Alonso, did you recommend for "B"?
Commissioner Alonso: Did he take any of these n�.mes?
Mr. Brennan: Captain Lewis is the only spot... OK, go ahead.
202 September 11, 1991
Vice Mayor Plummer:
Commissioner Alonso:
Vice Mayor Plummer:
Mayor Suarez: Yes.
Vice Mayor Plummer:
And Dawkins?
The last one... no, I took only one.
I took only one. Yes, but what about this?
Xavier, you're going with Albritton?
And De Yurre, you're going with Harrington? All right.
Commissioner Dawkins: Rev. James... reappointing Reverend James Davis.
Vice Mayor Plummer: Alonso.
Commissioner Alonso: Beg you pardon?
Vice Mayor Plummer: Category "B."
Commissioner Alonso: Yes, but it's vacant.
Vice Mayor Plummer: It's yours.
Mayor Suarez: Do you have any other recommendations that Commissioner Alonso
might want to consider so we can get these done?
Commissioner Alonso: Yes, maybe.
Mr. Brennan: Captain Bob Lewis is an alternate...
Vice Mayor Plummer: Bob Lewis is very very much...
Mr. Brennan: We would like to have him appointed as a fulltime member, if
that's possible.
Commissioner De Yurre: And then Dick has already been recommended for
fulltime.
Mr. Brennan: Yes, that's true. He is covered.
Commissioner Alonso: I will wait until the next Commission meeting to make my
appointment in the second position.
Mayor Suarez: OK. Reserve that appointment, Commissioner Alonso. Anything
else we can take action on?
Mr. Brennan: Yes.
Vice Mayor Plummer: Well, OK. Wait a minute, hold on. In all fairness, what
I was going to do, was to switch Wellington to the alternate and Lewis to the
fulltime.
Mr. Brennan: That's all right too.
203 September 11, 1991
Vice Mayor Plummer: Well, but I was going to... I would rather wait until
Miriam makes her decision and hopefully, she might put in Bob Lewis and I am
not trying to lobby her.
Mr. Brennan: No, no.
Vice Mayor Plummer: But if she does that, then I will put Wellington back in
as my fulltime designate.
Mr. Brennan: OK.
Vice Mayor Plummer: I am just saying that Bob Lewis is a very good good
advocate there, so is Wellington.
Mr. Brennan: Yes.
Vice Mayor Plummer: And I think that we ought to have the opportunity to do
what is best for this board.
Mr. Brennan: OK. We are up here because the time has run out. Their term
will extend until they are replaced one way or another.
Vice Mayor Plummer: I think that's automatic.
Mr. Brennan: So, we are fine. That makes it legal.
Vice Mayor Plummer: That's automatic.
Mr. Brennan: If that's fair with everybody, we have one more issue.
Mayor Suarez: Let's take a vote on that.
Vice Mayor Plummer: I'll move those names proffered in both categories "A"
and "B" be approved with the exception of Commissioner Alonso and Plummer's
two in category "B."
Mayor Suarez: OK. As to all of those moved and seconded. Any discussion?
if not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-658
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
ON THE MIAMI WATERFRONT ADVISORY BOAF_D.
(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:
204 September 11, 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: OK. Shoot.
Mr. Brennan: OK. For the record, I am John A. Brennan and I am the chairman
of this august group. You were looking at a plan of a Dinner Key channel, a
second channel out here. The Waterfront Board has met with all parties over
the past year or so. We started out with a complaint that people were running
into the boats in the anchorage area and everybody seem to be unhappy. And we
worked with each of these groups, and while we do not have a hundred percent
agreement, we probably have a good eighty-five or ninety percent agreement
that this is a fair plan. And the game plan is, is to drive nine pilings as
is indicated on the chart that you are looking at, put a lighted marker at the
end. They are two hundred -and -fifty feet across the base of the channel, the
channel is about a mile long, there will be no dredging.
Vice Mayor Plummer: Which one is it designated on the map?
Mr. Brennan: Boy, somebody just stole my chart.
Vice Mayor Plummer: Is it the four-way channel, the entrada channel, which
channel? - Oh, no name.
Mr. Brennan: It's the one in the... it's the one that's marked dark - with
the dark ink. It's got 1550 on it. See the 1550 numbers?
Vice Mayor Plummer: Yes, I see it.
Commissioner Alonso: Yes.
Mr. Brennan: This is not going to be a dredged channel so we shouldn't have
to go into a lot of problems, but if... what we are trying to do is prevent an
accident. One accident would cost considerably more than this will cost the
City. We are looking at the approval... we have the approval of the sailing
club, the people that use the ramps, the people that use the docks. This...
Vice Mayor Plummer: Where will the money come from?
Mr. Brennan: The money should be able to come from the Dinner Key enterprise,
J.L. As of this moment, I am advised that the... you've closed the accounts
but there is still twenty-five thousand dollars ($25,000) which is what this
will cost. Twenty-five thousand dollars in the Marina's budget...
Vice Mayor Plummer: Manager. I move it if the funds are available, I move
it.
205 September 11, 1991
s
Mr. Alberto Ruder: Yes. I just want to clarify, it's going to come from the
Dinner Key CIP (Capital Improvement Program) and we will have to bring in an
appropriation ordinance in the future.
Vice Mayor Plummer: You take it from where ever the Manager recommends.
Mayor Suarez: The Dinner Key Capital Improvement budget, I love your
acronyms, but really, you know, tell the rest to the world and us what exactly
you mean.
Vice Mayor Plummer: Fine. I move it, Mr. Mayor, assuming that the funds are
available.
Commissioner Alonso: Second.
Mayor Suarez: So moved and second.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Discussion, Commissioner Dawkins.
Commissioner Dawkins: I didn't hear you say you had the approval of the Coast
Guard.
Mr. Brennan: No. We are going to have to get permits and verification. But
this is private property, we should not have any trouble at all, sir. We have
talked to the Coast Guard about it, but we haven't...
Commissioner Dawkins: Well, I would suggest you talk to the Coast Guard.
Mr. Brennan: We have already done so.
Commissioner Dawkins: I mean... I know you think that you are a Board that
don't need to check with nobody but I would suggest you check with the Coast
Guard.
Mr. Brennan: Oh, no, no, that's not true, sir. We have already.
Commissioner Dawkins: Well, what did they say?
Mr. Frank Albritton: They sent us the application forms to give to the City,
and they said there will be no problem.
Commissioner Dawkins: They sent you and application which said, there would
be no problem?
Mr. Brennan: No, it... we can take care of it, honestly. It should not be a
big deal.
Commissioner Dawkins: OK. Well, I am not going to vote for this until you
show it to me.
Mr. Brennan: OK.
206 September 11, 1991
Vice Mayor Plummer: Subject to - fine.
Mayor Suarez: We've got a long way to go on it.
Mr. Brennan: Thank you, very much.
Mayor Suarez: Moved and second. Any discussion? Call the roll on the
motion.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-659
A RESOLUTION APPROVING REESTABLISHMENT OF A MARKED
CHANNEL TO THE SOUTH OF DINNER KEY, SUBJECT TO THE
APPROVAL OF THE UNITED STATES COAST GUARD AND OTHER
REGULATORY AGENCIES AS MAY BE REQUIRED, WITH FUNDS FOR
SAID CHANNEL TO BE MADE AVAILABLE FROM DINNER KEY
MARINA RETAINED EARNINGS WHICH WILL BE APPROPRIATED AS
A CAPITAL IMPROVEMENT PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I vote, yes, with the understanding that...
Vice Mayor Plummer: Subject to.
Commissioner Dawkins: ... if the money is not available or if the Coast Guard
does not approve, I'll be voting no, on the second reading.
Mayor Suarez: The same concerns and provisos.
207 September 11, 1991
53. APPROVE, IN PRINCIPLE, CONCEPT PRESENTED BY SOUTH GROVE HOMEOWNERS
ASSOCIATION TO INSTALL 53 TRAFFIC SIGNS (AT THEIR OWN EXPENSE) TO
RESTRICT NON-RESIDENTIAL TRAFFIC NORTHBOUND ALONG LEJEUNE FROM TURNING
EASTWARD TO MAIN HIGHWAY DURING RUSH HOURS - URGE DADE COUNTY TO
IMPLEMENT RESOLUTION 89-907.
Mayor Suarez: OK. Item thirty-three, South Grove Homeowners. Traffic plan.
Does the City and you concur, Lou?
Mr. Louis Wechsler: We are prepared to show you, just as background. I am
Lou Wechsler, president of the South Grove Homeowners Association. Back in
1989, the Commission passed a resolution. As a result of a coordinated effort
between the South Grove Homeowners Association and some other various
residents on Loquat and Kumquat who wanted to barricade the area. Just to
bring you up to snuff on what went on, in the spirit of what was best for the
community, the City unanimously passed this resolution which is now called,
plan "C". Plan "C" was an interesting plan to correct the traffic flow
between Le Jeune, Douglas and Main Highway - both in the morning hours when
people were coming through that area, residential area, and later on in the
day when they came back out. Recently, during the Carrollton School issue,
the property that was sold by the developer, along the Derring Danieson
estate, this issue came back to hand again. Unfortunately, when the
resolution was passed in 1989, the City didn't provide any funds for it. So
through the cooperation of your department of Public Works, Dr. Prieto, was
very helpful in asking the County to fund this project, but they refused.
Isn't that something?
Commissioner Alonso: That's normal with them.
Mr. Wechsler: That the County doesn't take care of the people after the City
votes a resolution to put the signage up. So, we got together and we were
fortunate in having the citizenry fund this project. And one of the citizens
involved in the spirit of what was going on in South Grove, donated the money
to the South Grove Homeowners Association. That money is now in trust and we
are prepared to go forward and put that signage up. However, we want to
appeal to the City in reference to your professionals here, the poor treatment
that they've received from the County. I think this is a slur, I can tell you
that we who are taxpayers here really want to know where our money is going,
because that tax bill comes from the County as well as the City. And if they
are not going to fund what the City wants, we expect the City to go after
them. So that's part and parcel of our appearance here today.
Vice Mayor Plummer: That's a full time job for each City Commissioner if they
were to go after the County for everything they con't do.
Mr. Wechsler: Yes, but, that's why you
to do it and they need your support.
in that area, since you've passed that
have professionals and they are trying
And we as the voters and the taxpayers
resolution we are coming back... we've
done something I don't think you've ever had before. We've got private people
to fund that signage. And I don't know where you can ever go back and find
208 September 11, 1991
11
that in your record. So, I think you've got a new precedent here. And if you
do get reimbursed for the signage, we'd like to use the balance of the money
as was described in plan "C," to be used to change the traffic lights that
were in that program. That becomes something past our ability. I must tell
you that today, on the way to this Commission meeting, coming down Royal Palm,
there was a line-up of traffic, now that Carrollton school has a policeman on
duty there - right. And the traffic is lined up on the grass along Main
Highway all the way south into the Grove. We now have probably the biggest
grid -lock you will see on Main Highway. The abundance of people there in the
morning, that the traffic flow has increased dramatically, Dr. Prieto will
give you the statistics on that and let you know what the current flow is.
But we do see an increased area of population and I think that that is one of
the reasons why we need to go forward with our program. We've got the funds
but we want to ask you to go after them again. Dr. Prieto.
Commissioner Alonso: So, you're asking us to change the light from Royal Palm
to Poinciana?
Mr. Wechsler: It's already been voted, it's in the plan.
Commissioner Alonso: So the County will have to do that.
Mr. Wechsler: We11, exactly, but, they don't even want to put the "no left
turn" signs in, so we are paying for that. And now, we are asking you to go
back to the County and get the funds. And that particular issue as far as
traffic is the only issue that I am here to discuss as far as the South Grove
Homeowners. There is one other thing I might like to make you aware of,
unless there is any comment on...
Commissioner De Yurre: Well, I'll just like for somebody to refresh my memory
as to exactly what this plan "C" is all about.
Dr. Luis Prieto: Actually, it's up here on the board. Originally, the South
Grove wanted a hundred -and -fifty-three signs, the County proffered four. So,
the compromise is what you have here approximately, fifty-three signs.
Commissioner De Yurre: Which say?
Dr. Prieto: Basically, they are inhibiting in the morning, people moving up
north along Le Jeune to cut eastward across the entire neighborhood to reach
the schools on Main Highway. And vice -versa in the evening, to cut coming
south moving westward across the neighborhood and out. And what these signs
do is that they restrict the types of turns very much like in Bay Heights on
the north part of the Grove.
Vice Mayor Plummer: Oh, Oh, please, please.
Commissioner De Yurre: OK. Hold it.
Vice Mayor Plummer: If you are telling me like in Bay Heights my friend, you
are whistling Dixie. Now, let me tell you something, because once you do
this, you are going to come back here and you are going to say that this thing
is no better than the enforcement, and that happens to be true. Because after
the first couple of months, people suddenly don't see the signs and they go
209 September 11, 1991
back doing what they did before. Bay Heights is an absolute... I don't live
in Bay Heights, but I live next door, it is an absolute nightmare. So don't
expect... so, you know, please, I want you to know we've been through this
road already.
Mr. Wechsler: Of course, and we have the alternative.
Vice Mayor Plummer: That after you do this and the people don't respect it,
don't come back here and ask us to take and deploy all of our police
department down there. So, I am telling you, don't expect miracles, it
doesn't happen.
- Mr. Wechsler: Well, we have gotten four-way stop streets, and they have been
put in.
Vice Mayor Plummer: Even a bigger joke. I've got four-way stop streets in my
yard, in my neighborhood - tell him, don't take my word.
Mr. Wechsler: I know.
Vice Mayor Plummer: They don't even slow down for them anymore.
Mr. Wechsler: Well, Commissioner, we'd still have the alternative that center
Grove did. The blockades there worked wonderfully. You have no problem of
enforcement.
Vice Mayor Plummer: My friend, all I am saying to you...
Mr. Wechsler: And that's the only other alternative.
Vice Mayor Plummer: Do not walk away from here thinking that no left turns or
four-way stop signs is going to slow them down. It does for a month or two,
but after that...
Mayor Suarez: There are people who obey the law beyond that point. Just
because your neighbors don't...
Vice Mayor Plummer: They seem to forget them. It's not my neighbors, no, no,
no, my neighbors respect it. It's those "yo-yos" that come through there at
900 miles an hour.
Commissioner De Yurre: Let me ask something here. What about the people, of
which I am one, that get up in the morning, take their kids to school and have
to come back, and they have to make a left turn somewhere to get back to their
home.
Vice Mayor Plummer: You change your kids and send them to Coral Gables.
Commissioner De Yurre: No, that's even... that's same direction.
Mr. Wechsler: What school do they go?
Commissioner De Yurre: St. Theresa.
210 September 11, 1991
Vice Mayor Plummer: That is Coral Gables.
Commissioner De Yurre: It is.
Vice Mayor Plummer: You don't send your kids to school here?
Commissioner De Yurre: No.
Mr. Wechsler: Well, one of the...
Commissioner De Yurre: Unless, hey, unless you want to buy my mother-in-law a
house that's three blocks away from St. Theresa as hers is, and she picks up
the kids after school. Hey, we can work out all kinds of deals.
Mr. Wechsler: We have also proposed an idea to the Major Fernandez of the
City of Miami Police Department who has been extremely co-oporative, an idea
of a South Grove resident pass that would hang on the windshield, or on the
licence. The idea, not only is it for the traffic problem during the rush
hours but also to come home at night on the weekend when we face the same
gridlock and we can't even get to our homes.
Vice Mayor Plummer: Louis, let me tell you what happens, just so you know.
They send a policeman in there to the corner of Samana... Micanopy, and
Alatka, where he lives, OK? The policeman wrote thirty-one tickets. You know
what happened? The judge threw everyone of them out of court - threw everyone
of them out of court, says that's not fair.
Mr. Wechsler: It's not because of the language on the signage.
Vice Mayor Plummer: The line says, "no left turn" - what language do you
want?
Mr. Wechsler: It doesn't say, "for residents on`y?" - excluded...
Vice Mayor Plummer: No, no. One does, one says for local residents only.
Mr. Wechsler: Local traffic. And I think you have an issue there, and we are
going to try to learn from that experience in preparing for this signage. But
we recognize that the people who use this are usually the people who go
through to the schools that are there on Main Highway. And what we have got
now is a great spirit of cooperation from the schools. And they are asking
their parents...
Vice Mayor Plummer: I wish him luck.
Mr. Wechsler: ... to control their driving habits. And we are getting... and
this is a step in the right direction. All we are trying to do is go forward
with this and hope that it cures it. That's all we can do.
Vice Mayor Plummer: I am with you a hundred pe-cent. I just don't want you
to walk away from here with any false i l l usion.; that this is going to be a
miracle.
211 September 11, 1991
Mayor Suarez: That's close enough, a hundred percent. I'll take that to mean
a motion...
Vice Mayor Plummer: Yes, sir.
Mayor Suarez: ... favorable to the concept.
Commissioner Alonso: Second.
Mayor Suarez: Second. Do we need any...? - yes.
Dr. Prieto: Could you...
Commissioner Alonso: Yes, something to bang on...
Dr. Prieto: Yes.
Commissioner Alonso: ... the County to get them to do what they have to do.
Dr. Prieto: Just reinforce that Resolution 89-907 be implemented by the
County. Some wording to that effect so we can go back.
Mayor Suarez: And a strongly worded resolution or letter, whatever you prefer
from the administration's standpoint to go to the County.
Vice Mayor Plummer: Doctor, let me ask a question while we are on this
subject in that area. Has any thought been given to the installation of a
traffic light at either Franklin and Main or Commodore and Main?
Mr. Prieto: Yes, he did.
Mr. Odio: I asked the County. Me, I asked the County.
Dr. Prieto: We did.
Vice Mayor Plummer: I want to tell you, if you don't slow that traffic
down...
Mr. Odio: Commissioner.
Vice Mayor Plummer: ... somebody - I mean, at Franklin and Main...
Mr. Odio: Franklin and Main is...
Vice Mayor Plummer: ... there are accidents all day long.
Mr. Odio: I asked for that because the kids at St. Hugh were having problems
and in order to avoid... and the County refused us, flat out. They will not
do it.
Dr. Prieto: Yes, sir.
Vice Mayor Plummer: They refused us flat?
212 September 11, 1991
Mr. Odio: Flat. And I... the Sister there...
Vice Mayor Plummer: I guess then, somebody has got to get killed to actually
excite them.
Mr. Odio: Yes. Because they use Franklin to cut across to thirty-seventh
there and thirty-six.
Vice Mayor Plummer: Can we reinstitute the request that either Franklin or at
Commodore, even if it's in Commodore, it will slow the traffic down.
Mr. Odio: We can add it to this.
Vice Mayor Plummer: Please. But don't tie it to there, so that if it fails,
they fail. But as a separate request that one more traffic light, either at
Commodore or at Franklin, preferably Franklin - OK? - be considered because of
the amount of traffic, the congestion by the school, and the dangerousness of
the intersection.
Mr. Wechsler: We appreciate that very much.
Mayor Suarez: Lou, anything else?
Mr. Wechsler: One other item, Mr. Mayor. I think you all should be apprised
of the fact that early in the summer, through the department of Public Works'
cooperation, we sent out a ballot to all of the citizens of South Grove, some
fourteen hundred ballots. Approximately, one thousand of them have been
returned. Eighty-five percent voting against the sewers and for the retention
of septic tanks. I hope we can get the same...
Mayor Suarez: We were expecting that kind of a result. OK.
Mr. Wechsler: Well I didn't expect that kind of a return. If we could get
that at normal elections, I think we would all be better of..
Vice Mayor Plummer: Mr. Mayor, we at this Commission have always respected
the rights of the citizenry, but let me tell you what you are doing, and I
hope they understood when they did. The potential is more than real, that the
State is going to impose a moratorium on building. They've done it before...
Mayor Suarez: If eighty-five percent voted for that, eighty-seven percent
would vote for the moratorium in that particular ..
Mr. Wechsler: That's right.
Vice Mayor Plummer: OK, but no new construction at all.
Mr. Wechsler: High rise, they wouldn't take away single family housing.
Mayor Suarez: No, Lou, they have to convince the State... he is right, they
have to convince the State that from the standpoint of disposal, environment,
et cetera, it makes sense. You're not going to win just by convincing us.
We are not the principal environmental authority, maybe, we would like to be,
but we are not.
213 September 11, 1991
•
Mr. Wechsler: The single family residents will be very pleased, I think.
Commissioner Alonso: I think so.
Mayor Suarez: And they ought to be aware of the fact that it could subject
them to all kinds of dire consequences from the State, OK?
Mr. Wechsler: Well, I just thought we'd let you know what's going on.
Commissioner Dawkins: Well, I'll let you know now. I will not be voting for
it because I think it's a health hazard. I think that we should get rid of
all septic tanks because they pollute the water, I think, and that's my
personal opinion.
Mayor Suarez: All right. Then, as to the other matter, we did have a motion
and a second and we never voted on it. Let's please call the roll on that.
Commissioner De Yurre: What's that, on the traffic? Well, what...
Vice Mayor Plummer: Let me just ask...
Mayor Suarez: On the signage plan.
Commissioner Dawkins: Let's call the vote before J.L. Plummer and Victor gets
wond up?
Vice Mayor Plummer: No, no, J.L. Plummer has got to ask one question. Mr.
Mayor, I am only leery of this because this is not scheduled as a public
hearing.
Mayor Suarez: Does that present a problem?
Vice Mayor Plummer: Mr. City Attorney, it seems like, as I've recalled,
everyone of these times that we have had one of these that we didn't have a
public hearing, boy, it came back to haunt us.
Mayor Suarez: Just for signage? - I don't know that...
Vice Mayor Plummer: Yes, everyone of them.
Mr. Wechsler: I don't understand. You had a public hearing and you passed a
resolution.
Mayor Suarez: Wait, wait, wait. I just want to make sure.
Vice Mayor Plummer: We passing it in effect again today. I am just asking
for legality.
Mr. Wechsler: Oh, OK. I'm just...
Vice Mayor Plummer: Are we on safe ground passing this today without a public
hearing?
214 September 11, 1991
Mr. Quinn Jones: Yes, I don't foresee any problems.
Vice Mayor Plummer: Thank you, call the roll.
Commissioner De Yurre: My only issue is...
Mayor Suarez: All right, Commissioner De Yurre.
Commissioner De Yurre: ... as far as the residents that live there... if a
resident lives there that drops a child off at Ransom, they can't make a left
turn to get on to Main Highway to go to the school either.
Vice Mayor Plummer: But they don't know where Curtis Lane is.
Commissioner De Yurre: No, I am not talking about Curtis Lane. It's not even
on that map, let me tell you, put the map up and you'll see, it's not there.
Mr. Wechsler: lives there, my sons live there. They walk to
school. Thank you very much.
Commissioner De Yurre: Well, but it's not that simple because mine don't walk
to school. So, I've got a problem. Either we do something for the residents
that will have to make a left turn in that area or not.
Vice Mayor Plummer: They will all be in De Yurre's office asking you to fix
the tickets.
Commissioner De Yurre: Well, mine don't drive.
Mayor Suarez: You've exceeded my knowledge and ny interest.
Commissioner De Yurre: You know, I have a problem with that. You know, I
can't...
Vice Mayor Plummer: I understand that.
Commissioner De Yurre: So, unless they make an exception for residents. And
I figure I can get away with it because mine says, City Commissioner on the
car, but you know, they figure I am a resident somewhere in there.
Mr. Wechsler: But we would like to have that, ar.d we have gotten the approval
of Major Fernandez to prepare such a resident sticker. In fact, we hope that
all those people... we will give this to all members of the South Grove
Homeowners Association and any other resident that wants to purchase one.
Commissioner De Yurre: Oh, with the understanding that it excludes residents,
then I've got no problem voting for it.
Mr. Wechsler: Yes, we will...
Mayor Suarez: All right, let's put that proviso into the motion and a second,
how we implement it is not clear but the administration is going to have to
supervise it.
215 September 11, 1991
r.j
2
Commissioner Alonso: That's right.
Vice Mayor Plummer: It's not clear to us.
Mayor Suarez: But the sticker may be the way to do it.
Vice Mayor Plummer: How is the police going to enforce it? - they can't.
Mr. Wechsler: OK. The professionals have been great.
Mayor Suarez: Call the roll.
The following motion and resolution were introduced by Vice Mayor
Plummer, who moved its adoption:
MOTION NO. 91-660
A MOTION APPROVING IN PRINCIPLE CONCEPT PRESENTED BY
THE SOUTH GROVE HOMEOWNERS ASSOCIATION TO PLACE
APPROXIMATELY 53 TRAFFIC SIGNS (AT SAID GROUP'S
EXPENSE) ALONG LE JEUNE ROAD IN ORDER TO RESTRICT
NORTHBOUND TRAFFIC FROM TURNING EASTWARD TO REACH MAIN
HIGHWAY IN THE MORNING AND EVENING RUSH HOURS (EXCEPT
FOR RESIDENTS OF THE AREA.
RESOLUTION NO. 91-660.1
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION URGENTLY REQUESTING THAT METROPOLITAN DADE
COUNTY INSTALL TRAFFIC REGULATORY SIGNS IN THE SOUTH
COCONUT GROVE NEIGHBORHOOD AS ORIGINALLY REQUESTED BY
THE CITY OF MIAMI, FLORIDA, BY RESOLUTION NO. 89-907,
ADOPTED OCTOBER 12, 1989; FURTHER STRONGLY URGING
METROPOLITAN DADE COUNTY TO TAKE STEPS WHICH WILL
RESULT IN: (1) THE INSTALLATION OF A TRAFFIC SIGNAL
AT THE INTERSECTION OF MAIN HIGHWAY AND FRANKLIN
AVENUE; AND (2) THE RELOCATION OF THE EXISTING TRAFFIC
SIGNAL FROM THE INTERSECTION OF MAIN HIGHWAY AND
HIBISCUS STREET TO THE INTERSECTION OF MAIN HIGHWAY
AND POINCIANA AVENUE IN THE CITY OF MIAMI, FLORIDA;
FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE
PUBLIC WORKS DIRECTOR TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the motion and resolution
were passed and adopted by the following vote:
216 Septem�er 11, 1991
r
1
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, Lori.
54. DESIGNATE BOOK BY ARVA MOORE PARKS, "THE MAGIC CITY", AS THE OFFICIAL
HISTORY OF THE CITY.
Mayor Suarez: The Anniversary Committee, item thirty-four. Are they here?
Item thirty-four, Miami Anniversary Committee. Item thirty-five, One Art,
Inc.
Vice Mayor Plummer: Thirty-four.
Mayor Suarez: Thirty-four. I'm sorry, go ahead.
Mr. Hector Dotero: Hector Dotero, 66 W. Flagler. We are here today to report
on the activities of the Anniversary Committee which you kindly recognized in
April of 190 as the official coordinator of the festivity celebrating the
Centennial of the City. We have so far celebrated with festivals that
successfully... held festivals at Bayfront Park, ninety-fourth to ninety-fifth
anniversaries of the City. We have started our educational programs in the
Dade County schools with a historical poster contest in which 210 schools
participated and therefore, kicked off our educational programs which we see
as the more substantial part of the anniversary committee and the centennial
celebrations. We've published a newspaper again covering the history of a
period of the City of Miami, an early period. We've decided to break up the
hundred years into six segments, and over the six years, from the time we were
appointed, highlight each one of those periods. We are presenting to you the
materials that we've done and we've got a full report that we would like to be
entered into the record which also highlights the fact that we've created an
ethnically diverse board of advisors that does include, white non -Hispanic...
Mayor Suarez: All the different ethnic groups. That's fine. You don't have
to define them all.
Mr. Dotero: OK. Great. The second part of why we are here today is Arva
Moore Parks, "The Miami, The Magic City" which we would like this Commission
to recognize today as the official history book of the City of Miami.
Mayor Suarez: To the extent that we can do that in my office with our
ceremonial powers and the City charter, we've done that already, I think it's
fitting and proper that the City Commission as a whole do that, if no one has
217 September 11, 1991
any objections, we will entertain that in the form of a resolution. The book
has been revamped now, right?
Mr. Dotero: Yes. It was published in 1981 and she has updated it, and it's
due out for publishing by the end of this year. So, it includes the eighties
now.
Commissioner Alonso: So moved.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-661
A RESOLUTION DESIGNATING ARVA MOORE PARK'S BOOK, "THE
MAGIC CITY", AS THE OFFICIAL HISTORY BOOK 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 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:
Ms. Cheryl Paigefrary: I have one last thing to say, if I may.
COMMENTS MADE AFTER ROLL CALL:
Ms. Paigefrary: I am here on Arva Parks' behalf and she is not able to come
today, but she is very graciously thanking you for your consideration.
Mayor Suarez: Very good. In the old days, when... I should tell the story
when I was first elected, I don't know who had made the selection, but they...
a huge book... they had all kinds of... let me just not go into it. There
were lot of strange ceremonial gifts to be given. Something like this makes a
218 September 11, 1991
lot more sense. It illustrates our City. It is done at the expense of -
other than the printing of course, and the basic cost of her work and her
creativity, and reflects the history of Miami as well as anything that I have
ever read and the rest of us. So, we are pleased to accept that as an
official memento and an official compilation of the City's history. Visual
and narrative. All right. Thank you.
55. REFER FUNDING REQUEST ($25,000) FROM ONE ART, INC. TO CHIEF OF POLICE,
WITH COMMISSION'S RECOMMENDATION FOR FUNDING THROUGH THE LAW ENFORCEMENT
TRUST PROGRAM, FOR: SPECIAL DANCERS OF AMERICA / KIDS OFF STREET
PROGRAM.
Mayor Suarez: Item thirty-five, One Art.
Mr. Alex Prado: Yes. Good afternoon, Mayor, Vice Mayor, Commissioners, City
Manager. My name is Alex Prado, executive director of One Art Incorporated
with studios located in the Miami Design District at 180 NE 39th Street. I
would like to first thank you all for giving me this opportunity to speak
before you. I have come before you today seeking support from this Commission
for One Art's "Kids Off Streets" program. -
Mayor Suarez: One Art's...
Mr. Prado: One Art's "Kids Off Streets" program.
Mayor Suarez: Sounds like if there is any chance, even remotely, you can get
any support, it would be through the Law Enforcement Trust Fund.
Commissioner Alonso: That's it.
Mayor Suarez: You're going to have to go to them.
Mr. Prado: OK. Is there a recommendation by this Commission that could
be...?
Mayor Suarez: Commissioner Alonso is ready to move - to recommend you.
Commissioner Alonso: Yes. With pleasure.
Mr. Prado: Thank you.
Mayor Suarez: And in that particular district, so much the better. As
Commissioner Dawkins said before, we can't exclusively be involved in these
kinds of artistic endeavors under Law Enforcement Trust Fund in Coconut Grove,
we've got to do it in other parts of the City and you are doing it in a
particular important area, the Design District.
Commissioner Alonso: Oh yes.
Mayor Suarez: OK, so we have a motion.
219 September 11, 1991
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Vice Mayor Plummer: Second.
Mayor Suarez: Any discussion? If not, please call the roll. Madam City
Clerk, would you please call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 91-662
A MOTION IN CONNECTION WITH A FUNDING REQUEST
($25,000) FROM ONE ART, INC., FORWARDING SAID REQUEST
TO THE CHIEF OF POLICE WITH A POSITIVE RECOMMENDATION
FROM THE CITY COMMISSION FOR POSSIBLE FUNDING THROUGH
THE LAW ENFORCEMENT TRUST FUND IN CONNECTION WITH ITS
"KIDS OFF STREETS" PROGRAM.
Upon being seconded by Vice Mayor Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
_ COMMENTS MADE AFTER ROLL CALL:
Mr. Prado: Thank you very much.
Mayor Suarez: And that doesn't end your odyssey, but it begins it, but
hopefully, they will be attentive, the Law Enforcement Trust will be
attentive. There was a nice Lieutenant around here at one point that can help
you to go through all of that. There he is - there, you see how quickly he
stood up when I said, a nice Lieutenant.
Commissioner Alonso: They are very understanding lately, very flexible.
Mayor Suarez: Interesting program that helps to get the kids off the street
for the Law Enforcement Trust Fund's consideration, Lieutenant.
Commissioner Alonso: It's a very good one.
Mr. Prado: Thank you very much.
Mayor Suarez: You might want to schedule an appointment with him right now.
Mr. Prado: I appreciate it.
220 September 11, 1991
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56. PERSONAL APPEARANCE: ANN-MARIE ADKER, TO DISCUSS ISSUES CONCERNING THE
OVERTOWN COMMUNITY.
Mayor Suarez: There she is. Item thirty-seven. Officially on the agenda for
a change, Anne Marie Adker. Yes, ma'am.
Vice Mayor Plummer: We only spoke to the one issue that she brought up
before.
Mayor Suarez: OK.
Ms. Ann -Marie Adker: Pardon?
Vice Mayor Plummer: We spoke to the one issue.
Mayor Suarez: Ann -Marie Adker, from Overtown. We've introduced you and we've
mentioned what you've done all day and now we are ready for more. More of the
same, only a little better.
Ms. Adker: Ann -Marie Adker, 407 NW 5th Street. I have about four issue:, that
I would like to talk with about concerning Overtown. The first one is, and I
brought up something about this, it's our Overtown mini substation. When the
new Chief Ross came aboard, he had a meeting with the different chair persons
from the Crime Prevention sub -councils, along with his, I imagine, his
assistant. I asked him at that time because I had heard that roll call for
the police that work out at the mini substation would not be held in Overtown
anymore, it would be held down at the main station. I asked him not to allow
the roll call to stop because that was an activity held during the morning
hours that brought out a lot of people, they had an interest in that. It has
stopped and now is being held down at the main station so that our police
don't get to Overtown until about ten o'clock. At the mini substation, we
don't have the assigned cars. We do have cars assigned to the two sergeants,
but other than that, we don't have assigned cars to that mini substation. And
the cars that are used belong to the evening shift and have to be back at the
main station at two o'clock. I really thought we had enough cars for the
police. I definitely need that looked into, along with our police being taken
away from Overtown where we have so much crime and put into downtown in the
Omni. The next thing I'd like to talk about is our Community Development
Department, who is responsible for our block grant allocations. As I
remember, going back, they really had guidelines there and they were supposed
to be the monitors, and not only the monitors, the technical advisors for
people who used the block grant funds. I have a terrible problem with them
still funding New Washington Heights and I think I will always have a problem
there. And I need an explanation...
Mayor Suarez: I think the year of reckoning has come. I can't imagine since
we are not in a cycle right now of funding, but I can't imagine before July of
next year that there will ever be more funds unless they have got something on
off the...
221 September 11, 1991
� w _
Ms. Adker: You mean we have to put up with them until next year July? What's
to justify...?
Mayor Suarez: Well, I guess, as long as your money last... maybe, it will
last less than that, I don't know. But I think you are on target on that, but
the correct timing will be around next spring when we consider any refunding,
any new funding.
Ms. Adker: I don't believe this. OK, I'll go to the next one, because that's
what I've been getting all the while - you know that.
Mayor Suarez: Well, we told you... yes, the last time that this would be the
last cycle, I think. I'm speaking for one.
Ms. Adker: Yes, but that was before July 1st of 1991.
Mayor Suarez: I know, you made the same argument the last couple of years,
and we overrode your comments, and observations, and criticism, but I think
that next year... anyhow...
Ms. Adker: Is she still working on the hotel?
Mayor Suarez: I certainly presume so.
Ms. Adker: I should have been that lucky.
Mayor Suarez: The chair will take notice of the sarcastic tone of your reply
to the hotel project, may that somehow be turned around into optimism, but I
have a feeling you may be right.
Ms. Adker: Or are we supporting the eighteen units of housing that's going in
at 54th Street and 27th Avenue?
Mayor Suarez: Now, you're way out of Overtown, but...
Ms. Adker: Well, I know, but, as long as we are supporting a non effective...
Mayor Suarez: What is the 54th Street and 27th Avenue? - that's outside the
City limits.
Mr. Castaneda: That's a project... the Phoenix project that they are doing in
Dade County. They are not doing that with our money, Commissioner.
Mayor Suarez: Right, but maybe, what she is concerned about and rightly so,
they are using some of our money to prepare projects outside the City.
Ms. Adker: The Phoenix project has been cut by the County.,
Mayor Suarez: OK. It sounds like they may be getting grief from all sides if
they get something going very quickly.
Ms. Adker: OK. I'd like to go into another issue. I know that... and that
would be housing, that make loans to, and I am speaking primarily now of the
Arena Square Corporation that has been renovating apartment buildings all over
Overtown.
222 September 11, 1991
l
Mayor Suarez: With what funds, Frank, what funds are Arena Square using?
Mr. Castaneda: I'm sorry, Commissioner, I wasn't... Mayor, I was...
Mayor Suarez: The Arena Square Corporation that she says has been doing a
housing rehab, or affordable housing throughout Overtown.
Mr. Castaneda: That's with Community Development Block Grant Funds through
the Housing and Conservation Agency.
Mayor Suarez: And who are those folks? Who are the principals?
Mr. Jacques G. Jean: The principal of the corporation is Arena Square, the
principal, Harry Smith and another gentleman, Mr. Brown, but he passed away.
Mayor Suarez: And they used CDBG - what? - for multifamily rehab, or...?
Mr. Jean: Eight hundred thousand dollars ($800,000) was used for renovation
from CDBG fund - to renovate those apartments.
Vice Mayor Plummer: For how many houses?
Mr. Jean: Two hundred and five units.
Mayor Suarez: Two hundred and five units?
Mr. Jean: Right.
Vice Mayor Plummer: Eight hundred thousand dollars ($800,000).
Mr. Jean: It's part of the CDBG fund. The total cost was close to...
Mayor Suarez: That's a little less than four thousand per unit. Why don't
you make available to the Commission a report on that and the street address,
I'd like to see it for myself. I am sure the rest of them would too.
Mr. Jean: Will do.
Mayor Suarez: Ann -Marie.
Ms. Adker: OK. My problem with that is, they get a low interest loan from
the City to renovate these apartment buildings and they charge rents that if
the people...
Mayor Suarez: We've had that problem with that multifamily rehab ever since
way back. What has been done about that, Jeff? - if anything by HUD? They
get incredible subsidies and then they supposedly can only charge market rates
for these things but the market rates they come up with seem to be way above
the market as we know it. I remember ten years ago they were charging in
Little Havana, five hundred dollars for a two -bedroom unit.
Mr. Jeff Hepburn: Well, we are talking about a different program when you...
in terms of the high rents you're talking about.
223 September 11, 1991
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Mayor Suarez: Right.
Mr. Hepburn: Our program basically, they do in fact get market rents.
Mayor Suarez: Do we... we don't control it?
Mr. Hepburn: Well, there is a rent regulatory agreement that they execute
with us that restricts how much they can inflate the rents over a period of
time. Unless they can cut...
Mayor Suarez: So, it's not market. It's market but controlled by us. Or
market as we deem the market to be.
Mr. Hepburn: Market, based on the neighborhood. I am saying Overtown rents
are...
Mayor Suarez: But as decided by us what the market is?
Mr. Hepburn: It's based on the actual market in terms of what you can get for
a one bedroom or two bedroom in Overtown, or Little Havana.
Mayor Suarez: I wish the market were so easy to figure out. OK. But we do
ourselves have a role in deciding what the market is.
Mr. Hepburn: Exactly.
Mayor Suarez: And we impose that on them?
Mr. Hepburn: Exactly.
Mayor Suarez: And we monitor that?
Mr. Hepburn: Yes, exactly. The high rents that you are talking about, it's
under another program, the section 8, Mod Rehab.
Mayor Suarez: But she is saying that it also happens here. I was comparing
it to...
Commissioner Dawkins: What is the monthly rental for a two bedroom in the
area referred to by Ms. Adker?
Unidentified Speaker: Four hundred dollars.
Commissioner Dawkins: And you're going to tell me that in Overtown...
Mr. Hepburn: It's about three seventy-five to four hundred.
Commissioner Dawkins: All right, I am going to take four hundred because it's
easier to work with.
Ms. Adker: It's four twenty. I want to know who monitors these people.
Commissioner Dawkins: I don't know. I'm...
224 September 11, 1991
Ms. Adker: Because just... you know, people are losing their jobs even in the
City, and we are getting families on the streets, because these folks don't
care anything about you if you can't pay their rents. And I am sick of the
City loaning money at this low interest and their citizens can be put out on _
the streets.
Commissioner Dawkins: Where in that area other than the rehab units, that
they get four hundred dollars a month for a two bedroom unit? - other than the
rehab unit.
Mayor Suarez: Sounds high, that sounds beyond the market there, Jeff.
Commissioner Dawkins: For me... I mean, from what I see.
Ms. Adker: And I wish you'd go into the rehab units, you know.
Mayor Suarez: But we're going to get that address, I want to see it myself
and have a feeling that the Commission...
Ms. Adker: I'll give you the address.
Mayor Suarez: Yes, he is... all right.
Commissioner Dawkins: Say, what, Mr. Hepburn?
Ms. Adker: Since...
Mr. Hepburn: From what I understand, normally, when an applicant comes
into...
Commissioner Dawkins: OK, I'll tell you what, I'll do it this way. Mr.
Manager, by Tuesday, provide me with five addresses in the area surrounding
the Arena, whatever development, redevelopment areas, and give me the rental
rate in any five units of housing that you have there.
Mayor Suarez: Yes, convince us that the market really is four hundred, which
sounds awfully high. If the market is, you should have those figures easily
available. OK, Ann -Marie, anything else?
Ms. Adker: Yes, there is one more thing.
Mayor Suarez: All right.
Ms. Adker: Since you are so liberal with New Washington Heights who has done
nothing, do you see it within your good pace to fund the Overtown Advisory
Board, so that it can generate some...
Mayor Suarez: I thought we just gave you...
Commissioner Alonso: We gave a hundred thousand
Mayor Suarez: ... a hundred thousand dollars?
225
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September 11, 1991
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Commissioner Alonso: A hundred thousand, did we?
Mayor Suarez: We're getting ready to have a... is it tomorrow? - a... I don't
want to call it a ground breaking, but a...
Mr. Castaneda: We gave a hundred thousand dollars ($100,000) for planning
study.
Mayor Suarez: Right.
Ms. Adker: I know you did, and...
Mr. Odio: So, what are you talking about?
Ms. Adker: So, what am I talking about? I am talking about jobs that don't
come out...
Mr. Odio: But, Ann Marie.
Ms. Adker: ... job program. I am talking about other services that the
Overtown Advisory Board is doing. We have a working board, but we do need a
secretary in that office and maybe, a consultant from time to time. I mean,
you know, you can throw away money with New Washington Heights, why don't you
put it in a good place where something can be done with it.
Mayor Suarez: See us at the next CDBG cycle. I'll tell you what, if you
know, Washington Heights doesn't come up with something a little bit more
concrete, we're going to be looking to spend it somewhere else - the fifty
thousand that they get.
Vice Mayor Plummer: Let me inquire, if I may.
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: Frank, the... is it called the Arena Towers?
Mr. Odio: Which one? The green one or the...?
Vice Mayor Plummer: The one immediately due north.
Mr. Odio: Yes, that's the pink one.
Mr. Castaneda: The pink one.
Vice Mayor Plummer: That's the one that's... I understand, about eighty
percent occupied?
Mr. Castaneda: That's correct, Commissioner.
Vice Mayor Plummer: What are the rents in that place?
Mayor Suarez: They are coming down.
Mr. Castaneda: I think they go up to eight hundred dollars, or seven fifty.
226 September 11, 1991
Vice Mayor Plummer: They've got to.
Mayor Suarez: Don't say what they go up to, say what start from. Don't give
a higher figure.
Vice Mayor Plummer: What is the lowest?
Mr. Castaneda: Four fifty to seven fifty.
Mayor Suarez: Thank you.
Vice Mayor Plummer: I am getting reports that there are a lot of problems
that are surrounding Arena Towers. Now, these are allegations. That they are
throwing bottles out of the windows on the streets, that they are throwing
garbage out on to the streets, out of this place. I don't know it to be true,
I am merely asking, does the administration know anything about it?
Mr. Odio: I have not heard about that, I don't if they have.
Vice Mayor Plummer: Well, Mr. Bailey would have his finger more on it.
Mr. Herb Bailey: How recent are your reports, Commissioner?
Vice Mayor Plummer: This week.
Mr. Bailey: This week.
Vice Mayor Plummer: I understand that an old management would run in to
anybody and everybody without clearing.
Mr. Odio: As a matter of fact, Commissioner, I was there yesterday and I sat
in the corner with Pauline Winnick right there and she told me that that
building has earned a lot for the Arena.
Vice Mayor Plummer: I am talking about on the other side.
Mr. Odio: I know which one you're talking about.
Vice Mayor Plummer: The north side of that building.
Mayor Suarez: Would you check that out and do it as privately as you possibly
can?
Mr. Bailey: I'm trying to find out which building he is talking about.
Mayor Suarez: Don't give the project a bad name by saying people are throwing
stuff out of the...
Vice Mayor Plummer: I think it's the green building.
Mr. Bailey: Biscayne View?
Vice Mayor Plummer: It's on the north side...
227 September 11, 1991
Mr. Bailey: The north side of Arena Towers?
Vice Mayor Plummer: No, the street on the north side of Arena Towers. Now, I
understand, a new manager has recently gone in there and is trying to clean up
the act, but I would like someone from your office to monitor to see if there
is any truth to the allegations that were made to my office.
Mr. Bailey: I think that's a mixed information, but we will do that, yes.
Vice Mayor Plummer: And I...
Mr. Bailey: A new management went into Arena Towers. A new marketing firm
went into Biscayne View - they're different. We did have some problems in
Arena Towers, that has been cleaned up. If there is any new information,
we' 11...
Vice Mayor Plummer: Of the kind of alleged?
Mr. Bailey: No, not of that type, no. This is something totally new and I am
not aware of that.
Vice Mayor Plummer: Is Biscayne View the one that they are telling me is only
twenty percent occupied?
Mr. Bailey: That has the lowest amount of occupancy at this stage.
Vice Mayor Plummer: Is twenty percent approximately a true number?
Mr. Bailey: That's correct - probably somewhere in there. There are
marketing problems.
Mayor Suarez: We get the monthly reports, we get them faithfully, and they
don't always say what we'd like them to say, but hopefully, say the truth.
Vice Mayor Plummer: OK.
Mayor Suarez: Ann -Marie, anything else?
Ms. Adker: That's it. And honestly, I hope you will attend to those
complaints.
Mayor Suarez: Absolutely.
1 Ms. Anne Adker: Thank you.
i
1 Mayor Suarez: The Manager is instructed to report back to us on each and
every one of the statements you made, particularly as to the police
deployment, and the patrol cars, the roll call, et cetera, which is very
important for that mini station. Actually, you called it a mini substation
which I got a kick out of, but sub station is... I mean, mini station is the
more correct name, but it's not real huge one, but there it is. Thank you,
Ann -Marie.
228 September 11, 1991
57. URGE POLICE DEPARTMENT TO ESTABLISH A WALKING BEAT PATROL AT
INTERSECTION OF DOUGLAS ROAD AND GRAND AVENUE IN COCONUT GROVE.
Mayor Suarez: Item thirty-nine. Is that withdrawn, Mr. Manager?
Vice Mayor Plummer: No, thirty-eight is withdrawn.
Mayor Suarez: Is item thirty-nine still on? Are we going to hear from... on
that project - from the GUTS (Groveites United to Survive) people or from
Planning? Let me tell you, the Miami Today, today's edition or tomorrow's
edition has an article that expresses about as well as any, the two
alternatives, and I have asked my staff to make copies for all the
Commissioners. If you would just sort of look at that and contemplate for
whenever we're getting ready to take action, where we want to go. The project
as originally envisioned, which would restore the building there, David
Alexander is talking, and I don't see him here, I don't know that he expected
to make a presentation, he is looking for another eight hundred thousand
dollars ($800,000) and we either make a commitment, Frank and Mr. Manager, to
fund it to that extent in the hopes that we have a community -owned restaurant
there, a major facility that works, or we decide that that's just not going to
work, or we don't have the money and go to a low height market place, bazaar,
whatever you call it, as recommended by Mr. Minagorri and some other people,
and either way, we move and do something about that corner. We cannot simply
just sort of drift along and wait until the community comes back and gets
together on it. We need a consensus from the community, we need a consensus
that involves GUTS, our planning department, and that is within the
constraints of the money that we've got. We've got to do something in that
corner. Ms. Armbrister, you want to lighten us on your views on that? Grand
and Douglas has got to be the most travelled intersection in Miami. If not
the most travelled, one of the most, and we can use it to great advantage.
And instead, it's just sitting there with very little happening. We have a
little boxing program and that's about it. Yes.
Ms. Esther Mae Armbrister. My name is Esther Armbrister and I live at 3350
Charles Avenue, and there are some requests I'd like to make. The first one
is, the next time you have something on your agenda like this, if you would
put the time... have it five thirty or six o'clock.
Mayor Suarez: OK. But we can take it a little later today, if thought we
were going to have more people. But you're r, ght, we should schedule it a
little later.
Ms. Armbrister: And in the meantime, we have been meeting for the past
thirty-five years in the community trying to bring the community up to par.
Now I would suggest... like to recommend to you the next time somebody comes
here to build something in Coconut Grove, would you please inform them what
the zoning is before they purchase the property, invest their money, and come
back, and you all try to push it down our threat to accept it because they
have made a mistake. And the next thing, when they come before you, will you
please tell them that on the third Wednesday nicht in every month, the CAACED
229 September 11, 1991
(Community Action Agency Community Economic Development) have an advisory
board meeting which begins at seven o'clock, eastern standard time - not
theirs.
Mayor Suarez: Sharp. Like this Commission begins and ends, right? Al
right.
Ms. Armbrister: Anyway, we had plans already made before Jack Luft was the
planner for that corner of Grand and... on the south side, and it was not to
build anything, just to have an open space there with trees and shrubbery, no
benches at all. Because people have a tendency of going out there sleeping
and doing what they want to do, and it's a no, no. And Coconut Grove, the
south side, the west side, or whatever you call us, we have only two streets
that are business streets, and those streets are Grand Avenue from 32nd to US-
1. Nothing but nothing but residential areas... residence is supposed to be
built on the north and south side of Grand Avenue. Now, if they think they
are going to come in here because... come into Coconut Grove and put in there
what they want to, because they have spent their money, they've got the wrong
idea. It will not happen. Washington Avenue is directly behind Grand Avenue,
running east and west. Washington Avenue is only by twenty-four, or twenty-
five feet wide. There isn't any parking to be done in that particular area.
So he has only the front part on Grand Avenue to do his business. Now, what
kind of business he can have there and also provide parking space for whoever
or whatever? He is making a mistake.
Mayor Suarez: Well the corner that GUTS owns is the...
Vice Mayor Plummer: The Tiki.
Mayor Suarez: Yes, the Tiki. It's the north east corner. There is plenty of
space there to build something commercial.
Ms. Armbrister: Well that's all right by that, but you have in the paper,
Grand Avenue and Douglas Road.
Mayor Suarez: All right.
Ms. Armbrister: So that you're incorporating...
Vice Mayor Plummer: But we're only talking abc,ut that north east corner for
the moment, that's the only money that we've Sot. And then maybe, parking
kitty-cornered from that on the south west corner.
Ms. Armbrister: Oh, no, no, no. We have two elementary schools, and you do
not provide any protection for our children. 'dhen the children are out of
school, they run across the street, with the light, against the light, holding
hands, trying to beat the traffic.
Vice Mayor Plummer: That lady is there.
Ms. Armbrister: She is down at Tucker, in the middle of the other block.
Mayor Suarez: But that corner should look better than what it looks like
right now. It's kind of a mixture of gravel, anc. dirt, and grass.
230 September 11, 1991
Ms. Armbrister: Well then, whoever owns the property, you'll are supposed...
when I say you, I mean the City, is supposed to see that it's kept clean, or
the owner keep it clean.
Mayor Suarez: But I guess the owner now is... isn't the owner the Department
of Off -Street Parking? No?
Mr. Castaneda: GUTS is the owner.
Ms. Armbrister: Of what?
Mayor Suarez: GUTS also owns the south west corner?
Ms. Armbrister: No, no, no.
Vice Mayor Plummer: Who owns where the filling station was? GUTS.
Ms. Armbrister: GUTS own that.
Vice Mayor Plummer: Yes.
Mayor Suarez: Right. How about the south west corner? Who owns that?
Mr. Castaneda: Private ownership, I believe.
Ms. Armbrister: It's private ownership. And the man won't...
Mayor Suarez: Well, we can get after that for violations of any, you know.
Ms. Armbrister: Well, while you're doing that, keep in mind that you have
some lots in Coconut Grove that the City has bought to build some houses on
and you're not keeping those clean.
Vice Mayor Plummer: No, that's true.
Ms. Armbrister: You're not keeping those... but in the mean time...
Mayor Suarez: Or, you mean the St.Hugh's Oak property?
Vice Mayor Plummer: They're overgrown.
Ms. Armbrister: No, where you're going to build some scattered homes - you're
not keeping those...
Mayor Suarez: I don't know what site that is, but there is the man to
complain about that, right there.
Vice Mayor Plummer: There are a number of them.
Mayor Suarez: And he will complain to Public Works, and they will complain to
Solid Waste, and they will all complain to the Manager.
Ms. Armbrister: Sorry about that. I've been aggravating him all before hand.
231 September 11, 1991
Mayor Suarez: Right.
Mr. Hepburn: Yes, those lots, we should start construction on them in about
ten or fifteen days.
Mayor Suarez: All right. And we've got a kind of chart in my office, Jeff,
we went over it yesterday. Mr. Manager, the whole issue of the housing
programs, the affordable housing programs of the City of Miami has not been
well attended lately. I know we've had a lot of crises, we've been working on
other things, but somebody has got to ride Mr. Hepburn a little harder, and he
has got to ride the City Attorney a little harder - there he is, he is with
us, then we can get these things off the ground. I think they require a lot
more attention. There are little things that need to be done to get them all
going. There are like three or four that are just about to burst into the
seam. Anything else, Ms. Armbrister?
Ms. Armbrister: Yes. In the mean time, about two or three years ago, you
were here but you... anyway, this came up with the Zoning Board. GUTS had
purchased lots 9, 10, 11, directly behind the Tiki Club, and I thought that I
knew how far the property extended. So then I asked them how far it extended,
and they told me, but I didn't want to argue, it was around about twelve
o'clock at night and I was kind of tired too. But anyway, the 9, 10, and 11
blocks on Florida Avenue, they said that they intended to use it for parking,
and if their building... their businesses didn't go through a developed...
like they went with the club, they were going to build single family homes.
But since that time, I discovered that 9, 10, 11 are within residential area
and Florida Avenue too, again, is not to be put a parking lot on there for
business or no business. So they have to...
Vice Mayor Plummer: Well, just... since I am non the Board.
Ms. Armbrister: You're on the GUTS Board?
Vice Mayor Plummer: I am on the board of the Gibson Memorial.
Ms. Armbrister: Well, you're not going to do what you think you're going to
do.
Vice Mayor Plummer: Well, excuse me.
Ms. Armbrister: Sorry about that.
Mayor Suarez: Guess, she told you.
Vice Mayor Plummer: No, because I think she has got a little bad information,
Mr. Mayor.
Ms. Armbrister: Somebody got some.
Vice Mayor Plummer: That the proposal that is being pursued by that board, is
not a business as such.
Ms. Armbrister: No.
232 September 11, 1991
Vice Mayor Plummer: It is primarily, a day care center. And I am sure, Ms.
Armbrister, that you would have no objections, and I don't think anybody would
call day care a business...
Ms. Armbrister: I would. That's business.
Vice Mayor Plummer: ... by an organization such as that. And I don't know of
anybody that would be opposed to a day care center and in fact, if it was
conditional used for parking, you've got to have parking with any kind of a
center.
Mayor Suarez: Yes, we are not making that decision today...
Ms. Armbrister: Wait a minute, sir...
Vice Mayor Plummer: No, that's what they are pursuing, I can tell you.
Mayor Suarez: ... so let's not get into an extended argument. We are
seventeen minutes beyond the beginning of our budget hearings.
Ms. Armbrister: You don't have any parking space on Grand Avenue.
Mayor Suarez: OK. But we're not into that today. We are not deciding any of
that. I guarantee you that for the... for as a general rule, any rezonings
south of US-1 and in the Coconut Grove area are met with a lot dislike and
objection in this Commission. So, I think you're on safe grounds there.
Vice Mayor Plummer: Mr. Mayor, may I inquire?
Mayor Suarez: Yes, Vice Mayor.
Vice Mayor Plummer: Mr. Manager, would it be within the realm of this
Commission making a policy, we know without going into it deeply, the problems
existing of crime at the intersection of Douglas and Grand, they are humendous
[sic] when people stop for a traffic light. Downtown Miami has policemen
assigned to intersections that they are there all day long. Is it anyway that
we could establish a policy or recommend to the chief, that one, just one
patrolman be assigned to that intersection? Downtown has a dozen of them,
different intersections. I tell you that I think it would go a long way.
Because of the traffic at that intersection and the problems that are
occurring, that we would want to see the establishment of one patrolman at
that inter... you disagree?
Commissioner Dawkins: I don't disagree, but I agree with your philosophy that
you have gone through every time we've gone into this, and that is, take more
police out of the police station and put more Folice in the streets. So if
you're going to remove a policeman from behind a desk in the police
department, put him on that corner, I've got no problem with it. But if
you're talking about...
Vice Mayor Plummer: Very definitely.
233 September 11, 1991
Commissioner Dawkins: ... taking a policeman whom I'm expecting to answer
calls and run down crime already and put him at the corner, I have a serious
problem with it, J.L..
Vice Mayor Plummer: No, hey, take one of them out of patrolman and station
him on that corner to reduce the problem. Let me te11 you what I am coming
about. At night, when that light goes to blinking, I think at ten o'clock at
night...
Ms. Armbrister: Right.
Vice Mayor Plummer: ... the reduction of the problem at that intersection are
nill. Now we know that we can't put it on blinking or eliminate it during the
day time, and the only way I know to reduce the problem is to have someone
there, a car, as someone said before, that would be at that intersection. And
I would like to make a motion, if it's in order, that the policy, or we urge
the department to establish that as a... what do you call it, a walking beat?
OK? And I would so move, Mr. Mayor.
Mayor Suarez: It's an ideal candidate for walking beat, there are many many
other intersections like that. We expect a lot of public to be using them and
you would think that as we bring them out from behind their desks, the ones
that are there...
i
Vice Mayor Plummer: A walking beat.
there would be more walking Mayor Suarez: ... g beats instituted. You see the
head of the union agreeing back there already. He is excited about it.
Vice Mayor Plummer: No, he was merely helping me with the terminology.
Unidentified Speaker: It's already a walking beat.
Mayor Suarez: Well, it's a walking beat, except if you drive by there, you
very seldom see the officer walking. Now, I don't know what that means Al,
but I, just like Vice Mayor Plummer, I don't see an officer there very often.
Vice Mayor Plummer: I would hope that we can find where we take and put one
man there from... especially during the high traffic areas.
Mayor Suarez: That's right.
Vice Mayor Plummer: I mean, they are not there and I would love to see it,
and I think the people of that community would love to see it.
Mayor Suarez: Without reducing the patrol in other parts of the City as
Commissioner Dawkins said.
Vice Mayor Plummer: Without question, Mr. Mayor.
Mayor Suarez: Do you want a motion on that?
Vice Mayor Plummer: If you want it, I'll be happy to make it as a policy of
this Commission.
234 September 11, 1991
Commissioner Dawkins: But before you make your motion J.L., let me say
something, please.
Vice Mayor Plummer: Sure.
Commissioner Dawkins: You know, I agree with you, but by the same token, I
wish in your motion you would include the fac', that as the policeman make
turns in the City of Miami, that they go up on the interstate, make a turn and
come down at those intersections where all the tourist are being... are
hijacked. If we could get... and I don't know, we would have to work this
through, if we could get motorman and the cruisers to go up on the expressway
-� and come down at another intersection, like at 27th Avenue and I-12, and like
at 12th Avenue and I-12, if we could just get the policemen to go up on 27th
and come down on 17th, I mean, a lot of these pcople who stand there and wait
' for the tourist that they see with this leased car, they would have to move to
move out because we have the presence of a police. So I would like to see you
incur that.
Vice Mayor Plummer: I have no problem with that if it is possible, but I am
speaking primarily at this time, to the intersection...
Commissioner Dawkins: I am speaking primarily `o my area too, just like you
are, yours. OK? All right, that's my area.
Vice Mayor Plummer: Likewise, Mr. Dawkins, I ha%e no problem with that. OK.
Ms. Armbrister: Let me add this too.
Mayor Suarez: Let's call the roll on that, and �e also have at the microphone
Mr. Gonzalez-Goenaga. We have taken input from the public on this, I am not
sure what his input is going to be, but I guess we will hear from him in a
second. Would you please call the roll on the motion.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-663
A POLICY MOTION OF THE CITY COMMISSIA-4 URGING THE CITY
MANAGER TO DIRECT THE POLICE CHI::' TO ESTABLISH A
WALKING BEAT PATROL AT THE INTERS,-*CTION OF DOUGLAS
ROAD AND GRAND AVENUE IN COCONUT GROVE.
Upon being seconded by Commissioner Dawkii s, the motion was passed and
adopted by the following vote:
235 September 11, 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: Yes, Mr. Gonzalez-Goenaga, what's your interest on this issue,
sir?
Mr. Manolo Gonzalez-Goenaga: Yes.
Mayor Suarez: This was supposed to be a presentation on the development of
the north east corner of...
Mr. Gonzalez-Goenaga: Douglas and Grand.
Mayor Suarez: ... Grand and Douglas, essentially by an organization called
GUTS which owns that. Yes.
Mr. Gonzalez-Goenaga: Yes. I am going to go to the crux of the matter.
Ms. Armbrister: You're going to do what?
Mr. Gonzalez-Goenaga: There is a development at the end of Douglas Road which
is on Sunrise Boulevard, where they are developing a huge condominium area,
where they are trying to sell these condominiums and they start, my dear
friends, at half -a -million dollars.
Ms. Armbrister: What is he saying?
Mr. Gonzalez-Goenaga: When they bring the tourist to see that development at
the end, and I invite you to go there...
Vice Mayor Plummer: Where is he talking about?
Mr. Gonzalez-Goenaga: ... they have to go through Douglas...
Mayor Suarez: Mr. Gonzalez-Goenaga, this is very edifying, except nobody here
seems to know what development you're talking about.
Ms. Armbrister: I can't hear what he is saying.
Mr. Gonzalez-Goenaga: You continue Douglas Road until the end...
Commissioner De Yurre: He is talking about Edgewater Drive where your brother
lives.
Mr. Gonzalez-Goenaga: ... or straight forward. Right in front... Mr. De
Yurre should know because it's right in front of...
236 September 11, 1991
Commissioner De Yurre: To all the end of Douglas 1n Coral Gables.
Mr. Gonzalez-Goenaga: ... Lionel Martinez's foreclosed home.
Mayor Suarez: All right. Mr. Gonzalez-Goenaga, that's way down in the south
Grove.
Mr. Gonzalez-Goenaga: No, not way down, but in order to sell them....
Ms. Armbrister: What is he saying?
Mayor Suarez: It's totally remote from this area.
Vice Mayor Plummer: Xavier, that's Coral Gables.
Mr. Gonzalez-Goenaga: In order to sell those condominiums, the tourist have
to go through that area. And I urge this Commission to contact those...
Mayor Suarez: Or, I know which ones you're taking about.
Mr. Gonzalez-Goenaga: ...developers. And I don't know, probably if your law
firm is the attorney for these developers.
Vice Mayor Plummer: That's Gould.
Mayor Suarez: I hope so.
Mr. Gonzalez-Goenaga: Then...
Mayor Suarez: I sure hope so.
Mr. Gonzalez-Goenaga: ... they will use and prcvide the money for cleaning up
and...
Vice Mayor Plummer: Coral Gables. Mr. Gould is the developer.
Mr. Gonzalez-Goenaga: ...edifying and beautification of that area.
Mayor Suarez: I think the project you're talking about is in Coral Gables.
OK. I know, I saw it last night. As it happens, I, coincidentally...
Mr. Gonzalez-Goenaga: Go down there and see that, so we don't have to spend
our money.
Mayor Suarez: ...coincidentally, I was riding a bike all the way down.
Mr. Gonzalez-Goenaga: We use the money frcn the huge multimillionaire
developers right at the end. And you can see from there Lionel Martinez ex -
home.
Mayor Suarez: All right. You may have to get... you might have to get Coral
Gables involved in this because apparently that�a the project in Coral Gables.
Anything else from you, Mrs. Armbrister?
237 September 11, 1991
Ms. Armbrister: I'm sorry, but I didn't understand a thing he said.
Mayor Suarez: That's all right, don't worry about it.
Ms. Armbrister: Two other things, I live on Charles Avenue directly down from
the Coconut Grove Playhouse. And I would appreciate it, we would appreciate
it, if you had some policeman at that corner who would slow them down with the
traffic, and keep them from snatching. And what you do is your people who
have already attended the playhouse, if they cannot get a parking space, they
park directly behind my house, which is used also as a lovers lane. So I've
asked the police on several occasions to drive by there sometime and, you
know, get rid of those kind of people.
Mayor Suarez: I got you.
Ms. Armbrister: And what they do, the pocketbooks are snatched and they jump
in my yard.
Mayor Suarez: He's on the board of that agency too, so we're going to get him
to do something about that.
Ms. Armbrister: And run right straight on through.
Mayor Suarez: Coconut Grove Playhouse.
Ms. Armbrister: And he will not...
Vice Mayor Plummer: If you think I'm going to attack lovers lane, you're
crazy.
Ms. Armbrister: Well, anyway, that's what it's used for down there opposite
the church. So, if you please deliver my information, our information, to
those people who want to think they're going to improve.
Mayor Suarez: Thank you, Mrs. Armbrister.
Ms. Armbrister: All right, and...
Mayor Suarez: OK, Brian -Smith. I know you were here listening to this debate
attentively. Let me tell you that the information you had requested on
Virrick Park is now available in my office as tc the improvements there. And
we're pleased that your group continues to be interested in the Grove
improvements. Please give us input as to what we should do with northwest
corner of Grand and Douglas. I haven't heard anything from the Manager. I
haven't heard anything from Frank. I don't expect anything today. But 1 sure
hope that by next month at this time, we'll have some coherent proposal for
what we're going to do. We've got a pro bona involvement from Mr. Mickey
Minnagorri, who did all this work, who met with fAll these people. We've got a
proposal to help from CocoWalk's developers for free and help with
feasibility. We've got all this input from pecple, and we've got a project
that's been delayed now for - I don't know - certainly as long as I've been on
this Commission. Maybe as far back as J.L.'s been on this Commission. When
is the administration going to be the catalyst for getting something done
here? Now, I understand that the community some)imes has its own divisions of
238 September 11, 1991
opinion. You got to solve those. I understand there's a for profit group -
= here, GUTS, with $15,000 per person investment. They have to be also... you
have to be catalytic in getting them to come up with a project that makes
sense for the area. And then turn to us for whatever support you need. You
can't just sort of let it happen, you know, that is just sort of go on on its
own.
Vice Mayor Plummer: Frank.
Mayor Suarez: And have David Alexander with one idea, and GUTS with another,
and some of the younger people in the community like Brian Smith who is back
there with another, and the thing just not happening.
Vice Mayor Plummer: Frank, tell the people at GUTS we're going to put the
homeless there, they'll do something in a hurry.
Mr. Frank Castaneda: We will.
Mayor Suarez: God...
------------------------------------------------------------------------------
58. (A) INSTRUCT MANAGER TO DONATE A SURPLUS VEHICLE AND PICKUP TRUCK TO
BAYFRONT PARK MANAGEMENT TRUST FOR MAINTENANCE OF CLAUDE AND
MILDRED PEPPER BAYFRONT PARK GROUNDS.
(B) FIRST READING ORDINANCE: AMEND CODE ARTICLE III, CHAPTER 38
(BAYFRONT PARK MANAGEMENT TRUST) - ESTABLISH A DEDICATED REVENUE
SOURCE FOR THE MILDRED AND CLAUDE PEPPER FOUNTAIN - PROVIDE THAT
BAYFRONT PARK MANAGEMENT TRUST ESTABLISH CHARGES FOR USE OF
THEIR TENTS, TICKET BOOTHS, FENCING, TABLES AND CHAIR IN THE
PARK.
Mayor Suarez: Item 40, Bayfront Park Management Trust.
Vice Mayor Plummer: Mr. Mayor, item 40 is actually two items. One is asking
the City to donate a surplus vehicle and a pickup truck to help us keep up the
maintenance of Bayfront Park. Mr. Manager...
Commissioner Dawkins: Why?
Vice Mayor Plummer: So that we can pick up all of the debris and then do what
we have to do in Bayfront Park.
Commissioner Dawkins: Well, we sent you over there to raise the money to
purchase them. Why are you back asking us to give them to you?
Vice Mayor Plummer: Well, we'll purchase a surplus.
Commissioner Dawkins: OK, I'll buy that.
Vice Mayor Plummer: The second part is...
239 September 11, 1991
Mayor Suarez: All right, I'll entertain a motion on that first part. Make it
quick...
Commissioner Dawkins: So move.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-664
A MOTION INSTRUCTING THE CITY MANAGER TO IDENTIFY A
SURPLUS VEHICLE AND A PICKUP TRUCK TO DONATE TO THE
BAYFRONT PARK MANAGEMENT TRUST FOR THE MAINTENANCE OF
CLAUDE AND MILDRED PEPPER BAYFRONT PARK GROUNDS.
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.
Vice Mayor Plummer: Mr. Mayor, the second part is that we wish to establish,
and we've already had donated, the tents that any festivals that go into
Bayfront Park as part and parcel as you would have to do if you went into a
hotel to use their catering, their, their, their, their, we are asking this
Commission to help us to raise revenue for the park by making an ordinance
which I have in front of me, and all of you have copies, to make it mandatory
for anyone renting Bayfront Park for a festival, would have to rent their
tents from the authority - what? -they don't have copies? Would you give them
copies, please. It's just another way of source of revenue to raise for the
park to reduce the subsidy by this City Commission.
Commissioner Dawkins: I call the rule.
Vice Mayor Plummer: Excuse me?
Commissioner Dawkins: I call the rule.
240 September 11, 1991
Mayor Suarez: Commissioner Dawkins invokes the rule. You haven't provided
these five days in advance. We may not take any legislative action.
Vice Mayor Plummer: Then good, you... then you become the chairman of the
park. Mr. Mayor, I...
Mayor Suarez: That's a motion. I'll entertain a second.
Vice Mayor Plummer:
THEREUPON, VICE MAYOR PLUMMER READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
I so move.
Mayor Suarez: So moved. Seconded, Commissioner De Yurre. Yes?
Vice Mayor Plummer: Just for the record. It is estimated that this source of
revenue would exceed, I'm going to say, a hundred thousand plus. They want to
say higher, but I'm being conservative.
Mayor Suarez: Sounds good. All right. Any further discussion on the item?
If not...
Commissioner Dawkins: Discussion on the item.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: J.L. then are we saying that at no time will the rental
for this tent be waived because it's supposed to be a fund raising activity?
Because if you're going to waive the rental fee or the use fee for the tent,
what have we accomplished?
Vice Mayor Plummer: We are saying that if you go in to have a festival, and
that you are going to use tents for vendors, that you will have to use the
tents that the park has.
Commissioner Dawkins: Thank you.
i
Vice Mayor Plummer: And just as I'm informed, that the price that we would
charge for the tents is less than it would be for market value if you went out
to a company that provides them. And keeping in mind that the trust went out
and got all of the tents donated - Rodney Baret;o in particular - got all of
the tents absolutely free for the park. I also think aesthetically it makes
more sense that all the tents are uniform and you don't have all kinds of
colors and horrible looking tents that are down there.
Commissioner Dawkins: We moved it, J.L. And we re ready to vote on it.
Vice Mayor Plummer: Yes, sir. Well...
Commissioner De Yurre: Who puts up the tents?
Vice Mayor Plummer: We do.
Commissioner Dawkins: We moved it, it's been seconded, and let's vote on it.
241 September 11, 1991
i
e
Commissioner De Yurre: Also?
Vice Mayor Plummer: Yes. We put them up and take them down. It's very
simple.
Commissioner Dawkins: Call the roll, Mr. Mayor.
Commissioner De Yurre: We charge a fee for that?
Vice Mayor Plummer: Huh?
Commissioner De Yurre: Were you going to charge a fee for that too?
Vice Mayor Plummer: That's included in the rental fee.
Mayor Suarez: All right.
Commissioner Dawkins: Call the roll, Mr. Mayor.
Mayor Suarez: We have a motion and a second. Any further discussion? The
ordinance has been read. If not, please call the roll.
Vice Mayor Plummer: I read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ARTICLE III OF CHARTER 38, AS
AMENDED, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
ENTITLED "BAYFRONT PARK MANAGEMENT TRUST", TO
ESTABLISH A DEDICATED REVENUE SOURCE FOR THE MILDRED
AND CLAUDE PEPPER FOUNTAIN LOCATED IN BAYFRONT PARK
AND TO PROVIDE THAT THE BAYFRONT PARK MANAGEMENT TRUST
MAY ESTABLISH USE CHARGES FOR THE USE OF TENTS, TICKET
BOOTHS, FENCING, TABLES AND CHAIRS OWNED BY BAYFRONT
PARK MANAGEMENT TRUST AND FOR USE IN THE BAYFRONT
PARK; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
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.
242 September 11, 1991
------------------------------------------------------------------------------
59. PERSONAL APPEARANCE BY MAIRA DIAZ FROM DOWNTOWN MIAMI BUSINESS
ASSOCIATION - SCHEDULE DOWNTOWN CONCERNS TO BE HEARD AT KNIGHT CENTER,
OCTOBER 3RD, AT 6:30 P.M.
------------------------------------------------------------------------------
Mayor Suarez: Item 41. Do you need us to change venue from James L. Knight
to - no?
Ms. Maira Diaz: No, I was informed that the City of Miami doesn't have 30
days to advertise it. So we're going to have it at James L. Knight.
Mayor Suarez: Ah.
Ms. Diaz: But I'm here to request that if we could have a time certain
between 6:30 and 8:00 o'clock for the downtown issues to be heard, because the
merchants don't get out of their stores until 6:00.
Mayor Suarez: What kind of a hearing is that? Is that a hearing just like
today's regular...
Vice Mayor Plummer: Be after 2:00 o'clock.
Commissioner Alonso: It is a regular agenda, the afternoon.
Ms. Diaz: Yes...
Mayor Suarez: Regular agenda.
Commissioner Alonso: Yes.
Ms. Diaz: Right.
Mayor Suarez: And by the time 6:30 rolls along, hopefully...
Ms. Diaz: Right.
Mayor Suarez: ...we can allocate an hour and -a -half to downtown issues. Is
that your...
Ms. Diaz: Yes.
Commissioner Alonso: That's the idea of having it there.
Mayor Suarez: OK.
Ms. Diaz: Is that OK?
Mayor Suarez: Six thirty to 7:30. Try it for an hour because we may at 7:30
have to get back to some other items.
Ms. Diaz: OK.
243 September 11, 1991
Vice Mayor Plummer: What are you all buying us for lunch?
Ms. Diaz: Do you want to meet us on Flagler?
Vice Mayor Plummer: I think it's a good idea.
lunch somewhere on Flagler Street?
Ms. Diaz: Sure. No problem.
Vice Mayor Plummer: And invite all of us.
Ms. Diaz: We will.
Commissioner Alonso: Yes.
Mayor Suarez: Good idea. All right.
Ms. Diaz: Sure.
Why don't you establish the
Vice Mayor Plummer: No, no, she's going to invite all of us to lunch at noon.
Commissioner Alonso: Nathan Roc will pay for it.
Mayor Suarez: We don't need a motion on that, do we? Where's your helpful
agenda clerk, Mr. Perez-Lugones, just to earmark the hour from 6:30 to 7:30 to
downtown issues. We haven't printed that agenda yet, have we?
Mr. Odio: (INAUDIBLE STATEMENT.)
Mayor Suarez: Very good. Thank you Maira, you've been most eloquent.
Goodbye.
Ms. Diaz: Thank you.
60. GRANT REQUEST BY SUNSTREET FESTIVAL, INC., FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE SUNSTREET FESTIVAL PARADE - PERMIT SALE OF BEER
AND WINE - ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS.
-------------------------------------------------------------------------------
Mayor Suarez: Arthur Brooks, Sunstreet Festival. Are they here? Is this
matter resolved administratively? No.
Commissioner Dawkins: No, he's not here.
Mr. Odio: Closure, if you want to... I don't knew if we could close the...
Mayor Suarez: I would have no problem moving to do whatever we did last year
with no out-of-pocket expenditures, and let the administration go with it.
Vice Mayor Plummer: Well, here, let me do this for you.
244 September 11, 1991
Mr. Odio: Do the street closure, please.
Vice Mayor Plummer: Let me establish the street closure of N.W. 7th Avenue
and 54th Street and 62nd Street, approval of the sale of beer and wine...
Mr. Odio: One day.
Vice Mayor Plummer: ...and approval of the restriction of peddlers during the
festival. I so move.
Commissioner Alonso: Second. That's what they are asking.
Vice Mayor Plummer: Right.
Mayor Suarez: That's what they were asking, OK.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Vice Mayor Plummer: Don't cost us anything. So move.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-665
A RESOLUTION RELATED TO THE SUNSTREET FESTIVAL TO BE
CONDUCTED BY THE SUNSTREET FESTIVAL. COMMITTEE, INC.
DECEMBER 7, 1991; PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC;
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; AUTHORIZING A ONE -DAY
PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID
EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED
BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO
RETAIL PEDDLERS DURING THE PERIO1 OF THE EVENT;
CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CIrY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
245 September 11, 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.
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61. DISCUSS AND CONTINUE REQUEST BY THE FRATERNAL ORDER OF POLICE (FOP) MIAMI
LODGE 20, FOR FINANCIAL ASSISTANCE FOR MARTIN GARCIA AND ALBERTO
PUMARIEGA (Continued to October 3rd Meeting).
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Mayor Suarez: Item 44. Two attorneys who litigated against the City, or
what was it exactly? -I forget.
Robert D. Klausner, Esq.: It was the City board litigated against two police
officers and was unsuccessful, and the officers were required to borrow money
from the union to defend themselves.
Mayor Suarez: OK, now one question is, what is the standard applicable to the
City compensating them for legal fees? It's permissible or mandatory? How
does it go?
Mr. Klausner: Mandatory. The Florida Supreme...
Mayor Suarez: How does it read?
Mr. Klausner: Excuse me?
Mayor Suarez: How does it read, specifically?
Mr. Klausner: How does it read?
Mayor Suarez: So we don't...
Mr. Klausner: The Florida Supreme Court, on October 11, 1990 in the City, a
case of Thornburgh vs. City of Ft. Walton Beach said, that whenever a public
officer or employee is required to defend themselves either in a civil or
criminal action arising out of their employment, and they are found not guilty
or no liability of that action. That it is a common law mandatory obligation
of the municipality, county or state, depending on the employer, to reimburse
the officer. There is also a statutory provision under 111.07.
Commissioner De Yurre: How much money are we talking about here?
Mr. Klausner: Eighteen thousand.
Commissioner De Yurre: Each? -or both?
246 September 11, 1991
Mr. Klausner: No, total. It's... the exact figure is...
Vice Mayor Plummer: That's only for cities that don't have a legal
department. I think.
Mr. Klausner: Eighteen thousand, three hundred and fifty dollars in fees, and
$616.23 in court costs.
Vice Mayor Plummer: Bob, isn't that statute relate to only cities that don't
have legal departments? -that don't have city attorneys?
Mr. Klausner: It relates to where the employer refuses to provide a defense.
In this case, it was a City board that was seeking to hold these two officers
in contempt. This item relates...
Vice Mayor Plummer: But I mean, that statute that you read from...
Mr. Klausner: I didn't read from the statute, I read from the Supreme Court
opinion. It says that the obligation to reimburse for attorneys fees is
independent of any statute, charter or Constitutional provision. That it's a
common law right of a public officer or employee.
Commissioner De Yurre: Why don't we hear from our City Attorney.
A. Quinn Jones, III, Esq.: Mr. Mayor and members of thn City Commission, the
case Mr. Klausner cites is correct in terms of the proposition which
recognizes that there is a common law duty even in the absence of a statutory
provision to pay for, or reimburse should I say, in the event of failure of
the City to provide, or an agency, to provide representation. However, the
problem that I'm having with it is twofold. Recognizing the particular
circumstances that the Thornburgh case dealt with, which was in fact a recall
petition, wherein certain commissioners were challenged for having fired the
City Manager and the city police, I think the circumstances are quite
different. And I'll expound a tittle further if you permit me to. Under the
section...
Mayor Suarez: That's the case that he was referring to?
Mr. Jones: Yes.
Mayor Suarez: That's not a City of Miami case.
Mr. Jones: No.
Mayor Suarez: No recalls petition that you're aware of right about now, are
there?
Mr. Jones: No, no, no, no. The applicable language, as he indicated, was a
Florida Supreme...
Mayor Suarez: So what you're saying is that ca;e is not all that similar to
this situation here.
247 September 11, 1991
s
Mr. Jones: I don't think it is. Because I think that what was not taken into
consideration is the actual language that's employed within the particular
section that Mr. Klausner is referring to. Vice Mayor Plummer, referred
earlier to the section that talks about the discretionary nature of the City
having the right as being permissive to pay in the event it so wishes to do
so. Having reviewed this, and only having reviewed it at the last minute, it
is my opinion that the controlling provision that this Commission would be
governed by would be 11065, which is the permissive section. And my, the
reason...
Mayor Suarez: That section says we may, but we're not obligated to reimburse.
Mr. Jones: You're not obligated to. Now...
Mayor Suarez: All right. That's the statutory section.
Mr. Jones: That has - and I tell you that I do have a serious problem with
this and the Supreme Court opinion in trying to reconcile these two different
sections. Because if it's interpreted, if 11107 is interpreted as Mr.
Klausner would have it interpreted, or as he reads the Court is interpreting
it, every single instance, and every single time that a police officer sues
the City or is involved in a lawsuit involving the City, whatever else, we're
going to be on the hook for paying legal fees. And I think you have to look
at the language very closely as to what it says. The section says, ...if...
Mayor Suarez: If it's within the scope of their employment.
Mr. Jones: If it's within the scope of employment. But I think it even goes
further than that. Because in the context of the Independent Review Panel in
terms of what that particular case dealt with, a conscious decision by these
police officers to not honor subpoena on behalf of the board, I think is quite
different in terms of the language that's speciried in the latter half of the
statutory provision. The statutory provision in question, which Mr. Klausner
cites says, "...if any agency of the state or any county, municipality, or
political subdivision of the state is authorized pursuant to this section,"
which we, as the City of Miami, are authorized, "to provide an attorney to
defend a civil action arising from...," and this is what I think are the
relevant words, "...arising from a complaint for damages or injuries suffered
as a result of any act or omission of action of any of its officers,
employees, or agents and fails to provide such an attorney." Now, to me, I
think that operative language does not take in, or does not... or when this
particular language was passed by the Florida Legislature, I do not think it
was contemplated that the type of remuneration that Mr. Klausner is seeking on
behalf of an action before or involving the Independent Review Panel, I think
is totally outside of what was intended here. I think it's totally different.
Mayor Suarez: OK, to put this a little simpler. This Commission decided to
investigate a series of events related to a disturbance in Overtown. This
Commission established an Independent Review Panel to do that, and we gave
them subpoena powers which we have under our Charter, we presume we could give
them.
Mr. Klausner: Right. Now, but on January...
248 September 11, 1991
Mayor Suarez: This Commission - wait a minute.
Mr. Klausner: OK.
Mayor Suarez: This Commission attempted to seek the testimony of two of our
own police officers for which they would presumably be paid if they were there
during their time, if it was... I mean, I don't think that became an issue
certainly.
Mr. Klausner: No, it wasn't. It didn't happen to be their work time, but
that's not the issue.
Mayor Suarez: Right, and his union... and I can't blame him for doing that, I
suppose - I don't agree with the action that they took - decided to fight that
right in court. To contravene the policy of the City of Miami to ask them to
testify or to require them to testify. And you're now saying that, therefore,
since they prevailed by some interpretation of the courts with which I don't
agree, that somehow we now have to pay their attorneys fees, for contravening
this Commission's policy. And that, somehow, comes within the scope of their
employment in the sense of that case that you referred to and in the sense of
the statute. I am sorry, but you haven't convinced me.
Mr. Klausner: Wel1, if you'd like, if you would let me finish my
presentation. On January 19th, 1989, Mr. Mayor, I wrote to you and told you
that an attempt to transfer subpoena power to a committee which was not
composed of City Commissioners, violated the City Charter. Now, I wrote you
that and I copied all the members of this Commission, the Manager, and the
City Attorney.
Mayor Suarez: I didn't agree with you at the time, and I don't agree with you
now. Unfortunately, I haven't been able to convince the courts of that.
Mr. Klausner: Well, in August of 1989, the Circuit Court... well, actually
the officers declined to honor the subpoenas. The officers asked the
Independent Review Panel not to seek a contempt citation until the officers
themselves could seek a judicial declaration of the validity of the subpoena.
The Review Panel refused to wait. The Review Panel went to court and sued the
officers, asking that they be held in contempt for refusing to honor the
subpoenas. The officers defended against that ection, and in August of 1989,
the Circuit Court struck down the subpoena power saying the subpoenas were
unlawfully issued. The Independent Review Panel came to this Commission...
Mayor Suarez: Ah, you got my interest now. You got my interest.
Mr. Klausner: Asked for more...
Mayor Suarez: There was a point at which the action turned into a contempt
citation against the officers.
Mr. Klausner: That's what this case was. That'; all this case was.
Mayor Suarez: And their position was later vindicated by a court.
Mr. Klausner: Absolutely.
249 September 11, 1991
Mayor Suarez: Do you have any way of determining from the entire proceedings
how much of the legal fees expended related to that contempt?
Mr. Klausner: All of it.
Mayor Suarez: No. All of it, no, no way. Because we began the action to
enforce the subpoenas, there's no way. I mean, you'd have to, somehow, split
that.
Mr. Klausner: Mr. Mayor, I'm happy to turn my time sheets over to the City
Attorney's Office. That's not a problem. But all of the time that I am...
there is more billed on this case than what I've asked you for. The billing
starts on the day that the Review Panel seeks the contempt citation against
the officers. And the officers are required now to defend themselves.
Mayor Suarez: Well, they could have also come in voluntarily, which we tried
to work out at the time.
Mr. Klausner: I'm glad you said that.
Mayor Suarez: That would have been a very nice solution all around.
Mr. Klausner: The FOP (Fraternal Order of Police) went to the Independent
Review Panel and said, if you would invite the officers to come, they will
come. They invited the president to the FOP, and he went voluntarily.
Mayor Suarez: That worked out nicely.
Mr. Klausner: These officers said, if you will invite us, we will go. The
Review Panel refused to invite them and said, ro, we're going to show you we
have the subpoena power and then force them into a situation where they have
to defend themselves.
Mayor Suarez: There's a scene in the movie called "Butch Cassidy and the
Sundance Kid" that's like that. Invite them to stay so that they will leave.
If they had just done that.
Mr. Klausner: After the Circuit Court ruled, tiis matter could have come to
an end. But instead, the Review Panel came to this Commission and asked for
more money to prosecute an appeal in the Third District Court of Appeal, which
is where the bulk of the monies are here, prosecuted that appeal and in the
Third District Court of Appeals opinion, which came down in January of this
year, said exactly what I said to you in my letter in January of 1989. Almost
word for word.
Mayor Suarez: The whole thing, from our perspective, and I'm sure from the
perspective of the people out here, that are out in the audience, was an
exercise in futility, and should not be paid fc- by the citizens of Miami. I
think everybody would agree on that. Now...
Mr. Klausner: Nor should it be paid for by the two police officers who had to
borrow the money from their union.
250 September 11, 1991
Mayor Suarez: Well, see, now they haven't paid for it. The union paid for
it.
Mr. Klausner: Well, the union loans them the money. They have to sign a loan
agreement.
Mayor Suarez: I've never heard of the union going after them for those loans.
The union pays for their attorneys.
Mr. Klausner: Well, as a matter of fact, we...
Mayor Suarez: What else does the union do if not pay for their attorneys
when...
Mr. Klausner: We have sued members who have refused to repay their loans. In
fact, there are two cases pending...
Mayor Suarez: I don't think you would in this case.
Mr. Klausner: There are two case... well, that's...
Mayor Suarez: I'll represent them for free if the union sues them.
Mr. Klausner: That's fine.
Mayor Suarez: Commissioners, I don't know. I mean, this is a little bit...
Mr. Manuel Gonzalez-Goenaga: May I be recognized?
Mayor Suarez: No, no, sir, not right now. You may have a seat. We have an
internal discussion going on. Have a seat, Manolo.
Vice Mayor Plummer: Leave it alone, Cesar, Cesar.
Mr. Gonzalez-Goenaga: One minute.
Mayor Suarez: Have a seat, have a seat.
Vice Mayor Plummer: Leave him alone. Jesus, don't agitate him.
Mayor Suarez: This is as tough a case as has ever come before us. We are
being asked to pay for the legal fees of officers who refused to abide the
procedure that we established, wisely or unwisely, and that, somehow, comes
under, according to you...
Vice Mayor Plummer: Cesar, you are going to create a scene. Leave him alone.
He's making a fool of himself. Don't confront him. Cesar, it don't stink
unless you stir it.
Commissioner De Yurre: How does this differ frcm Civil Service and things of
that nature when they are brought before the Civil Service?
Mayor Suarez: Well, those result from actions that they take clearly within
the scope of their employment, i.e., law enforcement actions that they take
typically.
251 September 11, 1991
Commissioner De Yurre: Well, isn't this an action that they were taking as law
enforcement officers? They were officers...
Mayor Suarez: I would say it's an action that they were taking...
Commissioner De Yurre: Well, I think they were on... weren't they on duty at
the time?
Mayor Suarez: ...in defiance of this Commission, is what I think they were
doing.
Vice Mayor Plummer: Yes, but there is another side to that, Mr. Mayor. And
I'm not defending either side. The point is that they were defending
themselves from an action that this Commission had no right to impose. We
thought we did, and did that in the good faith of trying to convey that on
over and yet for them to defend themselves they had to go to court to prove
that this Commission did not have the right to transfer that authority to
someone else. There is a second side to this story. Now, I understand what
you're saying. You know, that we got to pay, or that we're being asked to pay
for defiance of this Commission's request. But I guess we have to go back and
say that even though we were told from the beginning by some, that this
Commission's request was not proper. In fact, the courts found that it was.
And these men, to preserve that right, had to go to court. Now, should they,
as City employees, be required to prove a legal point to that extent of
$18,000 or whatever the number is, to say, Commissioners, you didn't have that
authority, you tried to force it on me, and I had to go to court to prove that
you were wrong. And now why should I have to pay for something that you tried
to do that was wrong? I think there is a major point here. I think that...
Mayor Suarez: All right, well where do you come down, and what do we do?
Let's make a decision, folks. We got a few other items.
Vice Mayor Plummer: Well, first and foremost, I'm not going to do anything
until I see a breakdown of the hours involved, and how much...
Mr. Klausner: That's fine.
Vice Mayor Plummer: ...and this be scheduled e.s a regular Commission item.
But I think that there is another side to this coin.
Mayor Suarez: All right, anything further? Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, you know, I see it both ways also. But
what's good for the goose is good for the gander.
Vice Mayor Plummer: That's right.
Commissioner Dawkins: So now, if this is going to be the policy, and they
have to be reimbursed, anytime they take an action contrary to the wishes of
the Commission and they lose, they must reimburse the City also.
Vice Mayor Plummer: I don't have no problem wit;i that.
252 September 11, 1991
3,4
Commissioner Dawkins: OK, I'm saying...
Mr. Klausner: You have sought fees from us before.
Commissioner Dawkins: No, no. I'm not talking to you, I'm talking to the
Commissioners. OK? I don't have any.... When I ask, I'll ask you. OK?
Mr. Klausner: Fine.
Commissioner Dawkins: Until then, I wish you wouldn't try to convince me.
Now, if - and like you said - we owe them the money because they defended
themselves. But there are going to be other times when this Commission
decides something and, rightfully so, that they think we're wrong, they have
the right to go to court. If they lose, then they... then there should be the
policy of them to rightfully reimburse the City for any charges the City
incurred.
Vice Mayor Plummer: I don't have any problem with that at all.
Commissioner De Yurre: Let's ask the following question. What if the results
would have been different?
Vice Mayor Plummer: Say again?
Commissioner De Yurre: What if the results would have been different? What
if we would have been right?
Vice Mayor Plummer: I wouldn't pay them a dime.
Commissioner De Yurre: No, forget about paying them, getting reimbursed for
our costs is what I'm talking about. Which is w'iat Miller's talking about.
Vice Mayor Plummer: Would we expect to be reimbursed for the time? I think
it's only right that we ask.
Commissioner De Yurre: Well, is that the case? Are we establishing that
policy here?
Vice Mayor Plummer: Have we ever had the case it which we had to do that?
Commissioner De Yurre: Does that exist?
Mayor Suarez: It would be...
Vice Mayor Plummer: Well, let me ask this, isn't - you guys are lawyers -
isn't it usually determined by the court who pays the expenses?
Mayor Suarez: No, only in certain cases where a contract provides or where
there is...
Commissioner De Yurre: Statutory.
Mayor Suarez: ...statute, special statute. 'typically in a case where we
don't have the English system in that sense. We don't recover... the
successful party doesn't recover attorneys fees unless otherwise...
253
September 11, 1991
Commissioner De Yurre: OK, let's hear, you know...
Vice Mayor Plummer: Well, does the City... all right, using your scenario.
Does the City have the right, if we prevail in a lawsuit such as the
Commissioner has...
Mayor Suarez: No.
Vice Mayor Plummer: ...that we can go into court and ask for reimbursement?
Commissioner Dawkins: We don't have a right to get it, be reimbursed. We
don't have no right?
Mr. Jones: There is... let me, Mr. Mayor...
Commissioner Dawkins: Well then, there's no sense in pursuing it.
Mr. Jones: ...Commissioner, there 1s a provision in the same section that
provides that if the City expends dollars in terms of representation for a
public officer, and that individual loses, then the City can recoup that money
from that individual.
Vice Mayor Plummer: Well, there it is.
Mayor Suarez: If we do represent them from the beginning, and he loses.
Mr. Jones: Yes.
Commissioner De Yurre: Yes, but we're not representing them. This is a
different story.
Mr. Jones: No, even if... even whether we represent him or have counsel for
him, that would be the same thing.
Mayor Suarez: No, no, in this case what we have is, we're taking action.
They're opposing it. We prevail. Do they have.:o pay our attorneys' fees? I
don't...
Commissioner De Yurre: That's the question.
Mayor Suarez: I don't think they do. But anyhow...
Commissioner De Yurre: Well....
Vice Mayor Plummer: I don't know.
Commissioner Dawkins: OK, all right, OK.
Mr. Jones: Did the statute provides that it does.
Mr. Klausner: Do you want to ask me the question?
Mr. Jones: ........ it does.
254 September 11, 1991
Commissioner De Yurre: The what now?
Vice Mayor Plummer: ...says yes.
Mayor Suarez: No, that's when we provide counsel for them.
Vice Mayor Plummer: He says yes.
Mayor Suarez: And they lose.
Commissioner De Yurre: OK, you're in agreement with that?
Mr. Klausner: In certain circum...
Vice Mayor Plummer: I definitely agree.
Mr. Klausner: In certain types of cases that the FOP has been involved in
with the City, had the union not prevailed, the City...
Commissioner De Yurre: No, I'm asking about this particular case.
Mr. Klausner: In this particular case, the answer is no. Because this talks
about the common law right of a public officer to be defended when their
actions as an employee or officer are called into question, either criminally
or civilly.
Vice Mayor Plummer: No, Bob, he's asking it in reverse. Had the officers
lost in court, would the City be expected, and rightfully have the City be
reimbursed for monies they expended if they lost?
Mr. Klausner: The Independent Review Panel sought fees in the event that it
had been successful. Since they weren't, I really didn't get into the
question. There are a number of...
Commissioner De Yurre: Well, I'm asking you now. The question is before you
now.
Mr. Klausner: In this particular type of case, no, I don't think they could
have recovered fees. In other types of cases...
Commissioner De Yurre: Why not?
Mr. Klausner: Yes, because there's no statute o• common law right or contract
providing for fees.
Commissioner Dawkins: Well, then, by the same token, then why aren't you
suing the civilian review board instead of us?
Mr. Klausner: Because...
Commissioner Dawkins: If they couldn't... if before, they couldn't get money
from you?
255 September 11, 1991
Mr. Klausner: Because they're an agency of the...
Commissioner Dawkins: They don't have any money, huh?
Mr. Klausner: They're an agency of the City. You're responsible for them
under the Charter.
Commissioner Dawkins: OK, all right, I'll call... call the question, Mr.
Mayor.
Mayor Suarez: Yes, we have to dispose of the item. The Vice Mayor has
requested to look at more information on this. 7 think he indicated that he'd
like to have a full fledged public hearing, give him a little time to consider
it. Maybe that's true for the rest of us. I'm not...
Vice Mayor Plummer: Let as a question.
Mayor Suarez: ...a hundred percent sure how to vote on this.
Vice Mayor Plummer: Can we establish right now - you know, always in a
crisis, Bob - can we establish right now that any City employee that sues or
is involved in a suit that doesn't first ask for representation from the City
Attorney's Office, be fully understood that that employee will be on his own
for his legal fees? Can we establish that policy? -without any names or
anybody being involved at this time. Because you know what happens. One
comes up here and says - and we remember the case, the last one - he wanted to
hire a lawyer. We said, OK, use the City Attorney. He said, no, I want an
outside lawyer. They got into a hell of an argument that he didn't feel that
the City Attorney was qualified and blah, blah, blah. Could we establish it
right now that any City Attorney...
Mayor Suarez: No, no, if a City employee is sued anywhere and wishes to have
representation, as they logically would, they must first - it's not a matter
of establishing the policy - they must first ask the City Attorney for
representation.
Vice Mayor Plummer: No, sir....
Mayor Suarez: The problem is, when they refuse that, they don't think, they
think it's either the conflict or there's some problem. That's when the
problem arises. I guarantee that you're right on the first part of your
question. They must first... in fact, we provide them representation right
off the bat in every case except very few where we specifically suggest
outside counsel which has only happened a few tines.
Vice Mayor Plummer: You think we're covered enough.
Mayor Suarez: Yes. Except if we simply disagr:e with them, as we did in the
case we're referring to where our City Attorney didn't think that that
warranted special outside counsel, and he felt that he should have it. That
was a mess.
Mr. Al Cotera: Excuse me, Mr. Mayor.
256 September 11, 1991
Mayor Suarez: So, hopefully, it won't come up.
Mr. Cotera: Yes, Al Cotera, president (Tape 14) Fraternal Order of Police.
Our organization currently is defending more than a dozen cases that have been
turned down by the City Attorney's office. And it has been my policy, since I
took office, that that is the first step that we will do involving any
lawsuit, any action whatsoever, whether it be civil...
Mayor Suarez: Yes, please do, because otherwise the Vice Mayor would be right
that that would really be ironic if...
Mr. Cotera: ...or criminal, in which the officer was involved in the line of
duty.
Vice Mayor Plummer: You know, Al, the point you're bringing up right now, I
can never ever once remember the City Attorney's office bringing up to this
City Commission that they have refused to provide counsel for any City
employee. We don't know about it.
Mr. Cotera: Well, sir, I have more than a dozen cases right now...
Vice Mayor Plummer: No, no, I'm telling...
Mayor Suarez: It's not a refusal, it's a matter of conflict.
Vice Mayor Plummer: Has any member of this Commission ever remember being
told by the City Attorney's Office that they have denied the request of a City
employee to have representation?
Mr. Jones: Mr. Plummer, let me...
Vice Mayor Plummer: Never once.
Mayor Suarez: Not denied, but there's been conflicts, there's been conflicts.
Mr. Cotera: Furthermore, on the suggestion of Commissioner Plummer that the
union reimburse the City on cases that we've lost, I suggest you look at your
track record before you want to get into that. You may end up... T.
Commissioner Dawkins: No, if you've lost none, we...
Mr. Cotera: You may end up losing more.
Commissioner Dawkins: No, but Al, if we lost none, there's no problem.
Mr. Cotera: May end up costing you more than what you think.
Mayor Suarez: Al, we're afraid of establishing a precedent that says that
everytime you win, regardless of whether we're clear that the law requires us
to pay legal fees, that we have to pay it. That s what we're...
Mr. Cotera: I realize that.
257 September 11, 1991
Mayor Suarez: So we figure, well, if you make the same commitment, maybe
we'll all be more careful about litigating with Each other.
Mr. Cotera: This is one of those cases...
Vice Mayor Plummer: Would you send me a copy...
Mr. Cotera: And we're working diligently with the City Manager's office in
trying to alleviate a lot of this litigation.
Vice Mayor Plummer: I would like...
Mayor Suarez: I know, I know, and it's a new era in that sense. We
appreciate that.
Mr. Cotera: But...
Vice Mayor Plummer: I would like a copy of all the cases that you are
involved in which you asked for legal counsel of the City Attorney and were
denied.
Mr. Klausner: I will provide that.
Mr. Cotera: No problem.
Vice Mayor Plummer: Please.
Mayor Suarez: Yes, not...
Mr. Jones: Mr. Plummer, if I might just address that. And I think...
Mayor Suarez: Could you do that privately with the Vice Mayor?
Mr. Jones: OK....
Mayor Suarez: Do we need to get into that? -please. There are many cases...
he's asking for a whole history. Please.
Vice Mayor Plummer: No, no, no, I just asked hire to send it to me.
Mayor Suarez: Yes, that's fine. All right...
Commissioner Dawkins: Call the roll.
Mayor Suarez: We're going to...
Vice Mayor Plummer: On what?
Mayor Suarez: ...unless Commissioner makes a motion, we're going to put this
formally on the agenda for action on October 3rd.
Vice Mayor Plummer: I asked them to furnish Tie and the Commission with a
background of all of the facts of the case, the breakdown of the hours
involved and the fees charged, and the court cost.
258 September 11, 1991
Ll
Commissioner Dawkins: And you wanted... you said, do it at a regular
scheduled meeting. You have to make a motion to do that.
Vice Mayor Plummer: At the next regular Commission meeting.
Mayor Suarez: October 3rd.
Vice Mayor Plummer: No, I don't think... does that take a motion?
Commissioner Dawkins: You got to make a mo...
Mr. Odio: You don't need a motion for....
Vice Mayor Plummer: No.
Mayor Suarez: We'll schedule it for October 3rd, and provide all of us with
what the Vice Mayor is requesting, please.
Commissioner Dawkins: OK.
62. (A) COMMISSIONER DAWKINS INTRODUCES FORTE PIERRE, MAYOR OF FORT
LIBERTE, HAITI.
(B) INSTRUCT CITY MANAGER TO IDENTIFY $50,000 TO BE LOANED TO THE
HAITIAN AMERICAN FOUNDATION, INC. (NOT TO BE RELEASED BEFORE
OCTOBER 1, 1991) AND REPORT BACK TO COMMISSION WITH
RECOMMENDATION NO LATER THAN OCTOBER 3RD.
Mayor Suarez: Item 45, Ringo Cayard. He's left. We don't need to handle the
item any more. Oh...
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Mr. Mayor, we also have one of mayors from some city in
Haiti. Would he introduce himself and we'll welcome him.
Vice Mayor Plummer: Oh, oh.
Mr. Forte Pierre: (COMMENTS IN FRENCH).
Mayor Suarez: Ringo, do you want to do the honors?
Commissioner De Yurre: I'll translate for you.
Mr. Ringo Cayard: He's going to say it in French and Mrs. Chancy will
translate the whole thing.
Mayor Suarez: Ah. My special greetings to...
Mr. Pierre: (COMMENTS IN FRENCH).
259 September 11, 1991
Mayor Suarez: One moment. Ma'am, would you please translate before he goes
too far.
Translation by Ms. Colette H. Chancy: My name is Pierre Forte and I am the
elected mayor for Fort Liberte, a city from Haiti.
Vice Mayor Plummer: What kind of a mayor?
Mayor Suarez: Elected.
Vice Mayor Plummer: Oh, elected mayor, OK.
Mayor Suarez: Do you have a Vice Mayor?
Vice Mayor Plummer: From Lauderdale.
Mr. Pierre: (COMMENTS IN FRENCH)
TRANSLATION: I'm also the coordinator for the Association of Mayors, 14
mayors, representing 14 cities and 350 thousand people. While on a business
to the United States and Miami...
Vice Mayor Plummer: Mille... Mille, no less. Oyl
Mr. Pierre: Miller. (COMMENTS IN FRENCH)
TRANSLATION: I have decided to stop here to say hello to the Mayors and the
Commissioners of the Sister City. On behalf of my country, I want to thank
Mayor, Commissioner Miller Dawkins, for his support to the Haitian community
and the donation of trucks to Haiti. We'll use... I'm taking this
opportunity to thank Mayor Suarez for his visit to Haiti recently. I'm taking
this opportunity to ask the Mayors and Commissioners for the assistance for
Haiti. I'm taking this opportunity to ask the Mayor and Commissioners of
Miami to think about Haiti. If there is anything you can do for Haiti, Mr.
Ringo Cayard in Miami can be the contact person. Thank you.
Mayor Suarez: Merci.
Mr. Pierre: Merci.
(APPLAUSE)
Mayor Suarez: Please extend to him, obviously, our special welcome and on
behalf of Commissioner Dawkins, this entire Cormission, and the citizens of
Miami, and we're pleased to have had an opportun;ty to meet with the president
and to cooperate with Haiti in future endeavors to help the redevelopment and
progress of the two areas jointly. You could tell him that privately, Ringo,
at your convenience. Just want to make sure that he understands that we have
given him official welcome.
Mr. Cayard: I think about six... now, let me see six, about six, I'm on the
agenda, number 45. My name is Ringo Cayard, 4S2 N.E. 57 Street. And I see
J.L. smiling, I don't know why, because we're not going to be asking for too
much money. Maybe just going to ask that they forgot about us last time they
were giving the money to each agencies. And we're here to remind the City
260 September 11, 1991
fathers that, hey, we're there. And it was very nice that the day of the
explosion that Commissioner Alonso was there, and saying that, of course, she
was going to be helping out which we appreciate that. And I thank everybody
in the City appreciates that. Also Commissioner Dawkins was there.
Mayor Suarez: So you're taking advantage of the visit of "monsieur le major"
to get your agenda resolved.
Mr. Cayard: You might say so.
Mayor Suarez: Now, Frank, where are we on this? I don't remember.
Mr. Frank Castaneda: Commissioner, Mayor, I'm sorry?
Mayor Suarez: Where are we on this? They were on a... presumably on a yearly
cycle of funding.
Mr. Castaneda: No, what happened was that the year before that, remember
HACAD(Haitian American Community Association of Dade Inc.) had two years
allocation because we did not enter into contract, with. We gave some money to
HAFI(Haitian American Foundation Inc.) and then HACAD got the year's
allocation. When we went through the planning process, HAFI never applied
again. And they were never part of the discussions of their community
development, and so forth. They just were not there. And all that money has
been allocated.
Mayor Suarez: We would have to hope for savings from one of the other
agencies or....
Mr. Castaneda: We don't have any savings at this time.
Mayor Suarez: Well, I wouldn't think at the beginning of the cycle year.
Vice Mayor Plummer: Well, we can't turn our back on them. No way. I'll...
Mr. Manager, I know you're going to love this. I'll make a motion that the
City Manager be instructed by this Commission to find the allocation of
funding, and report back to this Commission...
Mr. Odio: How much is it?
Vice Mayor Plummer: Fifty thousand dollars.
Mr. Odio: (INAUDIBLE STATEMENT)
Vice Mayor Plummer: Mr. Manager, as Mr. Dawkins says, we'll expect you to
waive your magic wand.
Mr. Odio: If I don't find it, I don't have to find it.
Vice Mayor Plummer: No, sir, I didn't say tha:.. I'm asking you to make a
diligent search to try and find the funding that is muchly needed in that
community. And to report back to this Commission no later than October the
3rd what this Commission's options are to try and help. Now, we know what
they've been through. Most all of us were there for the explosion. And they
have survived that.
261 September 11, 1991
Mr. Odio: Let me tell you right now. I don't have a magic wand, and what I'd
like to do if you would, if you plan to fund them as after in this 18th year,
we could lend them the money and when the allocation comes in June, I get my
money back.
Vice Mayor Plummer: That's not my request, sir.
Mr. Odio: Well, that's the way to do it. You asked me for alternative ways
of doing it.
Vice Mayor Plummer: I'm telling you to find alternative ways...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: Oh, OK, I can do that. All right.
Mr. Manuel Gonzalez-Goenaga: May I be recognized in support?
Vice Mayor Plummer: Well, wait a minute, let me finish here. You understand
what's being said?
Mr. Cayard: Not quite.
Vice Mayor Plummer: Well, it basically is, we waive the loan. We're going to
loan you the money.
Mr. Cayard: OK.
Mr. Odio: That's right.
Vice Mayor Plummer: And then we'll talk about the terms and conditions.
We'll give you the loan on the excitement plan.
Mr. Cayard: OK.
Vice Mayor Plummer: The excitement plan is when we excite you and ask for you
to repay...
Mr. Odio: He pays.
Vice Mayor Plummer: Mas o menos. We'll work it out.
Mr. Cayard: OK. If it's OK with you, I mean, Mayors and Commissioners, I'm
going to force myself to accept it.
Vice Mayor Plummer: You want to walk away empty handed? Huh?
Mr. Cayard: That's fine.
Vice Mayor Plummer: I'll make such a motion that that be approved.
Mr. Cayard: OK.
262 September 11, 1991
Mr. Gonzalez-Goenaga: May I be recognized in favor of the proposition of the
Haitian community?
Mayor Suarez: Yes, we'll reflect that you as being favorable to it, Manolo.
Mr. Gonzalez-Goenaga: But I want to give an explanation. So it's kept in the
record.
Mayor Suarez: All right, we don't have an ordinance in place yet to...
Mr. Gonzalez-Goenaga: Oh, just a half a minute, Mayor.
Mayor Suarez: That's what I was just about to tell you, you could have a half
a minute.
Mr. Gonzalez-Goenaga: I have great respect and admiration for the Haitian
community. I have participated in the demonstrations against police
brutality, and I in full accord because you are the worst treated minority in
the City of Miami. Just like the Puerto Ricans. Because the Cubans are not
minority here any more. The Cubans, they own the City. We have the emperor
here. So, I amain full accord...
Mayor Suarez: I think the records reflect he's referring to me.
Mr. Gonzalez-Goenaga: Right.
Mayor Suarez: I don't know how it is that I nave become the object of Mr.
Manolo Gonzalez...
Mr. Gonzalez-Goenaga: Because you do ... no, the object is because you don't
allow me to speak as a citizen.
Mayor Suarez: No, no, no, no, no.... That was, no, I wasn't asking, I wasn't
asking. I shouldn't have even made a rhetorical question. All right...
Mr. Gonzalez-Goenaga: And you threatened me with the police.
Mayor Suarez: No, I told you that if you were out of order, you would be
asked to leave the chambers, that's all.
Mr. Gonzalez-Goenaga: Mayor...
Mr. Cayard: Mr. Mayor, is there...
Mayor Suarez: If I was really an emperor, I wouldn't have even threatened
you.
Mr. Gonzalez-Goenaga: Let's discuss number, itE4n nine. That you put this on
the record just because of me. And I am a member of this community who come
here without charging, and it costing me...
Vice Mayor Plummer: Why does he agitate him?
Commissioner Dawkins: What is your address, sir-
263 September 11, 1991
Mr. Gonzalez-Goenaga: Pardon me, sir?
Commissioner Dawkins: What is your address, sir?
Mr. Gonzalez-Goenaga: My address is...
Vice Mayor Plummer: Please let the man finish his two minutes and quitl
Commissioner Dawkins: What?
Mr. Gonzalez-Goenaga: Avenida Boitiel, Esquina Correa.
Commissioner Dawkins: That is City of Miami or :oral Gables?
Mr. Gonzalez-Goenaga: City of Miami. You don't even know the names of the
streets.
Commissioner Dawkins: OK.
Mr. Gonzalez-Goenaga: It's 826 S.W. 7th Street, but you know we have Ronald
Reagan, Munoz Marin and all of that from now on.
Commissioner Dawkins: And that's where you apply for homestead exemption.
Mr. Gonzalez-Goenaga: Pardon me? I live in a rented apartment, rented house.
Commissioner Dawkins: Do you have a home in Coral Gables that you get
homestead exemption on?
Mr. Gonzalez-Goenaga: Well, I'll be homeless very soon.
Commissioner Dawkins: All right, you got a home in Coral Gables where you...
and that is your primary domicile.
Vice Mayor Plummer: Let him finish.
Mr. Gonzalez-Goenaga: Here is my registration.
Mayor Suarez: All right...
Mr. Gonzalez-Goenaga: My voter registration.
Mayor Suarez: We've used up part of your 30 seconds, so you got ten. Finish
up.
Mr. Gonzalez-Goenaga: OK. I know, he interrupted me...
Mayor Suarez: I said that, I said that. Finish, please.
Mr. Gonzalez-Goenaga: And, please...
Mayor Suarez: Yes.
264 September 11, 1991
Mr. Gonzalez-Goenaga: And I again want to bask up in everything that you
asked for to this Commissioners, because I am not like one of these Miller
Dawkins that praise the Haitian community, but when they make a demonstration,
he doesn't show up. And I did show up.
Mr. Cayard: No, I have to disagree with that because Commissioner Dawkins has
always been...
Mayor Suarez: OK.
Commissioner Alonso: Let the gentleman finish.
Mayor Suarez: And the next demonstration...
Mr. Gonzalez-Goenaga: I am going to end that...
Mayor Suarez: ...it sounds like we're all going to be present.
Mr. Gonzalez-Goenaga: In the last meeting I demanded respect, and now from
the Commissioners, and now I am adding respect from Mr. Odio. Don't get on my
nerves, Mr. Odio. Please.
Mayor Suarez: All right, you're out of order, Manolo.
Mr. Odio: Do you want me to tell you what I think?
Mayor Suarez: Please have a seat, please have a seat!
Mr. Gonzalez-Goenaga: He's always complaining about me also. And I have a
right to speak in this country.
Mayor Suarez: All right, Manolo. All right, we've heard you for 30 seconds
and we're going to hear you in any other item that you asked to be on the
agenda.
Commissioner Alonso: Please, don't do that. Please, don't do that.
Vice Mayor Plummer: Leave him alone, for Christ s....
Mayor Suarez: Have a seat. Thank you. We don't need too many police
officers.
Commissioner Alonso: No, no, we don't.
Mayor Suarez: All right...
Mr. Cayard: Mr. Mayor...
Mayor Suarez: Thank you. Particularly the large sergeant in the back and the
lieutenant with the pencil in his ear. Anything further?
Mr. Cayard: Is there any way...
Commissioner Alonso: Let him finish.
265 September 11, 1991
Mayor Suarez: Please.
Mr. Cayard: Is there any way they could... when are you going to be voting on
the proposal? I mean, on...
Mayor Suarez: October 3rd, hopefully.
Mr. Cayard: No, no, I... you might be voting on it. Is it...
Vice Mayor Plummer: No, we're voting on to go ahead and expend the funds from
the allocation of the 18th year.
Mr. Odio: Next year, after October 1st I can lend him the money. Not from
this year.
Vice Mayor Plummer: Well, nobody gets any money tilt October 1st.
Mr. Cayard: Yes, we're going to vote it now. That's right.
Mr. Odio: And then we returns the money when the CDBG funds come.
Vice Mayor Plummer: You can't even buy fountain pens in my office until
October 1st.
Mr. Odio: Eighteenth year.
Commissioner Alonso: Also, I want to say that thank to the information
provided by you I found the computers that belong to me, and, yes, I'll be
delighted to provide the ones that you requested.
Mr. Cayard: Thank you.
Mayor Suarez: OK, very good.
Vice Mayor Plummer: Go away and sin no more.
Mayor Suarez: Was that a motion or not?
Vice Mayor Plummer: Yes.
Mayor Suarez: Do we have a second?
Commissioner Alonso: Yes, second.
Mayor Suarez: Call the roll please on the motion.
266 September 11, 1991
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-666
A MOTION INSTRUCTING THE CITY MANAGER TO
IDENTIFY
$50,000 TO BE LOANED TO THE HAITIAN
AMERICAN
FOUNDATION, INC., MONIES TO BE RELEASED ONLY
AFTER THE
BEGINNING OF THE NEW FISCAL YEAR (OCTOBER 1,
1991) AND
TO COME BACK WITH A RECOMMENDATION NO LATER THAN
OCTOBER 3, 1991.
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.
63. DISCUSSION CONCERNING STATUS OF DINNER KEY EOATYARD.
------------------------------------------------------------------------------
Mayor Suarez: Item 46, Pedro Pan Foundation. Are they here?
Mr. Odio: That item is withdrawn.
Commissioner Alonso: They took care of that.
Mayor Suarez: Took care of it, item 47.
Vice Mayor Plummer: Forty-six was withdrawn?
Mr. Manuel Gonzalez-Goenaga: I come to speak on 48, Peter Pan.
Mayor Suarez: OK, we're on 47, please Manolo.
Mr. Gonzalez-Goenaga: Oh.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RVCORD.
Mr. Odio: Forty-seven has been withdrawn, Mr. Mayor.
Vice Mayor Plummer: No, no, no, no.
Mr. Odio: Forty-seven.
267 September 11, 1991
Mayor Suarez: Dinner Key Boatyard, discussion.
Vice Mayor Plummer: No, no, no. I want a status report on 47.
Mr. Odio: Oh, you want... OK.
Vice Mayor Plummer: I want a report on Dinner Key. Those people, in my
understanding...
Mr. Odio: They had ninety days...
Vice Mayor Plummer: They had 90 days, which has run. Is that correct?
Mr. Odio: We have...
Mr. Gonzalez-Goenaga: What happened to 46?
Mayor Suarez: Sir, sir, have a seat!
Mr. Gonzalez-Goenaga: Forty-six, what happened?
Vice Mayor Plummer: Was withdrawn.
Mayor Suarez: Item 46 was not taken up.
Mr. Gonzalez-Goenaga: Oh, I'm sorry. I didn't hear.
Mayor Suarez: Well, you're going to have to check with the City Clerk. You
cannot just approach the mike and interrupt the proceedings.
Vice Mayor Plummer: I want to know has the 90 days run its course on that
which the Commission allocated?
Mr. Odio: I have to check the date, exact date, where the 90 days run out.
Vice Mayor Plummer: All right...
Mr. Odio: I do know this, that we are under... the bankruptcy court has
dictated that by October 7th, we must have a plan presented to the court. If
not, we'll have to start all over again with the court. In the proceedings of
getting Mr. Whittemore out of there, and leave..
Mayor Suarez: Well, will, in fact, the plan be I - resented? And will, in fact,
we have the approval?
Commissioner Alonso: But, Mr. Manager, what happened?
Mr. Odio: Mr.... I'm trying to find... get ay Bailey. I have not had a
chance to talk to him. He was meeting with Faison.
Mayor Suarez: OK, we're going to table tic' item for a few minutes,
Commissioner...
268
September 11, 1991
4
0
Mr. Odio: Let me get him, because I wasn't prepared to discuss this today.
Mayor Suarez: ...Vice Mayor Plummer inquire as soon as we can get a hold of
the assistant city manager.
Vice Mayor Plummer: We will have an answer before this day is out?
Mayor Suarez: Yes.
Mr. Odio: I'll have an answer as soon as he comes down here.
Vice Mayor Plummer: Because my understanding from you, sir, that the first 60
days, they never even made contact with you.
Mr. Odio: They were trying to resolve the issue that held them up in the
first place, which was, are they going to allow to add more dockage in the bay
or not from Dade County. So, like I said, we met with them yesterday. I do
not... I have not had a chance to talk to Herb yet on what happened with
Faison yesterday. We withdrew the item because we were not ready to discuss
it today. But I will give you an update.
Commissioner Alonso: I think it's happening exactly the same thing, nothing.
Mr. Odio: Well, no, they had 90 days.
Vice Mayor Plummer: Well, that's... see, I wa., under the impression we gave
them 90 days or bye, bye. And it's my impression that the 90 days have come
and bye, bye.
Commissioner Alonso: That's right.
Mayor Suarez: Would we just table it for a moment, and try to resolve the
next item.
Vice Mayor Plummer: Well, here's Mr. Bailey.
Mayor Suarez: All right.
Vice Mayor Plummer: Mr. Bailey...
Mayor Suarez: You stalled enough, you filibustered enough to get him to be
here.
Vice Mayor Plummer: The first question I have, sir. This Commission gave 90
days for negotiation. What was the final amen day of the 90 days?
Mr. Herb Bailey: It's the 21st.
Vice Mayor Plummer: Of what?
Mr. Bailey: Of September.
Vice Mayor Plummer: OK, so that amen day has not come and gone.
4-1111
September 11, 1991
Mr. Bailey: It has not come up. We have had a meeting with them. They will
be on the Commission agenda September the 26th. We have a drop dead date with
the court October the 7th.
Vice Mayor Plummer: OK.
Mr. Bailey: And I have a letter...
Mayor Suarez: That's pretty close to the timeta3le we set. But it really is
drop dead date, Herb. I mean, if this is not dote, it's...
Mr. Bailey: I think they're equally as concerned as you are whether or not
they want to continue this, because it's very c)stly to them for legal fees.
They will give us an exact answer on that September 26th. I do have a letter
here that was faxed to me yesterday which we as:ed them to send us as to why
we had to defer the item today. And it's a matter of financing.
Mayor Suarez: OK, there was a quote, as I am told, from the judge in the
case, the federal judge, the bankruptcy judge, to the effect that the City of
Miami, quote, unquote - this is what was told c me in the letter - I don't
know if the rest of the Commission received t. It was from one of the
members of our Waterfront Board - I believe the chairman - wants to cross all
the i s and dot all the is - something that ust.?1ly sounds like a good idea,
I suppose. And waste a lot of time on details, and is being finicky on this,
and the whole thing is being delayed unduly. Toat was the impression of the
quote that I heard.
Mr. Odio: That is not accurate. Whoever made tfe statement is wrong, because
we do have to cross...
Mayor Suarez: Well, I have it in writing so I'I1 submit it to you. But the
point is, I hope that what is meant by that reflected, apparently, the judge's
comments, is not that we are being overly Iegal-stic. We've had a couple of
instances of that today. And in many other cases, and instead, we are trying
to be as attentive to this as we should to get it resolved because we are
approaching the drop dead time. I mean, that's a great quote, I love that
one.
Mr. Odio: Maybe we...
Mayor Suarez: The drop dead moment here.
Mr. Odio: Maybe we should put the letter on rectr•d.
Commissioner Alonso: I was going to say that. What is the content of the
letter?
Mr. Odio: "Dear Herb: As neither myself nor try counsel are available
to appear at this council meeting scheduled for September
11th, 1991, let me apprise you of cur efforts to date. In
hopes of having a clear understanding of the marina's
ability to be grandfathered for e:pansion by this month,
we regret to announce that it's still not a sure thing
with conservationist sentiment mounting everyday in
270 September 11, 1991
f
I
opposition. Additionally, financing cannot be obtained
for this project until such time as we have the necessary
permits and the final agreement between the parties
resolved. I continue to look favorable upon our success
in this venture, and will continue to keep you fully
apprised as to our progress."
Vice Mayor Plummer: Question.
Commissioner Alonso: ....mean permits?
Vice Mayor Plummer: Go ahead. Their permits for expansion of the marina, the
wet spaces, and also the dry.
Mr. Odio: Which is the key issue as far as...
Vice Mayor Plummer: The dry spaces are the key. They make it or break it on
the dry dock, the cubbyholes.
Commissioner Alonso: Didn't they say that they had the financing when they
came to us? -and that was not a problem at all?
Mr. Odio: No, Commissioner, they indicated that they would love to do this
project, but that because of the restrictions on the slips in their marina,
that they didn't think it would be feasible without being grandfathered in.
That's why they asked for the 90 days.
Commissioner Alonso: I'm going to go back and read...
Commissioner Dawkins: Is it a correct statement that if they do not come in
here on the 21st and say that they are going, that we will tell them to go?
Vice Mayor Plummer: Back to North Carolina.
Commissioner Dawkins: Any place. Is that a correct statement?
Mr. Odio: Yes.
Q
Commissioner Dawkins: So we're prepared that if they do not come in and tell
us we don't want it, and they do not have a financial package in place and
ready to go, that we'll just say bye, bye.
Vice Mayor Plummer: Bye, bye, bye.
Commissioner Dawkins: That's general consensus.
Commissioner Alonso: Yes, but let me ask, this is a legal question. Do we
have the power to just start all over again at that point?
Vice Mayor Plummer: That's a problem in the court.
Commissioner Alonso: We have problem with the court.
271 September 11, 1991
Rafael Diaz, Esq.: You do have to go back to the judge, and let him know that
no agreement was reached. And then the judge, at that point, would dismiss
the case and will call you back in the trying to get the other people out of
possession.
Commissioner Alonso: How long will it take before we have, in your
estimation, how long will it take?
Mr. Odio: What I wanted to do, and you and I talked about that, is that by
October 7th, we could have an RFP ready to advertise and see who would bid on
the project. But I've been told we cannot do that until we can legally throw
those people out of there.
Vice Mayor Plummer: Well...
Commissioner Alonso: Do you think so?
Vice Mayor Plummer: No, they'll never do it by October 7th.
Commissioner Alonso: Impossible.
Vice Mayor Plummer: Mr. Manager...
Mr. Odio: You're talking about another...
Commissioner Dawkins: Not legally, not legally throw them out, Mr. Manager.
Vice Mayor Plummer: Mr. Manager...
Mr. Odio: Remove them. Evict them.
Vice Mayor Plummer: Can I remind the Manager that this Commissioner was split
on whether to go out to the private sector or run that marina in-house.
Remember? Matter of fact, at one time you recommended we do it in-house and
showed figures of the monies that this City could derive.
Mr. Odio: Fine. I recommended that we should... yes.
Vice Mayor Plummer: Now, the area that I would like to address is the lack of
facilities to the public in this community. Is there any program that you are
prepared to go to the court with that says to the court, allow us, after you
throw these present awardees out, at least to let us, the City, go in and
operate it for the good of the public.
Mr. Odio: That's exactly what I want to do. The thing is that my friend here
is telling me that you're talking about a year before we get those people out
of there.
Mayor Suarez: No, no, no, no.
Mr. Odio: Yes, yes, yes.
Commissioner Alonso: Then how come are we talking about the bid?
272 September 11, 1991
Mayor Suarez: After the drop dead date, I will...
Mr. Bailey: That's not true...
Mayor Suarez: ...personally ask - wait, wait, Herb - the City Attorney to
monitor it and to ask for the earliest possible court date. And I will go
personally on behalf of this Commission and the administration and ask the
judge to declare that asset not part of the bankrupt estate, and let us move
on with our own property.
Vice Mayor Plummer: But at least let us put our people in there and get the
place opened back up.
Mayor Suarez: Exactly, and I don't think that any bankruptcy judge would take
that much time to do it. And beyond that, I don't imagine any other legal
proceedings.
Commissioner Alonso: But, do you think the 7th, as the City Manager is
talking, will it make sense that we anticipate by October 7th we will be able
to do so?
Vice Mayor Plummer: No.
Mayor Suarez: Well, I can't predict that, because I don't know, of course, if
these people are going to comply with all the requirements. But that's our
deadline.
Commissioner Alonso: No, our deadline is the 21st.
Mayor Suarez: Well, before that, but...
Vice Mayor Plummer: It's our deadline with the court.
Mr. Bailey: I would just like to say to the Commission that the action that
will be taken on October the 7th is a bankruptcy matter. It does not give us
possession of the property. After the bankruptcy has been thrown out, then we
have to go to civil court for take possession. And then it's our property.
But...
Mayor Suarez: That will be done extremely quickly, if the bankruptcy court
doesn't interfere, Herb, you know that.
Mr. Bailey: I don't think they will. We're talking about either 3 to 6
months before we can get possession.
Mayor Suarez: I would bet on two months before we get possession.
Mr. Bailey: We would hope so.
Vice Mayor Plummer: Yes, but isn't it better to go into the bankruptcy court
and say, hey, we, the City, are prepared to take it over and at least get the
facilities back open to the public? Wouldn't that...
273 September 11, 1991
•
Mr. Bailey: That's not the court of possession.
might refer to that.
I think the City Attorney
A. Quinn Jones, Esq.: You're absolutely right, Herb, when you said that it's
not a court of possession. And we're going to be guided by what the
bankruptcy judge dictates there. But in terms of the time frame, regardless
of what happens, if we are fortunate enough to go forward with eviction
proceedings, I think you're looking from anywhere from 3 to perhaps 6 or 7
months, realistically, realistically.
Mayor Suarez: You're trying to be conservative, OK. We're going to do it as
quickly as we possibly can. Please let us monitor that, and we got a good
status report. It sounds like we're coming to a head on this issue by the end
of September.
Commissioner Dawkins: Mr. Mayor, may I...
Commissioner Alonso: Well, I hope this is a good lesson. We have wasted a
lot of taxpayers money.
Mayor Suarez: It's a great lesson.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: May I make a suggestion to the Manager? Mr. Manager,
start preparing, on my behalf, an RFP that says when you put it out for bid,
that if a hotel chain such as the Mariott, comes in and put an all suite hotel
and a marina like the one in Ft. Lauderdale and the one Marriott by the bay,
that we include that in the RFP so that when you get ready to put it out, it's
already prepared and I don't have to go through this.
Vice Mayor Plummer: You only have one problem there.
Commissioner Dawkins: What is it?
Vice Mayor Plummer: The policy taken by this Commission and the guarantee to
the people of Coconut Grove that there would be no commercial ventures on the
south side of Bayshore Drive from Kennedy Park to Peacock Park. And that is
an established policy of this Commission.
Commissioner Dawkins: That could be broken with three votes.
Vice Mayor Plummer: Well, OK, you can break it with three votes...
Commissioner Dawkins: OK, all right, that's all I said. I've been saying it
can be broken with three. You know, it was aii established policy that you
wouldn't put anything on Watson Island and that you wouldn't bring it up until
the money was in place. I mean, hey, we have established policy you break
around here everyday when you want to.
Mr. Odio: What I'd like to do, Commissioner Dawkins, is I asked for a copy of
the Master Plan.
274 September 11, 1991
Commissioner Dawkins: Sir?
Mr. Odio: There is a Master Plan here. Let's look at the Master Plan...
Mayor Suarez: Let's look at the Master Plan. Commissioner Dawkins would like
to...
Commissioner Dawkins: Yes, look at the Master Plan.
Mayor Suarez: ...contemplate the possibility of a presumably low-rise hotel
in conjunction with a marina.
Commissioner Dawkins: That's right, Mr. Mayor.
Mayor Suarez: Nothing wrong with looking at that. And then the one thing we
want to do is make it happen, for God's sakes.
Commissioner Dawkins: That's all.
Mayor Suarez: All right.
Commissioner Dawkins: Thank you, Mr. Mayor.
64. PROHIBIT VEHICULAR ACCESS TO CERTAIN STREETS IN THE MORNINGSIDE
NEIGHBORHOOD AND URGE METROPOLITAN DADE COUNTY TO INSTALL TRAFFIC SIGNS -
AUTHORIZE MANAGER TO SEEK SEALED BIDS FOR CONSTRUCTION OF PERMANENT
BARRICADES AND AWARD CONTRACT(S) - DIRECT PUBLIC WORKS DEPARTMENT TO
CONSTRUCT PERMANENT BARRICADES UPON RECEIPT OF $38,600 FROM MORNINGSIDE
RESIDENTS.
Mayor Suarez: Item 48. Directing the permanent... How many people are here
on item 48? (APPLAUSE) Everybody. You need not...
Commissioner Dawkins: How many here are against 48?
Dr. Luis Prieto: Mr. Mayor.
Mayor Suarez: Yes, Dr. Prieto.
Mr. Prieto: Basically, what is before you today is the final approval of the
barricade plan for the Morningside neighborhood As you know, this plan has
been implemented on a trial basis now for a little over a year. The
neighborhood has met, has had a ballot to see if the plan is finally approved.
And as far as the yesterday, in fact, 10th of September, the ballots read like
this. One hundred and eighty-eight ballots are for the implementation of this
plan B. Eighty-nine ballots voted no, and five ballots were no vote at all.
Basically it's about two-thirds in favor, and ont.-third against, and that's as
it stands today, sir.
275 September 11, 1991
n
Doug Broeker, Esq.: All right.
Mayor Suarez: Counselor, do you want to make a presentation?
Mr. Broeker: Sure. Mr. Mayor and Commissioner Alonso, we are here...
Mayor Suarez: Hopefully, wait. That's very nice of you to make reference to
the two of us. Hopefully, we've got a third.
Mr. Broeker: I think everybody else went to run and hide.
Mayor Suarez: Maybe we take a five minute restroom break or something here.
Maybe we can get our majority. The City Attorney and City Clerk have told us
that if we don't have three of us in the chambers, nothing that we do, other
than giving speeches, has any effect. So, unless Commissioner Alonso and I
can fill up the time...
Commissioner Alonso: I'm ready to vote yes.
Mayor Suarez: OK, all right, we're ready. We got our third. You know, we
have an absolute majority requirement. It's interesting, if only three of us
are present and something fails or passes two to one, it has no effect.
Although we've had one interpretation of the City Attorney that says it does.
But...
Vice Mayor Plummer: Excuse me, sir, I was out doing something that no one
else can do for me.
Commissioner Alonso: That's what we figured.
Mayor Suarez: Don't go beyond that.
Commissioner Alonso: Yes.
Mayor Suarez: We don't need any more description or explanation. Yes?
Commissioner Alonso: Elementary school, you ask for it.
Vice Mayor Plummer: Do I stick up only one hand'
Mr. Broeker: OK. I'm here, happy to be back after two years of study. Two
years ago I was here to say that we were opposed, but we're here tonight, so
called at the altar, for you to solemnize a barricade plan for Morningside. I
must con...
Mayor Suarez: Let me ask, counselor, so I can prepare in case we need to have
a full-fledged debate here or public hearing. Would you raise your hand if
you are in support of the barricades, the permanent barricade plan?
lMr. Broeker: You're talking about plan B as amended.
Mayor Suarez: As you're about to recommend, I presume.
Mr. Broeker: Right, right.
276 September 11, 1991
Mayor Suarez: Would you raise your hand if you are against. OK. Are we
going to hear from the group against, I presume? Do you have a spokesperson?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, but variations, etcetera. OK.. Just so I have an idea how
much time we're going to consume. We do have a budget hearing, and I gather
that you can speak for the group. Right?
Commissioner Alonso: It's not necessarily against, it's just a variation.
Mayor Suarez: Variation, all right.
Mr. Broeker: Let me very briefly explain what we, who used to be opposed, are
agreeing to. Basically, it's a situation where nine streets would be closed,
six streets would be open. We're following very closely in our minds, an
engineering report which is part of your packet, by the Keith Schnarrs firm.
And the conclusions of that report are several. And they may be significant
later, given the hands that were raised. One is the two streets - and I'm
reading from page 12 of that report: "At least two intersections between N.E.
57th Street and N.E. 60th Street, must remain open to allow for left hand
turns into the neighborhood from Biscayne Boulevard." That was one and so we
picked two streets. We voted on 5th Avenue and 58th Streets - or 57th
Streets - and then the next thing is that left turns out of the neighborhood
experience relatively low but acceptable level of service. For that reason,
we picked 52nd Terrace to remain open. And the third thing is, that in order
to provide access to public land, Morningside Park, 55th Terrace should be
left open. We left that open. The final one was the existing signalized
intersection should remain open, that's 50th and 61st. So we embrace this
engineering report. Based on that engineering report, the committee worked
very hard. We've submitted the plan, and so we ask for you to endorse it.
Ms. Margaret Ralph: I just have one thing to say.
Mayor Suarez: Give us name and address, please.
Ms. Ralph: My name is Margaret Ralph, and I live at 424 N.E. 51st Street and
I've been a member of the traffic study committee. And the Moscow
independence was faster and easier than the barricade issue. And we're hoping
that you're going to put down the guards hire and let us put up our
barricades. Thank you.
(APPLAUSE)
Mr. Jeff King: Well, my name is Jeff King.
A couple of months ago, it became obvious to
favor of barricades by a wide margin.
inevitable, I just wanted to ensure that we
addition of a closure at N.E. 57th Street,
seventh Street will still be the entrance to
Avenue one short block away.
I live at 546 N.E. 57th Street.
me that the neighborhood is in
And given that barricades are
had a good plan. I think the
makes the plan better. Fifty -
the north end through N.E. 5th
277 September 11, 1991
Mayor Suarez: Can ,you point that on the... Dr. Prieto, has he says that, can
you point that on the overhead?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: And then what's the avenue that he's referring to that could
provide the entrance? The one that comes at a...
Commissioner Alonso: The next one it's...
Vice Mayor Plummer: Fifth Avenue.
Commissioner Alonso: ...and it provides the same service.
Mayor Suarez: What's wrong with that idea, real quick?
Commissioner Alonso: Nothing. It doesn't change anything.
Mr. Broeker: The engineering report says that two streets need to be left
open between 57th Street and 60th Street inclusive.
Mayor Suarez: But you see, what he's saying...
Commissioner Alonso: In fact, it's open.
Mr. Broeker: OK.
Mayor Suarez: It's like a street being left open, because you've got like an
avenue that comes in at an angle.
Mr. Broeker: What the engineering report was studying was left turns off of
Biscayne Boulevard into Morningside. So the engineers weren't concerned about
whether there would be an apparent duplication, and they would all funnel onto
one or two streets once they got into Morningside. What the engineer
identified in his report was the fact that due to the amount of traffic that
you have coming down Biscayne Boulevard - you're looking southbound on
Biscayne Boulevard - there was not enough room at the light on 61st Street for
cars to get in. And so the engineer identified that with the amount of
traffic, you need two streets left open between 57th Street and 60th Street
inclusive.
Mayor Suarez: And those would be? -under your plan.
Mr. Broeker: Under our plan, it would be 57th Street and 5th Avenue.
Mayor Suarez: Oh, I see, you're calling those streets even though one is a
street and one is an avenue, all right.
Mr. Broeker: Right.
Mayor Suarez: I'm sorry, I interrupt you...
Mr. Broeker: Right. Well, basically what we're looking for, Mayor Suarez, is
we need two openings into the neighborhood.
278 September 11, 1991
Mayor Suarez:
I got you.
I got you, all right. Jeff.
Mr. King: Since that engineering report was made and the first set of
barricades were put in, overall traffic dropped by 55 percent inside the
neighborhood for 24 hour periods. The reduction on every single street was
unforeseen, and it means that the necessity of having two streets open at
Biscayne Boulevard...
Mayor Suarez: Very important fact, not for the northeast folks, but if I may
interrupt you, very important fact for other parts of the City where we've
tried this, specifically Coconut Grove. The barricades there did not, I don't
think, result in a reduction of overall traffic. But because they happen to
be sort of in the middle of the way for commuters, they actually, if anything,
resulted in an increase in traffic in certain streets. And not necessarily
would people stop going through the neighborhood. Here you can see that
anyone who has no particular interest in going in there, or no lawful reason
for, should really continue down Biscayne. And I can see that it has a
totally different effect that it had in the Grove where it became quite a
problem, because it increased... it certainly didn't decrease traffic. Here
you're saying 55 percent drop in traffic within the neighborhood?
Mr. King: Drop, on every street, and I have a compilation of the data.
Mayor Suarez: So the whole system shows that it filters in a more or less
uniform reduction in the neighborhood.
Mr. King: On open streets and closed, the traffic dropped. I asked City
engineers and Mr. Jim Kay told me that the extra closure was all right. And
Mr. Kay reiterated that OK to me several times, including a town hall meeting
earlier this summer. And even yesterday in his office about 2:30 when I
checked with him. Once I had the City approval to the plan, I wanted to find
out if the neighbors agreed. So my wife and I started a little petition drive
to measure the neighborhood opinion. In our one on one contact, we found
widespread support for barricades in general, and widespread support for our
modification. Most residents in favor of the present barricade plan signed
our petition. Not because they were against the present plan - they're not
against it - but because in a show of practical thinking and in
neighborliness, they wanted a superior plan implemented.
Mayor Suarez: Suppose, Dr. Prieto - if I may interrupt you, Jeff - that we
were to implement on a permanent basis, the overall plan and leave open then,
just as a temporary test, the 57th Street. What would that accomplish? -if we
decided to open that and otherwise implement the permanent barricades? Would
that give us another testing of sorts?
Dr. Luis Prieto: Yes, we could do that. The department is willing here -
there was a mistake made by the department and they proffered the closure of
57th against the recommendation of Keith & Schnarrs report. But in further
looking at this matter, the department is not going to object, in the interest
of the harmony here, of closing 57th.
(APPLAUSE)
279
September 11, 1991
Mayor Suarez: But that could be temporary, the 57th. Since we're sure of the
rest of the plan, we could leave 57 temporary and the rest go ahead and
proceed to the permanent.
Mr. Prieto: That is correct, sir.
Mayor Suarez: All right, go ahead and continue.
Mr. King: While we were collecting our petitions, we found that others
against barricades altogether, signed our petition. Because in the interest
of neighborhood unity, they felt that if barricades were going to happen, they
might as well have the best possible plan. The closure of 57th Street is a
good idea. It will discourage prostitution. There was a problem with
circling around that triangular opening with a street open on each side, and
we've seen, because it's an easy way to pull off the boulevard, circle around
the block and come right back open. And it will help cut down traffic on
every street. Now, does this mean, because of our petition, that there's
widespread dissension against barricades? Absolutely not. But I ask that
when you grant the barricade proposal, you close 57th Street, and give us the
best plan possible.
(APPLAUSE)
Mayor Suarez: All right.
Mr. Broeker: Mayor Suarez, if I might, I need to respond to a few of the
things that Mr. King has said. First of all...
Mayor Suarez: Remember that the hypothetical, if we were to go in that
direction, would be implementation of the permanent plan as to all streets
except 57th, which would - let's say - have just a temporary and see what
effect that has.
Mr. Broeker: First of all, I need to say that for those... myself, and many
of us who raised our hands, we're in favor of the plan. We are not in favor
of the plan if this is it. What I said right at the beginning was, we agreed
to a plan with six streets open and nine streets closed. What Mr. King is
proposing is a plan with five street open and ten streets closed. And it's
very significant to us because the most important and the most reiterated
point in the Keith Schnarrs report is the point that two streets must be left
open between 57th and 60th Street inclusive. And I don't know whether Dr.
Prieto was aware that his suggestion that they make a recommendation contrary
to Keith Schnarrs report, is not something that's going to promote harmony in
the neighborhood. What it's going to do is put us back right where we were
before, and all I can say is, we are no longer before you with an agreement,
if Mr. King's plan is on the table. And I should also advise you of a couple
of votes that we had. Fifty-seventh may not be the best street. I didn't
vote for 57th Street. I thought 59th Street should be the street that was
open, and I want you to know that among our committee, that was a very close
vote. It was three to two, with three abstentions, voting for 57th Street
over 59th Street. The second thing I'd like to say is that when we heard that
there were some problems, that Mr. King was preparing a petition, we tried to
have a meeting last week and many of us felt that under the circumstances, if
we can't come before you with an agreement, as was represented to the
280 September 11, 1991
community and as was represented to you, then we shouldn't be here tonight.
And then the third thing is, you sent out a ballot asking the neighborhood
whether they agreed with the plan that involved six streets open and nine
streets closed, and the neighborhood overwhelmingly approved that. If you
want to make a change as critical as this, you have to go with a new ballot,
you have to go with a new experiment, you have to go with a new plan. And
we're back on the drawing board.
Commissioner Dawkins: Mr. Mayor, may I ask...
Mr. Broeker: So I think that you either need to approve this plan the way it
stands and give us the protection that it's going to stay this way. Or if you
want to make a change and switch 59th for 57th, then maybe that's fine. But I
just want to object to you considering along the lines of Mr. King's
suggestion.
Commissioner Dawkins: May I ask a question, Mr. Mayor? You know, we've
been... and now, look, I don't live out there, so I'm voting with whatever you
guys want. I don't live out there. That's the first thing I have to say.
But I would hate to think from listening to your tone of voice and your words,
that in the event that this Commission decided to close 57th, that you would
junk the whole and all the work you put into it. I would
definitely...
(APPLAUSE AND SHOUTING)
Ms. Ralph: And may I comment? We met, our committee... Mr. Mayor and
Commissioners, we met as late as 11:00 o'clock last night trying to have an
addendum to our plan. We would not be before you today with any type of a
negotiated plan if the pro -barricade people did not accept those two streets
being open. We would not be here. We worked for two and -a -half years, and
the only reason that we have a plan is that we had to commit to those two
streets. Whether it was City of Miami Public Works' recommendation or not,
that is something that you also need to know.
Mayor Suarez: Anything further?
Ms. Deborah Mastin: Commissioners, my name is Deborah Mastin. I live at 500
N.E. 55th Terrace.
Mayor Suarez: Fifty....?
Ms. Mastin: Fifty-fifth Terrace, an open street. And it saddens me that
we're not here united. It saddens me that members of our compromise committee
have signed the petition in favor of closing 57th Street in opposition to the
compromise plan which we've worked so hard to maintain. And it saddens me
that members of my neighborhood who I am making my life worse for their
benefit. My street is open, I'm getting their traffic. But they want my life
to be awful, so that theirs can be perfect instead of better. Better is not
good enough, it's got to be perfect. And I'm •eery saddened by that. We're
very close...
Mayor Suarez: Would you otherwise support the p;dn?
281 September 11, 1991
Ms. Mastin: I support the plan as...
Mayor Suarez: I think it's the first time we ever hear from a resident of one
of the open streets that supports any plan for barricades anywhere. And I
thank you for that on behalf of your neighborhood that maybe isn't as
supportive as they should be towards you.
Ms. Mastin: We support the plan with two streets open between 57th and 60th
Street, in accordance with the engineering Etudy. Closing a street on
Biscayne Boulevard is not leaving it open. It's essential to the success of
this plan and it's essential to neighborhood harmony that we have two streets
open between 57th and 60th. The purpose of that in the engineering report, by
the way, was not because of neighborhood traffic. It was because of Biscayne
Boulevard. And there's no evidence that the traffic on Biscayne Boulevard has
decreased as a result of the barricades.
Mayor Suarez: Decreased?
Ms. Mastin: I'm saying, the reason that the engineer required...
Mayor Suarez: No, I don't expect it to decrease as the result of the
barricades.
Ms. Mastin: That's right. The reason that the engineer required two
streets...
Mayor Suarez: Unless people start using helicopters.
Ms. Mastin: ...two streets open between 57th and 60th, was to protect the
traffic flow on Biscayne Boulevard. It was not to protect the neighborhood.
His focus was on how to preserve orderly traffic on the boulevard. And that's
why he required, in his recommendation and his ;.onclusion, that there be two
streets open between 57th and 60th.
Mayor Suarez: Well, but presumably, if the traffic within the neighborhood
has gone down by 55 percent, the traffic in and out of the neighborhood on to
Biscayne Boulevard also has decreased.
Ms. Mastin: There's no evidence to that.
Mayor Suarez: Oh, no, I think that's mathematics. I think that would almost,
you know, if it says that much less traffic within the neighborhood, there's
got to be that much less coming on to Biscayne Boulevard from the
neighborhood. Unless they have some other means of transportation. One of
those cars that turns into a boat or something.
Ms. Mastin: Closing one of the streets between 57th and 60th is a betrayal of
the people who are on open streets, who are opposed to the compromise, and who
supported it.
Mayor Suarez: That's your strongest argument.
Ms. Mastin: Yes, it is.
282 September 11, 1991
�l
Mayor Suarez: It's a very powerful argument.
Mr. Ringo Cayard: Mr. Mayor, I live right on 57th Street, 492 N.E. 57th. If
somebody should complain about closing the street, it should be me, because
they were going to close right in front to of my street. I would have to
drive a little bit farther. On the contrary, I think we should close 57th
Street in order to make...
Mayor Suarez: Most people that are on a particular street want it. If the
whole neighborhood is going to be closed, they want it closed.
Mr. Cayard: Exactly. But, you see, 78 percent of us on 57th Street sign for
closing 57th Street. So, therefore, I think this is the majority of us who
definitely...
Mayor Suarez: No, no, if you give people the option of closing their own
street, almost everybody closes their own street, as long as all the other
ones remain open.
Mr. Cayard: Yes, but you also have to take into consideration that closing
57th Street it's much better for all of us in the long run. That's going to
stop the people to keep on circling around. Because the way it's designed...
Mayor Suarez: Yes, that was stated before, Ringo.
Mr. Cayard: That's right. So, I'm all for it myself.
Mayor Suarez: All right, sir. What do you think of the plan without that?
Mr. Cayard: I think this is just throwing something on the air. I
believe that. You know, 57th Street, when they block it, that's not going to
affect anything. But, you know...
Mr. A. J. Hunter: A.J. Hunter, 499 N.E. 55th Terrace. I live on the corner
of two open streets. I don't...
Mayor Suarez: It's nice to see a fire fighter who lives in the City of Miami.
Mr. Hunter: Right. One of the few.
Commissioner Alonso: Isn't that wonderful. I love it.
(APPLAUSE)
Mr. Hunter: I've been for the plan from the beginning. I'm still for the
plan. Granted, if I had my way, the plan would be a little bit different. I
see a problem with 57th Street. The problem is that it's one street away from
5th Avenue, which only leads to circling. I don't what the solution is. If
the solution is to close 57th Street, and maybe open another street. Or to
close 57th Street and to leave it closed. I don't feel that closing 57th
Street will have much of an effect on my street. My street has always had a
lot of traffic, it always will. It's the main entrance to the park. What I
have noticed is that there's a dramatic decreas! in the amount of traffic on
my street after the hours of midnight, between m'dnight and 6:00 a.m.
283 September 11, 1991
E
I
Mayor Suarez: Apparently that's true for all the streets.
Mr. Hunter: And I think the plan is very good, and I'd like to speak for the
plan. Thank you.
Mayor Suarez: Thank you, fire fighter.
(APPLAUSE)
Mr. Jack Barfield: Yes, good afternoon, my name is Jack Barfield, I reside at
480 N.E. 56th Street. My street happens to be a closed street. I'm between
two open streets as currently portrayed. Having lived in the area since late
162, I have not detected that the opening or closing of 57th Street has made a
whale of a lot of difference as to traffic off of the boulevard. It's very
very difficult to turn left coming south. In fact, it's difficult to turn
left at any of these intersections unless there's a red light. I failed to -
or I chose not to sign this most recent petition for the simple reason that I
saw coming tonight what I've seen tear my neighborhood apart for the last five
years. Without saying anything that could upset the ladies present, I'll just
let you know that I have a strong feeling about, you know. This has got to
come to an end. It's either going to be a fait accompli, we get what we
really need to restrict the traffic flows around the blocks and through the
neighborhood. Nobody likes to talk about hookers, I know this is not exactly
the place where it's appropriate. But we lived with a problem and have lived
with a problem for the last 15 years. Admittedly, since the barricades - I
mean, I've not gone out and take a census, but I drive up and down the
boulevard - and I just don't see quite as many practitioners. And I have to
assume that the circling aspect off the boulevard and making it difficult to
find a spot where you can park...
Vice Mayor Plummer: Practitioners? Is that Prozac users in Lauderdale?
Mr. Barfield: I don't know, I've never had any experience with that
particular medication. But anyway. You know, it just has to come to an end.
You know, win, lose or draw, I didn't sign a petition because I knew what was
going to happen. But I also told this gentleman as he came and looked at me
very very sadly as he walked off, I said, but I agree with you. I just don't
want it to be an issue. We have lived with it just long enough. We need our
barricades. We have the vast majority of us who are in favor of it, and I
cannot understand... You know, the original plan...
Mayor Suarez: Here is an argument, yours is an argument.
Mr. Barfield: ...the original plan was one block north.
Mayor Suarez: Yours is an argument for stability. Let's get whatever is
done, done. I hope that either way we come lout on this, we get something
resolved tonight. OK?
Commissioner Alonso: That's right.
Mr. Barfield: Well, the original barricades, Your Honor, er, Mayor... the
original barricades...
284 September 11, 1991
Mayor Suarez: Your Honor is fine, I'll take that.
Mr. Barfield: Your Honor, whatever.
Mayor Suarez: There's a guy at...
Vice Mayor Plummer: No, no, no, we heard what he said. We heard...
Mr. Barfield: Well, wait a minute, a few moments ago, I heard you called the
emperor. So, you know, we've come down several stages.
Mayor Suarez: There's a guy at the Hyatt that calls me your worship everytime
I... I like that guy, he's British, you know.
Mr. Barfield: But, the original barricades did not...
Vice Mayor Plummer: Calls him queenie, but he don't like that.
Mr. Barfield: ...did not follow this configuration. It was a change from
59th to 57th for reasons which escape me and everybody else that I talked to
in the neighborhood. I'm sure there may have been some good engineering study
that pre... But, you know, gentlemen, lady - er lady and gentlemen - you
know, the time has come for some action. Win, lose, or draw, get off the
dime. Thank you very much.
Mayor Suarez: OK, thank you.
(APPLAUSE)
Mayor Suarez: Next to last speaker and then we have to grapple with this our
own way.
Ms. Amy McClellan: My name is Amy McClellan, I live on N.E. 50th Terrace.
It's one of the open streets. And I'm also a member of the traffic study
committee. I just wanted to correct one figure that was stated about the
decrease in traffic when we had barricades on the streets. There was a
gentleman who said that we had a 50, 55 percent decrease in traffic throughout
the neighborhood. We had semi-diverters, which are semi -barricades, put up
along Biscayne Boulevard for this test. And we had traffic counters put on
some of the streets where we asked for them. Unfortunately, they were not
placed in the right part of the street to count all of the traffic going both
`j ways on those streets. And so the counts are really not reliable. And we
{ weren't happy with them. And to use that figure like that is really not quite
correct. And I'm a member of the committee and I'm familiar with the counts
and how we came about them. And I think that's a very important point to
make. I don't think that figure should be thrown around. We did... I think
it did succeed in cutting down the nighttime circling of traffic. That was
one of the most important results of these semi-diverters. The second point I
want to make again is that this traffic study committee has met for a year
and -a -half to produce this plan. By closing 57th Street, you're abandoning
the plan. And there are going to be problems if that's done. And I support
the compromise proposal as it stands.
ti
285 September 11, 1991
Mayor Suarez: OK, thank you.
Vice Mayor Plummer: Let me ask this question.
Mayor Suarez: Vice Mayor.
Vice Mayor Plummer: Are we talking about... Dr. Prieto - hello? Are we
talking about barricades that, whatever plan is developed and whatever
streets, are we talking about the barricades with boards?
Mr. Prieto: No, sir, these are landscaped barricades with curb and gutter and
they're fully constructed barricades.
Vice Mayor Plummer: Have you been up to - I don't know where they start - to
the north, I know about 73rd or 74th?
Mr. Prieto: Yes, 70, 71st and 72nd we put in barricades.
Vice Mayor Plummer: What has happened up there, doctor?
Mr. Prieto: You mean the cars are parking along the barricades?
Vice Mayor Plummer: No, I'm talking about the barricades that have been
attacked by a Patton tank. I'm talking about the barricades that have
sandbags that have been moved and are back open.
Mr. Prieto: Oh, these temporary barricades, yes.
Vice Mayor Plummer: Are they to become permanent?
Mr. Prieto: No, those aren't permanent. The ones that are permanent are in
Bayshore.
Vice Mayor Plummer: All right, the question then I have to ask is, if we go
to permanent barricades. What about the access of emergency vehicles?
Mr. Prieto: The same as in the Grove. They have to leave some type of
platform so the emergency vehicle can go over, they can landscape but in such
a way that the vehicle can go across.
Vice Mayor Plummer: I ask you again, on Aviation Avenue and 28th Street, that
one intersection in particular, has a coconut tree in the middle of the
asphalt.
Mr. Prieto: Yes, sir, we're...
Vice Mayor Plummer: Is that... what kind of an emergency vehicle can get over
that coconut tree?
Mr. Prieto: I think a Solid Waste truck would handle that.
Commissioner De Yurre: Helicopter.
Vice Mayor Plummer: A Solid Waste truck.
286 September 11, 1991
Mr. Prieto: No, we're working on that, sir, and we hope to get rid of that
tree. We hated to pull it out ourselves, and they've promised to remove it.
But essentially, no trees, even high shrubbery is permitted.
Vice Mayor Plummer: OK.
Mayor Suarez: Yes, let's move on it.
Mr. Broeker: Mr. Mayor, if I might just mention one thing to Commissioner
Dawkins. Mr. Dawkins, I may have been a little upset. It's not because I
want to throw away two years worth of work. It's that I feel that even though
we met till 11:00 o'clock last night and agreed to all support a plan, I see
from the petition and the names that are on it, that some of the people that
were working on our committee and agreed to a plan including all those streets
open, now want to close one. That's upsetting. But I think you have three
options, and all of them are acceptable to me. And I want you to know, I live
on an open street. I want to get this finalized and have a fair barricade
plan for the neighborhood.
Mayor Suarez: Very good. That's good enough.
Mr. Broeker: OK. The three options are, you can either defer this issue and
make us study it some more, but you may know about it enough already. The
second option is, you may say, we voted on a plan, it had six streets open,
57th was one of them. It was endorsed by 70 percent of the neighborhood.
That's exactly what you're going to do. Or the third, if you're sympathetic
to what Mr. King says, I would ask you that if you're going to close his
street, you should open up one of the others so that you stay in conformance
with this engineering report.
Commissioner Alonso: This will create problems.
Mayor Suarez: We...
Mr. Broeker: And I would suggest to you...
Mayor Suarez: ...are...
Mr. Broeker: ...that if you open 59th and closa 57th, that is acceptable to
me and it's acceptable to everyone else that is...
Mayor Suarez: Please, please...
Mr. Broeker: ...an original opponent to barricades. Ti;ese folks want more
streets closed. That's not the compromise. We're here on a compromise.
Commissioner Alonso: I think we should move to approve the plan as accepted
by the community, and I so move.
(APPLAUSE)
Mayor Suarez: So moved. This never seems to end. I've tried to close debate
a couple of times. I've asked for you to come forward, or at least implied
i
287 September 11, 1991
i
that you could come forward. I don't see what you could possibly add to the
discussion. If you want to state your name and a very brief statement as to
your position, we will hear it, because I don't know any way of preventing
you. But really, this has just gone far afield. Quickly.
Mr. John B. McCaughan: My name is John McCaughan, I live at 5929 N.E. 6th
Court...
Mayor Suarez: I did have your request to speak.
Mr. McCaughan: ...and 57th is not the only street with a problem. There is
N.E. 6th Court also has a problem. I've moved the pencils on the map. You
can see where that is. The original plan was to have the barricade at the end
of N.E. 6th Court. It was moved from there out to Biscayne Boulevard. That
means that included in our neighborhood, is commercial property. I don't know
if we want to do that. Whether we want to have a commercial neighborhood, or
a single family neighborhood. I brought you a couple of pictures of the
commercial property three houses away from my house. The original plan was
not to include that. I don't see why that change was made. I don't know that
it's a good idea to have apartment buildings locked into our neighborhood. We
have a lot of crime. I, myself, have chased two criminals down into those
apartment buildings. When those people have to go south to work, they have to
drive entirely through our neighborhood. When they go to the Publix
supermarket, they have to drive entirely through our neighborhood. This is
not a single family dwelling. This is apartment building. This is zoned
commercial. They can put up more apartment buildings. I don't think we want
it in our neighborhood. I don't think we want the traffic from there in our
neighborhood.
Vice Mayor Plummer: What he's saying it's com .iercial by virtue of being an
apartment house.
Mayor Suarez: OK. Thank you.
Mr. Neil Robertson: Mr. Mayor, I did not plan on speaking except I need to
respond to the comments that were made. My name is...
Mayor Suarez: That may or may not be helpful to your cause, but go ahead.
Mr. Robertson: My name is Neil Robertson. I live at 5991 N.E. 6th Court.
I'm also on that street as well. The people across the street are immediately
across the street from me because I am on the corner. I have dealt with those
people on numerous occasions, I have never haj a problem with the people
across there. The people across the street s(nd their children to Cushman
School. Children across the street come ove- and ask to visit with my
daughter and I was going to bring her up as a /isual aide but, in any case,
they are decent human beings, and I don't think they should be excluded from
the protections that this plan offers. Those people do not drive through
Morningside to leave. What they do, those few that park on that south side,
because the major building there has parking on the north side, but the ones
that park on the south side, go around the bloc.► and out at the light at 61st
Street. They simply don't go through the neighborhood to come and go. In
addition to that, you have the edge of the historic district abuts that
288 September 11, 1991
street. Beyond that is not the historic district. But if you open up 60th
Street, you endanger a portion of your historic district. I happen to have
enough land on that corner property that I can build an apartment building if
I got the appropriate zoning and it wouldn't be difficult for some owner after
me to do that. And then there would be an apartment building inside what he
is proposing for a change of barricades. We n:!ed to bring that side of the
street up, not write it off. Those are decent human beings over there. I
have neighbor, Mr. Harms across the street from me, who maintains his property
in a fashion that I can only dream of maintaining my property. But if this is
lost, he is not going to be able to hold out tnere. We have people on the
corner from me at the other end are in the same situation, and I ask you
simply don't do that to those people that i,ren't even here to protect
themselves, because they thought they were prott!cted by the plan. There has
never been a barricade at 6th Court, the experitrants have always been on 60th
at the Boulevard.
Vice Mayor Plummer: Can I ask a question? No, not of you. Dr. Prieto, is
and I am asking this question, is there maybe an area of compromise on NE 57th
Street, rather than barricading that street of miking it from NE 5th Avenue to
the boulevard one way east...
Dr. Prieto: OK.
Vice Mayor Plummer: ... I'm gust asking, would that be a possible compromise
that does give the protection, in my estimatioi, would eliminate the circle
that is being complained about? You are not barricading the street, you are
leaving the street open where people can exit by there and I am asking, would
that be possibly a compromise that you still would have your plan of six
streets open, nine streets closed, the only difference would be that that one
street would be a one-way street east, I'm sorry, west for exit on to the
boulevard? I don't know that that would work but I am saying that I think
it's a possible compromise to try to help everybody out.
Dr. Prieto: Can I understand what you're saying is adopt...
Vice Mayor Plummer: From NE 5th Avenue...
Dr. Prieto: Right.
Vice Mayor Plummer: ... on 57th Street.
Dr. Prieto: But what you are saying is, first., adopt the resolution as it
stands with plan "B" unaltered, and then as a s.!parate issue is perhaps, have
this temporary plan of having traffic only going west from 5th Avenue to
Biscayne Boulevard as a trial basis. Would you...?
Vice Mayor Plummer: One-way going west.
Dr. Prieto: West, yes.
Vice Mayor Plummer: Well, if you want to make it a trial or whatever it might
be...
Mr. Rick Katz: Mr. Mayor, if I could comment phase.
Z89 September 11, 1991
Dr. Prieto: So we don't change the resolution, that's basically it.
Vice Mayor Plummer: Well, you know, fine. You can do that as a second
resolution if it would compromise all of the people's concerns.
Mayor Suarez: Are you saying that... his question is, not that it can be
done, obviously, it can be done, we can move it. Does it make sense?
Dr. Prieto: It makes sense, yes. It would resolve...
Mayor Suarez: Does that improve the consensus here in any way technically
speaking?
Dr. Prieto: Technically, it makes sense and we would be very happy to do
that.
Vice Mayor Plummer: Well, let's ask the people that are on this side. What
do you find wrong with that?
Mr. Katz: Mr. Mayor, for the record my name is Rick Katz, I reside at 600 NE
52nd Terrace. I am one of eight people who served for nearly two years on
that committee. I am the only person on the committee who voted against the
plan that was put forth to the community because I was greatly concerned, not
with the streets that were being closed, but with the streets that are being
left opened. And I felt that we should address the problems that we were
going to impose on the rest of those streets. I happen to live on one of
those streets and I am concerned. Last night, we had an important meeting of
the task force, representatives of both sides, full committee in attendance.
We agreed last night to recommend and I joined the group on that, to recommend
that you adopt the plan we put forth and therefore, in support of Ms. Alonso's
motion, that you add to it, a charge back to the community that this committee
remain intact and that the committee supervise the implementation of this and
therefore deal with whatever problems arise thereafter. We know this will not
solve all the problems. Whatever you do tonight will not solve all the
problems of the neighborhood. We need to stay together, observe what's taking
place, see what we've done that was in error ind what we've done, that was
right, we may want to come back to you and say, we made a mistake and we want
to change the curve of a street.
Mayor Suarez: What about Vice Mayor Plummer's idea of making that stretch of
57th one-way going west?
Mr. Katz: Mr. Mayor, at this point, I would ha%e to say that we are strongly
in support of the plan that was endorsed by nearly seventy percent of the
neighborhood. Any changes in that would mear, we should go back to the
neighborhood. We know we want to come back. My street wants to come back.
Mayor Suarez: OK. Anything further? We've got to vote on this folks. We've
got our tax hearings to handle today. Quickly, :,ir.
Mr. Al Catasus: Mr. Mayor, very quickly, my name: is Al Catasus, I live at 567
NE 57th Street. I just want to point out briefly that we are asking for 57th
Street to be closed off at the boulevard, it's very important. If you see
290 September 11, 1991
what's happening there is if you close it off at the boulevard, 57th Street
still remains one of the main entrances from the boulevard to the north of the
neighborhood. Nobody on 57th Street as a general issue really wants it closed
off and isolated. So it's very important that you realize that we want it
closed off at the boulevard. And 57th Street is still an entrance, it's still
open, we are not asking actually to close 57th Street, it's just that we want
it closed off at the boulevard to discourage boulevard traffic. Personally, I
myself, and a lot of other people like neighborhood traffic going in front of
our house for various reasons - whether you're s•)cial, or whether you like you
know, for people to keep an eye on your house. But it's very important that
you realize that 57th Street still remains oper with it being closed at the
boulevard. And as a matter of fact, it would be one of the main entrances.
Thank you, very much.
Mayor Suarez: Thank you. That's it? Last statement.
Mr. Katz: If I could respond...?
Mayor Suarez: Wait, no, no, please. We've heard... yes.
Mr. Efrain Penagos: I'd just like to give this message. I live in 56th
Street...
Mayor Suarez: Name please.
Mr. Penagos: Efrain Penagos, 621 NE 56th Street. I am an architect designer,
urban designer and I am aware of all the ins and outs of pretty much all the
neighborhoods around. I'd just like you t-) take note of this. The
neighborhood is pretty concerned about the situation right now with crime,
thefts, burglaries, I had two in my home la:t month. The best for the
neighborhood is to implement what's already on and make any changes or
addendum following anything that has been negotiated. I don't know what kind
of work has been going on for the last two years. I go back and forth from
South America to here. I am stationed in South America, but I am aware, I am
an owner for twenty-five, twenty-six year there, and I know what's been going
on to know what I am saying. So the only thing I'd like to just say is, I am
glad that everything has been going on as wel; as it is. I hope it gets
better, and I am not going to say anything else, maybe, I can help something
out with any of the committee. Thank you.
Mayor Suarez: Very good. Sounds like they need your help as an architect.
Mr. Broeker: If I could just answer Commissioner Plummer... Vice Mayor
Plummer from the antibarricade... former antibarricade side...
Mayor Suarez: From the former antibarricade sid:, no, no, no. You answer any
questions from your current present side, if at ill.
Mr. Broeker: OK.
Mayor Suarez: If not, you go take a seat and we can...
(Applause)
291 September 11, 1991
Mr. Broeker: I had a chance to...
Mayor Suarez: From the former antibarricade side, I love that.
Mr. Broeker: I had a chance to caucus with the other three members who were
appointed from one direction to this committee that has worked so hard, and we
agreed with what Rick Katz says, that it does require further study, and as
far as what the other gentleman said on 57th Street, that logic, if you closed
every street at the boulevard, all the streets would still be opened.
Mayor Suarez: We don't have rebuttals. You were trying to answer a question
from Vice Mayor Plummer.
Mr. Broeker: OK.
Mayor Suarez: OK. Commissioners, what's your pleasure here?
Commissioner Alonso: I have a motion.
Mayor Suarez: We've got a motion and a second, do we not, Madam City Clerk?
Commissioner Alonso: I made a motion and...
Vice Mayor Plummer: Mr. Mayor, I'll second the motion.
Ms. Matty Hirai: A motion by Commissioner Alonso. We need a second, Mr.
Mayor.
Vice Mayor Plummer: Let me te11 you why. I want to tell you in spite of my
vote in the affirmative, I am totally opposed to barricades. OK? I think it
doesn't speak highly of our community. I think that we are trying to hide
behind walls, but I have to say, sitting here, that a process has been
followed, I am accepting Doctor, that what I have been told that this is what
seventy percent of that neighborhood wants. We are a country that rules by
majority. I would hope that in fact, Mr. Katz, I am going to hold you
personally responsible because you were the loud mouth tonight. That if in
fact sir, that the monitoring by the neighborhood does in fact show the
changes are necessary for the convenience of al , that you sir, will lead the
charge back down here to City Hall to say, hey, -.:e need more consideration.
Mr. Katz: With the help of my friends, I will guarantee you that.
Vice Mayor Plummer: All right, sir.
Mayor Suarez: Moved and second. Any further di:icussion from the Commission?
Vice Mayor Plummer: The only question I have remaining, who is paying for it?
Unidentified Speaker: Katz.
Mayor Suarez: Please, please, please.
Dr. Prieto: It's in the resolution, sir. It's taken care of. They pay for
it.
292 September 11, 1991
i
Vice Mayor Plummer: Then who is paying for it?
Dr. Prieto: The neighbors pay for it.
Commissioner Alonso: The neighbors.
Vice Mayor Plummer: They are paying for it?
Dr. Prieto: Yes.
Vice Mayor Plummer: No coconut trees in the middle of the asphalt.
Dr. Prieto: No, sir.
Ms. Ralph: Mr. Plummer, at this time, I wish I spoke French. But we've
already said we would pay for the barricades and we've raised today, sixteen
thousand dollars ($16,000) toward that end.
Mayor Suarez: It's "not a tax" situation, don't even compare it to a tax.
People voluntarily contribute. Mandatory, voluntarily, contribute. All
right. We have a motion and a second. Any further discussion? If not,
please call the roll.
Vice Mayor Plummer: Yes, I seconded the motion.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-667
A RESOLUTION, WITH ATTACHMENTS, MAKING FINDINGS, AND
DIRECTING THE PERMANENT PROHIBITION OF VEHICULAR
ACCESS TO CERTAIN STREETS AND URGING METROPOLITAN DADE
COUNTY TO TAKE STEPS WHICH WIL., RESULT IN THE
PERMANENT INSTALLATION OF TRAFFI' SIGNS IN THE
MORNINGSIDE NEIGHBORHOOD IN THE CITY OF MIAMI,
FLORIDA, IN ACCORDANCE WITH AMENDED PLAN "B" - ,
PROVIDED THAT THE CONDITIONS CONTAINED WITHIN THIS
RESOLUTION ARE MET; FURTHER AUTHORIZING THE CITY
MANAGER TO ADVERTISE FOR FORMAL COMPETITIVE SEALED
BIDS FOR THE CONSTRUCTION OF THE PERMANENT BARRICADES
AND AWARD THE CONSTRUCTION CONTRACTS) TO THE LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER )R TO DIRECT THE
PUBLIC WORKS DEPARTMENT FORCES AND PERSONNEL TO
CONSTRUCT THE PERMANENT BARRICADES UPON RECEIPT OF THE
THIRTY EIGHT THOUSAND SIX HUNDRED DOLLAR ($38,600)
CASHIER'S CHECK FROM THE RESIDENTS GF THE MORNINGSIDE
NEIGHBORHOOD.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
293 September 11, 1991
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:
Commissioner Dawkins: I have said from the very beginning, I am anti
barricades, but when I voted for the first one and it passed, I assured
anybody else who wanted one, they can have one, I vote yes.
Commissioner De Yurre: Well, I don't think I've ever voted for one, but when
you have seventy percent favoring it, and there has been a process then, I
feel overwhelmed by that, so I vote yes.
COMMENTS MADE AFTER ROLL CALL:
(Applause)
Commissioner Alonso: Finally.
Ms. Ralph: Our sincere thanks to the Commission and the Public Works. Thank
you.
Mayor Suarez: No thank, just make it work. Ant. try to convince the ones who
are doubters and who are against that it can .ictually work and improve the
neighborhood.
------------------------------------------------------------------------------
65. (A) NOMINATE RANDI TRAZENFELD, TONY MARINA AND GEORGE KNOX TO THE
DOWNTOWN DEVELOPMENT AUTHORITY BOARD.
(B) APPOINT INDIVIDUAL TO MIAMI SPOR"S AND EXHIBITION AUTHORITY
(Appointed was : Jose Cancela).
-------------------------------------------------------------------------------
Mayor Suarez: Confirming Resolution number 91-468 for the Downtown Assessment
District for the Flagler/Core Area Security District Special Improvement
District. From the administration, could we have a little help in clearing
the chambers, easing people out?
Vice Mayor Plummer: Here is Matthew Schwartz. Mr. Schwartz.
Mr. Matthew Schwartz: Yes, sir.
294 September 11, 1991
Vice Mayor Plummer: Why isn't the appointments to the DDA (Downtown
Development Authority) as directed by this Commission on this agenda?
Mr. Schwartz: Commissioner, a month... last month we sent a memo to the
Commissioners informing them that the DDA Board was not going...
Mayor Suarez: Wait a minute, Matthew. Mr. Manager, can we get a little help
in clearing the chambers? Kind of just sort of ease them out. They can have
their discussion outside. Thank you.
Mr. Schwartz: The DDA Board wanted to complete the interview process. The
DDA board meeting, there was not a quorum during the summer in August to have
a full board meeting, and the executive committee directed that we wait until
October 3rd. The DDA board will meet on the 20th.
Vice Mayor Plummer: Did you explain to them the direction of this Commission?
Mr. Schwartz: We indicated the urgency felt by %.he City Commission.
Vice Mayor Plummer: No, no, no. It was the urgency felt, we directed you to
have them here today. Now I want to know why. You know, I am embarrassed
that the person that I am nominating continuously calls and says, when? Now
how long have those vacancies been vacant?
Mayor Suarez: Who is the person that you are noninating?
Vice Mayor Plummer: What?
Mayor Suarez: Who is the person you are nominating?
Vice Mayor Plummer: I have two.
Commissioner Dawkins: Nominated MANANA.
Mr. Schwartz: Commissioner, it's Randi Tranzenfyld?
Vice Mayor Plummer: That's one.
Mr. Schwartz: And that was... the board hat, approved that. They were
waiting... they want to bring the who package. The direction was the whole
package of the seven appointments at once.
Vice Mayor Plummer: The other one is the resignction of Mikki Canton, who was
also mine.
Mayor Suarez: If, Matthew, the Commissioner very much wants to make his
appointments, why don't we just take five or six, or whatever number we can
take?
Mr. Schwartz: There have been six that have already been approved by the
board.
Mayor Suarez: Right.
295 September 11, 1991
Mr. Schwartz: It was the seventh...
Vice Mayor Plummer: Well, why can't I do those today?
Mr. Schwartz: I believe that... yes, sir, you would have the authority to
do
that.
Commissioner Alonso: Who are they? You have the names?
Mr. Schwartz: Yes, it would be...
Mayor Suarez: Who are the six?
Mr. Schwartz: The six that...
Vice Mayor Plummer: No, give me my two, please.
Mayor Suarez: Are his two included in those six?
Vice Mayor Plummer: Both of mine have been approved. Is that correct?
Mr. Schwartz: Commissioner, Randi... the ones that were approved by the board
are Randi Tranzenfeld, which was your nomination.
Vice Mayor Plummer: Right.
Mr. Schwartz: Commissioner Alonso had recommended George Knox, which
was
approved by the board.
Vice Mayor Plummer: Fine.
x Mr. Schwartz: The Mayor had recommended Guy Sanchez, which was...
Vice Mayor Plummer: Fine.
Mr. Schwartz: ... and the board had reviewed the reappointment of three
of
- the board members, Phil Yaffa....
Vice Mayor Plummer: Not fine.
} Mr. Schwartz: ... Larry Kahn...
Vice Mayor Plummer: Sir, I am not getting into personalities. I am going
to
make my appointments. Now Randi is one and I proffer that name, and
the
second one I make is Tony Marina. And Mr. Mayor, I so move.
a
Commissioner Alonso: Mine too.
Vice Mayor Plummer: Yours, fine.
F
3
a Commissioner Alonso: Yes. George Knox.
-� Vice Mayor Plummer: Now, enough.
296 September 11, 1991
n
E
Commissioner Dawkins: Is enough.
Mayor Suarez: So moved as to those two.
Vice Mayor Plummer: Those three.
Mayor Suarez: Those three.
Vice Mayor Plummer: What about... you want to include yours?
Mayor Suarez: I don't care.
Commissioner Alonso: Don't...
Mayor Suarez: I do not care. I want to comply with this Commission's
request. It seems like the DDA appointments are holding up important matters
here related to the budget, and that's what we OLght to do.
Commissioner Alonso: So he nominated, I second.
Mayor Suarez: Right.
Commissioner Alonso: Call the roll. That's all.
Mayor Suarez: As to those nominations, we'll take the Commission's...
Vice Mayor Plummer: But yours have been approved is what I am saying.
Commissioner Alonso: Yes, but...
Vice Mayor Plummer: Do you want to include it?
Commissioner Alonso: ... he is not excited abou-; that.
Mr. Schwartz: Commissioner, according to the City...
Mayor Suarez: I just plan to get a good board, you know, that's all.
Mr. Schwartz: Commissioner, excuse me.
Vice Mayor Plummer: Excuse me?
Commissioner Dawkins: J.L. has two, who are my two? Beg pardon?
Mr. Doran Jason: Excuse me, my name is Doran Jason, I am vice chairman of the
DDA board. The reason they haven't been brought back is because they haven't
all been approved. And it doesn't seem as though it's fair to all of you to
talk about one when the others have not yet been approved. The summer...
Commissioner Dawkins: Well, who are my two?
Vice Mayor Plummer: Doran.
297 September 11, 1991
Mr. Jason: Let me finish for a second, please. The summer months were months
when we didn't have a quorum and we were unable to bring these people through
and get them approved. You may laugh at that, b-it that is the case.
Vice Mayor Plummer: I laugh at the fact that you didn't have a quorum is
because you've got six vacancies.
Mr. Jason: No, that's not true. We have... our quorum is based on a number
on the board at the time, not necessarily on the number of vacancies. So, the
number for a quorum goes down at the same time when there are vacancies. We
need less for a quorum if there are six vacancies. But we didn't get that
done, Some of them haven't been approved - one of yours hasn't been approved
yet.
Vice Mayor Plummer: Who?
Mr. Jason: Which one now, Mat?
Mr. Schwartz: I believe Commissioner Plummer has... Tony Marina.
Mr. Jason: So, we wanted to bring them all back.
Vice Mayor Plummer: I was told by you that it was already approved.
Mr. Jason: We want to bring them all back at one time. That's what we are
trying to do.
Commissioner Alonso: I understood that too.
Vice Mayor Plummer: What?
Commissioner Alonso: I understood that it had been approved.
Mr. Jason: They haven't been before the board yet. Now, if you want to try
to approve them in part, then we can do that, out it would seems to me the
best thing to do, is bring them back - we are planning to have them back here
on the 3rd, it seems to me, that's a fair way to do it.
Mayor Suarez: Wait, wait, let me check one thing. Who is your other nominee,
J.L. besides the one that the board...?
Vice Mayor Plummer: Randi Tranz...
Mr. Schwartz: Trazenfeld.
Vice Mayor Plummer: I can't...
Mayor Suarez: And who is the other one?
Vice Mayor Plummer: Tony Marina.
Commissioner Dawkins: J.L. got two, who is my two?
298 September 11, 1991
Vice Mayor Plummer: No, you have one. I have two by virtue of fact that one
of mine resigned.
Commissioner Dawkins: Well, I've got two... well, I've got one and who is the
one that's on there that belong to me?
Vice Mayor Plummer: I can't answer that.
Mayor Suarez: Probably, Doug McKinnan, I think, I don't know.
Mr. Jason: I have no idea. But, we will find that out if you want to know.
Mr. Schwartz: It's Raphael Kapustin and...
Commissioner Dawkins: No, ain't no Raphael Kapustin belong to me. No way,
Jose.
Vice Mayor Plummer: Well, I'll tell you what. Hey, let me tell you
something, you know, I learned a long time ago...
Commissioner Dawkins: It maybe, Brown or Smith or Jones, not, no whatever
that is.
Vice Mayor Plummer: You want to force the issue? Mr. Mayor, I move at this
time that the DDA budget not be considered until such time as the appointments
are considered.
Commissioner Dawkins: Second the motion.
Vice Mayor Plummer: You know, that's the way I got to force you.
Mayor Suarez: Moved and second.
Mr. Jason: J.L., I think that I gave you...
Commissioner Dawkins: Second the motion, shut up.
Mr. Jason: ... reasons for why thing haven't been done.
Commissioner Dawkins: Because you're selling buff tickets, you didn't intend
for us to know.
Mr. Jason: Now, you can say that we should have: a quorum there, but we can't
force it.
Vice Mayor Plummer: Doran.
Mr. Jason: A lot of these people are your appointments.
Vice Mayor Plummer: Doran, my dear friend, we instructed this man back in
July to have it before this Commission at this neeting. Whatever it took him
to do, to do it, he should have done it.
299 September 11, 1991
Commissioner Dawkins: There has been a motion and properly made and second,
Mr. Mayor.
Vice Mayor Plummer: His replacement will do it.
Mayor Suarez: He is arguing the motion.
Commissioner Dawkins: Mr. Mayor, a motion properly made and second...
Mayor Suarez: It's not the world most coherent argument, but then, it's an
argument.
Vice Mayor Plummer: Hey, I'm just... I am embarrassed because let me tell you
something...
Commissioner Dawkins: Either withdraw your motion or call the question.
Vice Mayor Plummer: Do whatever you want.
Mayor Suarez: The item before us...
Commissioner Alonso: Can we find some sort of agreement...
Mr. Jason: There is an agreement.
Vice Mayor Plummer: I've tried.
Commissioner Alonso: ... in light that we have very important issues...
Mr. Jason: You're right.
Commissioner Alonso: ... in front of us and perhaps if we think of this a
little bit, we might even arrive to a reasonable conclusion.
Mr. Jason: We've already asked for that. We said we are going to bring them
all back by the 3rd. This month at our board meeting, whatever one have not
been approved, will be approved.
Mayor Suarez: And we can also ease a few people out who have not been coming
to all the meetings, so we can make space for your additional.
Vice Mayor Plummer: Well, how about this? Let roe try this on for size.
Mayor Suarez: But it take a little while, we have to make sure that they, you
know.
Vice Mayor Plummer: How about, of the three names that have been proffered,
that we approve them subject to your approval?
Mayor Suarez: All right, that will work legally.
Vice Mayor Plummer: And God help you if you don-t.
Mayor Suarez: OK. With that particular...
300 September 11, 1991
0
11
Mr. Jason: We'll just take it up and see what happens. You know, there is
board there, we will let them make their decision.
Mayor Suarez: ... exclamation.
Vice Mayor Plummer: OK.
Mayor Suarez: So moved and seconded.
Vice Mayor Plummer: I move then that we approve the three names for Randi,
Tony and George, subject to their board's approval.
- Mayor Suarez: So moved and seconded. Any further discussion?
Commissioner Dawkins: Why you're withdrawing your motion?
i
Mayor Suarez: I presume you are withdrawing the other motion?
Vice Mayor Plummer: NO SE NADA.
Mayor Suarez: All right, so we have the record clear, the present motion
would replace the prior motion. Call the roll.
Commissioner De Yurre: No, wait, hold...
Mayor Suarez: Wait, Commissioner De Yurre.
Commissioner De Yurre: Let me ask you this. Who else... how many
appointments do we have each here of those six that we are talking about? Who
has got what?
Mr. Schwartz: The way the DDA board is based on the City charter, each of the
Commissioners have by tradition, have two appointments to the DDA board that
they recommend to the DDA board, the DDA board then recommends it back to the
Commission. The other nominees... there are...
Mayor Suarez: Yes, I remembered. There were twenty-one members in the
original composition. None of whom were particularly appointed by this
Commission and we expanded it to twenty-nine and gave two to each of the four
Commissioner other than the Mayor.
Vice Mayor Plummer: Correct.
Mayor Suarez: So you each are entitled to at least two. I guarantee each of
you that you have at least two recommended appointments on there now.
Commissioner De Yurre: I don't think so. What are my two?
Commissioner Alonso: No.
Mayor Suarez: You should. If you don't, then wr have a problem.
Vice Mayor Plummer: I have none at the present ;ime.
301 September 11, 1991
•
Mr. Schwartz: Commissioner De Yurre, it's Luly Landis and Adolfo Henriques.
Commissioner De Yurre: OK. Now when do their terms come up that I can change
them if I so desire?
Mr. Schwartz: I don't have it with me right now, I can...
Commissioner De Yurre: OK. You know, I think there is a little problem that
we are never advised of when their terms are ur if we want to make changes.
They are kind of automatically renewed.
Mr. Jason: But I don't think... I would have to ask the City Attorney's
office. I don't think necessarily that's exactly the way it's spelled out in
the charter. It seem to me that when somebody is appointed, if they want to
stay on the board for another term, it's their...
Mayor Suarez: It's almost a practice to try to reappointment.
Mr. Jason: It's their prerogative to stay, we don't take them off.
Commissioner De Yurre: Well, but you know, if the Commissioner that
recommends him to be appointed would have a change a heart, he would like to
have somebody else there, then you know, he has got to have that choice.
Mr. Jason: I think it may take a change in the way the charter is written up.
I'm not sure, but.
Mayor Suarez: There are a few that have been on there for ever and ever and
ever.
Commissioner De Yurre: No, no. The additional ten that you know, that came
on board, or that this... was not by charter.
Vice Mayor Plummer: But I think when their term is up, they have to come back
to be reapproved before this Commission.
Commissioner Alonso: Oh yes.
Mr. Jason: They do.
Mayor Suarez: They do have to be reapproved.
Mr. Quinn Jones: The way it's clarified, if their term is up, Commissioner
Plummer is absolutely right, they have to come hack here for conformation for
reappointment.
Vice Mayor Plummer: Just as if they were new appointees.
Mayor Suarez: They almost always are is the problem, so they don't leave. We
have a few that have been there for ever and ever that who knows who appointed
them in the first instance that could be eased cut too. I can guarantee you,
by the next regular meeting, by the time this motion comes back after we make
it and the board tries to act on it, that each of you will have been consulted
302 September 11, 1991
as to your two appointees and that your two appointees will in fact be on the
board, or will otherwise be ready for your action on October 3rd. How's that?
Mr. Jason That's right.
Mr. Jones: That's correct.
Commissioner De Yurre: I'm with you.
Vice Mayor Plummer: All right. So, is the motion in order then? You accept
the motion?
Mayor Suarez: Yes.
Vice Mayor Plummer: That this Commission...
Mr. Jason: You all know better what the legalities are. I don't know whether
you can do it before or after.
Mayor Suarez: Those three are...
Vice Mayor Plummer: All right, then I make a motion at this time that this
Commission recommends or approves Randi...
Mr. Schwartz: Trazenfeld.
Vice Mayor Plummer: ... Trazenfeld.
Mayor Suarez: You should at least know names of your own appointees, you
know.
Vice Mayor Plummer: No, she just... Mr. Mayor, she is a brilliant young lady
who made the mistake of just getting married. I know it's Randi Retina, but I
can't pronounce her...
Mayor Suarez: Randi Retina Trazenfeld.
Vice Mayor Plummer: Right.
Mayor Suarez: All right.
Vice Mayor Plummer: And Tony Marina and George Knox be...
Mayor Suarez: We got..
Vice Mayor Plummer: OK?
Mayor Suarez: ... Tony Marina, Miami Marina, Dirner Key Marina.
Commissioner Dawkins: Seconded.
Mayor Suarez: Moved and second. Any further discussion? If not, please call
the roll. And understanding Commissioners, I'il make a pledge to you that by
the October meeting when we hopefully complete this process, each of you will
303 September 11, 1991
_ have been consulted as to your two appointees and we will make room on the DDA
board by asking a few people to resign. Otherwise... for each of your two
appointees. OK? Call the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-668
A MOTION NOMINATING RANDI TRAZENFELD, TONY MARINA AND
GEORGE KNOX TO THE DOWNTOWN DEVELOPMENT AUTHORITY
BOARD, FOR CONFIRMATION BY SAID BOARL.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: Mayor Suarez, may I at this time now...
Mayor Suarez: Yes, Vice Mayor.
Vice Mayor Plummer: ... make my appointment, tecause of the moving of Tony
Marina from the Sports Authority to the DDA, I now have a vacancy on DDA and I
would like to proffer the name...
Commissioner De Yurre: The Sports Authority.
Vice Mayor Plummer: The Sports Authority, I'm ,orry, the Sports Authority of
Jose Cancela. I so move.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion on that appointment? If not, please
call the roll.
304 September 11, 1991
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-669
A MOTION APPOINTING JOSE CANCELA TO THE CITY OF MIAMI
SPORTS AND EXHIBITION AUTHORITY.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Commissioner De Yurre: All this effective upon Tony Marina being accepted by
the direct...
Commissioner Dawkins: He is already accepted.
Vice Mayor Plummer: He is already accepted.
Commissioner De Yurre: No.
I
Mayor Suarez: Or resigning from the Sports Authcrity, which ever comes first.
Vice Mayor Plummer: Correct.
Commissioner De Yurre: OK.
Mayor Suarez: And the other one will be automat)c, I suppose.
Vice Mayor Plummer: I withdraw my other motion. At least we will hear their
budget before we defeat it.
4
i
305 September 11, 1991
66. ESTABLISH SPECIAL ASSESSMENT DISTRICT FOR ONE YEAR TO BE KNOWN AS THE
FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT
EXPANSION DISTRICT (CONFIRMING RESOLUTION 91-468) - LEVY SPECIAL
ASSESSMENTS.
------------------------------------------------------------------------------
Mayor Suarez: OK. On item 49 however, we're not yet at that point, we are at
the point of a special assessment district and I want to ask, and I need to
ask, does anyone wish to be heard on this item? OK. Matthew, make a quick
presentation, or Myra, whoever.
Mr. Schwartz: OK. This is the expansion of the security Ranger Program in
downtown. It brings it up from 2nd to 3rd Street on the north and it brings
it down to include the hotel district down to the Miami River. We have
discussed this with the Everglades and the Du Pont Plaza. This is something
that was of interest. It would allow... generate about eighty-three thousand
dollars ($83,000) additionally each year, and that will be used for
approximately four Rangers.
Commissioner Dawkins: Move it.
Vice Mayor Plummer: What would the total be? - how many Rangers?
Mr. Schwartz: There would be a total of four Rangers funded out of this and
that would be combined into the existing program.
Mayor Suarez: Four additional funded from this.
Vice Mayor Plummer: How many total?
Mr. Odio: Seventeen.
Vice Mayor Plummer: Seventeen.
Mr. Odio: Right.
Mr. Schwartz: That would bring to seventeen.
Vice Mayor Plummer: And Joe, what has the attendance record of them been? To
work, yes. Because the last time that we checked the attendance record, we
were lucky if we got sixty percent attendance of these Rangers. Has that got
any better?
Commissioner Alonso: They say seventeen.
Lt. Longueira: He says it's much better. I don't have the numbers.
Vice Mayor Plummer: Would you please bring me the attendance records?
Lt. Longueira: Yes.
306 September 11, 1991
<i a
Mr. Schwartz: Commissioner, the Police Department, there were one or two
problematic, and I think, they resolved it. They are no longer employed and
the attendance has improved.
Vice Mayor Plummer: Joe, let me ask you a question. You have a full time
policeman assigned to the Rangers. Why? Why is the necessity of a full time
policeman doing nothing but supervising the Rangers.
Commissioner Dawkins: So that if they make any arrest, it's justified. Let's
go to the next issue.
Vice Mayor Plummer: No, no. That's not my point, Miller. Why do they need a
supervisor?
Mayor Suarez: J.L., we've got an hour and -half. We've got a lot of
budgets.
Vice Mayor Plummer: All right, sir, I'll go into it later.
Mayor Suarez: Thanks. All right. We have a motion and a second on this
item. Any further discussion? If not, please call the roll.
Mayor Suarez: On forty-nine.
Ms. Matty Hirai: We need a second. I have a motion.
Mayor Suarez: I'm sorry, I think it was moved and seconded.
Commissioner De Yurre: I seconded it.
Commissioner Alonso: He did, yes.
Mayor Suarez: There we go.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-670
A RESOLUTION, WITH ATTACHMENT(S), CONFIRMING
RESOLUTION NO. 91-468, ADOPTED JU14E 20, 1991, AND
ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR A
PERIOD OF ONE (1) YEAR TO BE KNOWN A` THE FLAGLER/CORE
AREA SECURITY DISTRICT SPECIAL IMP.IOVEMENT DISTRICT
EXPANSION DISTRICT; FURTHER '_EVYING SPECIAL
ASSESSMENTS AGAINST PROPERTIES IN SAID DISTRICT
BENEFITED THROUGH HE PROVISION OF SUCH SERVICES IN
ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED
FORTHWITH WITH THE CITY CLERK.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
307 September 11, 1991
a
0
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.
67. (A) FIRST PUBLIC HEARING ON FY191-92 BUDGET - DISCUSS PROPOSED
MILLAGE RATE AND TENTATIVE BUDGET FOR CITY OF MIAMI - ADOPT
TENTATIVE MILLAGE RATE AND DEBT SERVICE RATE FOR CITY OF MIAMI -
ADOPT AMENDED TENTATIVE BUDGET.
_ (B) COMMISSIONER ALONSO PROPOSES THE CREATION OF A BOARD TO ASSESS
THE TRUE VALUE OF ALL CITY OF MIAMI REAL ESTATE, THE BOARD TC
ANSWER ONLY TO THE CITY.
Mayor Suarez: On item 50, we begin by percentage increase in the millage over
the rolled back rate. What is the response?
Vice Mayor Plummer: Bad.
Mr. Manohar Surana: OK. One and eight -nine, on hundredths of one percent.
Commissioner Alonso: I'll like to move that we reduce it.
Mr. Surana: One and eight -nine, one hundredths of one percent. The specific
purpose for which ad valorem tax revenues are being increased. Response -
partial funding for public safety service, Police and Fire one million eight
ninety-three six hundred and thirteen dollars ($1,893,613), hundred percent.
Commissioner Alonso: OK. We keep telling the citizens that we do not
increase the taxes. Still, we read these, and a; see an increase of one point
eight...
Mr. Surana: Nine.
Commissioner Alonso: ... nine. Why?
Mr. Surana: There is a State law which determiies the rolled back rate, and
any increase over rolled back rate is considered a tax increase from their
point of view. We have kept the same millage. The tax citizens pay, it
depends upon the assessed value of a particular property. And the way they
figured out the rolled back rate, instead of taking a preliminary tax roll as
a base, they take an adjusted tax roll.
308 September 11, 1991
Commissioner Alonso: In fact, we are increasing the taxes by maintaining the
same. In order to maintain the same, we will have to have nine point four one
one?
Mr. Surana: Yes, something like that.
Mayor Suarez: The difference between nine five nine...
Commissioner Alonso: Exactly.
Mayor Suarez: ... and that figure you just gave should be one point eight
nine.
Commissioner Alonso: I, myself, would like to move that we approve nine point
four one one in order to maintain the same - meaning we have to reduce.
Because in fact, we are increasing taxes. Last year, it was a great surprise
for me being my first year and the next morning I woke up, got the Herald in
my hands which said "City of Miami increase taxes." I thought that my vote
was exactly the same rate. And I looked at the numbers and it seemed to me
that yes, we are going to receive more money. So, in fact, we have an
increase. And if not, I will move that we approve nine point four one one.
But if you tell me that it is just the State law, well, we should really go to
Tallahassee and have these changed, so that when we tell the public the taxes
were not increased, in fact, we will be telling them the truth. This way, I
just feel that they don't believe us and we don't feel too certain ourselves
that we are not increasing the taxes.
Mayor Suarez: There is some deception no matter what we do.
Commissioner Alonso: Exactly.
Mayor Suarez: If we say we are maintaining your millage rate, tax rate, at
the same level, and the State forces us to tell them but actually, this
increases your taxes, then we are confusing everybody. What do you do... what
effect does this rolled back rate - whatever the heck it means and whatever
legislator's mind dreamt it up - have on new construction, which last was
what? - about a hundred and fifty million?
Mr. Surana: None on new construction.
Mayor Suarez: All right. So, it's only the -,heoretical millage rate that
would put us back to the same revenues that would be derived if we kept... if
we take into account only the increase valuation of property?
Mr. Surana: Right.
Mayor Suarez: Which was roughly how much las: year? - about a hundred...
another hundred and fifty million?
Mr. Surana: OK. There is one flaw in the law. When I prepared my budget, I
use...
Mayor Suarez: I want a simple answer to a simpl.: question.
309 September 11, 1991
Mr. Surana: OK.
Commissioner Alonso: Mr. Mayor, that's the point. There is no simple answer.
I've been trying all through the City of Miami to get a simple answer, and you
know what...
Mayor Suarez: I guess, it must... yes, it's very difficult on this issue.
Commissioner Alonso: He is the only individual, and everybody will point to
him and will tell me, he is the only one that will be able to tell you. Isn't
that a fact? I've been trying, believe me, I asked, and I said, give me a
simple explanation, how can I possibly understand. And believe me, if I
cannot possibly understand with all of these numbers of papers and with all
the reading that I do with this material, and still I don't understand. And I
found last year, after the fact, that I, myself, didn't understand. I wanted
to be certain this year that I understood. And in my book, my only logical
explanation to tell the citizens the truth and to feel myself that I am doing
the right thing, it will be to go down to nine pint four one one. And I hope
that's the right number. I have worked out all the numbers and that's the
number that I received. You tell me if I am saying the right number - nine
point four one one.
Mr. Surana: Just a minor correction, nine...
Mayor Suarez: Four one one would be the rolled hack rate.
Commissioner Alonso: I have got the same number about ten times, so I hope
it's right.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Well, wait. But having answered that, now answer my question
which I posed before, which is, how much was the new... the added valuation
from last year in the City as a whole? Was it roughly a hundred and fifty
million, or am I off?
Mr. Surana: You're right about...
Mayor Suarez: So, what we are telling people is that if we maintain the same
millage rate because of those properties that went up, whether they are
commercial or residential, we will have approximately a hundred and fifty
million dollars more... I mean, a hundred and fifty times the millage rate
more in taxes and therefore, taxes have increased in a sense. The guy whose
property has 1n fact gone up, very much agrees with that. The one whose
property has not gone up would agree...
Commissioner Alonso: The exception.
Mayor Suarez: No, no, I think most of the residential properties in the City
didn't go up.
Commissioner Alonso: Mr. Mayor, most of thi: houses that are not very
expensive homes, those have gone up to the... some of them even higher than
the real price.
310 September 11, 1991
Mayor Suarez: We've had that discussion every .year and they never have that
answer, by the way, Commissioner.
Commissioner Alonso: Yes.
Mayor Suarez: I would love to know...
Commissioner Alonso: In certain area, I agree, they are below the market
value.
Mayor Suarez: ... for residences, every year, when you do all of this, so we
can battle it out with the newspaper when they say people's taxes go up, give
is an estimate. I am sure you can crank it out. It should be actually
something the computer should be able to give you. Of how many residences in
the City of Miami are actually having valuation increases as a percentage of a
whole. That should be very easy.
Commissioner Alonso: We should know.
Vice Mayor Plummer: Yes, but you see, let me tell you where this whole
theory...
Mayor Suarez: And then for those people, at least, we can say well, for
seventy-eight percent of you, your taxes are going to identical - the City of
Miami taxes. Actually, we may have debt service millage rate reduction. I
think we do this year, don't we?
Commissioner Alonso: A little bit. Slight reduction.
Mr. Surana: Slight reduction, yes.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Right. So, actually, their taxes would have gone done a little
bit. Then you've got to throw in the County and you've got to throw in the
School Board and God know, what they are going to do. Commissioner De Yurre.
Commissioner De Yurre: Mr. Mayor, I need to know what... how much money are
we talking about if we were to lower the millage rate, roll it back to the
amount...
Mr. Surana: Approximate one point nine million dollars.
Commissioner De Yurre: OK. And Mr. Odio, if we were to roll back one point
nine million dollars, what services would have tr, be cut?
Vice Mayor Plummer: A lot of "botellas."
Mr. Odio: You're talking about... 95 people would have to go. Or... I don't
know what to tell you at this point.
Commissioner Alonso: May I make a suggestion?
311 September 11, 1991
Mr. Odio: Yes.
Commissioner Alonso: Special Programs and Account.
Mr. Odio: Yes.
Commissioner Alonso: How about cutting from that? I can see right there.
Mr. Odio: OK. Let's...
Commissioner Alonso: Du Pont Building. Let me go and get that. And it has
one point... it's the new building where we are moving the offices, and
it's... what page is that?
Mr. Surana: One oh one.
Commissioner Alonso: One oh one?
Mr. Surana: Right.
Commissioner Alonso: I suggest that you look at that Special Programs and
Accounts. I might even go further and say, if you need more money, look into
Community Development, Conferences, Conventions and Public Facilities, and I
am certain you will find the money without any problems whatsoever. But you
will not have to go any further than Special Programs and Accounts. You will
find the money right there. Ask him, he will tell you. It's you, you will be
able to find it.
Mr. Surana: No, no. We have to pay the Du Pont building rent. That's what I
budgeted for.
Commissioner Alonso: My friend, show me, last year's budget...
Mr. Surana: Yes.
Commissioner Alonso: where did you have the rental of all of the
offices? - the Law Department, American... Amerifirst Building...
Mr. Odio: We had it charged to...
Commissioner Alonso: ... and every one, where eras the rental last year? I
took the time to look at last year's at the same time I was looking at this
year and it called my attention, Special Programs and Accounts. It is my
strong belief, between the first reading and second, we might have some time
to sit down and you will have time to explain to me because by the way, the
people in the City didn't have time to go over this with me - just twenty-four
hours ago everybody wanted to see me at the same time. I found that that
number coincides with the extra amount of money that we are going to get. So,
maybe, that is the amount and we are placing in this item...
Mr. Surana: Commissioner.
Commissioner Alonso: ... Special Programs and Accounts. Is that so?
312 September 11, 1991
Mr. Surana: No. What we had done in fiscal year 192, the departments which
are moving to Du Pont Plaza, we have not provided any provision for rent. If
you look at page number 71 for Law Department, you will see a reduction in
operating expenses, almost about close to three hundred thousand dollars.
That's the reduction of rent.
Commissioner Alonso: Are you going to tell me V'at is the rent?
Mr. Surana: Yes, ma'am.
Commissioner Alonso: I want to go line by line and see that.
Mr. Surana: Yes.
Commissioner Alonso: And I want to see it in every department.
Mr. Surana: Yes, I can show it to you.
Commissioner Alonso: To see that the rent has been transferred to that.
Mr. Surana: Yes.
Commissioner Alonso: How much do we pay? - by the way, how much it reads, the
Du Pont building? - how much it says next to it? One million...
Mr. Odio: One seventy-seven nine fifty-nine.
Commissioner Alonso: And how much are we paying to them?
Mr. Odio: Is that the rent?
Mr. Surana: Yes. OK.
Commissioner Alonso: According to my numbers, the number is lower than that.
Mr. Surana: Commissioner, we went through all the departments and we have
reduced rent and electricity. Department of Computers, Personnel Department,
Labor Relations, Budget Department, Law Department, Aviation Avenue in the
Special Program and Account, Risk Management, International Trade, Housing, CD
(Community Development), Civil Service, one point five million dollars. And
the rent for Du Pont Plaza for next year will be one million oh thirty-four
hundred and fourteen, and Parking about ninety-six thousand. By moving to Du
Pont Plaza, we have saved approximately four hundred thousand dollars, first
year - no, not first year, on April to April. T`ie first year however, we have
to spend some money on moving up computers, telephone and those things. The
one million one seventy-seven nine fifty-nine in the Special Program and
Accounts consists of the total rent of one mil'iion oh thirty, four one four
less rent budgeted in Housing and International Trade Promotion. That leaves
me eight hundred thirty-three thousand six sixty-four in Special Programs and
Accounts, two hundred forty, eight thousand two ninety-five in Computer,
telephone and other, parking of ninety-six thousand and that's the total of
one million one seventy-seven nine fifty-nine we have budgeted in Special
Program and Account. And we had done that for the sake of not creating
fifteen different pieces of paper to pay the reni..
313 September 11, 1991
Mayor Suarez: By the way, that's not good accounting. That is not good
accounting. That does not belong under Special Programs and Accounts, that
belongs under leasehold payments, or rent, or however you want to do it, but
not under Special Programs and Accounts. And what is the total amount of that
fund by the way? - the Special Programs and Account in general operating
budget of the City of Miami?
Mr. Odio: Twenty three million four oh one.
Mayor Suarez: That is even worse accounting. In other words, out of a budget
of two hundred and some million... two seventy-two I think it was, to have
twenty-three in some very very generic category called Special Programs and
Accounts is not good accounting. You know that and you had told me at least
that we were going to be moving away from that and begin to break this down
into its logical functional categories...
Mr. Odio: Wait, if I may, Mr. Mayor.
Mayor Suarez: ... and it's still not been done. And I not going to vote
against it for that purpose because it's incumbent upon me to force you to
break it down before you know, the eleventh hour, which is where we are...
Mr. Odio: Mr. Mayor...
Mayor Suarez: ... but I am just letting you know that that is not good
accounting.
Mr. Odio: ... let me tell you something. Well, we have to follow general...
Mayor Suarez: That's ten percent of the entire budget.
Mr. Odio: Mr. Mayor, we have certain rules we must follow in government
accounts, and Carlos can explain that. We have reduced...
Mayor Suarez: That's true.
Mr. Odio: ... Special Programs and Accounts...
Mayor Suarez: I have to admit that.
Mr. Odio: ... from forty-four million six twenty-three to twenty-three
million.
Commissioner Alonso: That's good.
Mayor Suarez: I have to admit that. It was grossly poor accounting at the
time, now, it's only half as bad as that. You'ra right.
Mr. Odio: We have reduced it in half.
Mayor Suarez: You're right.
314 September 11, 1991
Vice Mayor Plummer: How about the fact that of a budget in the Police
Department for eighty-eight million dollars, we only have five pages in the
budget book. And you try to break down anything out of those five pages, you
can't do it.
Mayor Suarez: You can't go beyond that?
Vice Mayor Plummer: No. I mean, I don't know what that money is going for
when you look at this thing.
Mayor Suarez: More specificity than that.
Vice Mayor Plummer: I mean, it doesn't make sense to me.
Mayor Suarez: Commissioner De Yurre, I think we interrupted your line of
inquiry.
Commissioner De Yurre: I just want to make sure that if we were to roll it
back, what would have to go based on the Manager's opinion.
Mr. Odio: We will have to find a million nine somewhere.
Mayor Suarez: All right. I thought that there was further questions. You've
presumably answered his question.
Commissioner De Yurre: Well, where... can you tell me where it would come
from?
Vice Mayor Plummer: Mr. Mayor, there are a lot of questions to be asked. Do
you want to do it before we determine the millage?
Commissioner De Yurre: You lay off people, or not?
Mayor Suarez: It doesn't matter to me how you Rio it. I think either way, we
are at some point going to have to take these motions one by one, so, if
Commissioners...
Vice Mayor Plummer: Well, let me ask this question. Mr. Manager, I asked you
and I've not received... first of all, I guess I am a little upset that all
department heads are not here - that we can't respond to.
Mr. Odio: They are all here.
Vice Mayor Plummer: They are? I am sorry, I thought I knew Calvin Ross.
Mr. Odio: Ross is here.
Vice Mayor Plummer: He is here?
Mr. Odio: Yes.
Vice Mayor Plummer: OK. I asked you, as you know, this Commission, or at
least I have the feeling this Commission is locking forward to what is going
to happen in the Nuisance Abatement Board. I asked you for their budget and
315 September 11, 1991
you indicated to me that their budget was coming out of the Police Department.
I am still waiting to know how much that Board that I think we are looking to,
to do great things this coming year, what is the budget for the Nuisance
Abatement Board? Nobody has told me.
Mr. Odio: We have assigned personnel to that - the Board.
Vice Mayor Plummer: I am aware of that.
Mr. Odio: And I have not seen the line item but I believe it is around
seventy thousand dollars.
Vice Mayor Plummer: I am asking for something in... as I asked you for to
weeks ago...
Mr. Odio: The Chief has met with Pierre...
Vice Mayor Plummer: ... I asked you for something in writing.
Mr. Odio: I'm sorry, I did miss that one. I will get the Chief down here and
he can tell you exactly what we are doing there.
Vice Mayor Plummer: Does anybody know the answer? I mean, it... do we have a
line item budget for the Nuisance Abatement Board? What... let me ask you
this. What is the budget for Code Enforcement?
Unidentified Speaker: Excuse me, sir.
Vice Mayor Plummer: That's not you. How much is Code Enforcement? About a
million dollars? And now, we are going to expect this Nuisance Abatement
Board to do things that Code Enforcement can t do at a level of seventy
thousand dollars ($70,000)?
Mayor Suarez: They are going to try to use the same personnel for both.
Vice Mayor Plummer: Well, I don't think that's what being proposed. I want
to know first and foremost, why it was placed under the Police Department. It
doesn't seem like to me that's where it should be. It seems like to me it
should be similar to the Code Enforcement.
Mayor Suarez: I guess most of the complaints come on an immediate action
required basis, so, I guess, it... some people.
Vice Mayor Plummer: No. Because it's going to be a lot of court action, you
know that.
Vice Mayor Plummer: I mean, where do we er,uate? - am I mistaken this
Commission when we made the Nuisance Abatement Board had great faith in what
it was going to be accomplishing?
Commissioner Alonso: Definitely.
Vice Mayor Plummer: You've got a Code Enforcement Board at near a million
dollars.
316 September 11, 1991
Mayor Suarez: What department is that placed under, by the way?
Mr. Odio: It's under Planning, Building and Zon-ng.
Vice Mayor Plummer: That's Code Enforcement?
Mayor Suarez: I would suggest Nuisance Abatement under that department.
Vice Mayor Plummer: I agree.
Mayor Suarez: Yes, with strong linkage to the Police Department, but...
Mr. Odio: Can I look at the ordinance? I don't know what the ordinance
exactly says to that.
Commissioner Dawkins: I think the Nuisance Abatement Board was going to need
police enforcement - I don't know. But if you can't go up on... you can't go
up on Biscayne Boulevard and say the hookers is in the motel and expect the
code enforcement go up there and tell them to get- out, I don't know now.
Vice Mayor Plummer: Is Chief Ross here?
Mayor Suarez: Chief Duke, did you want to address this point?
Chief Colonel Duke: Chief Duke, Fire Department. When the Commission asked
me to work with the northeast group, one of the issues was the Nuisance
Abatement process they wanted to establish.
Vice Mayor Plummer: The Board?
Chief Colonel Duke: The Board.
Vice Mayor Plummer: Right.
Chief Colonel Duke: And the cities would mirror somewhat, Miami Beach's. And
the whole process was based on police action. It's a different process really
than the code enforcement process. The initiative will have to come from
Police Department to follow this thing through the court system. Janet Reno's
office has concurred with that from the meeting:. that I have been involved in
and it's really the reason that it is under the Police Department as I
understand it. It's really a marriage between code enforcement, and the
Police Department is following it through.
Vice Mayor Plummer: But isn't it the same basically, with the code
enforcement? I mean, code enforcement has to have law enforcement to back
them up, I understand that in some particular cages, but...
Mayor Suarez: Almost always, in code enforcement violations, I think always,
we go to a fine imposed civilly.
Vice Mayor Plummer: Likewise with the Nuisance Abatement Board.
Mayor Suarez: No, no. But there is no...
317 September 11, 1991
Vice Mayor Plummer: They will have that right.
Mayor Suarez: ... police action required typically. There is a fine and
there is an effort to collect it and to get an injunction all through the
civil court.
Chief Colonel Duke: Right. But the...
Vice Mayor Plummer: Well I don't expect the Nuisance Abatement Board to be
pulling sting raids.
Lt. Joseph Longueira: Right. The building of the cases.
Mayor Suarez: Anyhow, whichever way we think makes more sense right now - I
mean, why argue about it? Does it make more sense under Building and Zoning
than under Police?
Vice Mayor Plummer: It does to me, OK? Now, but still the fact remains,
Chief Ross, since nobody else can answer it here, I guess I've got to ask it
of you. What in your budget, since they have placed at this point, and not
necessarily will we argue the point where it belongs as to your department or
some other, what monies have been allocated for the Nuisance Abatement Board?
Chief Calvin Ross: Only the position of the coordinator of the Board.
Mayor Suarez: What can he do?
Mr. Odio: Commissioner, we are trying to begin something new here. I don't
have... we just don't have abundant monies to create another board with
another bureaucracy here.
Vice Mayor Plummer: That's not your...
Mayor Suarez: I wouldn't feel too... J.L., I wouldn't feel too embarrassed
about not spending too much more money for -.his. We should try to use
existing personnel, that's the idea.
Mr. Odio: That's what I am trying to do.
Vice Mayor Plummer: I have no problem, but you ve got to have a budget, Mr.
Mayor. Is it my understanding at this particular point - he has no car, he
has no radio, he has no secretary...
Mayor Suarez: Well, we approved a bunch of radios today.
Vice Mayor Plummer: But I am saying, what, you know...
Mr. Odio: Before the second reading, I'll bring you that budget for the
Nuisance Abatement Board. But I want to tell you Commissioner, I do not want
to put too much money into another Board.
Mayor Suarez: Yes, let's not create a bureaucracy, I mean.
318 September 11, 1991
Vice Mayor Plummer: No, no, it's not that. You know, we are telling people
that we are looking to the Nuisance Abatement Board to do great things, and we
hope they will, but God knows, they can't do it without the resources. And
from what I am hearing, the only allocation is for one man.
Mr. Odio: That's all we can afford.
Vice Mayor Plummer: Wait, no, no.
prerogative.
Mr. Odio: OK. Fine.
Vice Mayor Plummer: All right sir?
Mr. Manager, you don't have that
Mr. Odio: You tell me where to get it from.
Vice Mayor Plummer: When this Commission established that Board, I think we
did it with the full knowledge that it was going to cost money - we did it
with a full knowledge. I mean, I don't want to sit up here and the people in
Coconut Grove who are waiting for this Nuisance Abatement Board to address
their issue, and I've told them, that's where it's going to be, to tell them
that there is one guy there and he may or may not get around to it. Hey, it's
crazy, it doesn't make sense to me.
Mayor Suarez: I'll tell you frankly, I did not anticipate any great
expenditure, I thought we were going to use existing personnel. So, maybe, we
just had different expectations.
Vice Mayor Plummer: If that is the case, all right, then let me ask...
Mayor Suarez: But I do agree with you that in the final analysis if there is
a coordinator, that coordinator will require a secretary, hopefully an
existing secretary that is already doing some other work, and a desk, and a
radio, and possibly a car, I'm not sure about a car. Actually, we don't get
to that level of specificity up here, but generally, I don't know that the car
is needed. I mean, that's...
Vice Mayor Plummer: Mr. Canton. I saw him, or did he duck out real quick -
like? What are you going to afford from your present budget to the Nuisance
Abatement Board to furnish them with as the Mayor says, what we already have
on line?
t
Mr. Pablo Canton: Well, I wasn't planning on taking the Nuisance Abatement
Board now.
Vice Mayor Plummer: We're kidding ourselves.
Mr. Canton: There is a possibility that maybe, you know, we can combine Code
Enforcement maybe, with Nuisance Abatement.
Mayor Suarez: I thought it more as a legal enforcement tool than I thought
about it as a bureaucracy to tell you the truth, but, I...
319
September 11, 1991
Vice Mayor Plummer: Welt, it was my understanding, Mr. Mayor, and let me just
put it on the record, that the Nuisance Abatement Board was going to do things
that the Code Enforcement Board had not been able to do.
Mayor Suarez: Right. Because we had given them more powers.
Vice Mayor Plummer: That's right.
Mayor Suarez: Not because we had necessarily created more bureaucracy, that's
all.
Vice Mayor Plummer: OK.
Mayor Suarez: But I understand your point too, that some personnel is going
to be needed, either new, or hopefully, sort of reallocation of existing
personnel and duties... new duties to certain people including the people who
are doing code enforcement right now. It is a new code, and it...
Commissioner Alonso: That's the logical coordination between the two.
Mayor Suarez: Yes. It is a code enforcement function because it is a new
code that we are passing.
Vice Mayor Plummer: Then why is it under the Police Department? Why isn't
Code Enforcement...?
Mayor Suarez: That's the part that I have to admit. I don't...
Commissioner Dawkins: The Manager just told you why. The Manager said he has
got no money. We directed him to establish a department, he put an individual
over there in a department and he... and Chief Ross just got there and he
expects Chief Ross to provide the support of services to that unit with no
money. I mean, hey, we all heard that, but yet, we are sitting up here, you
know, acting as if we didn't hear that. The Manager said, you directed me to
create a department. I created that department. I had no money, so I put an
individual in that department, and because I still had no money, I put that
individual in the Police Department where the Police Department could - and I
don't know how, find the supportive services with which to support this
individual. Now, I have a problem with you guys bringing this man up here and
trying to overload him again. I mean, you put him... Code Enforcement - what
else they gave you?
Mr. Canton: Lately...
Commissioner Dawkins: Lot clearing. What else they gave you? - and no money,
and I get constant calls, the lots are not being cleared. Abandoned
automobiles are not being collected...
Commissioner Alonso: That's right.
Vice Mayor Plummer: Right.
Commissioner Dawkins: ... this isn't being done. and now you're going to tell
me, and which I will not allow it - now, you all can do anything - I am not
320
September
11,
1991
going to allow you to take whatever we just created and hang it on this
gentleman here unless you give him some money an] some personnel.
Vice Mayor Plummer: That's exactly what I said.
Commissioner Alonso: I thought that the creation of the Abatement Board was
more from the legal point of view, more power to carry on the job that you do.
That was my idea of it.
Mayor Suarez: That was my understanding too. OK, what other points...
Mr. Canton: Well, basically...
Mayor Suarez: No, no, please, Pablo, we've got a huge budget and this is a
seventy thousand item, admittedly, it may end up being a seven hundred
thousand dollar ($700,000) item by the time we are through with it.
Vice Mayor Plummer: And we might cut your budget to do it according to the
Manager.
Mayor Suarez: But, I presume that there are other lines of inquiry on this
budget and some of the other agencies that we have to approve tonight folks,
so...
Commissioner De Yurre: Yes.
Vice Mayor Plummer: Let me ask this question real quick -like. Of the fines
that you put into place, how much fines did you collect last year?
Mr. Canton: That's up to the Finance Department, Commissioner.
Vice Mayor Plummer: You don't know?
Mr. Canton: I don't know exactly.
Mayor Suarez: But you should know, folks. Don't be passing the buck around
from department to department. Everybody should know what everybody else is
doing around here, at least, in rough terms. I mean, it's part of your job
too.
Mr. Canton: Approximately about, I will say about seventy thousand dollars
($70,000).
Vice Mayor Plummer: Seventy?
Mr. Canton: Seventy thousand.
Commissioner Alonso: That's all?
Mayor Suarez: We are not doing well collecting fines for code violations.
Mr. Canton: We place the fines...
321 September 11, 1991
a +r
Vice Mayor Plummer: Obviously, you're... seventy thousand dollars ($700000)
is all you've collect? - about a thousand a week?
Mr. Canton: That's about...
Vice Mayor Plummer: And you hear sixty cases a meeting? At the last meeting
you had over a hundred cases, and you are collecting about a thousand dollars
($1,000) a week. Not that I am putting it on a cash register.
Mr. Canton: Well, a lot of these fines, Commissioner, are also on a homestead
property. We cannot touch homestead property and sometimes, we want to
foreclose...
Mayor Suarez: That's a very important point. There is a percentage of all
the properties in the City that are totally exempt because of being homestead.
Mr. Canton: Mr. Mayor.
Mayor Suarez: Pablo, you have any idea what the total, so we can give the
Commissioner and the Commission a good...
Commissioner De Yurre: Hold it. They are not exempt, the thing is that you
just cannot collect on it at this time. When they sell the property, then you
can collect on it.
Mayor Suarez: When they sell or die, or whatever.
Mr. Canton: Correct. Well, that's the whole problem too.
Mayor Suarez: What is the total imposition if you know, on a yearly basis so
we can compare that to the amount that we collect. Does anybody...?
Mr. Canton: Right now, we have about twenty million that we are in the
process of collection right now.
Mayor Suarez: Twenty million, wow!
Mr. Canton: Twenty million dollars.
Vice Mayor Plummer: But that is... those liens have been filed?
Mr. Canton: Correct. Yes, sir. These are all lien property. We have about
twenty million dollars.
Vice Mayor Plummer: You already have those liens in place?
Mr. Canton: Yes, sir.
Vice Mayor Plummer: OK.
Commissioner Alonso: When you are talking about those properties, are you
talking about some of the ones that have been also demolished? - are included
in this?
322 September 11, 1991
Mr. Canton: No, no, no. This is just on people that are in violation of the
Code Enforcement.
Commissioner Alonso: Because the other account also is very high.
Mr. Canton: Correct. On the demolition, there is no problem.
Commissioner Dawkins: Well, I am having fun. You all are providing the same
level of services with the same amount of money. God damn.
Vice Mayor Plummer: But they can't sell without satisfying the lien. Yes.
OK. My next question is of the Police Department. I have been asked that you
have instigated operation NEON (Neighborhood Enhancement Operation Network).
The concern is that it's been expressed that this is only a thirty day program
in the northeast. Is that a true statement? And if so, what is your plans
with operation NEON?
Chief Ross: Sir, that is not a true statement.
Vice Mayor Plummer: OK. For the record, tell us what it is.
Chief Ross: For the record, I have heard the thirty day number kicked around.
The purpose of NEON was to go into an area and to deal with those problems in
that area. Whether it took two weeks, three weeks, four weeks, or beyond. At
this point, we are into the third week and we are assessing what impact we
have made - at the end of each week we make those assessments.
Vice Mayor Plummer: And what do you see as a result at the end of the third
week?
Chief Ross: We have seen a number of arrests made. We have seen an impact on
the prostitution, we have seen an impact on the narcotics, street narcotic
sales. We have seen an impact on the amount of traffic that have been... or
traffic tickets issued as a result of serious traffic violations in particular
area. We have seen an impact on certain locations where we have had
robberies, street type robberies. All of these are contingent upon the amount
of information that we get in from the citizenry. We receive information from
them, we respond and attack those problems.
Vice Mayor Plummer: So, your answer is that it is not a thirty day program,
it's a program as long as necessary to bring it under control.
Chief Ross: Absolutely.
Vice Mayor Plummer: My next question, Mr. Mayor, according to the budget book
which I don't have in front of me, I've got it here somewhere.
Commissioner Alonso: You want one?
Vice Mayor Plummer: No, I don't need one.
Mayor Suarez: But, you have memorized.
Vice Mayor Plummer: I know it by heart.
323 September 11, 1991
Mayor Suarez: You've memorized it, I know.
Commissioner Alonso: Yes.
Vice Mayor Plummer: Chief, something looks out of proportion. In the budget
book, we are dedicating six point two million dollars to communications with
114 people. In the entire criminal investigation section, according to the
budget book, is six point eight million dollars. It doesn't make any sense to
me that we are spending almost as much in communications as we are in
investigating crime. And I am not at this point going to go in to the fact in
the Fire Department is another two million dollars for communications, and I
think 33 more people, which comes to a total, out of our entire budget, of in
excess of eight million dollars for communications and almost 150 people.
But, in your sphere, I need some justification that we are spending as much
for communications as we are for the entire criminal investigation section.
Chief Calvin Ross: I can answer that, sir, very simply, but I want to just
say this quite openly. I think that the question may have some merit, but at
the same time, consider on the surface that when we are talking about
communication, we are talking about the very basis of the existence of the
Police Department and dealing with not only the subsequent investigations, but
the information or the responses that we need to respond to immediately.
Without adequate communication and communication system, the entire
investigative division is not necessary. It will not operate.
Vice Mayor Plummer: I understand it's...
Chief Ross: I cannot over emphasize the need for state-of-the-art equipment,
and enough personnel to adequately take the information and pass it on to our
officers so that they can respond appropriately. So I cannot see the
comparison between communications and any other section within the department.
And I say that quite respectfully.
Vice Mayor Plummer: Let me...
Mayor Suarez: By the way, if I may just add my two bits, the communications
are that much more coherent in recent months from prior months. You can
actually understand what they're saying. They use less the codes, which got
them all confused, and a little bit more of the English language. And I want
to compliment you on that.
Vice Mayor Plummer: The point... is it a true statement that you have
dispatchers that are making, including overtime, seventy to seventy-five
thousand dollars?
Chief Ross: That may have been the case in the past, but not currently.
Vice Mayor Plummer: What is your highest, in 1990, dispatcher making?
Mr. Odio: This Commissioner... I'm glad you brought up that point. See,
that's precisely what we're trying to eliminate by hiring more people for
communications.
324 September 11, 1991
Vice Mayor Plummer: Well, you're trying to, but is it being done?
Mr. Odio: We have hired a lot more people into that division precisely to
eliminate that overtime.
Vice Mayor Plummer: Have you gone into, as other departments have, and that
is combining police and fire as Metropolitan Dade County does?
Mr. Odio: We did a study on that and I will be glad to provide you... We did
provide you with that study three years ago, but it shows that we cannot do
that. And it won't work.
Vice Mayor Plummer: No, let me tell you what it shows. It shows that Motorola
was told what had to be done for equipment. The study very well shows a
tremendous savings in personnel. The study shoved negatively because of what
was built in by all of the people as to what equipment would be needed.
Metropolitan Dade County does theirs with a lot less people, and a lot less
money. Now, hey, I'm saying we're trying to find ways to save money, OK?
Yes, your first year might be a little bit more money. But if you can cut
down on personnel, and overall, I think you can Fave money. OK?
Mr. Odio: We love combining, but I'll tell you, we did the study and it shows
it cannot work. And I maintain that, unless the professionals tell me
otherwise, I have to stick with that.
Vice Mayor Plummer: Then I will then be asking in the coming months to get an
outside independent professional who will go to the...
Commissioner Dawkins: And spend more money?
Vice Mayor Plummer: No, no, no. I'll get it for free. I'll get it for free.
OK? Because the whole thing...
Commissioner Dawkins: OK, if you get it for f-ee, you got me but if you're
spending more money, you don't have me.
Vice Mayor Plummer: The negative portion of it was on the equipment. That's
where the loss was. OK?
Commissioner Dawkins: OK.
Vice Mayor Plummer: Mr. Manager, during the healing the other day, I told you
for my vote in budget, I wanted fifty addition<1, either PSAs or civilians.
I'm asking you today. It is my understandinc that you are now going to
increase Rangers and the Rangers are going to be used...
Mr. Odio: I think, Commissioner...
Mayor Suarez: A special assessment...
Mr. Odio: ...before we address that...
Mayor Suarez: Please, the Rangers...
325 September 11, 1991
Mr. Odio: ...that you need to address the millage rollback.
Mayor Suarez: Wait, let me just clarify the Rangers. I think he's talking
about the ones that are funded by a special assessment district.
Vice Mayor Plummer: No, sir, I'm not. It was my indication from the Manager
who told me that station security, which we are presently using - sworn
officers to sit at a gate in all three of the locales, I believe it is, that
the Rangers, at $12,000 instead of a policeman at $55,000, is, in fact, that
the case?
Mr. Odio: They're hiring 20 Rangers to release 21 police officers.
Vice Mayor Plummer: That's in addition to the special assessment district.
Mr. Odio: In addition to the... in addition to whatever else we're doing.
Vice Mayor Plummer: OK, now, let's talk to the civilians or the PSAs. What
are you doing...
Mr. Odio: I need...
Vice Mayor Plummer: My understanding that last year's budget contained for
budgeting of 100 PSAs. OK. What are you doing, as the Chief said at the last
hearing, that if he got 50 additional PSAs or civilians, over a period of
time, he could release 28, as I recall, more policemen back to street duty.
Commissioner Dawkins: When you finish, I want to...
Vice Mayor Plummer: I'm asking for the answer.
Mr. Odio: The answer is simply this. We dic not prepare to add 50 more
people in this budget. I do not have the money to add another 50 people. I
asked you if you would wait to see what would happen with the retirement plan,
which we didn't know at the time what would happen with that, how many people
would retire. And then maybe later, address those fifty.
Vice Mayor Plummer: Will you be able to give me that answer prior to the
second hearing? The second hearing of budget is on the 26th?
Mr. Odio: Yes, we would know. Well, no, we...
Vice Mayor Plummer: Will you be able to give me that answer then?
Mr. Odio: Yes, the closing day is 24th, it's the 24th. We might have an
accurate account by the 24th.
Vice Mayor Plummer: I'll wait till then.
Commissioner Alonso: Approximate amount now?
Commissioner Dawkins: Mr. Mayor, Mr. Mayor...
Mr. Odio: How many people are going to retire?
326 September 11, 1991
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: OK, that answers that line of inquiry. Commissioner Dawkins.
Commissioner Dawkins: You know, I have a problem, especially with what J.L.
Plummer is saying.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Now, we sat here and told the bargaining agents we had
no money, and we need you to help us save money, by all of you foregoing your
four percent increase. And by doing this and doing the other. And now I hear
the Manager tell J.L. Plummer he's going to find the money some kind of a way
to hire fifty Public Service Aides, or whatever you're going to have.
Mr. Odio: Except that, Commissioner, I didn't say that.
Commissioner Dawkins: No, wait a minute, no, no., no. You wait till I finish,
then you'll understand what I'm saying. OK? If we were sincere and that we
did not have the money, which I'm sure J.L. Plummer has identified some money
in the police budget - I don't have no problem with that, OK? - but if any
money is found, I want the Manager to understand that I'm holding him
responsible for helping me keep the services, total services, in the City of
Miami equal. If you find enough money to hire 50 Public Service Aides, I
expect you to hire 20 aides, I expect you to hire 10 garbage collectors, I
expect you to hire 10 mechanics. I don't expect you to take that money and
beef up an agency over here, when I'm catching hell trying to listen to the
people say I'm not providing services over here. So now, you can sit over
there and promise and do anything you want, but this is one Commissioner who's
going to demand, if you hire 50 Public Service Aides, that you hire some
firemen, that you hire some garbage collectors, that you hire some mechanics,
and you hire whatever it has to keep the services in the City of Miami equal.
Vice Mayor Plummer: And I have no problem with that. And if it has to be, it
has to be. But let me...
Commissioner Dawkins: But I'm not as lucky as J,L. I don't know where... now
J.L. know where some money is.
Vice Mayor Plummer: Oh, I...
Commissioner Dawkins: See, I've been here with him long enough to know that.
OK?
Vice Mayor Plummer: You'll find out before second hearing.
Mayor Suarez: He knows everything that's buried underground.
€ Vice Mayor Plummer: And above.
i
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Commissioner De Yurre.
327 September 11, 1991
a� •
Commissioner De Yurre: From the City Attorney. If we were to roll back the
millage rate today, would we be able to raise it again if needed at the second
hearing, second reading?
A. Quinn Jones, III, Esq.: I think since this is only first reading, and, of
course, the ordinance would have to be read in ins entirety on second reading.
So I think that you can make any changes you want to between now and second
reading.
Commissioner De Yurre: But can you...
Mr. Jones: Not on the millage.
Commissioner De Yurre: Can you lower the millagc and then raise it?
Mr. Jones: No.
Commissioner De Yurre: We can't do that.
Mr. Jones: No.
Commissioner De Yurre: So if we were to lower it today and we, on a whim, and
then came back on second reading and found that we needed to raise it, that is
not possible.
Vice Mayor Plummer: Cesar, you could do it, tut you can't do it on second
reading without having first reading again.
Mr. Odio: You cannot change it.
Vice Mayor Plummer: I thought that was only once: what it was said.
Commissioner De Yurre: Can you answer that question?
Mr. Jones: I'm sorry?
Commissioner Alonso: They are trying to decide.
Commissioner De Yurre: If we were to lower the millage rate today on a whim,
and on second reading try to raise it, that would not be possible.
Mr. Jones: No. Because once you've set it, it's set.
Commissioner De Yurre: OK.
Vice Mayor Plummer: But it's not set until second reading.
Mayor Suarez: Can you lower it from first readi►,g to second reading?
Unidentified Speaker: Right.
Mr. Odio: Lower and...
328 September 11, 1991
�,e
Mayor Suarez: Thank you. All right. You can't higher it, you can lower it.
Commissioner De Yurre: You can lower it, but you can't raise it.
Mayor Suarez: All right.
Commissioner De Yurre: OK, I just wanted to have that...
Commissioner Alonso: That is another thing that is very strange.
Commissioner De Yurre: I just wanted to have that on the record.
Mayor Suarez: Very strange about state law.
Commissioner Alonso: Very strange, another thing that is very strange.
Mayor Suarez: I guess the idea is by the legislators to tell you that if you
come to the first reading and you're satisfied, and you participate in the
public hearings, you need not come back if you're concerned about your taxes
going up. I guess that's the basic idea.
Commissioner De Yurre: OK. Now...
Vice Mayor Plummer: It was my understanding...
Mayor Suarez: It may have made sense to them when they passed it, but it
sounds strange.
Vice Mayor Plummer: It was my understanding that once you set the millage,
you could deviate from it, but you could not exceed it.
Commissioner Alonso: That's my... that's the way I understood it.
Vice Mayor Plummer: Well, but I'm saying, we said it at the last hearing.
Commissioner Alonso: Exactly.
Commissioner Dawkins: We can drop down, but we can't go up, J.L.
j Commissioner Alonso: That's what I thought it was the idea.
Mayor Suarez: All right, so if you went in the first reading and you reduced
it, you could not... Well, you just couldn't go any higher on second reading,
apparently. Are we pretty sure of that now, Mr. City Attorney?
Mr. Jones: Yes.
Mayor Suarez: All right.
Commissioner De Yurre: OK, may I continue?
Mayor Suarez: Commissioner De Yurre.
329 September 11, 1991
Commissioner De Yurre: Based on that, and based on the City Manager's
statement that if we were to lower it, his answe- is that 95 people would have
to be laid off. That is the administration's position. I would like to hear
from the employees' position, Charlie Cox, to give us a statement as to
whether he feels that this budget can be lowered. And, if so, where can it be
lowered?
Commissioner Alonso: May I ask a question at this point? I think it's of
importance. I cannot agree with the position of the City Manager and how do
we know that that is the case?
Mr. Odio: No, I can say... let me say this. You can also, if you don't want
to eliminate positions, you would have to shift monies from one department to
another. You can do that. We added six million dollars to the Police
Department, for instance. You could take money from there, and switch it over
to here. But what I'm saying is, you cannot...
Commissioner Alonso: I would appreciate that you use as an example a
different department, because this is very shocking.
Commissioner De Yurre: Well, OK, please, please. I'd like to hear....
Mr. Odio: Well, I mean, no, I could use the other department...
Commissioner De Yurre: ...excuse me, excuse me, excuse me...
Mayor Suarez: All right. Let's complete one line of inquiry here, we're
going to go crazy. OK, Commissioner De Yurre.
Commissioner De Yurre: I'd like to hear from Charlie Cox...
Mayor Suarez: By the way, why is that mika pointing away from... the
microphone looks like it's sort of given up.
Mr. Manuel Gonzalez-Goenaga: The citizens are giving up.
Mayor Suarez: Mr. Gonzalez-Goenaga, under Section C of our agenda, you will
have an opportunity to be heard. I told you that already. In the meantime,
do not break in and do not have any more outbursts. All right? No, no, no,
I'm just telling you that. I'm just hoping for...
Mr. Gonzalez-Goenaga: I just want to know when... Please, address to me when
you - I'm ready to talk.
Mayor Suarez: I will. Yes, I will do that. [ will do that, Mr. Gonzalez-
Goenaga.
Mr. Gonzalez-Goenaga: How many minutes are you toing to give me, Mayor?
Mayor Suarez: I haven't decided that yet.
Mr. Gonzalez-Goenaga: OK.
330 September 11, 1991
Mayor Suarez: We're going to try to be fair to you, but we're going to hear
you out. Yes.
Commissioner Dawkins: Mr. Mayor, question, please.
Commissioner De Yurre: Oh, can I take care of tnis?
Mayor Suarez: All right, he was inquiring...
Commissioner Dawkins: Let me ask one question, please. What time will...
Mayor Suarez: Will you yield to...
Commissioner Dawkins: What time will we adjourn?
Mayor Suarez: We certainly still hope to adjourn sometime around 9:00 p.m.
There will be... depending on how many questions you ask of this budget.
There are other budgets that we have to consider, and I tell you, I have a few
questions on the Department of Off Street Parking. But if I have to give them
up until second reading, I will. I still want to try to break up at 9:00 if
we can. OK?
Commissioner Dawkins: Thank you.
Mayor Suarez: Commissioner, you were inquiring.
Commissioner De Yurre: Charlie.
Mr. Charlie Cox: Yes, I think that if Al was here, Tom's also here, and
Lionel was here, that we would implore Commissioner Alonso not to do this. We
have all sat down with the budget. The budget is tight. We would not have
agreed - I think you'll agree with that - to give up, forego raises, agree to
downsize to help the City. I mean, it's not our intention, without sitting
down, to put one person aboard. It's not, we can't. We can't keep going
through this every year. Every City out there is facing the same thing that
we're facing.
Vice Mayor Plummer: No, you're wrong. Charlie, let me tell you where we're
wrong. OK? This City is number one in crime. I'm tired of that. I'm damned
tired of it. And I cannot sit here and face the taxpayers and tell them that
I'm not going to be doing any more this year addressing the problem, the
number one problem, without doing something in this budget. Now, as Alonso
says, yes, you got the same millage. But as my Father said, don't tell me I'm
not paying any more taxes. They are. And I've got to sit here and face the
public, and when I do, I've got to be able to tell them that in some way,
shape or form, I have addressed the number one problem of this City being the
number one that we don't want to hear. So we're not like every other City,
we're different. And our problems are different. And that's why I am
pushing, and continue to push, because this elan tells me that if we can
provide him with 50 more civilians, he can p.jt 28 more policemen on the
street. That's what I think I need to tell the taxpayers of this community.
So we're not the same as every other City. I agree with you, times are tight.
And, damn it, some things have got to goi And I don't think they're people.
The Manager said that off the top of his head very quickly, 95 have got to go.
331 September 11, 1991
What I think the Manager was saying is, 95 people are represented in that drop
in the millage. OK? He has said it better, Mano, that if we did what she
proposed that, in fact, we would be dropping 1.9 million dollars. I don't
necessarily agree that one person has to go. Yes, some things have got to be
given up. But don't necessarily mean people. You agreed to downsize this
City. I agree to downsize it. But I think in the area of the Police
Department, we have to address even stronger what we are going to do for the
number one problem.
Mr. Cox: Commissioner...
Vice Mayor Plummer: I'm sorry to interrupt you.
Mr. Cox: Commissioner, I agree with you, but I think everybody else out there
agrees too, because the Police Department did get a six million dollar raise
this year when all the other departments were asked to give back...
Vice Mayor, Plummer: Charlie, I'm...
Mr. Cox: ...and it may not be enough, Commissioner. And I agree with you.
But you're asking to roll back peoples' taxes that cost this City 2 million
dollars.
Vice Mayor Plummer: Oh, I didn't say I was...
Mr. Cox: We, OK...
Vice Mayor Plummer: Excuse me, I didn't say I was going to agree to that, OK?
Mr. Cox: I'm saying, what is being asked? OK? We have also, in the last six
years, lost a thousand employees. I mean, there's going to come to a point
where we have nobody to do the job. We all are leery whether we can provide
the service or not now. And let me tell you, if you think...
Commissioner Dawkins: All but the Sanitation Department, they say they can
provide it.
Mr. Cox: ...if you think - and I understand tha': you have to be elected. But
all four of us union presidents have to be elected too. And if you think it's
going to be an easy sell for Charlie Cox to go back to those general employees
and tell them, guys, ladies, you got to continue to do more. And we've lost a
thousand employees in six years. It's not easy, OK?
Vice Mayor Plummer: I agree.
Commissioner Alonso: Charlie...
Mr. Cox: I understand that, yes, any place you go, even in private industry,
you're going to have some waste. But I guarantee you, as a City employee, I
will tell you I think it's minimal.
Commissioner Alonso: Charlie, but the other day we all agree here. I asked a
question, and I say, how many people are we going to hire? I was given the
number 27.
332 September 11, 1991
E
Mr. Odio: Yes, Commissioner...
Commissioner Alonso: They told me hundred and e`ghty-six will leave.
Mr. Odio: That's correct.
Commissioner Alonso: We will replace 27.
Mr. Odio: Only twenty seven. That is correct.
Commissioner Alonso: I did not make up the numbers. I asked...
Mr. Odio: That is correct.
Commissioner Alonso: ...and I asked again, and I asked...
Mr. Cox: Commissioner Alonso...
Commissioner Alonso: And finally I was given that magic number, 27. Remember
I asked?
Mr. Cox: But I'm going to tell you something, Commissioner Alonso: For my
vote, if we're doing this like that we're supposed to do, that it's going to
be a partnership, and it's for the unions and stuff, I'm telling you upfront
Charlie Cox will not put one person back on board here if we can't make the
budget. Because then I'm going to come up here and look like a fool before
you, OK? I'm telling you that. I'm telling all my people that I represent.
And it is going to hurt us all.
Commissioner Alonso: Charlie, but also we have to tell the taxpayer of Miami,
who is sick and tired of taxes.
Mr. Cox: Correct.
Commissioner Alonso: We are not telling them the truth. We are saying we are
keeping the taxes 9.5995 and, in fact, we are increasing the taxes. I cannot
really do this. We did it last year and I felt that we were not increasing
this year. I'm not going to go along with that. I have to tell the citizens,
the taxpayers, the truth. And the truth is, sama millage means 9.411.
Mr. Cox: Correct, Commissioner. But like everybody else, no matter where we
live, OK? -and I know I'm going to get hammered for that next - our houses go
up. They appreciate every year.
Commissioner Alonso: Go to the County, my friend. Because the County is
increasing taxes. The School Board is increasing taxes.
Mr. Cox: That's correct. And you're paying more for gas every time you
put...
Commissioner Alonso: And the taxpayer of Miami is paying more taxes.
333 September 11, 1991
Mr. Cox: And you pay more for gas every time you put gas in your car. You
pay more for your tires every time you put tires on your car. You pay more
for everything. And that's a fact of...
Commissioner Alonso: Ask the taxpayers if they are willing to pay more taxes.
Mr. Cox: We're all in the same boat and we're trying to help you with that
also.
Commissioner Dawkins: Mr. Mayor, I think we all agree with J.L. Plummer...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: We all agree with J.L. ap here, everyone of us, that
the number one problem in Dade County, of whicn Miami is a part, is crime.
But we also agree with J.L. Plummer in that if we put on more policemen, and
we do not put on more mechanics with which to service the vehicles that the
police use, we're defeating our purpose. It's a team effort, and so when we
talk of adding 50 PSAs, you know, is that really the answer? Or is the answer
to hire 15 policemen instead of 50 PSAs who are perhaps more attuned to crime
fighting, who can make arrests, who can reduce crime in the area and make the
area safe, than it is to have a PSA who can't make an arrest, who does not
have a gun, and what have you. So these are some of the things that the Chief
and his staff they're going to have to sit down and look at professionally and
come back and tell us, J.L., that, you know, you yelling and screaming for 50
PSAs, but that may not be the answer. Because even if you put 50 PSAs out
there, they've got to have something to ride in. And that has to be serviced.
So we are all attuned that we do have a problem. But now, how to address the
problem, that's what we elected the Mayor for to guide us through this.
Mayor Suarez: All that speech...
Commissioner Alonso: You were not expecting this.
Mayor Suarez: All that speech was to set me up for that? OK, any further
inquiry from the Commission?
Vice Mayor Plummer: Yes, I got a question.
Mayor Suarez: We do have to hear from the putlic, and we have a few other
budgets to go through.
Vice Mayor Plummer: Can I ask one other question?
Mayor Suarez: Yes, please, quick.
Vice Mayor Plummer: Mr. Manager, again, explain to me in the police budget
you're showing that all City employees gave up their raises. OK? Now,
explain to me the 3.2 million dollars in the police budget for increase over
it last year.
Mr. Odio: OK. They gave up the cost of living increases. They have not
given up the step increases, which is 5 percent. That, plus overtime, which
we added to the Police Department, because we know from experience now for two
334 September 11, 1991
years in a row, that at the end of the year, we have to scramble to find
monies to cover the police overtime.
Vice Mayor Plummer: How much is overtime? -total?
Mr. Odio: About three... three million dollars? Four million dollars for
next year.
Vice Mayor Plummer: Four million dollars, total.
Mr. Odio: Four million dollars for next... in the Police Department.
Vice Mayor Plummer: How much increase over this year?
Mr. Odio: One million dollars.
Vice Mayor Plummer: So you're saying that the step increases amount to 3
million dollars.
Mr. Odio: No, I didn't say that.
Vice Mayor Plummer: I'm asking, what is it?
Mr. Odio: It's a combination of overtime. Do you have the breakdown?
Vice Mayor Plummer: Well, we know that the step increase - the overtime - is
a million more than the year before. That's one million. That reduces it
2.2.
Mr. Odio: Well, the... You still...
Vice Mayor Plummer: What is... are you telling me that the step increases
amount to 2.2 million dollars?
Mr. Odio: Let me get the exact amount. No, because you also have 20 new
positions in there that we had for the rangers to replace 21 police...
Vice Mayor Plummer: No, no, no, excuse me, sir, this says salaries.
Mr. Odio: Salaries, yes. They have to go...
Vice Mayor Plummer: Salaries increase. It doesn't say, new salaries. It
says, salary increase.
Mr. Odio: Give him the breakdown.
Mr. Surana: It's about half million dollar for :tep increases, million dollar
for overtime. -
Vice Mayor Plummer: That's a million and -a -half.
Mr. Surana: OK. Approximate... OK, it's about 2.4 million dollars, total
increase in salaries. It's combination...
335 September 11, 1991
41
Vice Mayor Plummer: It's list... what page is that on, please?
Mr. Surana: It's not in there, line item budget.
Vice Mayor Plummer: No, no, give me the page of the police budget.
Mr. Surana: Oh, page seventy...
Mayor Suarez: I am so ready.
Unidentified Speaker: Eighty-seven.
Mr. Odio: Eighty-seven. OK. On 87, you're showing here 3.2 in police and
how much is it in fire?
Mr. Surana: Total increase about 1.5 million.
Vice Mayor Plummer: And what page is that on? I'm trying to find it, because
it clearly indicates, salary increases and fringe.
Mr. Surana: Page 55.
Vice Mayor Plummer: Page 55.
Mr. Odio: Commissioner, while you're looking at that, can I point something
out? I think it's very, very important that the taxpayers hear this. In
1986, the general fund budget of the City of Miarii was 196 million dollars.
Vice Mayor Plummer: That's not the point I'm trying to make.
Mr. Odio: But, Commissioner, may I? In 1992, the budget for the City of
Miami is 200 million dollars. It has grown o�/er seven years by 4 million
dollars. Yet, we're delivering the same services we were - or even better -
than we were in 186. I don't think we can do more.
Vice Mayor Plummer: Can I...
Commissioner Alonso: But remember that the economics, the people were not
living the hard times that they are going through today.
Mr. Odio: I know, Commissioner, but also remember...
Commissioner Alonso: So we also have to be attuned with that. It's not that
they don't want to pay more, it's that they can't.
Mr. Odio: Believe me, I know what you're trying to do, but I'm trying to
point out. Listen to this, you have grown your hudget by 4 million dollars in
7 years. And you are ... and the cost... but the...
Commissioner Alonso: Cesar, it's that the system is wrong. That's the
problem, the system is wrong.
Mr. Odio: I know, the cost of... but let's change the system in Tallahassee.
The cost of living...
336 September 11, 1991
Commissioner Alonso: Well, we have to...
Vice Mayor Plummer: They are working on that right now.
Mr. Odio: The cost of living in seven years, is about 49 to 50 percent. Yet
we have not only grown, only four million dollars.
Vice Mayor Plummer: You're showing, Mr. Manager, an increase in the Police
Department alone, of 3.6. I asked for a breakdown.
Mr. Odio: OK, we will get you that.
Vice Mayor Plummer: All right, no. I'll tell you what, so I don't take up
their time, please send it to me. All right? We are also under Commission
Awareness Program, Mr. Manager, I will ask you to deliver, as soon as
_ possible, hopefully by the end of this week, I want a complete and total
breakdown, line item by line item, of both police and fire.
Mayor Suarez: All right, please provide that. All right, Mr. Gonzalez-
Goenaga.
Vice Mayor Plummer: Guarantee you I'll find plenty of money.
Mayor Suarez: Well, we should... go ahead, sir. As part of item C under
fifty.
Mr. Gonzalez-Goenaga: Did you have enough time to think how much time you are
going to give me now? So I can...
Mayor Suarez: Name and address. The very most we could conceivably give you
is ten minutes, but I ask you to please try to stick within five.
Mr. Gonzalez-Goenaga: I'm going to be much shorter than that. To be emphatic
provided Commissioner Dawkins and Mr. De Yurre has the respect to this
individual and a member of this community will be present. I hate to speak to
empty seats.
Mayor Suarez: All I can tell you is that I guarantee you a quorum of this
Commission, and you have it. So you're going to have to speak now.
Mr. Gonzalez-Goenaga: OK. Well, we are talking about something that the
community do not understand. The people who...
Commissioner Dawkins: ....Mr. Mayor, I don't grant to be disrespectful. I
don't want to be disrespectful.
Mr. Gonzalez-Goenaga: Nice show. I love to see it in the movie tonight.
Vice Mayor Plummer: It's hard to get a movie...
Mr. Gonzalez-Goenaga: I am not making a show. I am being very emphatic, and
what I'm going to say needs a lot of courage. And I can guarantee you that
very few people have it. Let me continue. We are talking about something
337 September 11, 1991
that the citizens do not understand. You are invited here for the most
important date for the budget, and how many citizens do you see here present?
We are to be blamed. Or you five Commissioners have to be blamed, because no
matter what we do or what we suggest, we are constrained by a new agenda that
we cannot talk. We are limiting, these Commissioners are limiting the efforts
of the community or the citizens like me who come here, spending time and
money and energy just to probably speak for less than one minute. I
understand. Unfortunately, I did not come this morning not because I did not
want to. It was I had other more important business. But, I am going to be
simple and clear so you hope you get the message, including for Mr. Odio I
would like to ask him a question.
Mayor Suarez: OK, pose your question to the chair and we will get the...
Mr. Gonzalez-Goenaga: OK.
Mayor Suarez: ...Mr. Odio, whoever, to answer it.
Mr. Gonzalez-Goenaga: OK. You are questioning the City police budget. You
are questioning the sanitation budget and other budgets. And I am one to
question your budget. And the City Manager's budget, and the Law Department's
budget. Question to the chair. We have in the City of Miami, a very
expensive land which I would like to know for how much is rented. It is being
used by Mr. Odio everyday through the Miami Rowing Club. How many acres are
there, and how much do they pay for rent?
Mayor Suarez: We'll have to provide that to you in writing. It's...
Mr. Gonzalez-Goenaga: OK, that... I am calling you that...
Mayor Suarez: The rent was set by an agreement I think that predated all of
us being here, except for maybe Commissioner Plurmer.
Vice Mayor Plummer: I was here.
Mr. Gonzalez-Goenaga: For fifty dollars, a oundred dollars, two hundred
dollars...
Mayor Suarez: I forget what the rent is, but it was not done...
Mr. Gonzalez-Goenaga: OK, well that's the problem that this Commissioner...
Mayor Suarez: Because you referred to... wait, wait, Manolo, I'm answering
something. You referred to Mr. Odio. He was not the Manager at the time that
lease was entered into.
Mr. Gonzalez-Goenaga: Well, his cronies are now. And, for example, I
understand Mr. Smith also is a member of the Miami Rowing Club and his
buddies.
Commissioner Dawkins: I'm not.
Mr. Gonzalez-Goenaga: Oh, you're not because you are represent a different
area.
338 September 11, 1991
Mayor Suarez: Don't get into why he's not.
Mr. Gonzalez-Goenaga: I am not, and I don't intend to.
Mayor Suarez: All right, fine.
Mr. Gonzalez-Goenaga: I could be because they are the ones who have to give
the example. And they, unless they give the example, the employees of this
City with all the cronyism that is here, then what happens? They become
demoralized. Let's eliminate a lot of things. I can provide you some
eliminations from the knowledge that I have. Let's eliminate, for example,
eight police officers who murdered a human being. Let's eliminate the
soldiers from the police. What we need is the police officers that have to
protect the citizens, but not abuse of the citizens. What we need here are
good police officers and I am not blaming the Chief of Police - although he's
ultimately responsible and he wasn't present - but we must do something
because this is not Iraq, this is not any other of those revolutions. We need
police officers. We do not need in this town, soldiers. Otherwise, is going
to be a war. You against us. That's no good. We want to cooperate. The
community wants to cooperate, but the police officers has to cooperate also.
Let's eliminate and let's recover the $150,000 we're still missing. And I am
not blaming the Chief of Police now. I am blaming these Commissioners that
after so many years, except for Mrs. Alonso and I think Mr. Plummer, you have
done nothing. Is this a coverup? Do I have to tell Dexter Lehtinen? We need
ten Dexter Lehtinens in Miami, not one. Ten of them! Let's eliminate also
the cronyism. I have read in the paper something, and I'm sure that there are
much more than that, they are not even satisfied with 40,000 more dollars.
They want a little bit deeper. And they commit fraud, or alleged fraud. So
that's why this letter I hope is answered as soon as possible. And after
that, I will go...
Mayor Suarez: Why don't we put that into the record to make sure that the
City Clerk has it. And wrap up, Mr. Gonzalez...
Mr. Gonzalez-Goenaga: Yes, everybody has it. Signed by all these which I
will read into the record if you allow me.
Mayor Suarez: No, no, just put into the record, because you're running out of
time, and I have a feeling you want to say probably another 30 seconds or so -
twenty-eight.
Mr. Gonzalez-Goenaga: And let's eliminate the privileges. Let's eliminate
some of the secretaries here because this I know by personal knowledge, that
they spend in the Mayor's office, most of the time gossiping. And I can
testify as to that. And the corridors of this .ity Hall are claiming that I
cannot be heard because I am "nuts." I want to tell everybody here and all
the department heads...
Vice Mayor Plummer: For shame.
Mr. Gonzalez-Goenaga: ...that I might have to agree with you that I am
"nuts," but I am not dumb.
339 September 11, 1991
.............
Vice Mayor Plummer: That's horrible. CHISMOSO.
Mr. Gonzalez-Goenaga: So please, I again say, respect, respect, and I need an
answer to the letters. And please, if you don't respect me, I guarantee you
that I will raise this community against all of you. And remember, you are
employees, and everybody here, and all of the members of this department and
the City of Miami, are employees of the people, not the owners of the City of
Miami - including Mr. Odio and you five Commissioners.
Mayor Suarez: All right, sir, thank you.
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Suarez: Commissioners, we need a motion on item 50A, which is the
millage rate. Commissioner Alonso, I don't know if you were formally moving
that or...
Commissioner Alonso: Yes, I was.
Mayor Suarez: ...OK, we have a motion to...
Commissioner Alonso: And I do it again, 9.411.
Mayor Suarez: ...set the millage rate at 9.411. Do we have a second on that
motion?
Vice Mayor Plummer: Mr. Mayor, I will not second that motion at this hearing.
I think that we have to look through and fully understand of all of the
questions that have to be answered. I thick everyone sitting at this
Commission table would love to reduce the millage. And before I could vote to
reduce it, and I cannot vote to increase it, I want the justifications that
are necessary from the questions that have been asked today. At the second
hearing, if we can find and demonstrate where w,: can lower the millage, then
that's, I think, the proper place to do it. But today, to drop it with so
many questions unanswered, I think that we have to wait and look - and I'm not
indicating for one minute that I will say to lower it at the second hearing -
but I think that is really the place to do it. If we can find fat or we can
find surplus, then we reduce it then and it stays reduced. I would hate to
take and reduce it today, and find out that we nied more money between now and
the next hearing and not be able to increase it back up. It's a good idea. I
think we would all love to be able to do it, but I think if we're going to do
i
it, we've got to do it at the second hearing.
Mayor Suarez: All right, do we have a motion on adopting the tentative
millage rate then? Another motion? No, I'm sorry, do we have a second on
that? Let me call it twice.
Commissioner Dawkins: Yes, I'll - discussion. I feel too that we have a
problem and I'm going to - I second the motion - and I'm going to vote against
the motion. But I want the Manager to understand that I share Commissioner
Alonso's feelings because I have sat here, I knov for the last five years, and
been the only one to vote which says, you tell tte public that you're reducing
their taxes by reducing the millage, when in rf:ality, you were getting more
money because the tax assessor raised the valuation on everybody's property
340 September 11, 1991
within the City of Miami. Therefore, the Dade County Tax Assessor produced
more taxes for the City of Miami, so we really and truly did not cut anybody's
taxes. So I want the Manager, for my vote, not to vote with Commissioner
Alonso to reduce the millage, to show me where you have factored in the
increased valuation of my property by the Dade County Tax Assessor. And show
me how you factored that into the budget to arrive at the millage that we now
have. If you cannot show me that, then I would 1,ave to vote with Commissioner
Alonso in saying that it's a farce. You're trying to hoodwink the public,
and, therefore, you really should pass the whatever rate that Commissioner
Alonso has proffered.
Mayor Suarez: OK, on the motion seconded, duly seconded. Do we have any
further discussion? If not, please call the roll on the motion.
ON MOTION DULY MADE BY COMMISSIONER ALONSO AND
SECONDED BY COMMISSIONER DAWKINS, THE ABOVE MOTION
FAILED TO PASS BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: Yes - No.
Vice Mayor Plummer: For the reasons so stated, I vote no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: I'll entertain a motion at another level that, hopefully, will
pass, the tentative millage rate.
Vice Mayor Plummer: Mr. Mayor, based on my comronts previously, I don't think ~'
this is the time to change the millage rate. I would love to be able to sit
here and reduce it, but I think if it's to be done, it's to be done at the
second hearing after we've gone through and heard from the public in every
instance, as to what they think this budget should contain. And I think, at
this particular point, we have no other alternative at this hearing than to
that which we had adopted previously of the mill,ige rate of 9 point...
Mr. Surana: Five nine nine five.
Vice Mayor Plummer: Right.
Mr. Surana: And debt service 2.3308.
Vice Mayor Plummer: OK. And, Mr. Mayor, I...
341 September 11, 1991
Commissioner Dawkins: So, that's eleven, one point one.
Mayor Suarez: The total combined - just f)r purposes of Commissioner
Dawkins - answering that question.
Mr. Surana: Eleven, point nine three oh three.
Commissioner Alonso: See?
Commissioner Dawkins: See, that's the... pardon me, Mr. Mayor, but you see,
that's the point that Commissioner Alonso was making. You stand up here and
tell me the millage is nine nine nine, but in reality, it's one point one.
Mayor Suarez: OK. So moved. Do we have a seccid?
Vice Mayor Plummer: I withdraw my motion.
Mayor Suarez: Do we have a second on the motion to set the millage rate at
9.599, whatever it was last year? If not, I'll second it.
Vice Mayor Plummer: I was scared of that.
Commissioner De Yurre: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-671
A MOTION ADOPTING THE CITY OF MIAMI TENTATIVE MILLAGE
RATE FOR FISCAL YEAR OCTOBER 1, 1991 TO SEPTEMBER 30,
1992 AT 9.5995, AND THE DEBT SERVICE RATE AT 2.3308.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I have to vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: We have to, at this point, adopt the amended tentative budget,
which has been presented to us with a total operating amount of what?
342 September 11, 1991
Mr. Surana: Two hundred seventy-three million, five hundred seventy-five
thousand, oh fifty-six. ($273,575,056.00)
Mayor Suarez: I'll entertain a motion...
Vice Mayor Plummer: Let me ask for the record.
t_
Mayor Suarez: Yes. `-
Vice Mayor Plummer: You always come out in the paper with a figure that the
average home pays "X" number of dollars. What is the figure this year over
last year? Did I see somewhere that it was $8 or $12 more per household?
Mayor Suarez: No, it would be $40 some dollars more, I think. He's talking
about the average house.
Commissioner Alonso: You are the only citizens in Miami, and then we'll have
to investigate you.
Mr. Odio: I'm paying more taxes.
Vice Mayor Plummer: Well...
Commissioner Alonso: No, then you are like the rest of us.
Vice Mayor Plummer: Yes, you see, where this whole system falls apart that
hasn't even been touched on today, is the fact that there is a state law that
is absolutely laughed at. And that state law is that every property shall be
assessed at 100 percent.
Mayor Suarez: It was a great idea at the time.
Vice Mayor Plummer: No way, shape, or form.
Mayor Suarez: It helped the rural areas of the state, and it killed the urban
areas.
Vice Mayor Plummer: It is estimated by people who are in the know who would w�
never come out and say it publicly, that at best, properties in Dade County
are assessed at 68 percent. And that's why we have this flip flop all of the
time where we get increases and decreases and this, that and the other thing.
Commissioner Alonso: It's according to what the County needs. If they need
more money, the properties go up.
Vice Mayor Plummer: God forbid, they're 47 million shy this year.
Commissioner Alonso: The citizens will have to demand that a board be
created, and that the person in charge of that board respond directly to us
citizens of Miami. And that will be the only way - citizens of Dade County -
and that will be the only way that we wi11 be able to control, stop these
increases that make no sense. Properties like Seville Development, they say
in the one hand the County was saying, demolish the properties, and they went
up. Their assessment went up. Something is very wrong. If my property has
343 September 11, 1991
a
to be demolished, how could it go up in price? Are you telling me that the
properties with this kind of market are going up? No way.
Mayor Suarez: Do we have an answer on the question of the average increase on
the average home, whatever that is, and however !.hat is defined?
Mr. Surana: It will be $77,646...
Commissioner Alonso: Excuse me?
Vice Mayor Plummer: I can't hear you.
Mr. Surana: All right. The average value of a home for next fiscal year is
$77,646...
Vice Mayor Plummer: That's not my question. My question is...
Mayor Suarez: What is the taxes, and what is thE. tax increase on that average
home?
Mr. Surana: The average home will go $42.
Vice Mayor Plummer: Forty-two dollars.
Mr. Surana: Yes.
Commissioner Alonso: Yes. It means it's more.
Vice Mayor Plummer: OK.
Commissioner Alonso: Forty-two, it's more.
Mayor Suarez: All right, folks, it's a theoretical question, theoretically
answered, but it does bear some resemblance to reality. There are some homes
throughout the City that, in fact, have undergone that kind of an increase.
Vice Mayor Plummer: Damn City Attorney brings chis candy, and I've got bugs
everywhere.
Mayor Suarez: I'll entertain a motion on the a m eral operating budget of the
City as stated...
Vice Mayor Plummer: I've already told him.
Mayor Suarez: ...at two hundred and whatever million it was. Mano, thank
you. Just put it in the record the general operating budget at what? -272?
Commissioner Alonso: That's the total budget.
Mr. Surana: Two hundred, seventy-three million, five seventy-five, oh fifty-
six. ($273,575,056). 4
Mayor Suarez: OK, I'll entertain a motion on thcit as a tentative budget.
344 September 11, 1991
1E
Vice Mayor Plummer: Is that item fifty-one?
Mayor Suarez: Fifty-one D...
Vice Mayor Plummer: No, that's... we've done 51,
Mayor Suarez: Fifty D five.
Commissioner Dawkins: Fifty three one...
Vice Mayor Plummer: What number? I'm sorry.
Mayor Suarez: I'm following 50, item 50, section D and number five under
that. Adopt the amended tentative budget, before we go into any ordinances.
Understanding again that that can be changed, mo,,ed around, modified on second
reading. Yes, Mano?
Mr. Surana: On item 51, millage. I think they nave to get the title for the
record.
Mr. Jones: He's still on five. The Mayor's still on five. On 50-D.
Mayor Suarez: Five.
Mr. Jones: Five.
Mayor Suarez: I'm following your scheme there as you put it on the agenda, if
that's...
Vice Mayor Plummer: Well, we've already done of D, haven't we already done
one and two?
Mayor Suarez: We've done everything. We've done everything up to five, yes.
Mr. Surana: Right.
Vice Mayor Plummer: Adopt the amended... but we didn't amend the budget.
Mr. Surana: We just adopted it as it is then.
Vice Mayor Plummer: What?
Mayor Suarez: The tentative budget then.
Mr. Surana: The tentative budget, as it is.
Mayor Suarez: Is this the correct time to adopt F, budget or not?
Mr. Surana: Yes, sir. Yes, sir.
Mayor Suarez: Thank you.
Commissioner Alonso: And this is... It's very confusing.
345 September 11, 1991
Mayor Suarez: Right. I guess it envisions that there may be amendments. OK,
I'll entertain a motion on the budget.
Vice Mayor Plummer: You know, well...
Mr. Jones: We11, Mr. Mayor, remember, you have to take the... fix the
millage, that one has to come before the budget is approved.
Mayor Suarez: We just did.
Commissioner Alonso: They just did.
Vice Mayor Plummer: We've already adopted the millage on first reading.
Unidentified Speaker: It's an ordinance.
Vice Mayor Plummer: Well, then, read it.
Mayor Suarez: Tell us whatever steps we need to Follow.
Commissioner Alonso: Oh, we even took a vote.
Mr. Jones: OK.
Mayor Suarez: We voted on the millage rate. It's been set.
-------------------------- ----------- --------- -•------------------------------
68. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS FOR THE
CITY OF MIAMI FOR TAXATION PURPOSES - FIX MILLAGE AND LEVY TAXES FOR
FISCAL YEAR OCTOBER 1, 1991 TO SEPTEMBER 30, 1992.
-------------------------------------------------------------------------------
Mr. Jones: Now the ordinances need to be read.
Mayor Suarez: All right, before we adopt the tentative budget, that's fine.
Go ahead and read the ordinance, and we will pass the ordinance on the millage
rate.
Vice Mayor Plummer: That's what I just asked.
Mr. Jones: Oh, OK.
Vice Mayor Plummer: He said no. So we're now in item 51.
Mayor Suarez: The next ordinance I see is item 51 is to finding and
designating the territorial limits for the City.
Commissioner Alonso: What happened to the budget?
Mayor Suarez: They're trying to tell me, I guess, that we don't need to pass
the budget at this point.
346 September 11, 1991
Commissioner Alonso: What happened to the budge'? It has not been...
Mr. Surana: We have to.
Vice Mayor Plummer: That's fifty...
Mayor Suarez: We do have to.
Mr. Surana: Yes.
Mayor Suarez: I'll entertain a motion on the budget. Folks, the order of
these things is not the most important thing in the world, I guarantee you,
but it says there, to amended budget... I mean, to adopt a budget. Please,
somebody move the budget.
Vice Mayor Plummer: I$fyou're asking to move item 51, 1 move item 51.
Mayor Suarez: No, 50D-5, the tentative budget.
Vice Mayor Plummer: How does the...
Mr. Surana: Commission, we...
Vice Mayor Plummer: How does 50D-5 differ from 52?
Mayor Suarez: All right, whichever it is that we need to do next. Please!
Mr. Surana: If I may clarify. OK. You already voted on item 51, which is
the millage.
Mayor Suarez: All right.
Mr. Surana: And I guess they have to do the ordinance for the records. Why
don't you read the ordinance.
Commissioner Alonso: Why can't they guide us?
Mr. Surana: Go ahead. Go ahead, read the ordinance for...
Mayor Suarez: Trying to follow state law, I guess, and it's a little
complicated...
Mr. Surana: Go ahead.
Mayor Suarez: ...but tell us what the next step -.s, please, so we can move on.
Mr. Jones: We need to read the ordinance on 51.
Mr. Surana: OK, read it. Go ahead.
Mayor Suarez: All right, read the ordinance on M .
THEREUPON, THE ACTING CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
347 September 11, 1991
Mr. Surana: OK, I... let's adopt item 52 now.
Mayor Suarez: We have not even voted on 51. We don't even have a motion and
a second. May I have a motion as before on that, Vice Mayor Plummer?
Vice Mayor Plummer: On 51, I move it.
Mayor Suarez: I second. Would you call the roll on the ordinance, Madam City
Clerk.
AN ORDINANCE ENTITLED -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992;
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Mayor Suarez and
was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: On 51, I vote yes.
Ms. Hirai: Fifty-one, Commissioner.
Mayor Suarez: The ordinance on the millage rate and territorial limits of the
City.
348 September 11, 1991
--------------------------------------------------------- -------------------
69. FIRST READING ORDINANCE: MAKE APPROPRIATIONS FOR CITY OF MIAMI BUDGET FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1992.
Mayor Suarez: OK, 52 then is first reading of the ordinance making
appropriations for fiscal year ending September 30th, 1992, which is to say,
basically, adopting the...
A. Quinn Jones, III, Esq.: Tentative budget.
Mayor Suarez: ...the tentative budget. I'll entertain a motion on that. On
52, J.L., I'll entertain a motion...
Vice Mayor Plummer: No, sir, I'm voting against this.
Mayor Suarez: All right, understanding that you don't need to vote for the
millage rate, but you vote for the appropriations so we get a majority. I'll
entertain a motion. I'll plead for a motion from Commissioner Alonso or...
Commissioner Alonso: No, I'm going to vote no.
Mayor Suarez: OK, I'm down to :wo others. I will plead for Commissioner
Dawkins to move this, and Commissioner De Yurre to second it so we may...
Commissioner Dawkins: I don't know how I'm going to vote. I got to hear it
before I make up my mind.
Mayor Suarez: This is on the tentative budget. You may make modifications,
vote for modifications on second reading.
Vice Mayor Plummer: Well, wait a minute, wait a minute. I've just been
reminded. Voting for it today still got the shot at you in the second
reading?
Mayor Suarez: You sure do. You can move around things, you can...
Commissioner Alonso: Very much so.
Vice Mayor Plummer: All right, it's perfunctory. I mean, I'm going to read
about it's locked in stone in the paper in the morning, but it's perfunctory.
Mayor Suarez: Perfunctory motion by...
Vice Mayor Plummer: I'll do anything to screw up Carl's article, so I'll move
it. I'll move it.
Mayor Suarez: So moved.
Vice Mayor Plummer: I mean, you know, somebody that the editorial board makes
five recommendations, only wins one. What the hell, why not?
349 September 11, 1991
Mayor Suarez: So moved. Do you want to second? Seconded, Commissioner De
Yurre. Read the ordinance, please. Call the roil.
Vice Mayor Plummer: Scared you, didn't I1
AN ORDINANCE ENTITLED -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1992; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Well, hey, I'm voting and very clearly, I want it
understood that if major changes that I think need to be made are not made, my
vote is going to be negative on the second go around. I'm going to vote yes
today because it's perfunctory. It means nothing until second reading.
Commissioner Dawkins: I don't know what J.L. did, but I have not been to one
budget hearing, I don't know what's in it. I'll vote no.
-------------------------------------------------•-----------------------------
70. (A) DESIGNATE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR
DOWNTOWN DEVELOPMENT DISTRICT - ADOPT AMENDED TENTATIVE BUDGET.
(B) FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS
OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI - FIX
MILLAGE AND LEVY TAXES FOR FY OCTOBER 1, 1991 TO SEPTEMBER 30,
1992.
------------------------------------------------------------------------------
Mayor Suarez: Item 53.
Vice Mayor Plummer: Can I change my vote?
Unidentified Speaker: No.
350 September 11, 1991
Mayor Suarez: Discussion of proposed millage rate and tentative budget for
the Downtown Development Authority.
Unidentified Speaker: No, I don't want to talk on that.
Mayor Suarez: I'll entertain a motion to fix the millage rate for the
Downtown Development Authority. Just the millage rate, and then we can get
into the budget. The millage rate, by law, can...
Joel Maxwell, Esq.: Yes, sir.
Mr. Matthew Schwartz: Half mill.
Mayor Suarez: ...the maximum is half a percent.
Mr. Schwartz: Half mill.
Mayor Suarez: Half a mill rather.
Vice Mayor Plummer: Ahal What?
Mr. Schwartz: Half mill.
Mr. Maxwell: Half a mill.
Vice Mayor Plummer: That's just to approve the millage?
Mayor Suarez: Right, please.
Vice Mayor Plummer: Move it.
Mayor Suarez: Let's do that first. Moved, the ,calf mill as the millage rate.
Commissioner Dawkins: Seconded.
Mayor Suarez: Thank you. Any discussion? If not, please call the roll.
Mr. Maxwell: The ordinance has to be read, sir.
Mayor Suarez: Oh, I'm sorry, read the ordinance. Call the roll.
351 September 11, 1991
9
AN ORDINANCE ENTITLED -
AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF TF'E CITY OF MIAMI,
FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30,
1992, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF THE
NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE
AND THE TAXES LEVIED HEREIN SHALL LE IN ADDITION TO
THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS
REFLECTED IN THE CITY'S MILLAGE-LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY
CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS
ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING
ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES
BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION
THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner 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.
352 September 11, 1991
i
------------------------------------------------------------------------------
71. FIRST READING ORDINANCE: MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT
DISTRICT AD VALOREM TAX LEVY FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1992.
------------------------------------------------------------------------------
Mayor Suarez: Clarification on the next item which actually makes
appropriations with Downtown Development Authority. If this Commission were
inclined to want additional information, clarification or modifications of the
DDA budget, how could we do it and still meet t-Le deadline without having any
other hearings in September that the law requires that we have an approved
budget...
Vice Mayor Plummer: Well, they've got to make their changes before second
reading.
Joel Maxwell, Esq.: Correct.
Mayor Suarez: OK. Do you want to approve it on first reading, subject to
that?
Vice Mayor Plummer: Mr. Mayor, I...
Commissioner Dawkins: I don't want to approve anything for them because I do
not like their Affirmative Action over there. I don't want to approve nothing
for them.
Mayor Suarez: I understand, I understand.
Vice Mayor Plummer: Well, let me give you my opinion, all right? I have no
intentions of paying back to the Downtown Development Authority the $75,000
for the homeless. I think they need to make adjustments in their budget that
they're going to eat that amount of money. I don't know of a higher priority
for Downtown Development than that. And if they don't make that adjustment,
they've lost my vote. That's just one item in their budget.
Mayor Suarez: OK, I think that's a good...
Vice Mayor Plummer: That's an example.
Mayor Suarez: ...caveat. Commissioner Alonso.
Commissioner Alonso: Yes, I agree with Commissioner Plummer and also I would
like to add that - and I will move for approval of the budget on first reading
with many changes that they will have to go through - provided that they work
with Brickell Avenue Association and make the a,ljustments to meet the request
that as presented to them.
Mayor Suarez: Matthew, I think the message is ':hat there is a heck of a lot
of work to be done before second reading before this Commission is satisfied
as to the proper allocation of those funds.
353 September 11, 1991
0
0
Commissioner Alonso: And I suggest he meet with each of us individually...
Mayor Suarez: Yes.
Commissioner Alonso: ...so we can kind of arrive to some sort of
understanding and really see that you have taken into account the points as
requested by us.
Ms. Annette Eisenberg: One minute. Me.
Mayor Suarez: OK, public input, Miss Eisenberg. And you're a member of the
board too.
Ms. Eisenberg: Nothing to do with the DDA (Do.intown Development Authority).
I'd like, just as a citizen. So if you...
Mayor Suarez: On what issue though? -because we're on DDA.
Ms. Eisenberg: The issue of money. Not on DDA, I've been standing here a
long time.
Commissioner Alonso: She's been trying for some time now.
Mayor Suarez: OK, we should have taken you up before.
Ms. Eisenberg: Sure, you should have.
Mayor Suarez: Go ahead and make your comment.
Ms. Eisenberg: You know, I'm sitting here and listening - my name's Annette
Eisenberg. I'm sitting here and listening to you Commissioners agonizing
about the budget money, and I can sympathize with you. I'll pay the tax rate
and the millage rate that you say, as I have fcr 40 years, as we have for 40
years. But during the course of the year I hear you giving away money like
crazy. A million dollars here, six hundred thousand dollars here. When
you're giving this money away, even though it's a wonderful cause...
Mayor Suarez: Remember...
Ms. Eisenberg: ...consider - it's CD (Community Development) money - I don't
care what money it comes from. CD money is n.eant for the City of Miami,
whether it be homeless, whether it be the streets, whether it be sewers...
Mayor Suarez: No, no, no, no, not quite.
Ms. Eisenberg: I know what CD money should go fcr.
Mayor Suarez: Not quite.
Ms. Eisenberg: I also know how it's adjusted.
Mayor Suarez: We may not use community development monies just to outdo the
general operation of the City.
354 September 11, 1991
Ms. Eisenberg: Sweetie, I've been doing CD before you were the Mayor and the
Commissioners. But I ask you to...
Mayor Suarez: Weil, not all of it properly if you used it for ... anyhow, go
ahead, Annette.
Ms. Eisenberg: OK. But you give away money without really thinking about how
it could better the citizens of Miami. There ,ire things within the purview
that could help the City, help the citizens of Miami. And you don't stop.
You don't... what about the $600,000 loan you made? Have you gotten one cent
of it back?
Mayor Suarez: Yes, of course, we've gotten a lot of it back.
Ms. Eisenberg: You'�!p (,otten it back?
Mayor Suarez: Oh, yes.
Ms. Eisenberg: Fine, then let us know about it. Let us commend you for what
you're doing.
Mayor Suarez: I was going to ask you if there was a single expenditure that
you could...
Ms. Eisenberg: No, no, it's a lot of expenditures.
Mayor Suarez: All right.
Ms. Eisenberg: Just every time you make an expenditure of a large amount
during the year, think about how you're sitting and agonizing tonight to find
money for the budget in the City of Miami. And then stop to say, how is it
going to help the citizens.
Mayor Suarez: I'll tell you one that I regret. The only one that I regret -
and I should have listened to Commissioner Dawkins - is on computers and on
the phone system. Horrendous idea. We had a great phone system, it worked
perfectly well. And we spent, I don't know how much money, on a new phone
system. Now I find out that if there are three -:alls coming into my office...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC R,:CORD.
Mayor Suarez: ...we'll get a busy signal. Even though before, on the rotary,
you would have to have 8 calls at the same time, which was statistically
almost impossible.
Ms. Eisenberg: OK, but that was a mistake that 4as made and can be rectified.
Mayor Suarez: Not only that, they then changed the number on me too, so...
Ms. Eisenberg: Oh, my God! Just think about, all through the year when you
allocate money, to causes...
Mayor Suarez: There's not too many others that I've found up here.
355 September 11, 1991
Ms. Eisenberg: OK, I will...
Mayer Suarez: Every once in a while, we get...
Ms. Eisenberg: I will monitor it this year.
Commissioner Alonso: We get carried away sometimes.
Mayor Suarez: Every once in a while, there's an issue that they grip our
hearts, and something...
Ms. Eisenberg: Oh, yeah...
Mayor Suarez: ...yes.
Ms. Eisenberg: WelI, grip my pocketbook when I pay my taxes, OK? I'll pay
you whatever it takes for me to live in a safe, clean City.
Mayor Suarez: But, you have to be... you're going to have to be specific.
Ms. Eisenberg: No, I'm not going to be specific and start a lot of problems
here.
Mayor Suarez: Ah, you don't want to hear from the ones that got the funds.
OK.
Ms. Eisenberg: Ahhh. But I will pay whatever it takes, whatever you tell me
I have to pay, because I got my tax assessments. And it's higher. And I
don't care. I do resent the school and I do resent the County, but I'll pay
my City taxes. But don't squander money during the year because there are
watchdogs out there, and we ask you to put the money back into making the City
of Miami a better place to live in.
Mayor Suarez: OK, Annette, thank you. On 54, did we have a motion and a
second, I believe? -do we? Is it 54 or 55?
Ms. Hirai: I just need a second, Mr. Mayor.
Mr. Maxwell: This is 55.
Mayor Suarez: Fifty-five.
Ms. Hirai: Yes. Commissioner Alonso moved it. I need a second.
Commissioner Alonso: Yes, I moved.
Ms. Hirai: Yes. I need a second.
Mayor Suarez: Lynn Lewis. We are going to now... built into this motion is a
major, major reconsideration of the Brickell situation as proposed by
Commissioner Alonso. Do you need more than that at this point? Or do you
trust us to carry that out between now and seconc reading?
356 September 11, 1991
�s •
Ms. Lynn Lewis: I trust you, I trust the DDA board and the executive
director. We thank you, and we support the process of going forward and
working with them. If it doesn't, we'll see you at second reading.
Mayor Suarez: Thank you, ma'am. Call the roll I mean, read the ordinance.
Mr. Maxwell: Mr. Mayor, the ordinance is being passed on first reading, and
1t should be considered that the... those are instructions to the staff and to
DDA. The ordinance is not being passed subject to...
Mayor Suarez: Absolutely. I understand that the ordinance itself is not
modified.
Mr. Maxwell: OK, yes.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1992; AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT
AUTHORITY TO INVITE OR ADVERTISE REQUIRED BIDS;
PROVIDING BUDGETARY FLEXIBILITY; PROVIDING THAT THIS
ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO
THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1992, FOR THE OPERATIONS OF
THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the membr:rs of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
357
September 11, 1991
I
Vice Mayor Plummer: Wait a minute, I'm sorry. I don't understand this. I
don't understand it. In addition to their point five, they're going to get ad
valorem tax levy?
Mr. Schwartz: No.
Mr. Maxwell: No, sir, what's being said here is this ordinance that the point
five that they get is in addition to any other City levies or special
assessments. The City has it's point nine something...
Vice Mayor Plummer: Why do we want to give them more money?
Mr. Maxwell: They're not saying that they're getting more. They're just
saying this is clarifying that this is in addition to the City's levy.
Mayor Suarez: That the taxpayers who are paying this are also paying the
regular City levy.
Vice Mayor Plummer: OK, all right, all right. All right, I vote yes.
Mr. Maxwell: And they also special assessments related to that.
72. CONTINUE PROPOSED RESOLUTIONS: (a) AUTHORIZING TRANSFER OF $350,000 TO
DDA AS ADVANCE PAYMENT OF AD VALOREM TAXES, (b) APPROVING DEPARTMENT OF
OFF STREET PARKING BUDGET FOR FY 192; (c) APPROVING DEPARTMENT OF OFF
STREET PARKING BUDGET FOR FY 192, TO PROVIDE FOR OPERATION OF THE GUSMAN
CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING; (d) APPROVING FY
1990-91 BUDGET FOR SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT DISTRICT
TAX INCREMENT TRUST FUND; AND (e) APPROV NG FY 1991-92 ADMINISTRATIVE
BUDGET OF THE MIAMI SPORTS AND EXHIBITION AL'THORITY.
Mayor Suarez: Item 56 is a loan as per other years.
Vice Mayor Plummer: Move to defer.
Mayor Suarez: Move to defer.
Vice Mayor Plummer: It's a resolution. It's not. an ordinance. We can handle
it at the second reading.
Mayor Suarez: Do we have a second?
Commissioner Alonso: Second, yes.
Mayor Suarez: Second, thank you. Call the rol' on the motion to defer.
Vice Mayor Plummer: I'm going to do the same on 57 and 58 if you want to
handle... and 59 and 60. Since they're all reso'utions, we can handle them at
the second reading.
358 September 11, 1991
Mayor Suarez: OK, is that correct, Mr. City Attorney? We're OK on that?
Vice Mayor Plummer: They're all resolutions.
Commissioner Alonso: Yes.
Commissioner Dawkins: But, I'd like to put on the record now.
Mayor Suarez: Yes, and I want to put a couple of things real quick too. Go
ahead, Commissioner Dawkins.
Commissioner Dawkins: Fifty-seven and 58, I'm going to be discussing at
length what I think is a racist way that the Off Street Parking selected the
director. And that's Miller Dawkins' opinion.
Vice Mayor Plummer: Do you want to do it tonight or at the next meeting?
Commissioner Dawkins: No, no, no. I don't have the time to do it tonight.
Vice Mayor Plummer: OK.
Commissioner Dawkins: But, I want it understood that, Mr. Mayor, I would like
time...
Mayor Suarez: Absolutely.
Commissioner Dawkins: ...to discuss that...
Mayor Suarez: Selection process.
Commissioner Dawkins: Plus the budget also.
Mayor Suarez: Let's take up the deferral of each item one by one.
Vice Mayor Plummer: Do we have to do it individually?
Mayor Suarez: I think so. And I want to put sonething on the record as to 57
and 58 specifically.
Vice Mayor Plummer: Do we have to do resolutions individually?
Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: Move 57.
Ms. Hirai: No.
Commissioner Alonso: Second.
Vice Mayor Plummer: I'm sorry.
Mayor Suarez: Wait, we have to vote on the deferral of item 56.
Vice Mayor Plummer: Of 56 first. I move it.
359 September 11, 1991
Mayor Suarez: Please call the roll.
Commissioner Alonso: Second.
Mr. Maxwell: This is all items on the agenda, is it not?
Mayor Suarez: We have a motion and a second alr!ady to defer that.
Ms. Hirai: Yes, all of them, all of them.
Commissioner Alonso: Can we do it together?
Mayor Suarez: I want to do them separately, plei:se.
Ms. Hirai: Oh, all right, sir.
Mayor Suarez: On 56.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER ALONSO, ITEM 56 WAS DEFERRED TO THE
SEPTEMBER 26, 1991 COMMISSION MEETING BY THE FOLLOWING
VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: Move 57 defer.
Commissioner Dawkins: Second.
Mayor Suarez: Fifty-seven moved to defer and seconded. Quickly, Jack. Is he
here?
Ms. Hirai: Commissioner Alonso...
Commissioner Dawkins: Wait a minute.
Mayor Suarez: No, wait, wait, I have discussici on this. Jack, in addition
to the remarks by Commissioner Dawkins which he intends to go into at length
at the second hearing - actually it will be the only hearing on this - let me
give you specifics very quickly.
Vice Mayor Plummer: You hope.
Mayor Suarez: You've got an increase in exp!nditures proposed from this
fiscal year to next fiscal year of roughly $40c.,000 which is 6.7 percent of
360 September 11, 1991
the budget. I'm going to want to know why that increase. It seems to be
extremely high. You've got revenues going down from '91 to 192 or to refer to
them simply by those years. For the Arena lots, from 1.35 million to 904.
And on the other hand, you've got revenues going up for other lots, from 1.782
million to 2.03. I don't know if that's some juggling around or
recategorization of lots. I want to know how the FEC lot fits into all of
that scheme. I've never heard where that money went to, and I would have
thought it would be back to us. The salary proposed for the executive
director that was appointed by a process that we're going to go into at the
next Commission meeting, seems to be $93,400, urless I'm misreading something
here. You know what they used to say about tfe Senator from Hawaii in the
Watergate hearings, "Ain't no way." All right? You can tell him that for me.
They've got a deputy executive director at $81,370. "Ain't no way." And
you've got another person at $80,000. Those are just some comments. Please
convey them, and get them ready. I don't know if you're going to be the one
handling the hearing, or your successor.
Mr. Jack Mulvena: Oh, yes.
Mayor Suarez: Maybe you ought to bring him along. On 57, we have a motion to
defer. It's been seconded. Call the roll.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER DAWKINS, ITEM 57 WAS DEFERRED TO THE
COMMISSION MEETING OF SEPTEMBER 269 19919 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: Now that Mulvena won't sleep well, I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: On 58 we need a motion to defer.
Commissioner Dawkins: Move.
Vice Mayor Plummer: Move it.
Mayor Suarez: Seconded. Call the roll.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER DAWKINS, ITEM 58 WA3 DEFERRED TO THE
SEPTEMBER 26, 1991 COMMISSION MEETIN( BY THE FOLLOWING
VOTE:
361 September 11, 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.
Vice Mayor Plummer: Fifty-nine, move to defer.
Mayor Suarez: Move to defer.
Commissioner Alonso: Second.
Mayor Suarez: Fifty-nine, second. Call the rol .
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER ALONSO, ITEM 59 WAS DEFERRED TO THE
SEPTEMBER 26, 1991 COMMISSION MEETING BY THE FOLLOWING
VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: Move to defer 60.
Commissioner Dawkins: Second.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Dawkins: I'm going to move to deny it.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER ALONSO, ITEM 60 WAS DEFERRED TO THE
SEPTEMBER 26, 1991 COMMISSION MEETING BY THE FOLLOWING
VOTE:
362 September 11, 1991
s �
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: Mr. Mayor...
Commissioner Dawkins: And I commend the Mayor for getting us out of here at
9:00 o'clock.
------------------------------------------------------------------------------
73. AUTHORIZE MANAGER TO EXECUTE AND FILE APPPOPRIATE DOCUMENTS RELATED TO
THE WAIVER AND REASSIGNMENT TO METROPOLITAN DADE COUNTY OF TRUST FUNDS
($300,000) PREVIOUSLY APPORTIONED BY DEPARTMENT OF TRANSPORTATION (DOT),
FEDERAL AVIATION ADMINISTRATION (FAA) FOR CITY USE IN CONNECTION WITH THE
WATSON ISLAND AIRPORT.
------------------------------------------------------------------------------
Vice Mayor Plummer: Wait a minute, wait a minute. The Manager says he's got
to have this. Not mine.
Mayor Suarez: OK. It's item that he slipped to you.
Vice Mayor Plummer: This item.
Mayor Suarez: Annette, please.
Commissioner Dawkins: What is it?
Mayor Suarez: Annette, please!
Vice Mayor Plummer: Well, I'll read it to you.
Mayor Suarez: Annette, please, please. You';-e going to have her all to
yourself. Yes.
Commissiioner Plummer:
THEREUPON, VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
I so move.
Mayor Suarez: So moved.
Mr. Odio: This is...
Commissioner Alonso: And what is it?
363 September 11, 1991
Vice Mayor Plummer: This is the monies...
Mr. Odio: This the money we receive from the federal government.
Vice Mayor Plummer: That we didn't use and we're using them and giving them
to airport to make improvements.
Mr. Odio: If we don't use it, they would be lost.
Vice Mayor Plummer: If we don't, it goes back and everybody loses.
Commissioner Alonso: OK, then I second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Dawkins: What else you got to have...
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-672
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AND FILE THE APPROPRIATE DOCUMENTS RELATED TO THE
WAIVER AND REASSIGNMENT TO METROPOLITAN DADE COUNTY,
FLORIDA, OF TRUST FUNDS IN THE AMOUNT OF $300,000
PREVIOUSLY APPORTIONED BY THE DEPARTMENT OF
TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION FOR
CITY USE IN CONNECTION WITH THE WATSON ISLAND AIRPORT
FACILITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk,)
Upon being seconded by Commissioner Alonso. the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre --
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: I want to... Miller! Miller! I want to remind
everybody... Mr. Manager, I want to remind everybody that this is Bob Clark's
last Commission meeting.
Commissioner Alonso: Ahhhhh.
Unidentified Speaker: Maybe, maybe not.
364 September 11, 1991
1
NOTE FOR THE RECORD: It was noted that this was the
last Commission Meeting for Assistant City Attorney
Bob Clark before his upcoming retirement.
Vice Mayor Plummer: I also want to remind everybody that on Friday at noon,
we are not going to bury Bob Clark, we're going to cremate his ass. And
invite everybody to the luncheon of the retirement.
Mayor Suarez: Let the record reflect that he meant to say something different
from that. Mr. Alicino, I know you were interested in the budget of the
Department of Off -Street Parking. It will be considered in full in the next
session. We deferred action on it. All right? We're otherwise...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: They moved to defer. We're other�iise adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:08 P.H.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y O R
365 September 11, 1991