HomeMy WebLinkAboutCC 1991-07-11 MinutesAiN
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(F ['I�G1 IN6 HEW ON JURY 11, 1991
INDEX
MINUTES OF REGULAR MEETING
JULY 110 1991
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
1 ''
SPECIAL ITEMS.
7/11/91
(A) PROCLAMATION: DIA DEL DR. MANOLO
'.
REYES, FOR HIS ENHANCEMENT OF MIAMI'S
IMAGE.
(B) RECOGNITION: DR. MANSEL SMITH, FOR
HIS FINE WORK IN THE COMMUNITY.
2.
ACCEPT DONATION BY RESIDENTS FOR
R 91-484
2-3
CONSTRUCTION OF A CONCRETE WALL TO
7/11/91
CROSS NATOMA STREET, TA-LU-GA DRIVE AND
ALATKA STREET AT THEIR INTERSECTION
WITH SOUTH DIXIE HIGHWAY - INSTRUCT
PUBLIC WORKS TO PROCEED WITH NECESSARY
WORK.
3.
(A) DIRECT CITY ATTORNEY TO PREPARE
M 91-485
3-6 '
LEGISLATION STIPULATING THAT, IN
7/11/91
FUTURE, ALL PUBLIC HEARINGS SHOULD
START AFTER 4:00 P.M. - COMMISSION
DIRECTS MANAGER TO MAKE SPECIAL EFFORT
TO MEET WITH THEM TO FULLY APPRISE THEM
OF ITEMS ON EACH FORTHCOMING AGENDA.
(B) DISCUSSION CONCERNING PRESENT
STANDARDS AND GUIDELINES REGARDING
EXPENDITURE OF LAW ENFORCEMENT TRUST
FUNDS.
(C) CONSENT AGENDA.
3.1
ACCEPT BIDS: (a) SCHINDLER ELEVATOR
R 91-486
7
CORPORATION, AND (b) BROWARD ELEVATOR
7/11/91
MAINTENANCE SALES AND SERVICES - FOR
FURNISHING ELEVATOR MAINTENANCE AT 5
CITY LOCATIONS (for Department of
General Services Administration and
Solid Waste, Property Maintenance
Division).
3.2
ACCEPT BID: STAINLESS METALWORKS,
R 91-487
7
INC. - FOR FURNISHING AND INSTALLATION
7/11/91
OF STAINLESS STEEL COUNTERS AT FIRE
STATION NO. 2 (for Department - of
General Services Administration and
Solid Waste, Property Maintenance
Division).
3.3
ACCEPT BID: LEADEX CORPORATION - FOR
R 91-488
8
CURTIS PARK REDEVELOPMENT - DEMOLITION
7/11/91
PROJECT B-2983-F (Project 331353)
EXECUTE CONTRACT.
3.4 ACCEPT BID: McDONOUGH
COMPANY, INC. - FOR
UNDERGROUND TANK RETROFITTIN
_.
8-5597 - EXECUTECONTRACT.
G
EQUIPMENT R 91-489 8
CITYWIDE 7/11/91
PROJECT
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
4.
5.
6.
NOTIFY BOARD OF COUNTY COMMISSIONERS
AND DIRECTOR OF METROPOLITAN DADE
COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT THAT THE CITY IS
EXERCISING ITS OPTION FOR EXEMPTION
FROM COUNTY'S STORM WATER UTILITY.
AMEND AGREEMENT WITH ANDRES DUANY AND
ELIZABETH PLATER-ZYBERK, ARCHITECTS,
INC. = INCREASE AMOUNT BY $20,000 FOR
COMPLETION OF DESIGN, DEVELOPMENT AND
CONSTRUCTION DOCUMENT PHASES CONCERNING
23-UNIT SINGLE FAMILY RESIDENTIAL SALES
HOUSING DEVELOPMENT FOR MODERATE INCOME
FAMILIES ON CITY -OWNED ST. HUGH OAKS
ACADEMY PROPERTY (COCONUT GROVE) - (GIP
321034: SCATTERED SITE AFFORDABLE
HOUSING DEVELOPMENT PROGRAM).
EXTEND CONTRACT WITH MIAMI-DADE
COMMUNITY COLLEGE (M.D.C.C.) FOR CITY'S
RENDERING OF IN-SERVICE FIRE TRAINING
(August 1, 1991-July 31, 1992 - Fire,
Rescue and Inspection Services
Department's GOB).
AUTHORIZE MANAGER TO EXECUTE A CONSENT
TO ASSIGNMENT FOR REVOCABLE PERMIT
ISSUED TO BERNARD POITIER, FOR STRIP OF
LAND IN MORNINGSIDE PARK, TO ENABLE HIM
TO ASSIGN THE REVOCABLE PERMIT TO
MIGUEL BERMEJO.
AMEND RESOLUTION 91-305 TO CHANGE DATE
OF EVENT: MIAMI LOVING MIAMI UNITY
BIKE-A-THON.
GRANT REQUEST BY RENAISSANCE HISTORICAL
SOCIETY OF FLORIDA, INC. FOR CLOSURE OF
DESIGNATED STREETS CONCERNING BASTILLE
DAY EVENT.
ACCEPT PLAT: POINCIANA CLOSE.
ACCEPT PLAT: TWO STALLIONS ESTATES.
(A) APPROVE PURCHASE OF UNDERWATER
VIDEO EQUIPMENT - ALLOCATE FUNDS (Law
Enforcement Trust Fund).
(B) APPROVE PURCHASE OF A TELEPHONE
COUPLER ALLOCATE FUNDS (Law
Enforcement Trust Fund).
(C) AUTHORIZE SPONSORSHIP OF YOUTH
CRIME WATCH OF AMERICA PROGRAM -
ALLOCATE FUNDS (Law Enforcement Trust
Fund)
DISCUSS AND TEMPORARILY TABLE FURTHER
DISCUSSION CONCERNING SPONSORSHIP OF:
DO THE RIGHT THING PROGRAM (at Police
Department) (See label 77).
AMEND RESOLUTION 90-5229 WHICH FUNDED
OPERATING EXPENSES FOR TWO AIR RESCUE
HELICOPTERS - INCREASE OPERATING HOURS
BY 357 - INCREASE ALLOCATED FUNDS BY
$49,980.
R 91-490 B
7/11/91
R 91-492 9
7/11/91
R 91-493 9
7/11/91
R 91-494
10
7/11/91
R 91-495
10
7/11/91
R 91-496
10
7/11/91
R 91-497
11
7/11/91
R 91-498
11-14
R 91-499
R 91-500
7/11/91
DISCUSSION
14-19
7/11/91
_.
R 91-501
19-20
7111/91
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7.
DISCUSSION CONCERNING A SCHEDULED
DISCUSSION
20-21
METROPOLITAN DADE COUNTY WORKSHOP
7/11/01
REGARDING PROPOSED
REDISTRICTING.
8.
AMEND RESOLUTION 59-798* CONCERNING
R 91-602
21-22
DISPOSITION OF WEAPONS PREVIOUSLY
7/11/91
ISSUED FOR INDIVIDUAL USE BY SWORN
POLICE OFFICERS.
9.
EXECUTE PROFESSIONAL SERVICES
R 91-503
22-23
AGREEMENTS WITH: (a) STRATEGIC
7/11/91
INTERNATIONAL INC. ($11j520)9 (b) LARRY
WARD ($MSO), AND (c) CARLOS ZERVIGON
($5,250) - FOR PROVISION OF NINE POLICE
SHARED VISION WORKSHOPS (Law
Enforcement Training Trust Fund).
10.
EXECUTE PROFESSIONAL SERVICES
R 91-504
23-24
AGREEMENT: FLORIDA MEMORIAL COLLEGE -
7/11/91
FOR PROVISION OF TWO 80-HOUR PRE -
ACADEMY ORIENTATION CLASSES ($119000 -
Law Enforcement Training Trust Fund).
11.
APPROVE MOST QUALIFIED FIRM TO PROVIDE
R 91-505
24-27
PROFESSIONAL ENGINEERING SERVICES FOR
7/11/91
OBTAINING A NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT, FOR CITY' STORM SEWER SYSTEM -
DIRECT MANAGER TO PRESENT NEGOTIATED
AGREEMENT TO COMMISSION FOR APPROVAL.
12.
EXECUTE AGREEMENT: THE WYATT COMPANY -
R 91-506
27-28
FOR PROFESSIONAL CONSULTING SERVICES
7/11/91
CONCERNING REVIEW OF THE UNION HEALTH
TRUST OF THE FRATERNAL ORDER OF POLICE,
LODGE NO. 20 - ALLOCATE FUNDS (Police
Department Group Insurance Account).
13.
EXTEND AGREEMENT WITH RAYMOND JAMES &
R 91-507
28-33
ASSOCIATES, INC., AND HOWARD GARY &
7/11/91
COMPANY - FOR PROVISION OF FINANCIAL
ADVISORY SERVICES.
14.
OPEN BIDS FOR SALE OF $7,000,000
R 91-508
33-36 t
SANITARY SEWER SYSTEMBONDS AND
7/11/91
43,000 000 FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITY BONDS.
15.
APPROVE SELECTION OF SAWYER'S WALK LTD.
R 91-509
36-40
AS SUCCESSFUL PROPOSER FOR UNIFIED
M 91-509.1
DEVELOPMENT (UDP) OF CITY -OWNED
7/11/91
PROPERTY (BLOCKS 45, 55 AND 56) IN
F
SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT DISTRICT -
AUTHORIZE MANAGER TO NEGOTIATE LEASE
AGREEMENT (ENSURING 40% BLACK
PARTICIPATION) AND TO PRESENT
NEGOTIATED AGREEMENT TO COMMISSION FOR
FINAL APPROVAL.
Ong
16. (A) COMMISSIONER ALONSO REQUESTS DISCUSSION
ADMINISTRATION TO CHECK INTO 7/11/91
CIRCUMSTANCES SURROUNDING THE DUMPING
OF AUTOMOBILE TIRES ON CITY STREETS -
COMMISSION REQUESTS MIKKI - CANTON
(CITY'S LOBBYIST IN TALLAHASSEE) TO
RESEARCH THE POSSIBILITY OF FILING
LEGISLATION CONTROLLING THE TIRE
DUMPING PROBLEM.
(8) COMMISSION REQUESTS CITY LOBBYIST
TO RESEARCH POSSIBILITY OF ELIMINATING
ANY VISUAL REFERENCES WHICH IDENTIFY
RENTAL VEHICLES, DUE TO RELATED
CRIMINAL TARGETING OF TOURISTS.
17.
18.
19.
20.
EMERGENCY ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND: WAGNER-PEYSER
7(B) DISCRETIONARY FUNDS (FY'91-92) -
APPROPRIATE GRANT FUNDS ($45,000) FROM
STATE OF FLORIDA, DEPARTMENT OF LABOR
AND EMPLOYMENT SECURITY - ACCEPT AWARD
AND ENTER INTO NECESSARY IMPLEMENTING
AGREEMENTS WITH STATE OF FLORIDA.
SECOND READING ORDINANCE: AMEND CODE
SECTIONS 54-47 AND 54-48 (STREETS AND
SIDEWALKS AND CONSTRUCTION AND
REPAIR) - CLARIFY REQUIREMENT OF RIGHT-
OF-WAY DEDICATION PRIOR TO ISSUANCE OF
PERMITS - ELIMINATE REQUIREMENT OF A
COVENANT PRIOR TO ISSUANCE OF PERMITS.
SECOND READING ORDINANCE: AMEND CODE
SECTION 53-135 - ESTABLISH SPECIAL
CHARGES FOR USE OF ORANGE BOWL MEMORIAL
STADIUM AND MIAMI BOBBY MADURO STADIUM
PARKING LOTS.
SECOND READING ORDINANCE: AMEND 10782 -
DECREASE APPROPRIATION FOR: (a) FIRE
APPARATUS REPLACEMENT AND MODIFICATION
BY 191, AND (b) NEW FIRE STATION #12 -
INCREASE APPROPRIATIONS FOR: RENOVATION
OF FIRE 'STATIONS AND OLD DRILL TOWER
(Project 313018 - $570,300) - RESERVE
$1`,000,000 FOR ACQUISITION OF NEW
EQUIPMENT.
21. ALLOCATE $1509000 FOR PROFESSIONAL
LEGISLATIVE CONSULTATION SERVICES BY
HOLLAND AND KNIGHT,'P.A. (DURING FY191-
'92)> - ALLOCATE ADDITIONAL $25,000 FOR
REIMBURSABLE EXPENSES.
22. ALLOCATE $196,445 OF 17TH YEAR CDBG
FUNDS AS FOLLOWS: (a) JEWISH FAMILY
SERVICES, INC., FOR CITYWIDE SENIOR
CRIME 'WATCH `PROGRAM ($47,597); (b) TRI
CITY COMMUNITY ASSOCIATION OF DADE
COUNTY, INC., FOR HOME IMPROVEMENT
PROGRAM ($49,327); (c) DADE EMPLOYMENT
AND ECONOMIC DEVELOPMENT, INC., FOR
GREATER MIAMI SERVICE CORPS ($56,251);
AND (d) BLACK ARCHIVES HISTORY AND
RESEARCH FOUNDATION OF SOUTH FLORIDA,
INC., FOR LYRIC THEATRE REHABILITATION
($43,270) EXECUTE INDIVIDUAL
AGREEMENTS.
ORDINANCE
10897
7/11/91
ORDINANCE
10898
7/11/91
ORDINANCE
10899
7/11/91
4I-44
45-48
48-49
49
23. (A) ALLOCATE $1j743,032 OF 17TH YEAR
CDBG FUNDS FOR APPROVED SOCIAL SERVICE
PROJECTS - EXECUTE AGREEMENTS WITH 24
DESIGNATED COMMUNITY AGENCIES.
(B) DIRECT CITY ATTORNEY TO
INVESTIGATE AS TO WHETHER COMMISSION
CAN INITIATE AND APPROVE REQUESTS FOR
ALLOCATION OF LAW ENFORCEMENT TRUST
FUNDS FOR POLICE -RELATED NEEDS IN THE
COMMUNITY.
(C) DISCUSSION CONCERNING CITY'S
EXISTING BOXING PROGRAMS IN POLICE
DEPARTMENT AND PARKS DEPARTMENT.
(D) DIRECT MANAGER TO IDENTIFY $25,000
PURSUANT TO REQUEST FROM BETTER WAY
FOUNDATION - URGE MANAGER TO MEET WITH
THE GROUP AND REPORT BACK THIS
AFTERNOON. (Note: This item was not
taken up again.)
(E) GRANT REQUEST BY LIONS HOME FOR
THE BLIND FOR RENTAL FEE WAIVER FOR USE
OF OFFICE SPACE AT MANUEL ARTIME
COMMUNITY CENTER CONCERNING ITS SOCIAL
SERVICE PROGRAM.
24.
(A) EXECUTE INDIVIDUAL CONTRACTUAL
AGREEMENTS WITH SIX NEIGHBORHOOD BASED
HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS TO UNDERTAKE ACTIVITIES TO
STIMULATE DEVELOPMENT OF HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME
FAMILIES AND INDIVIDUALS - ALLOCATE
$43,270 TO EACH GROUP (17TH YEAR CDBG
PROGRAM) AS ADMINISTRATIVE FUNDING
GRANT. (Grants went to: (a) CODEC,
Inc.; (b) East Little Havana Community
Development Corporation; (c) St. John
Community Development Corporation; (d)
Tacolcy Economic Development
Corporation; (e) Florida Housing
Cooperative, Inc.; and (f) Wynwood
Community Economic Development
Corporation.)
(B) DISCUSSION CONCERNING ALLEGED
REMOVALOF .OAK TREES FROM ALLAPATTAH
MINI -PARK SITE (See label 61).
25.
DIRECT CITY ATTORNEY TO PREPARE CHARTER
AMENDMENT(S) FOR NOVEMBER - 59 1991
ELECTION, TO MODIFY PROCESS FOLLOWED IN
IMPLEMENTING UNIFIED DEVELOPMENT
PROJECTS (UDP) AND IN HANDLING PROTESTS
FILED BY AGGRIEVED PARTIES IN REGARD TO
SAID PROJECTS AND IN REGARD TO
CONTEMPLATED SALE OR LEASE OF CITY -
OWNED PROPERTY.
26.
MANAGER RESPONDS TO PRIOR COMPLAINTS BY
MANUEL GONZALEZ-GOENAGA CONCERNING
TOTAL NUMBER OF CITY AUDITORS.
27.
IMPLEMENT / SUPPLEMENT RESOLUTION 91-
4499 WHICH AUTHORIZED SALE AND ISSUANCE
OF $7,0009000 SANITARY SEWER SYSTEM
6
BONDS, -AND $S,OOO,OOO FIRE FIGHTING,
FIRE PREVENTION AND RESCUE FACILITIES
BONDS - AWARD SALE TO LEHMAN BROTHERS -
APPROVE TERMS AND ESTABLISH INTEREST
RATES,
DISCUSSION 78-84
R 91-514
7/11/91
R 91-515 85-89
7/11/91
FA
28. DISCUSSION CONCERNING PROPOSED
RESOLUTION CALLING FOR A SPECIAL
MUNICIPAL ELECTION (SEPTEMBER 30 1991)
TO SUBMIT TO THE ELECTORATE A BALLOT
QUESTION CONCERNING PROPOSAL FOR THE
CITY TO ENTER INTO LEASE AGREEMENT WITH
BAYSIDE SEAFOOD RESTAURANT AND BREWPUB
PARTNERSHIP TO OPERATE A RESTAURANT,
BREWERY AND MARINE -RELATED FACILITY ON
CITY -OWNED WATERFRONT PROPERTY ADJACENT
TO MIAMI MARINE STADIUM (VIRGINIA KEY
BASIN PROPERTY) (See label 30).
29. EXPRESS SYMPATHY AND CONDOLENCES TO
FAMILY AND FRIENDS OF CHARLES WHITED.
30.
(Continued Discussion) CALL SPECIAL
R 91-518
MUNICIPAL ELECTION SEPTEMBER 39 1991 -
7/11/91
SUBMIT TO ELECTORATE BALLOT QUESTION
CONCERNING PROPOSAL FOR THE CITY TO
ENTER INTO LEASE AGREEMENT WITH BAYSIDE
SEAFOOD RESTAURANT AND BREWPUB
PARTNERSHIP TO OPERATE A RESTAURANT,
BREWERY AND MARINE -RELATED FACILITY ON
CITY -OWNED WATERFRONT PROPERTY ADJACENT
TO MIAMI MARINE STADIUM (VIRGINIA KEY
BASIN PROPERTY), WITH CONDITIONS (See
label 28).
31.
APPROVE MOST QUALIFIED FIRMS TO PROVIDE
R 91-519
PROFESSIONAL INSPECTION SERVICES
7/11/91
REQUIRED DURING CONSTRUCTION OF FEDERAL
LAW ENFORCEMENT BUILDING - AUTHORIZE
MANAGER TO EXECUTE NEGOTIATED
AGREEMENT, SUBJECT TO APPROVAL OF FEE
BY U.S. GENERAL SERVICES ADMINISTRATION
(Project 311014: Federal Law
Enforcement Building).
32.
AUTHORIZE EXECUTIVE DIRECTOR OF
R 91-520
DOWNTOWN DEVELOPMENT AUTHORITY (DDA)-TO
7/11/91
ESTABLISH PROPOSED MILLAGE RATE OF .5
MILLS FOR THE DOWNTOWN DEVELOPMENT
DISTRICT FOR FISCAL YEAR OCTOBER 1,
1991 - SEPTEMBER 30, 1992.
33.
ISSUE $1,600,000 HEALTH FACILITIES
R 91-521
AUTHORITY HEALTH FACILITY REVENUE
7/11/91
BONDS SERIES 1991 (PASSAGEWAY
RESIDENCE OF DADE COUNTY PROJECT) -
APPROVE MINUTES OF PUBLIC HEARING HELD
BY THE AUTHORITY PURSUANT TO TAX EQUITY
AND FISCAL RESPONSIBILITY ACT OF 1982.
34.
EXECUTE AGREEMENT WITH PUBLIC HEALTH
R 91-522
TRUST OF DADE COUNTY (WHICH OPERATES
7/11/91
JACKSON MEMORIAL HOSPITAL), FOR
COORDINATION OF EMERGENCY- MEDICAL
SERVICES PROVIDED BY RESCUE DIVISION OF
MIAMI FIRE, RESCUE, AND INSPECTION
SERVICES DEPARTMENT.
35.
CLAIM SETTLEMENT ($500,2929.05): CASE
R 91-523
INVOLVING 24 POLICE OFFICERS IN K-9
7/11/91
UNIT CONCERNING ENTITLEMENT TO OVERTIME
COMPENSATION.
96-102
105-106
107
108
108-116
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36.
APPROVE SUBMITTAL TO ELECTORATE OF
R 91-624
116-120
PROPOSED CHARTER AMENDMENT (NO. 1), TO
7/11/91
ELIMINATE REQUIREMENT THAT FULL TITLE
OF EACH PROPOSED +ORDINANCE BE READ
ALOUD ON FIRST READING - CALL SPECIAL
MUNICIPAL ELECTION ON NOVEMBER Si 1991.
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37.
APPROVE SUBMITTAL TO ELECTORATE OF
R 91-525
121
PROPOSED CHARTER AMENDMENT (N0. 2), TO
7/11/91
PROVIDE THAT CITY COMMISSION SHALL HAVE
THE AUTHORITY, BY ORDINANCE, TO GRANT
SUBPOENA POWER TO SUCH BOARDS AND
COMMITTEES APPOINTED BY THE COMMISSION
AS IT MAY DEEM APPROPRIATE - CALL
SPECIAL MUNICIPAL ELECTION ON NOVEMBER
5, 1991.
38•
MANAGER TO EXECUTE AGREEMENTS, WITH
CONDITIONS, WHEREBY CITY SHALL CONSENT
R 91-526
7/11/91
122-128
TO ASSIGNMENTS OF LEASES, PURCHASE
MONEY MORTGAGES, AND RELATED AGREEMENTS
BY AND AMONG: (a) C.P. TOWER, LTD., (b)
MIAMI TOWER ASSOCIATES LIMITED
PARTNERSHIP, (c) C.P. RETAIL, LTD., (d)
MIAMI RETAIL ASSOCIATES LIMITED
PARTNERSHIP, AND/OR (e) RESOLUTION
TRUST CORPORATION EITHER IN ITS
INDIVIDUAL CAPACITY OR AS RECEIVER FOR
CENTRUST FEDERAL SAVINGS BANK - CLARIFY
SPACES ENCUMBERED BY SUCH LEASES -
AUTHORIZE MANAGER TO FURNISH ESTOPPEL
LETTERS AND NONDISTURBANCE AGREEMENTS
AND RELATED DOCUMENTATION.
39•
ACCEPT BID: SOUTH DADE ELECTRIC, INC.
($228,046) - FOR
129
ORANGE BOWL
MODERNIZATION - PHASE II - ELECTRIC
7/11/917
EQUIPMENT B-2991-B (CIP 404238) -
EXECUTE CONTRACT.
40.
ACCEPT BID: YANES EQUIPMENT, INC.
($104,971.70) FOR
R 91-528
130
- ORANGE BOWL AREA
SANITARY SEWER PROJECT: PHASE II B-5596
7/11/91
(Project 404238) - EXECUTE CONTRACT.
41.
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ACCEPT BID: SOLO CONSTRUCTION FOR
CORPORATION ($780,3410)
131
- LOCAL
DRAINAGE PROJECT E-68 B-5585 (Project
7/11/919
352275) - EXECUTE CONTRACT.
42•
ACCEPT BID: LEWIS GREEN CONSTRUCTION,
INC. ($89,700) -
R 91-530
132
FOR SCATTERED SITE
HOUSING PROJECT - COCONUT GROVE - PHASE
7111191
K
'
I (2 HOUSES) (THIRD BIDDING) B-3241-A
r
Y,
(Project 321034) - EXECUTE CONTRACT.
43•
ACCEPT BID: APEX CONSTRUCTION
ENTERPRISES, INC. ($1310250) FOR
R 91-531
133
-
SCATTERED SITE HOUSING PROJECT
7/11/91
COCONUT GROVE - PHASE I (3 HOUSES)
y'
(THIRD BIDDING) B-3241-8 (Project
321034) - EXECUTE CONTRACT.
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44.
(Aj VICE MAYOR PLUMMER REPORTS ON
DISCUSSION 134-118
UNSUCCESSFUL ATTEMPTS TO MEET WITH THE
7/11/91
SUPERINTENDENT OF THE SCHOOL BOARD6
(B) DISCUSSION CONCERNING IMPROVED
RELATIONSHIP BETWEEN THE SCHOOL BOARD
AND THE CITY COMMISSION.
(C) COMMISSION SHARES WITH MRS. JANET
MtALILEY THE IMMINENT DANGER CREATED BY
PUBLIC SCHOOL BUSES WHEN PICKING UP
-
CHILDREN ON MAIN ARTERIALS RATHER THAN
ON SIDE STREETS.
(D) COMMISSION REFERS SCHOOL BOARD
REPRESENTATIVE TO MEET WITH A CITY
20NING OFFICIAL CONCERNING THE NEED TO
REQUEST PERMISSION BEFORE SCHOOL BOARD
CONTEMPLATES CHANGES WITHIN MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP).
45.
ACCEPT BID: LEWIS GREEN CONSTRUCTION,
R 91-532 139
INC. ($94,460) - FOR SCATTERED SITE
7/11/91
HOUSING PROJECT - MODEL CITY - PHASE IV
(2 HOUSES) (THIRD BIDDING) B-3242-A
(Project 321034) - EXECUTE CONTRACT.
46.
ACCEPT BID: APEX CONSTRUCTION
R 91-533 140
ENTERPRISES, INC. ($131,250) - FOR
7/11/91
SCATTERED SITE HOUSING PROJECT - MODEL
CITY - PHASE IV (3 HOUSES) (THIRD
BIDDING) B-3242-8 (Project 321034) -
EXECUTE CONTRACT.
47.
AUTHORIZE MANAGER TO; (a) EXECUTE
R 91-534 140-142
MEMORANDUM OF AGREEMENT, AND (b)
7/11/91
SUBSEQUENTLY EXECUTE JOINT
PARTICIPATION AGREEMENT WITH STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION
(DOT), TO ENABLE THE CITY OF CONDUCT
PRELIMINARY ENGINEERING , OF BISCAYNE
BOULEVARD NEW WORLD DESIGN PROJECT FOR
THE $1,700,000 DESIGNATED FUNDING.
48.
APPOINT INDIVIDUALS TO SERVE AS MEMBERS
M 91-535 142-144
OF THE NUISANCE ABATEMENT BOARD
7/11/91
(Appointed were: Robert Grill, Earl
Wiggins and Adrian Ferradaz. Two
appointments still pending and
assignment of terms of office still to
be made by Commissioners.
49.
RATIFY` MANAGER'S FINDING OF SOLE
R 91-536 144-145
SOURCE - WAIVE REQUIREMENT FOR
7/11/91
COMPETITIVE BIDDING - APPROVE PURCHASE
OF MICROWAVE SYSTEM FOR MUTUAL AID
RADIO LINK BETWEEN CITY OF MIAMI AND
CITY OF MIAMI BEACH POLICE
DEPARTMENTS - FROM MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC:
($17,000 - Law Enforcement Trust Fund,
Project 690001).
50.
AUTHORIZE SUBMISSION OF AMENDMENT TO
R 91-537 145-146
APPROVED 17TH YEAR CDBG PROGRAM FINAL
7/11/91
STATEMENT TO U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) - TO
REFLECT PROPOSED ALLOCATION OF
$590009000 FOR A COMMUNITY DEVELOPMENT
FLOAT LOAN (TO N.B. REALTY) DURING
1991-92 PROGRAM YEAR (See label 52).
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51.
(A) DISCUSSION CONCERNING PROPOSED
DISCUSSION
145-194
EXECUTION OF AGREEMENT WITH N.S. REALTY
7/11/91
TO PROVIDE A COMMUNITY DEVELOPMENT
FLOAT LOAN OF $5,000,000 (See label
53).
(8) COMMISSIONER ALONSO EXPRESSES
DISPLEASURE ABOUT COMMENTS MADE BY CITY
STAFF PERSON ON THE RADIO.
52.
(A) (Continued Discussion) RECONSIDER
M 91-538
155�-156
PRIOR VOTE ON RESOLUTION 91-537 (Agenda
R 91-539
item 36 - See label 51).
7/11/91
(B) AUTHORIZE SUBMISSION OF AMENDMENT
TO APPROVED 17TH YEAR CDBG PROGRAM
FINAL STATEMENT TO U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) -
TO REFLECT A PROPOSED ALLOCATION OF
$6,000,000 FOR A COMMUNITY DEVELOPMENT
FLOAT LOAN (TO N.B. REALTY) DURING
1991-92 PROGRAM YEAR (See label 51).
53.
(Continued Discussion) AUTHORIZE
R 91-540
157-158
EXECUTION OF AGREEMENT WITH N.B. REALTY
7/11/91
TO PROVIDE A COMMUNITY DEVELOPMENT
FLOAT LOAN OF $5,000,000 - FOR PROPOSED
CONSTRUCTION OF A NEW MULTI -FRANCHISE
AUTO DEALERSHIP (ON N.E. 2 AVENUE
BETWEEN N.E. 20 AND 21 STREETS IN
WYNWOOD NEIGHBORHOOD TARGET AREA) (See
label 51).
54.
AUTHORIZE INCREASE ($50,000) IN
R 91-541
159
CONTRACT WITH THE POOLE AND KENT
7/11/91
COMPANY - FOR THE LAWRENCE PUMP STATION
MODIFICATION - PHASE II (CIP 352184) -
RATIFY MANAGER'S FINDING OF EMERGENCY.
55.
RATIFY MANAGER'S FINDING OF EMERGENCY
R 91-542
160-161
FOR REMOVAL OF ASBESTOS AT 1336 N.E. 1
7/11/91
AVENUE - RATIFY PAYMENT ($39,000) TO
DPC GENERAL CONTRACTORS (Project
7992069 Department of Planning,
Building and Zoning).
56.
RATIFY MANAGER'S FINDING OF EMERGENCY
R 91-543
161-162
CONCERNING NEED FOR DEMOLITION OF
7/11/91
STRUCTURE AT 1336 N.E. 1 AVENUE -
AUTHORIZE PAYMENT ($34,650) TO J.R.
BUILDERS (Department of Planning,
Building and Zoning).
57.
(A) PERSONAL APPEARANCE BY KENT
DISCUSSION
162-166
HARRISON ;ROBBINS9 ESQ. CONCERNING THE
7/11/91
CASE OF CAROL JOSEPH VS. CITY.
(B) BRIEF COMMENTS BY MIRIAM DONNET
CONCERNING HER PENDING LITIGATION
AGAINST THE CITY (Totally unrelated to
(A), above.)
58.
BRIEF DISCUSSION CONCERNING POSSIBLE
DISCUSSION
166-168
ASSISTANCE TO: HOSPITAL OF THE GREAT
7/11/91
LIVING GOD, INC.
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60.
61.
62.
63.
64.
65.
66.
67.
APPROVE, IN PRINCIPLE, DEVELOPMENT OF
INTERIM PLAN AND BUDGET, IN CONJUNCTION
WITH DACE COUNTY_, STATE OF FLORIDA, AND
ALL AGENCIES PROVIDING SERVICES TO THE
HOMELESS, WHICH WOULD ADDRESS THE
HOMELESS NEEDS AND THE EMERGENCY
SITUATION CURRENTLY EXISTING IN DADE
COUNTY.
GRANT REQUEST BY DIABETES RESEARCH
INSTITUTE FOR DOCKAGE FEE WAIVER
CONCERNING FIFTH ANNUAL CATCH -A -CURE
FISHING TOURNAMENT AT MIAMARINA.
(Continued Discussion) CONCERNING
ALLEGED REMOVAL OF OAK TREES IN
ALLAPATTAH MINI -PARK (See label 248).
URGE DOWNTOWN DEVELOPMENT AUTHORITY
(DDA) TO RESEARCH POSSIBILITY OF
CREATING A REDEVELOPMENT DISTRICT
BETWEEN S.W. 13 STREET AND THE MIAMI
RIVER AND S.E. 1 AVENUE AND THE
METRORAIL - INSTRUCT DDA TO INVOLVE
BRICKELL ASSOCIATION IN THE RESEARCH.
GRANT REQUEST BY MIAMI SENIOR HIGH
SCHOOL FOR USE OF ORANGE BOWL STADIUM
FOR ITS FOOTBALL GAMES DURING NEXT
SCHOOL YEAR, SUBJECT TO MATCHING PART
OF TOTAL COST FOR EACH OF FOUR GAMES -
DIRECT MANAGER TO MAKE SAME CONCESSION
TO EDISON SENIOR HIGH SCHOOL.
BRIEF DISCUSSION CONCERNING HAITIAN
AMERICAN CIVIC CLUB INC.'S FUNDING
REQUEST.
DISCUSS AND TEMPORARILY TABLE REQUEST
BY I NEW AGE DANCE THEATER FOR USER FEE
WAIVER AT MANUEL ARTIME COMMUNITY
CENTER CONCERNING THEIR FILM
PRODUCTION: "FAUNO" (See label 69).
BRIEF DISCUSSION CONCERNING HANDICAPPED
OF-AMERICA RENT OBLIGATIONS AT MANUEL
ARTIME COMMUNITY CENTER.
(A) PERSONAL APPEARANCE BY J.S. RASHID
(COCONUT GROVE STREET MERCHANTS
ASSOCIATION); - CONCERNING CLARIFICATION
AND REQUEST FOR ENFORCEMENT OF STREET
VENDING- LAWS IN COCONUT GROVE - REFER
TO ADMINISTRATION.
(8) COMMISSION URGES ADMINISTRATION TO
BE EQUALLY FORCEFUL CONCERNING
ENFORCEMENT AROUND MIAMI ARENA AREA.
(C) COMMISSIONER DAWKINS REQUESTS
ADMINISTRATION TO TRY TO LOCATE
INDIVIDUAL WHO USED TO SELL INFLATABLE
ARTICLES.
GRANT REQUEST BY BLACK ARCHIVES,
HISTORY AND RESEARCH FOUNDATION OF
SOUTH FLORIDA, INC. FOR $55,000 TO
COMPLETE RECONSTRUCTION OF THE DORSEY
HOUSE.
R 91-644
7/11/91
R 91-545
7/11/91
DISCUSSION
7/11/91
M 91-546
194-198
7/11/91
R 91-547
198-203
7/11/91
DISCUSSION
203-205
7/11/91
DISCUSSION
205-207
7/11/91
DISCUSSION
207-208
7/11/91
DISCUSSION
209-219
7/11/91
s
7a7
M 91-548
219-222
4L
7/11/91
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(Continued Discussion) DIRECT MANAGER
DISCUSSION
223-224 `
TO ASSIST NEW AGE DANCE THEATER TO
7/11/91
IDENTIFY AN ALTERNATE SOURCE OF FUNDING
CONCERNING PRODUCTION OF THEIR FILM:
"FAUNO" (See label 65).
}
70.
GRANT REQUEST BY COMMITTEE FOR
R 91-549
226.230
COMMEMORATION OF AFRICAN HISTORICAL
7/11/91
EVENTS FOR: (a) CLOSURE OF DESIGNATED
STREETS, AND (b) USE OF CITY TRAILER OR
ANY OTHER ASSISTANCE WHICH WOULD NOT
REQUIRE OUT -OP -POCKET EXPENSES,
CONCERNING BICENTENNIAL BOIS-CAIMAN
FESTIVAL.
71.
BRIEF DISCUSSION CONCERNING PROPOSAL BY
DISCUSSION
230-232
BISCAYNE COMMUNICATIONS, INC. REGARDING
7/11/91
SIGNS ON BISCAYNE BOULEVARD FOR
ADVERTISING MIAMI ARENA EVENTS.
72.
DISCUSSION CONCERNING MANAGER'S
DISCUSSION
232-235
PROPOSAL FOR AN AUDIT OF THE CITY -
7/11/91
URGE MANAGER TO IDENTIFY POSSIBILITY OF
OBTAINING SERVICE ON PRO BONO BASIS.
73. APPOINT INDIVIDUALS TO SERVE ON THE
MIAMI SPORTS AND EXHIBITION AUTHORITY
BOARD. (Reappointed were: Michael Zogby
and Ken Albano; appointed was: Neal
Harrington; 3 appointments are still
pending.)
74.
PERSONAL APPEARANCE BY-ADREAN'LANS TO
DISCUSS FUNDING FOR SOFTBALL LEAGUE -
-
REFER TO MANAGER.
75.
CODESIGNATE S.W. 17 AVENUE (FROM SOUTH
-DIXIE HIGHWAY TO SOUTH BAYSHORE DRIVE)
AS: ALICE WAINWRIGHT WAY - ALLOCATE
FUNDS FOR SIGNS.
76.
APPROVE INCREASE ($75,000) IN TOTAL
COLLECTION COST OF TRANSPORT USER FEE
FOR CURRENT (1991) CONTRACT WITH
AUTOMATED MEDICAL SERVICES, INC.,
RESULTING FROM INCREASED PUBLIC USE OF
TRANSPORT SERVICES.`
77.
(Continued Discussion) DIRECT
ADMINISTRATION TO SPONSOR POLICE
DEPARTMENT PROGRAM: DO THE RIGHT THING
(Law Enforcement Trust Fund) (See label
5). ,
78.
RESCHEDULE PUBLIC HEARING FROM JULY 11
TO FIRST COMMISSION MEETING IN
_
OCTOBER - TO TAKE TESTIMONY REGARDING
UNIFIED, DEVELOPMENT REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT OF THE
CITY ADMINISTRATION BUILDING -`PHASE II
(ADJACENT TO 275 N.W. 2 STREET).
R 91-550 235-236
7/11/91
DISCUSSION 236-240
7/11/91
R 91-551 240-241
7/11/91
R 91-552 241-243
7/11/91
1 _
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s:
' MINUTES OF REGULAR MEETING OF THE
s CITY COMMISSION OF MIAMI, FLORIDA
E
On the 11th day of July, 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.
k,
The meeting was called to order at 9:10 a.m. by Mayor Xavier Suarez with
the -following members of the Commission found to be present:
Commissioner Victor De Yurre
r
Commissioner Miller J. Dawkins
}
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ALSO PRESENT:
a
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez., Vice Mayor
Plummer then
led.those present -in a pledge of allegiance to the flag.
--------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) PROCLAMATION: DIA DEL DR., MANOLO REYES,`FOR HIS
'ENHANCEMENT OF
MIAMI'S IMAGE.
(B) RECOGNITION: DR. MANSEL SMITH, FOR HIS FINE WORK IN
THE COMMUNITY---------------------------------------------
,, i Proclamation to Dr. Manolo Reyes for his contribution to
the enhancement
of ``Miami's image and for his 50 years in show business, the law professfion
and the executive world. Further, proclaiming July 11
1, 1 asF Manolo...` h
= Reyes Day in the°City'of Miami.
2 Special Recognition of Dr. Mansel Smith
,
for the fine work
he has_done:in
the "City of, Miami through his involvement with the
Opportunity Program
Black" Student
at Miami -Dade Community College, <
and' as. former �y
chairman of Metro-Miami'Action Plan.
*�
NOTE FOR THE RECORD: On a motion duly made by Vice
Mayor Plummer and seconded by. Commissioner Alonso,
the
minutes of Commission meetings of April 25 (P&Z),
May
9 (Regular), and May 23 (P&Z), 1991, were approved by kk�
the Commission,
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2. ACCEPT DONATION BY RESIDENTS FOR CONSTRUCTION OF A CONCRETE WALL TO
CROSS NATOMA STREET, TA-L-U-GA DRIVE AND ALATKA STREET AT THEIR
INTERSECTION WITH SOUTH DIXIE HIGHWAY - INSTRUCT PUBLIC WORKS TO PROCEED
WITH NECESSARY WORK.
------------- -iW1. ---------ilY--tr YL---i----lY-----iiYn------rialiW+4witY '.
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Mayor Suarez! Item one.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: Could we take one quick pocket item out of the way?
Mayor Suarez: Please.
Vice Mayor Plummer: As you're aware, the neighborhood in and around Natoma
have requested this Commission to block off the two streets and we said to
them, we'll put a chain link fence or you can put up a solid wall if you pay
for it. Mr. Mayor, they have done an excellent job of collecting money, and
they're about $1,800 short on twelve thousand. The other items that they are
really short could be considered in -kind, is the survey, that needs to be done
by the City, and the painting which could be done by the City. And I would
like to make a motion at this time that this Commission accept that they have
raised the $8,900, I believe it is, which is approximately $1,800 short, and
that the City proceed immediately with the compliance of the request of those
people in that neighborhood.
Commissioner Dawkins: They who, J.L.?
Vice Mayor Plummer: You recall, they came before the Commission...
Commissioner Dawkins: They who?
Vice Mayor Plummer: They, the people of Natoma sub... right here on 17th and
Dixie, 19th and Dixie. We approved it, Miller.
i
Commissioner Dawkins: Well, J.L., why don't you say, my neighbors? That's
your neighbors.
Vice Mayor Plummer: Well, it's on the other side. That's the high class
ghetto. I'm in the low class.
Mayor Suarez: All right...
Vice Mayor Plummer: So, Mr. Mayor, I would make a resolution at this time
that Public Works proceed with the -work, and accept the money that they have
collected and that we'll do the rest in -kind as proposed. -I so move.
r,
Mayor Suarez: So moved.
Commissioner Dawkins:Second.
4
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
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The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91`484
A RESOLUTION ACCEPTING: A DONATION, IN THE AMOUNT OF
$8,2581 FROM THE NEIGHBORS IN THE NATOMA/TA-LU-GA
NEIGHBORHOOD, FOR THE PURPOSE OF PLACING AND ERECTING
WALLS ACROSS NATOMA STREET, TA-LU-GA DRIVE AND ALATKA
STREET AT THEIR RESPECTIVE INTERSECTIONS WITH SOUTH
DIXIE HIGHWAY FOR THE ENHANCEMENT OF PUBLIC SAFETY BY
PROHIBITING PEDESTRIAN ACCESS AT SUCH LOCATIONS AT A
COST NOT TO EXCEED $11,275, WITH THE BALANCE OF THE
COST OF SAID CONSTRUCTION BEING PROVIDED BY THE CITY
IN THE FORM OF IN -KIND SERVICES BY THE DEPARTMENT OF
PUBLIC WORKS; FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC
WORKS TO PROVIDE SAID IN -KIND SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
3. (A) DIRECT CITY ATTORNEY TO PREPARE LEGISLATION STIPULATING THAT, IN
FUTURE, ALL PUBLIC HEARINGS SHOULD START AFTER 4:00 P.M.
COMMISSION DIRECTS MANAGER TO MAKE SPECIAL EFFORT TO MEET WITH
THEM TO FULLY APPRISE THEM OF ITEMS ON EACH FORTHCOMING AGENDA.
(B) DISCUSSION CONCERNING PRESENT STANDARDS AND GUIDELINES REGARDING
EXPENDITURE OF LAW ENFORCEMENT TRUST FUNDS.
(C) CONSENT AGENDA.
-------------------------------------------------------------------------------
Mayor Suarez: The Manager informs me that items 14 and 45 have been withdrawn
by the administration. And 'item CA-1, CA-6, CA-21, and then I.see 30. Does
the mean CA-30? -or does that mean 30... it couldn't be CA-30, I guess,
because the consent agenda only goes up to 25, so it must be item 30, after
the distribution of the agenda, we're also withdrawing if anybody has any
questions about that, of course, we'll entertain them. If not, items CA-1
through CA-25 with the exceptions of 1, 6, and 21 are the consent agenda. And
we intend to handle these collectively in one motion. Does anyone wish to be
heard on any of the items? Sir, which item?
Mr. Manuel Gonzalez-Goenaga: Yes, Mayor. I'm going to identify them, because
I think I try to prepare a little better for this day. I want to speak on
item CA-7, 8, 9, 10 collectively.
Mayor Suarez All right.
Mr. Gonzalez-Goenaga: Eleven, 12, 13... oh, CA-20 and CA-18 and CA-20 also.
You let me know when I can start.
Mayor Suarez: Mr. Gonzalez-Goenaga, we're going to be required, because of
your constant appearances here, to change our entire way of functioning -
which would not be a bad idea anyhow. Wait, wait, I'm talking now. Which
probably wouldn't be a bad idea anyhow, because we have -way,: way :too- Noy
things that are being placed before the public for public input that are
really internal items for us. And I noted the other day, I mentioned to the
July,
f
3
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City Attorney who was working feverishly to get us some reforms in this areas
that the school board doesn't even have public hearings until 4 00 p.m. of
their meetings. So if anything, I suppose we ultimately will be thankful to
you for having prompted us. to make the reforms that will keep you from
constantly coming up here, and impeding our process, sir. But, for today, i
don't know any other way around it, other than to let you have something to
say on ?, 8, 9, 10, 110 126 139 18, and 20. And you'd better have something
concrete, short and to the point, on all of those items, or we're going to
find you out of order very quickly, and ask you to take a seat, sir, on each
one of those. All right? Anyone else?
Commissioner Dawkins: Yes, I'm going to... 12 and 15 and also 20.
Vice Mayor Plummer: Mr. Mayor, let...
Commissioner Dawkins: While we're doing that, Mr. Mayor, I'd like to ask you
to direct the City Attorney to bring back legislation in September that will
permit public hearings only after 4:00 o'clock, so that we do not run into
this. I would wish you would do that.
Mayor Suarez: Absolutely. He's been working on that, and we do need it as
quick as possible...
Vice _Mayor Plummer: Well, may I make a suggestion to my colleague?
Mayor Suarez: ...and you've been proposing some things too. Mr. Vice Mayor.
Vice Mayor Plummer: To my colleague, let's make a resolution of policy
directing the City Attorney to do it, and if you make the motion, I'll second
it.
Mayor Suarez: Beautiful.
Commissioner Dawkins: So moved.
Vice;Mayor Plummer: Second.
Mayor Suarez: Moved and seconded. And, otherwise, measures that would allow
us to go through the agenda quicker by unanimous consent votes that youhave
j been suggesti,ng,.J.L., and some of the -other things. Call the roll.
The following motion.was.introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-485
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT
-` APPROPRIATE LEGISLATION FOR THE FIRST COMMISSION
MEETING IN SEPTEMBER TO ALLOW PUBLIC HEARINGS ONLY
AFTER 4:00 P.M. DURING CITY COMMISSION MEETINGS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
rt
r AYES: Commissioner Victor De Yurre
Commissioner Miller J._Dawkins
Commissioner Miriam Alonso
Vice,Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ASSENT None.
Mayor Suarez. OK, Commissioners, I know Commissioner Dawkins asked for items
12, 159 and 20 for clarifications, hopefully, And, ma'am?
Unidentified,,Speatker: Item nine, CA-9,
Mayor Suarez CA4, OK, we are already going to have specific eorrnant; on
that. Yes. Duke.
4 July its
7
Mr. Duke McBride: Yes, for the record, Duke McBride, 200 S.W. 25th Road,
Miami, Florida. I would respectfully ask this board to defer action on CA-7,
8, and 9 pending clarification with the Police Department on this board's
unanimous request at the last Commissioner meeting for an expenditure from
that same fund.
Mayor Suarez: Ah ha.
Vice Mayor Plummer: Mr. Mayor, let me only speak to that...
Mayor Suarez: I see what you're saying.
Vice Mayor Plummer: As you know, or should be aware - and I'll tell you for
the future - it is my office that is charged with the responsibility on all
matters coming before this agenda on police and fire. I would appreciate, in
the future, if you have any questions in relations to agenda items relating to
either police or fire, that you contact my office and make your thoughts
known. Hopefully, we can be able to resolve any questions that you might
have, and save it from having to appear before the City Commission. We did go
through, and the only item that I questioned was the need of an underwater
video camera. I thought we were entering Silver Springs or Disneyworld. The
justification is there. The money is, in fact, coming from the confiscated
monies, and that is what those kind of funds are set aside for. I will not
fight you if you wish to defer them, but I'm saying to you and to others in
the future, where each one of us are charged with a responsibility of items on
an agenda, that we go through, please contact our offices if you have any
questions relating to any of those items. Hopefully, we can resolve the
matter prior to the Commission meeting.
Mayor Suarez: I think we should begin on Law Enforcement Trust Fund items to
have formal hearings, and bring the Chief, interested parties, Commissioners,
anyone who has some proposal, J.L., and hold a formal hearing.
Vice Mayor Plummer: Well, Mr. Mayor, just...
Mayor Suarez: And you can chair the formal hearing. Commissioner Dawkins has
been interested in this over the years, could cochair with you. However you
want to handle it, but I think we ought to really get public input and get
Commission input into this whole process. We've got a memorandum from the
City Attorney now as to what the Law Enforcement Trust Fund philosophy and
legal norms are. By the way, Mr. City Attorney, at lot different from what I
first told you after rereading it. But still, the standards are extremely
general. The standards are extremely broad on the expenditure.
Vice Mayor Plummer: I've been telling you that for a long time.
Mayor Suarez: Yes, and you could almost use it for just about anything, as
far as I'm concerned.
Vice Mayor Plummer: Coral Gables is buying a fire truck.
Commissioner Alonso: Yes, but then when it comes to items like....
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: ...Better Way, where we felt that it was necessary to
maintain these facilities open, then they cannot find ways to be able to be
helpful. So, I really think it's something that we should look at, and
perhaps change some of the guidelines, and see the extent of our power and how
far we can go.
Mayor Suarez: Yep, I fully agree.
Vice Mayor Plummer: Just for your edification and yours, this here alone is
just the items of the Police Department that are on today's agenda.
Mayor Suarez: Yes, and I don't think any of these would be objectionable to
me personally. Or possibly, the Commission.
Vice Mayor Plummer: OK, but I just want you to know that this is the kind of
information my office has gathered on three items, so that we are able to go
in in depth. We are able to ask the questions...
5 July 11, 1991
Mayor Suarez: Very good.
Vice Mayor Plummer: ...so when these items come before my colleagues, if you
- have questions, I can answer them.
Mayor Suarez: Absolutely. All right...
Commissioner Alonso: Yes, and if I may, please...
Mayor Suarez: Yes.
Commissioner Alonso: ...now that we are in the subject of awareness program,
I would like to stress that it's important for the administration to keep all
of us very well informed in items that relate to whatever department it is,
and through the Awareness Program, and not to force us one day before the
Commission meeting having to request that an item be pulled, because no one
from the administration has made an effort to meet with us and go over certain
items. And I would like the City Manager to personally look into this matter,
and avoid the embarrassment that I, for one, intend to make it public.
Mayor Suarez: Very good.
Commissioner Dawkins: Are we... we're discussing this now or later? Because
I'm very disturbed also.
Commissioner Alonso: Yes, maybe when we get to that...
Commissioner Dawkins: OK, all right, well, OK.
Commissioner Alonso: ...or if you want now. Whatever the Mayor decides.
Mayor Suarez: I would appreciate it so we can try to do as much of the
consent agenda as we can. OK, with the exception of items - let's see if I've
got them down - 1, 6, and 21 which have been pulled. And 7, 8, 9, 10, 11, 12,
13, 15, 18, and 20, I'll entertain a motion on the consent agenda.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND
SECONDED BY COMMISSIONER DAWKINS, THE CONSENT AGENDA,
WITH ABOVE CITED EXCEPTIONS, WAS PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
6 July 11, 1991
r]
3.1. ACCEPT BIDS: (a) SCHINDLER ELEVATOR CORPORATION, AND (b) BROWARD
ELEVATOR MAINTENANCE SALES AND SERVICES - FOR FURNISHING ELEVATOR
MAINTENANCE AT 5 CITY LOCATIONS (for Department of General Services
Administration and Solid Waste, Property Maintenance Division).
RESOLUTION NO. 91-486
A RESOLUTION ACCEPTING THE BIDS OF SCHINDLER
ELEVATOR CORPORATION IN THE AMOUNT OF $1,212.00 AND
BROWARD ELEVATOR MAINTENANCE SALES & SERVICES IN THE
AMOUNT OF $15,180.00 PLUS THE HOURLY CHARGE FOR THE
AS -NEEDED ATTENDANCE OF MECHANIC DURING MAJOR EVENTS
FOR A TOTAL FIRST YEAR COST OF $16,392.00 FOR
FURNISHING ELEVATOR MAINTENANCE AT FIVE (5) CITY
LOCATIONS FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, PROPERTY MAINTENANCE
DIVISION, ON A CONTRACT BASIS FOR ONE (1) YEAR
RENEWABLE ANNUALLY FOR FOUR (4) ADDITIONAL ONE (1)
YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE
1991-92 OPERATING BUDGET ACCOUNT CODE NO. 420401-
670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS
CONTRACT FOR FOUR 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.)
3.2 ACCEPT BID: STAINLESS METALWORKS, INC. - FOR FURNISHING AND INSTALLATION
OF STAINLESS STEEL COUNTERS AT FIRE STATION NO. 2 (for Department of
General Services Administration and Solid Waste, Property Maintenance
Division).
RESOLUTION NO. 91-487
A RESOLUTION ACCEPTING THE BID OF STAINLESS
METALWORKS, INC. FOR FURNISHING AND INSTALLATION OF
STAINLESS STEEL COUNTERS AT FIRE STATION NO. 2 FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE, PROPERTY MAINTENANCE DIVISION AT A
TOTAL PROPOSED AMOUNT OF $8,445.00; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO.
313018, ACCOUNT CODE NO. 289301-860 ($4,821.00) AND
1991-92 OPERATING BUDGET ACCOUNT CODE NO. 420401-670
($3,624.00); AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 July 11, 1991
3.3 ACCEPT BID: LEADEX CORPORATION - FOR CURTIS PARK REDEVELOPMENT -
DEMOLITION PROJECT B-2983-F (Project 331353) - EXECUTE CONTRACT.
RESOLUTION NO. 91.-488
A RESOLUTION ACCEPTING THE BID OF LEADEX
CORPORATION, IN THE PROPOSED AMOUNT OF $43,968.00,
TOTAL BID OF THE PROPOSAL, FOR CURTIS PARK
REDEVELOPMENT - DEMOLITION PROJECT B-2983-F; WITH
MONIES THEREFOR ALLOCATED FROM 'THE FISCAL YEAR 1990-
91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT
NO. 331353, IN THE AMOUNT OF $43,968.00 TO COVER THE
CONTRACT COST AND $8,757.59 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $52,725.59;
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.)
3.4 ACCEPT BID: MCDONOUGH EQUIPMENT COMPANY, INC. - FOR CITYWIDE UNDERGROUND
TANK RETROFITTING PROJECT B-5597 - EXECUTE CONTRACT.
RESOLUTION NO. 91-489
A RESOLUTION ACCEPTING THE BID OF MC DONOUGH
EQUIPMENT COMPANY, INC., IN THE PROPOSED AMOUNT OF
$34,987.56, TOTAL BID OF THE PROPOSAL, FOR CITYWIDE
UNDERGROUND TANK RETROFITTING PROJECT B-5597; WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-
91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782, IN THE
AMOUNT OF $34,937.56 TO COVER THE CONTRACT COST AND
$6,533.44 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $41,521.00; WITH $29,331.00
ALLOCATED FROM PROJECT NO. 311009, $8,610.00 FROM
PROJECT NO. 312015 AND $3,580.00 FROM PROJECT NO.
420012; 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.)
3.5 NOTIFY BOARD OF COUNTY COMMISSIONERS AND DIRECTOR OF METROPOLITAN DADE
COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT THAT THE CITY IS
EXERCISING ITS OPTION FOR EXEMPTION FROM COUNTY'S STORM WATER UTILITY.
RESOLUTION NO. 91-490
A RESOLUTION PROVIDING OFFICIAL NOTIFICATION TO THE
CLERK OF THE BOARD OF COUNTY COMMISSIONERS AND THE
DIRECTOR OF THE METROPOLITAN DADE COUNTY DEPARTMENT
OF ENVIRONMENTAL RESOURCES MANAGEMENT THAT THE CITY
IS EXERCISING ITS OPTION FOR EXEMPTION FROM THE
COUNTY'S STORMWATER UTILITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8 July 11, 1991
3.6 AMEND AGREEMENT WITH ANDRES DUANY AND ELIZABETH PLATER-ZYBERK,
ARCHITECTS, INC. - INCREASE AMOUNT BY $20,000 FOR COMPLETION OF DESIGN,
DEVELOPMENT AND CONSTRUCTION DOCUMENT PHASES CONCERNING 23-UNIT SINGLE
FAMILY RESIDENTIAL SALES HOUSING DEVELOPMENT FOR MODERATE INCOME
FAMILIES ON CITY -OWNED ST. HUGH OAKS ACADEMY PROPERTY (COCONUT GROVE) -
(CIP 321034: SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM).
RESOLUTION NO. 91-491
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT DATED SEPTEMBER 15, 1989, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH ANDRES DUANY AND ELIZABETH
PLATER-ZYBERK, ARCHITECTS, INC., INCREASING SAID
AGREEMENT IN AN AMOUNT NOT TO EXCEED $20,000 FOR
COMPLETION OF THE DESIGN DEVELOPMENT AND
CONSTRUCTION DOCUMENT PHASES IN CONNECTION WITH THE
DEVELOPMENT OF A TWENTY-THREE (23) UNIT SINGLE
FAMILY RESIDENTIAL SALES HOUSING DEVELOPMENT FOR
MODERATE INCOME FAMILIES ON THE CITY -OWNED ST. HUGH
OAKS ACADEMY PROPERTY LOCATED IN THE COCONUT GROVE
NEIGHBORHOOD; FURTHER ALLOCATING MONIES THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 321034,
"SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT
PROGRAM".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.7 EXTEND CONTRACT WITH MIAMI-DADE COMMUNITY COLLEGE (M.D.C.C.) FOR CITY'S
RENDERING OF IN-SERVICE FIRE TRAINING (August 1, 1991-July 31, 1992 -
Fire, Rescue and Inspection Services Department's GOB).
RESOLUTION NO. 91-492
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO AMEND THE EXISTING CONTRACT, BETWEEN THE
CITY OF MIAMI AND MIAMI-DADE COMMUNITY COLLEGE
(M.D.C.C.) FOR THE CITY'S RENDERING OF IN-SERVICE
FIRE TRAINING, TO THEREBY EXTEND THE PERIOD OF SAID
CONTRACT FROM AUGUST 1, 1991 THROUGH JULY 31, 1992,
SAID AMENDMENT TO BE EXECUTED, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FUNDS THEREFOR BEING ALLOCATED
FROM THE FIRE, RESCUE, AND INSPECTION SERVICES
DEPARTMENT'S GENERAL OPERATING BUDGET ACCOUNT CODE
NO. 280201-180.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.8 AUTHORIZE MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT FOR REVOCABLE
PERMIT ISSUED TO BERNARD POITIER, FOR STRIP OF LAND IN MORNINGSIDE PARK,
TO ENABLE HIM TO ASSIGN THE REVOCABLE PERMIT TO MIGUEL BERMEJO.
RESOLUTION NO. 91-493
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE REVOCABLE
PERMIT ISSUED TO BERNARD POITIER ON SEPTEMBER 22,
1987, FOR A STRIP OF LAND LOCATED IN MORNINGSIDE
PARK. SAID ASSIGNMENT ENABLING BERNARD POITIER TO
ASSIGN SAID REVOCABLE PERMIT TO MIGUEL BERMEJO.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9 July 11, 1991
r]
3.9 AMEND RESOLUTION 91-305 TO CHANGE DATE OF EVENT: MIAMI LOVING MIAMI
UNITY BIKE-A-THON.
RESOLUTION NO. 91-494
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO.
91-305, ADOPTED APRIL 11, 1991, CONCERNING THE MIAMI
LOVING MIAMI UNITY BIKE-A-THON THEREBY CHANGING THE
DATE OF THE EVENT FROM MAY 1.1, 1001 TO JULY 27,
1991.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.10 GRANT REQUEST BY RENAISSANCE HISTORICAL SOCIETY OF FLORIDA, INC. FOR
CLOSURE OF DESIGNATED STREETS CONCERNING BASTILLE DAY EVENT.
RESOLUTION NO. 91-495
A RESOLUTION RELATED TO BASTILLE DAY TO BE CONDUCTED
BY THE RENAISS+^NCE HISTORICAL SOCIETY OF FLORIDA,
INC. ON SUNDAY, JULY 14, 1991; AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC; SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; FURTHER CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE
ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT 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.)
3.11 ACCEPT PLAT: POINCIANA CLOSE.
RESOLUTION NO. 91-496
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED "POINCIANA CLOSE", 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; AND 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.)
10 July 11, 1991
Im
3.12 ACCEPT PLAT: TWO STALLIONS ESTATES.
RESOLUTION NO. 91-497
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED "TWO STALLIONS ESTATES", 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.)
------------------------------------------------------------------------------
4. (A) APPROVE PURCHASE OF UNDERWATER VIDEO EQUIPMENT - ALLOCATE FUNDS
(Law Enforcement Trust Fund).
(B) APPROVE PURCHASE OF A TELEPHONE COUPLER - ALLOCATE FUNDS (Law
Enforcement Trust Fund).
(C) AUTHORIZE SPONSORSHIP OF YOUTH CRIME WATCH OF AMERICA PROGRAM -
ALLOCATE FUNDS (Law Enforcement Trust Fund).
Mayor Suarez: Items 7, 8, and 9, Mr. McBride - are you still around? -are now
up for our consideration. I don't know if they're really similar items or all
from the same fund. But, in any event, Mr. Gonzalez, you want to make your
statement and then we'll decide what we're...
Mr. Manuel Gonzalez-Goenaga: We're talking now about which ones?
Mayor Suarez: Item seven is the first one.
Commissioner Dawkins: Seven and eight...
Mr. Gonzalez-Goenaga: Eight.
Mayor Suarez: Do you think that your remarks are relevant to 8 and 9?
Mr. Gonzalez-Goenaga: Yes, yes.
Mayor Suarez: Please make them as to all three.
Mr. Gonzalez-Goenaga: In conjunction. I think I have expressed myself before
regarding the Police Department. We are having in the Police Department, an
army, not a Police Department. This Police Department is still making an
investigation of a robbery that was committed five years ago. And the report
is not yet ready. This is a mockery. You Commissioners should be aware of
the importance, and have a lot of accountability with this Police Department
who one day asked for a diving suit, another day asked for a underwater video.
Then they want helicopters. Are they going to invade the City of Miami? Let
me tell you, and also, riding in the cars. I think that they should take a
course in... they should go back to school to know how to ride a car. How
many of the new cars are in bad shape right now? Could I ask an answer for
that? We approved $326,000 for Caprice, new Classic Caprice, for police work.
And I have seen on TV at least five or six cars that are already of the brand
new 1991 cars, have been damaged by the Police Department. And yesterday,
they caused an accident. And we keep giving money to the police, when they
steal the money from the people. Remember, Commissioners, that when you give
away money, it's not out of your own pocket. It's the money of the people.
Bankers rob from the shareholders, but you might be robbing, if you approve
all this type of money, from the people, from the whole community. I think
that I'm not out of order when I make this statement.
11 July 11, 1991
Mayor Suarez: All right. On item 7, did one of the Commissioners have a
question about it? Did you have any question on item seven? -no, maybe not.
Commissioner Dawkins: Item seven?
Mayor Suarez: OK, Duke.
Commissioner, Dawkins: Duke.
Mr. Duke McBride: I'll be brief, Mr. Mayor. My problems aren't with the
validity of the actual items themselves. My problems are the lack of
cooperation and, you know, we are the people, the City of Miami, and we're
fully support the Police Department. We had a gang meeting in our
neighborhood last night that was very successful, and we really do support
them. But in this particular issue, I feel it's important enough for us to
sit down and find out why that department found it incumbent upon them to come
to you at the last Commission meeting, late in the agenda, with an item for
Regis House, and there is no comparable cooperation or effort, especially in
light of this board's unanimous recommendation to them at the last Commission
meeting regarding Better Way.
Mayor Suarez: Well, we did also have a unanimous recommendation regarding
Regis House, and a pretty emphatic one.
Commissioner Alonso: I was going to say that.
Mr. McBride: Yes.
Commissioner Alonso: That's why we insisted for them. I was very surprised
to see that they didn't help Better Way.
Mr. McBride: Well, as I, Miss Commissioner...
Commissioner Alonso: But I assure you that one way or another, we are going
to help.
Commissioner Dawkins: Mr. Mayor, did the gentleman speak to 7, 8, and 9?
Mr. McBride: Yes, sir.
Mayor Suarez: I, I....
Commissioner Dawkins: I mean this gentleman.
Mayor Suarez: Yes, I take his remarks to apply to 7, 8 and 9.
Commissioner Dawkins: OK, I move 7.
Mayor Suarez: OK, so moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-498
A RESOLUTION APPROVING THE PURCHASE OF UNDERWATER
VIDEO EQUIPMENT, AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $5,000, FROM THE LAW ENFORCEMENT
TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE
CHIEF OF POLICE AND BEING SUBJECT TO APPLICABLE CITY
CODE PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
12 July 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.
Commissioner Dawkins: I move eight.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Commissioner Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-499
A RESOLUTION APPROVING THE PURCHASE OF A TELEPHONE
COUPLER, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $14,500, FROM THE LAW ENFORCEMENT TRUST
FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AND BEING SUBJECT TO APPLICABLE CITY CODE
PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
Commissioner Dawkins: I move nine.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Call the roll, please.
Vice Mayor Plummer: Joe.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-500
A RESOLUTION AUTHORIZING THE SPONSORSHIP OF THE YOUTH
CRIME WATCH OF AMERICA PROGRAM, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $20,000, FROM THE
LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN
APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
13 July 11, 1991
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Duke, before you leave - I don't know if you're intending to -
but this does not detract from everything else we said about the whole
process. We're very interested in it, we want to have a closer look at it.
We understand that the powers are very broad, the definition is very broad.
And more than one Commissioner, over the years, has expressed a great deal of
interest in being more pro -active rather than just sort of reacting to
whatever the department suggests. Their items are fairly esoteric items, and
our items are a little bit more community, so maybe there's got to be some
kind of a balance there. I don't know how we're going to work that out, but,
perhaps... my suggestion, J.L., is that you do have the hearings and
Commissioners be present who want to delve into this more and we come up with
some kind of a policy.
Vice Mayor Plummer: Absolutely. It will be my pleasure, Mr. Mayor.
Mayor Suarez: All right.
Vice Mayor Plummer: Mr. Mayor, excuse me, ladies first.
Commissioner Alonso: Thank you. I was going to say on that line, that
sometimes some of these items we approve on relation to the... yes, it seems
to me, and remind me, when I was in the school system, at the end of the
school year, it was an exercise in use all the money, because we are not going
to have it next year.
Vice Mayor Plummer: Oh yeah.
Commissioner Alonso: And it has always disturbed me, this kind of actions.
So I really feel very strongly that what we are doing saying that we are going
to go and look in detail. I think it would be very important for the future
of the department, and the entire system.
Vice Mayor Plummer: Madam Commissioner, that's when we had the Sunset
Committee. We almost just closed down in September, because that's when every
department said, let's spend it because if you don't spend it, they'll deduct
that much from you next year.
Commissioner Alonso: Very sad.
Vice Mayor Plummer: And I'll tell you something. It is a realism, it
happens, and I with you, will be looking in September of all those last minute
rushes to close the books.
------------------------------------------------------------------------------
5. DISCUSS AND TEMPORARILY TABLE FURTHER DISCUSSION CONCERNING SPONSORSHIP
OF: DO THE RIGHT THING PROGRAM (at Police Department) (See label 77).
Vice Mayor Plummer: Mr. Mayor, if I may broach another subject in the same
vein. I think all of you are very much aware and very proud of the Police
Department program called Do The Right Thing. It has been one fine program.
And the Chief is recommending that the department once again this year sponsor
that program which appealed to, I think, something like 8,000. Eight thousand
inner -City kids in that program. So I offer the following resolution as a
pocket item. "A resolution authorizing the funding of Do The Right Thing
program and allocating funds thereof in the amount not to exceed $131,050 from
the Law Enforcement Trust Fund...."
14 July 11, 1991
Commissioner Dawkins: How much?
Vice Mayor Plummer: Hello?
Commissioner Dawkins: How much?
Vice Mayor Plummer: One thirty-one point zero five zero. The same as last...
basically, the same as last year. I don't think... if .you want, I'll expound,
If you have a problem, I'll expound.
Commissioner Dawkins: You don't know how to, so move the item.
Vice Mayor Plummer: I move the item.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Because the item was not on the agenda, I
have a question.
Vice Mayor Plummer: All right, sir.
Mayor Suarez: I would be inclined, right off the bat, think that Do The Right
Thing - and I've had some familiarity with it - could be done for rather
insubstantial amount of money. Why does it cost $131,000?
Vice Mayor Plummer: Mr. Mayor, due to the program of having a director and a
sub -director to go through the school system to go and get these awards made
for the kids themselves...
Mayor Suarez: These are not police officers.
Vice Mayor Plummer: Oh, no, sir. No, sir. As a matter of fact, it was
headed up last year, and, unfortunately, had to retire from the program, Terry
Stone-Ketover, who you very well know, headed the Art Festival. She was the
director, and Barker, the bowling alley wife - Carter - was the sub -director.
Mr. Mayor, they put on every month, or more than once a month, these picnics
and programs for the kids, and, of course, as we know, they cost money. Now,
they get a lot of donated goods, but still the basis of having a band there -
they hold them in all of the different parks. They held one in Hadley Park,
they held one in Jose Marti Park. Plus the fact...
Mayor Suarez: You know they're going to have one in Hadley Park. Anything
that happens, there's going to be one in Hadley Park. The first one will be
in Hadley Park.
Vice Mayor Plummer: And it should be. OK? So, what we're saying to you,
they do an awful lot of mailing, they process over 8,000 applications for
awards. And all I can say to you, I think that we all very proud of that
program.
Commissioner Dawkins: I take my second back.
Vice Mayor Plummer: I'm sorry, he asked me to expound.
Commissioner Dawkins: Mr. Mayor, I'd also like to say that Officer Hardeman
does a tremendous job out there also. And I'd like for $30,000 of that to be
reserved for Officer Hardeman who does not go to the parks. He go in the
projects on his own, so once this money is approved, I'd like for them to...
Vice Mayor Plummer: So that you don't...
Commissioner Dawkins: ...just give $100 to them and a $30,000 to Officer
Hardeman.
Vice Mayor Plummer: Can I plead with you that you don't deny the program, I
would vote with you because I know...
Commissioner Dawkins: I didn't deny the program, we're just taking $30,000
from the hundred thousand.
15 July 11, 1991
Vice Mayor Plummer: I would appreciate your taking so the program can be
implemented 'in its fullest, that you, an additional...
Commissioner Dawkins: OK, I'll take my second back. You all go ahead, I':n
not voting for this.
Vice Mayor Plummer: An additional $30,000 from that...
Commissioner Dawkins: No.
Vice Mayor Plummer: • ..for Shorty. OK, whatever you want. I mean, if you
want to cut it down, I would just hope that we could continue that program
which has been a tremendous...
Commissioner Dawkins: OK, I'll tell you what.
Vice Mayor Plummer: OK.
Commissioner Dawkins: I'll vote for it, if you and I select a director. You
and I have veto power for each other over the director.
Vice Mayor Plummer: I have no problem with that.
Commissioner Dawkins: All right, so moved.
Mayor Suarez: Don't want to violate the Charter, I...
Commissioner Dawkins: I second, I second his motion. I second it.
Vice Mayor Plummer: No, no, he said veto power, Mr. Mayor.
Mayor Suarez: Yes, I... advisory, what would... Mr. City Attorney, what would
make sense?
Vice Mayor Plummer: All of...
Commissioner Alonso: You said, yes, so are you going to...
Mr. Jorge Fernandez: What was your question, Mr. Mayor?
Mayor Suarez: You know what my question is, Mr. City Attorney.
Mr. Fernandez: I'm afraid I don't have an answer for it.
Mayor Suarez: All right, sir.
Mr. Fernandez: If you restate it, I make a...
Commissioner De Yurre: Mr. Mayor....
Mayor Suarez: I would like... Oh, you mean you don't have it now because you
didn't hear it or because you had to think about it?
Commissioner De Yurre: Mr. Mayor, just make it...
Mayor Suarez: If you want to think about it, we could maybe table it. Yes?
Commissioner De Yurre: ...just make it a committee of two, and it has to be a
unanimous vote. So it's the same thing as a veto power.
Mayor Suarez: Can the City approve a motion to have two Commissioners in
effect be a Commission of two to select...
Vice Mayor Plummer: Oh, excuse me, make it a committee of one.
Mayor Suarez: ...have veto power over a director for this program, Do The
Right Thing, with Law Enforcement Trust Fund monies.
Mr. Fernandez: The answer is no.
Vice Mayor Plummer: Excuse me. Make my "Blue Brother" the sole...
16 July 11, 1991
..,
I
AP, ,OF'
Mayor Suarez: No, I don't think it's a matter of how many. I don't think
it's a matter of the Sunshine Law or anything. It's a matter of whether
that's an administrative or legislative...
Commissioner Dawkins: It's legislative because we've got to approve the
money. It's not administrative....
Mayor Suarez: Put it...
Commissioner De Yurre: Can't they bring back the director to the Commission?
Mayor Suarez: Yes, that's one way to express it is that we hold this item
pending our knowledge of who the director might be recommended, and...
Vice Mayor Plummer: Mr. Mayor, for your information, the director has been
chosen. And I will tell you the reason I have no fear of my colleague's
comments....
Mayor Suarez: I'm going to vote against this item. I don't know. J.L.,
maybe you ought to just table it or...
Commissioner Dawkins: No, that's all right. If J.L. says it's all right,
I'll go along with it because he knows my concern.
Mayor Suarez: Are you guys here on this, by any chance? Either one of you?
Commissioner Dawkins: No, we haven't talked to them.
Assistant Chief Raul Martinez: Now, Mr. Mayor, executive committee has
- selected a director, and the executive committee is not made up of the Police
Department. They are volunteers from the community that have made the
selection based on the recommendation by the old director, Terry Stone-
Ketover. So a director has been selected. They're in the process of...
Mayor Suarez: So, the old director picked her successor.
Asst. Chief Martinez: No, the old director and the executive committee, which
is made up of community people that make all these decisions. The Police
Department has no input into that.
Vice Mayor Plummer: OK, let's table it, and I'll bring it back at the next
meeting.
Mayor Suarez: I would really appreciate it.
Vice Mayor Plummer: Yes, I'll bring it back.
Commissioner Dawkins: Bring it back.
Mayor Suarez: Chief, you're not here on this item, are you? I mean, if it's
anything...
Vice Mayor Plummer: I'll table it, Mr. Mayor.
Mayor Suarez: ...that you, at any time, consider to be extremely important to
the functioning of the department, please alert us to that. We have been
known to be nitpickers, and on something like this, it's not much nitpicking
because you're talking $130,000. You're talking a new executive director,
you're talking a program that is having a great impact, but also is costing a
great deal of money. And I don't know, it's...I think all of us want to have
a little bit more input up here...
Vice Mayor Plummer: That's fine.
Mayor Suarez: ...and I think, legally, we can have a lot more input.
Vice Mayor Plummer: Mr. Manager, if you'll schedule it for the next
meeting...
Ms. Ann Whitten Lisk: Mr. Mayor...
17 July 11, 1991
Vice Mayor Plummer: ...and I will, in fact, as you requested, I will have a
committee meeting prior to the next meeting in which the Commission can have
input and the public can have input. That's no problem at all, sir.
Mayor Suarez; What is your involvement? -if I may ask.
Ms. Lisk: I'm sorry. I'm Ann Whitten Lisk, I'm executive director of Youth
Crime Watch of America, and I was here over item nine. But I can tell you
that the new director that was picked for the Do The Right Thing program, I
can...
Mayor Suarez: So, you're going to give us your advice at this point. None of
us have heard about this whole process and you're going to tell us that this
is...
Ms. Lisk: I'm only going to tell you that the new executive director...
Mayor Suarez: ...a great executive director. That's about... Can we have the
name at least? -since everybody seems to know except...
Ms. Lisk: The new director is Suzanne Joseph, and I can tell you about her
because she worked for me for four years.
Mayor Suarez: No, we're not interested in hearing about her right now, but
it's interesting to have your recommendation.
Ms. Lisk: She was my director of training for four years through Youth Crime
Watch of America.
Mayor Suarez: Very good.
Vice Mayor Plummer: You'd be very impressed with her background.
Commissioner Dawkins: I may and I may not be.
Vice Mayor Plummer: Shame on you.
Ms. Lisk: Well, she worked in the Dade County public schools.
Commissioner Dawkins: No, ain't no shame on me. I may not be that impressed.
Vice Mayor Plummer: I'm tabling the motion, Mr. Mayor.
Mayor Suarez: All right, thank you. And it wasn't on the agenda too, so we
didn't...
Commissioner Dawkins: No sense in me lying to her and telling her that I will
be impressed, when I may not be impressed.
Vice Mayor Plummer: The only thing I would ask of the Chief. Chief, if
you're going to, as I understand you're going to, have the program at the
Coconut Grove Playhouse, would you put those two together so we can handle
them all at the same time.
Commissioner Dawkins: Hold it, hold it, you just gave the Coconut Grove
$100,000...
Vice Mayor Plummer: Sir...
Commissioner Dawkins: ...$250,000. Now we're going to turn around and cut
them into the $100,000 too, J.L.?
Vice Mayor Plummer: No, sir, no, sir. That is a sep...
Commissioner Dawkins: No, no, wait a minute. No, I'm not talking to you.
Your name is not J.L. Go ahead, J.L.
Commissioner Dawkins: No, sir, that is the program, as you will recall, of
the production that was put into the schools. So all I'm saying...
Commissioner Dawkins: We gave $250,000 to the Coconut Grove Playhouse.
18 July 11, 1991
Aw 4r
Vice Mayor Plummer: Correct, sir.
Commissioner Dawkins: And 1 suggested that you have a black group, the M-
Ensemble, do the same thing.
Vice Mayor Plummer: Yes, sir. Yes, sir.
Commissioner Dawkins: Now, instead of giving M-Ensemble some money, you're
turning around locking Coconut Grove Playhouse into another $100,000. That's
unfair.
Vice Mayor Plummer: Sir, what I'm saying to the Chief is that I understand
they're going to recommend it. If they are, then let's handle both items at
the same time. That's all I'm saying. I'm not bringing it up today.
Commissioner Dawkins: OK, all right, well, Mr. Mayor move your agenda. J.L.
say he'll bring this back next time.
Vice Mayor Plummer: Yes, sir.
Mayor Suarez: Yes, this item, obviously, is going to require more scrutiny,
and that's as it should be. And it's part of our interest in having more
input into the Law Enforcement Trust Fund proceedings in any event.
Vice Mayor Plummer: I'll bring all the lobbyists to bring pressure.
Mayor Suarez: OK, CA... Please don't, please don't.
6. AMEND RESOLUTION 90-522, WHICH FUNDED OPERATING EXPENSES FOR TWO AIR
RESCUE HELICOPTERS - INCREASE OPERATING HOURS BY 357 - INCREASE
ALLOCATED FUNDS BY $49,980.
Mayor Suarez: CA-10.
Commissioner Dawkins: OK, 10. Who pulled ten?
Mayor Suarez: Mr. Gonzalez-Goenaga, do you want to make a brief statement on
CA-10, sir? -or do you want us to apply all your other statements to this?
Mr. Manuel Gonzalez-Goenaga: Yes, and another little bit more. I again
repeat because I think that Commissioners have very light memories, and I hope
that everything that I have said from previous meetings that are incorporated
in this. Now, we're talking about helicopters. What we need from the Police
Department is a little bit more of common sense. What they have done lately
in this community - I want this for the record - lots of cops viciously beat
52 Haitians. Cops viciously murdered one Puerto Rican individual. Cops
viciously arrested a decent clean-cut individual doing politics in the City of
Miami during regular business hours.
Mayor Suarez: Would that be yourself, by any chance?
Mr. Gonzalez-Goenaga: Yes. And that's the reason why I started this
organization against police brutality. There are many modes of police
brutality. Police brutality is not only to stick a person. It's not to treat
the public as they should, as friends. We are having here generally a Police
Department who is an army. Now they want helicopters...
Mayor Suarez: Well, the item we just handled, I mean, I hate to interrupt
your dissertation, but the item we just handled is an illustration of the
department trying to have better relations with the community. If you haven't
been to one of the Do The Right Thing programs, please go. Participate, give
us your input, and you might find a lot more positive things about what the
department is doing.
Mr. Gonzalez-Goenaga: Yes, but then in practice, in theory, is beautiful.
But...
19 July 11, 1991
Mayor Suarez: Well, out in the streets there are different kinds of
circumstances that call for different kinds of actions, and it's a who1P
different world out there. But with those youngsters, it's a magnificent
program they're doing, just as an illustration.
Mr. Gonzalez-Goenaga: Well, in that is... what 1 am is that they adopt the
Christopher Commission, which is more important, and I wish that you ask for
it from the Los Angeles. This independent Commission, I'm sure you are aware
of it, and they should...
Mayor Suarez: We're not lately looking too much at Los Angeles for examples
of things, but...
Mr. Gonzalez-Goenaga: Yes, because you don't... but we have the same thing
here, maybe worse.
Mayor Suarez: All right, thank you. Item...
Commissioner Dawkins: I second J.L.'s motion on ten.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
A
RESOLUTION NO. 91-501
A RESOLUTION AMENDING RESOLUTION NO. 90-522, ADOPTED
- JULY 12, 1990, AS AMENDED, WHICH FUNDED OPERATING
EXPENSES FOR TWO AIR RESCUE HELICOPTERS, BY INCREASING
THE APPROVED NUMBER OF FUTURE OPERATING HOURS BY 357,
WITH AN INCREASE IN ALLOCATED FUNDS NOT TO EXCEED
$49,980 FOR SUCH OPERATING EXPENSES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
_ AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
Note for the Record: Although absent during roll call, Commissioner De Yurre
requested of the Clerk to show him voting yes on the motion.
------------------------------------------------------------------------------
7. DISCUSSION CONCERNING A SCHEDULED METROPOLITAN DADE COUNTY WORKSHOP
REGARDING PROPOSED COUNTY REDISTRICTING.
Vice Mayor Plummer: Mr. Mayor, you all received this morning a very important
item, and that is the relationship to Metropolitan Dade County. Sherman Winn
is holding a workshop on July the 19th at 1:30 in reference to drawing the
district lines for the proposed new Metro Commission on the ballot. They will
vote on it the following Tuesday, and I just bring it to your attention from
the Dade League that it is very important and that as many of us that can,
will attend to make sure that the City of Miami is well protected.
Mayor Suarez: By the way, that's another example of a County Commissioner
making an effort to get input from the City of Miami, and I really hope that
we all reflect, Mr. Manager, that send him our commendation that once again,
in recent months, we've seen more and more of this, that they're interested in
working with us and getting our input.
20 July 11, 1991
Commissioner Alonso: Yes, we also received a fax from Vice Mayor Alex Penelas
inviting us to attend.
Mayor Suarez: Very good. That's another instance of the same thing. Do you
need a resolution on that or anything? I guess just a...
Vice Mayor Plummer: No, sir, it's just an invitation to attend the workshop
meeting.
Mayor Suarez: OK, did we do ten or eleven already?
Ms. Hirai: Ten, sir.
Mayor Suarez: All right.
------------------------------------------------------------------------------
8. AMEND RESOLUTION 89-798, CONCERNING DISPOSITION OF WEAPONS PREVIOUSLY
ISSUED FOR INDIVIDUAL USE BY SWORN POLICE OFFICERS.
------------------------------------------------------------------------------
Mayor Suarez: Eleven, CA-11. Mr. Gonzalez-Goenaga, we'll take your comments
on the prior item to apply to this?
Mr. Manuel Gonzalez-Goenaga: Yes
Mayor Suarez: All right, sir.
Commissioner Dawkins: Move eleven.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-502
A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 89-
798, ADOPTED SEPTEMBER 14, 1989, RELATING TO THE
DISPOSITION OF WEAPONS PREVIOUSLY ISSUED FOR
INDIVIDUAL USE BY SWORN PERSONNEL OF THE MIAMI POLICE
DEPARTMENT, TO THEREBY ESTABLISH A CITY COMMISSION
POLICY TO BE IN EFFECT FOR A ONE-YEAR PERIOD FROM THE
DATE OF THIS RESOLUTION TO PROVIDE THAT IF MORE THAN
ONE WEAPON HAD BEEN ISSUED TO SAID SWORN PERSONNEL FOR
THEIR INDIVIDUAL USE, THEY SHALL HAVE THE RIGHT TO
PURCHASE ON SUCH OTHER WEAPON, IF THE WEAPON IS
AVAILABLE, AT A PRICE WHICH IS EQUAL TO OR GREATER
THAN THE AMOUNT THAT WOULD BE REASONABLY ANTICIPATED
FROM THE SALE OF SUCH OTHER WEAPON THROUGH PUBLIC
AUCTION; FURTHER RATIFYING, APPROVING AND CONFIRMING
ANY SUCH ACTIONS THE CITY MANAGER MAY HAVE TAKEN IN
AUTHORIZING THE PURCHASE OF SUCH OTHER WEAPON PRIOR TO
THE DATE HEREOF.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
21 July 11, 1991
11
r]
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.
9. EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH: (a) STRATEGIC
INTERNATIONAL INC. ($11,520), (b) LARRY WARD ($9,650), AND (c) CARLOS
ZERVIGON ($5,250) - FOR PROVISION OF NINE POLICE SHARED VISION WORKSHOPS
(Law Enforcement Training Trust Fund).
Mayor Suarez: Commissioner Dawkins, you wanted to ask about twelve.
Commissioner Dawkins: Twelve. OK. Again, you guys put this right back the
way I asked you to explain to me, and nobody did. In the resolution you say,
two Shared Vision workshops - two. Then in the body, you say, "...conduct
five one -day workshops," which is five. Then the provider will conduct two
one -day workshops for the administration, two one -day workshops for
investigative division. So that's nine workshops. And you also say back here
that they will be paid after each session. Now, if you're paying two
hundred... if you're paying $26,000 for two workshops in the resolution, what
is the other? Oh, "...City shall pay provider $9,650 as total compensation
within 30 days after the completion of each series of workshops." But yet you
got two workshops, and you got nine workshops in the body. Now, what is what?
I asked you this before, and you guys put the same identical item back in the
agenda without even changing anything.
Lt. Joseph Longueira: Commissioner, it's actually nine workshops. Two in the
investigations division, two in the administration division, and five in the
field operations division. There's five workshops total.
Commissioner Dawkins: Nine workshops.
Lt. Longueira: Yes, nine total, I'm sorry. And because of the number of
people involved, we had to split them up into that many workshops.
Commissioner Dawkins: Yes, but... OK then why didn't you go back and change
the body of the resolution and say nine workshops? The provider provision of
nine Shared Vision workshops, rather than two?
Lt. Longueira: That's our error, sir.
Vice Mayor Plummer: He wanted to give you the opportunity to do it.
Commissioner Dawkins: All right, change... I move this with the resolution
being changed to reflect that there will be nine Shared workshops instead of
two.
Vice Mayor Plummer: Second.
Mayor Suarez: So moved and seconded. Are you waiting on this item or the
next?
Mr. Manuel Gonzalez-Goenaga: Yes. Specifically I'm just going to mention
that this is a way of further deceiving by the Police Department on the way it
is presented to the Commissioners. And please, I suggest as an individual,
and some members are backing me up of this community, that not one more cent
is given to the Police Department until they found out the $150,000 stolen
five years ago.
Mayor Suarez: All right...
Mr. Gonzalez-Goenaga: Otherwise, you can rest assured that I will talk to the
U.S. Attorney to start a full investigation of the Police Department and all
22 July 11, 1991
0
these Commissioners, except Mrs. Alonso and Mr. Plummer. Thank you very much.
(LAUGHTER) Keep laughing. And your ceiling, I don't know if it is still
falling down or it's in good shape. Mr. Padreira's ceiling of your house.
Commissioner Dawkins: I move the item.
Mayor Suarez: All right, on the item, CA-12...
Vice Mayor Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-503
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS,
IN SUBSTANTIALLY THE FORM ATTACHED, WITH STRATEGIC
INTERNATIONAL, INC., IN THE AMOUNT OF $11,520, LARRY
_ WARD IN THE AMOUNT OF $9,650 AND CARLOS ZERVIGON IN
THE AMOUNT OF $5,250, FOR THE PROVISION OF NINE
"SHARED VISION" WORKSHOPS, FOR THE CITY OF MIAMI
POLICE DEPARTMENT, WITH FUNDS THEREFOR ALLOCATED IN A
TOTAL AMOUNT NOT TO EXCEED $26,420 FROM THE LAW
ENFORCEMENT TRAINING TRUST FUND, PROJECT NO. 619001,
INDEX CODE 290508-270, 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 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.
------------------------------------------------------------------------------
10. EXECUTE PROFESSIONAL SERVICES AGREEMENT: FLORIDA MEMORIAL COLLEGE - FOR
PROVISION OF TWO 80-HOUR PRE -ACADEMY ORIENTATION CLASSES ($11,000 - Law
Enforcement Training Trust Fund).
Mayor Suarez: Item CA-13. Mr. Manolo Gonzalez-Goenaga, do you want us to
apply your comments to that, sir?
Mr. Manuel Gonzalez-Goenaga: I think I have said enough, and I hope that you
people feeling.
Mayor Suarez: All right, yes, I wouldn't say much more than what you said the
last time around, because pretty soon you're going to be doing the kinds of
things that constitute libel, so all right, as to CA-13, I'll entertain a
motion.
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
23 July 11, 1991
r]
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-504
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA
MEMORIAL COLLEGE, FOR THE PROVISION OF TWO EIGHTY -HOUR
PRE -ACADEMY ORIENTATION CLASSES FOR THE CITY OF MIAMI
POLICE DEPARTMENT, AND ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $11,000, FROM THE LAW
ENFORCEMENT TRAINING TRUST FUND, PROJECT NO. 136002,
INDEX CODE 029013-429.
(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.
------------------------------------------------------------------------------
11. APPROVE MOST QUALIFIED FIRM TO PROVIDE PROFESSIONAL ENGINEERING SERVICES
FOR OBTAINING A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT, FOR CITY' STORM SEWER SYSTEM - DIRECT MANAGER TO PRESENT
NEGOTIATED AGREEMENT TO COMMISSION FOR APPROVAL.
Mayor Suarez: Item 15. Commissioner Dawkins wanted clarification.
Commissioner Dawkins: Yes. Somebody, anybody, what's the total amount of
money we're talking about here?
Dr. Luis Prieto: We're looking at phase I, a maximum of $500,000.
Commissioner Dawkins: Five hundred thousand dollars for phase I. So, how
many phases is it?
Mr. Prieto: It is to permit, get a permit by November from the federal
government.
Commissioner Dawkins: How many phases? You tell me it's a half a million
dollars for phase I. How many phases will there be?
Mr. Prieto: Federal government demands two phases, sir.
Commissioner Dawkins: Sir, sir. Two phases.
Mr. Prieto: Two phases, yes.
Commissioner Dawkins: What's the estimated cost of the second phase?
Mr. Prieto: Right now, we think a maximum of $700,000.
Commissioner Dawkins: Seven hundred thousand.
Mr. Prieto: Yes.
Commissioner Dawkins: So we're going to spend a million two in this.
24 July 11, 1991
LA
Mr. Prieto: We hope not, sir. We hope to make it much less than that.
Commissioner Dawkins: And it could go over.
Mr. Prieto: It could be a maximum of a million two.
Commissioner Dawkins: And it could go over a million two.
Mr. Prieto: No, sir, we do not think so. Because if that happens, we would
like to do as much as possible in-house.
Commissioner Dawkins: Whoa, whoa, wait a minute. You mean to tell me we have
the capabilities of doing this work in-house, and you're going to go outside
and do it. And if it runs into a snag, you're going to come back in-house and
do it?
Mr. Prieto: Well, what it would do, it would divert the efforts of the City
forces from actually doing construction of storm sewers into doing a
permitting. We don't want to do that. We would rather apply our personnel to
the actual construction of physical civil works. So that's why we're doing it
outhouse. In addition to that, these people have laboratories that we do not
have capabilities of having in-house.
Commissioner Dawkins: How many planners and other professional people you
are - for the lack of a better word - short in your department?
Mr. Prieto: For what we're doing right now, we're at the right size.
Commissioner Dawkins: Sir, sir, sir. I'm going to ask the question again.
And then, after you answer the question, I mean, then I'll be willing to
listen, OK? How many professional people would you say you are short in your
department?
Mr. Prieto: We're not short of anybody right now.
Commissioner Dawkins: All right. Now go on and answer that. OK?
Mr. Prieto: Right.
Commissioner Dawkins: So if you're not short any...
Mr. Prieto: That's right.
Commissioner Dawkins: You have all the planners, all of the...
Mr. Prieto: Engineers and archi...
Commissioner Dawkins: ...engineers and everything that you need.
Mr. Prieto: Yes, sir.
Commissioner Dawkins: Then I move that they do this, since they got all these
people. He don't need nobody else, so I move that they do it in-house.
Mr. Prieto: No, sir, we can't do most of this work.
Commissioner Dawkins: You say you got everything you need.
Mr. Prieto: But not for this type of work. We have what we need....
Commissioner Dawkins: Then you have to be short something then.
Mr. Prieto: No. This thing has been thrust upon us by the federal
government. We never expected this to come to us.
Commissioner Dawkins: When did we receive it from the federal government,
doctor?
Mr. Prieto: October 31st of 1990, last year, sir.
Commissioner Dawkins: Of 1990.
25 July 11, 1991
Mr. Prieto: Yes, sir.
Commissioner Dawkins: All right, this is 192.
Mr. Prieto: Ninety-one.
Commissioner Dawkins: Ninety-one, OK. All right, '91.
Mr. Prieto: Right.
Commissioner Dawkins: Well OK, nothing. I have no further discussion, Mr.
Mayor.
Mayor Suarez: Do we have a motion and a second on the item, Madam City Clerk?
Ms. Hirai: No, sir.
Mayor Suarez: Was it clarified that some of this, or all of it, presumably,
is with SWIM (Surface Water Improvement and Management) Bill monies?
Commissioner Alonso: Is this item acceptable to Commissioner Dawkins?
Mr. Prieto: Yes.
Commissioner Alonso: OK, I so move.
Mayor Suarez: OK, it's all with SWIM Bill monies that...
Commissioner Dawkins: It's twin bill money?
Mayor Suarez: SWIM Bill, right. We...
- Mr. Prieto: No, this is not SWIM. We're using storm water utility funds,
sir.
Commissioner Dawkins: It's what money?
Mr. Odio: No, no, it's the storm water fees monies.
Mayor Suarez: Storm water utility funds of the kinds that are obtained from
the bond out of what people get in their water and sewer bills?
Mr. Prieto: Exactly, sir.
Commissioner Alonso: So move.
Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-505
A RESOLUTION APPROVING THE MOST QUALIFIED FIRM TO
PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
OBTAINING A NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT FOR THE CITY'S STORM SEWER
SYSTEM; AUTHORIZING THE CITY MANAGER TO UNDERTAKE
NEGOTIATIONS WITH THE MOST QUALIFIED FIRM TO ARRIVE AT
A CONTRACT WHICH IS FAIR, COMPETITIVE AND REASONABLE;
AND DIRECTING THE CITY MANAGER TO PRESENT THE
NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS
APPROVAL.
(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:
26 July 11, 1991
11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13. EXTEND AGREEMENT WITH RAYMOND JAMES & ASSOCIATES, INC., AND HOWARD GARY
& COMPANY - FOR PROVISION OF FINANCIAL ADVISORY SERVICES.
Mayor Suarez: Item 20, Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, on item 20, I see where you say, "...renew
this for one year period." Knowing the financial problems that I see, and
it's obvious that nobody sees them but me, I would think that we would want a
continuation of these services. So I would move that instead of this being
renewed for one year, that it be renewed for a two year period so that there's
continuity, rather than coming up next year when I know that - I know, don't
nobody know but me - that there's a shortfall of funds. And we're going to
need the continuity. So I would move this with a two-year period instead of
one year.
Vice Mayor Plummer: Second.
Mayor Suarez: What is the recommendation of staff, and what is the legality
of... did we put out an RFP on this?
Mr. Odio: Let me say this, I would love to do that. I am very, very happy
with their help, especially in their handling of New York rating agencies.
They have done excellent. We have a problem though, Commissioner Dawkins, is
that they are telling me that because we had an RFP that called for the two-
year, and a one and a one, that we would have to advertise again.
Commissioner Dawkins: You know, it's amazing that every time I say something
up here the Law Department finds all the ways not to do it. You know, it's
amazing. And when other people say something up here, they say, oh, yes, we
can do that. OK? Now, you... I'll defer this until you all come back and
tell me how it can be done. Now, I'm deferring it with the understanding that
there's a two-year time limit on your getting back telling me how to do it.
If you don't do it, and if you don't come back in two years and tell me how
it's done, we extend this contract on a month -to -month basis for 24 months.
And at the end of 24 months, the contract is dead.
Mayor Suarez: Moved to defer the item.
Vice Mayor Plummer: Second.
Mr. Manuel Gonzalez-Goenaga: Could I say something about it?
Mayor Suarez: Seconded. It's a motion to defer at this point. It's
procedure.
Commissioner De Yurre: Let me ask something. Is the reason you're saying
that legally it can't be done because this is what? -the fourth year of that
response to the RFP that was awarded?
Mr. Odio: The original RFP called for four years. In other words, two, one
and one.
Commissioner De Yurre: And this is part of the award...
Mr. Odio: This would be the last year of the RFP.
Commissioner De Yurre: This will be for year four.
28 July 11, 1991
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.
12. EXECUTE AGREEMENT: THE WYATT COMPANY - FOR PROFESSIONAL CONSULTING
SERVICES CONCERNING REVIEW OF THE UNION HEALTH TRUST OF THE FRATERNAL
ORDER OF POLICE, LODGE NO. 20 - ALLOCATE FUNDS (Police Department Group
Insurance Account).
Mayor Suarez: Item 20 was the last one. No, I'm sorry, item 18 was
requested, clarification by someone. One of the Commissioners, I believe.
Commissioner Alonso: Which one? -18?
Mayor Suarez: Member of the public. Eighteen. Anyone wish to have any
clarification on item 18?
Mr. Manuel Gonzalez-Goenaga: I don't understand it.
Mayor Suarez: Oh. Could it have been Mr. Gonzalez-Goenaga that asked? Ask
now or forever hold your peace, whoever has any question about CA-18.
Commissioner Alonso: Eighteen.
Vice Mayor Plummer: Was it pulled?
Commissioner Alonso: Yes.
Mayor Suarez: If not, I'll entertain a motion on it.
Vice Mayor Plummer: So move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-506
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE WYATT COMPANY, FOR
PROFESSIONAL CONSULTING SERVICES CONCERNING THE REVIEW
OF THE FRATERNAL ORDER OF POLICE, LODGE NO. 20'S UNION
HEALTH TRUST WHICH IMPACTS ON THE CITY OF MIAMI;
ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $5,200 FOR
SUCH SERVICES FROM THE POLICE DEPARTMENT GROUP
INSURANCE ACCOUNT NO. 290301-130.
(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:
27 July 11, 1991
Mr. Odio: This is... it would be for year four.
Commissioner De Yurre: It was what? Two, one plus one.
Mr. Odio: Right. That's what... this would be the...
Commissioner Dawkins: Or was it two... or was it four years?
Mr. Odio: It was a total of four year, Commissioner Dawkins.
Commissioner Dawkins: All right, so if two years only went by, then you got
two more years.
Commissioner De Yurre: No, no, three. Three have gone by.
Mr. Odio: No, they have gone three, you see.
Commissioner De Yurre: Three, so that's the thing.
Commissioner Dawkins: What was the first year of this contract?
Commissioner Alonso: This is the last of the RFP.
Commissioner De Yurre: There's only one left.
Commissioner Dawkins: What was the first year of this contract?
Mr. Odio: Eighty-eight? Eighty-eight, yes.
Commissioner Dawkins: What month in 188?
Mr. Garcia: October 1, 1988.
Mayor Suarez: The beginning of the fiscal year?
Mr. Garcia: Yes, sir.
Commissioner De Yurre: So the year's up then October the 30th.
Mr. Gonzalez-Goenaga: Mr. Mayor....
Mayor Suarez: Wait, sir, wait, wait.
Commissioner Dawkins: Mr. City Attorney.
Mr. Jorge Fernandez: Yes, sir.
Commissioner Dawkins: Is it anything illegal about deferring this for 24
months?
Mr. Fernandez: Sir, my recommendation to you...
Commissioner Dawkins: It is anything illegal? You know, that's fine, you
know. But like I said now, every time I listen and I listen to you, and I've
lost every court case listening to you. We haven't won a court case yet
listening to you. All right, so now I will take the chances on going to court
and losing. I don't have no problem with it. Maybe the rest of the
Commissioners do, but 1 don't.
Mr. Fernandez: Commissioner Miller, you asked me a question, I answer it the
best I know how.
Commissioner Dawkins: OK, sir, fine.
Mr. Fernandez: If you ask me a question, would it be legal...
Commissioner Dawkins: Yes, sir.
- Mr. Fernandez: ...to extend at this point in time the contract for two years
rather than one, my answer would have to be yes. Were you to ask me, are
there ways of, besides extending it for one year, to give this company
additional time, then the answer would be, yes, and that would be up to the
29 July 11, 1991
creativity and to the everything else that your administration may come up
with in finding ways of doing that, hopefully, with my consultation.
Commissioner Dawkins: And you would have to do that with the City Manager?
In conjunction with the City Manager. Right?
Mr. Fernandez: I would think so.
Commissioner Dawkins: All right, thank you, OK.
Mr. Fernandez: Because he's the one who would make all those decisions.
Commissioner Alonso: Then the answer is yes, it can be done.
Mr. Fernandez: You cannot vote to extend it for two years.
Commissioner Dawkins: OK, I'll tell you what, I move...
Mr. Fernandez: You can vote to extend it for one year,
Commissioner Dawkins: All right, I move that we extend it for one year, and
that the City Attorney find creative and innovative ways to extend it beyond
the four years knowing that we are in a political crisis and I feel that we
need this continuity...
Vice Mayor Plummer: Not political.
Commissioner Dawkins: Financial.
Vice Mayor Plummer: Financial crisis.
Commissioner Dawkins: Political, you running, we're running.....
Mayor Suarez: Some of us are in a political crisis.
Commissioner Dawkins: So I move.
Mayor Suarez: All right. So moved.
Mr. Gonzalez-Goenaga: Objection. Could I say something?
Mayor Suarez: Wait, wait, wait. Do we have a second on the motion?
Commissioner Alonso: Yes.
Mayor Suarez: Seconded. Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: It's very important that the Commissioners consider
what appeared on Wednesday, July 10, 1991, on the editorial of the Herald.
"The City Gets Taken Again," and Howard Gary is involved. It's my
presumption, and I cannot tell for sure because I don't know the facts, that
Mr. Howard Gary is earning more now from the City of Miami than when he was
City Manager. Excuse me, could I finish a little bit more? The issue here is
full disclosure. I don't have anything against Howard Gary. I don't have
anything against him because he's black, white, or Caucasian, or Puerto Rican,
or Cuban. The situation is that he's not the only expert in finance that are
around. Remember that Ivan Bosky on Wall Street, the big economists, they
fall down.
Mayor Suarez: I was wondering how you were going to bring Wall Street into
this. OK.
Mr. Gonzalez•.•Goenaga: Huh? But Raymond James is a good local, from the State
of Florida, but you can rest assured that J. P. Morgan, Goldman Sachs, and
many others are more qualified and with more knowledge than Mr. Howard Gary,
even though I respect Mr. Gary.
Mayor Suarez: All right, thank you.
Mr. Gonzalez-Goenaga: And especially, I want this to be included in the
record.
30 July 11, 1991
Commissioner Dawkins: OK, Mr. Mayor...
Mayor Suarez: All right, that's the first time in a long time that we include
= a Miami Herald editorial in the record. I'm not sure if the record can
withstand the impact of that.
Vice Mayor Plummer: I didn't get to read that memo. There's a memo on my
desk, I got to read it. I don't know what it said, it just was there this
morning so I don't what it said.
Commissioner Alonso: Yes, we have the intention of going against the Herald.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Gonzalez-Goenaga: Well, I have to rely on what I read, on the newspaper.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Wait, wait, sir, you're finished. Commissioner Dawkins.
Mr. Gonzalez-Goenaga: Conflict of interest.
Commissioner Dawkins: Ask Mr. Gonzalez to put his name and address into the
records.
Mayor Suarez: Did you have... I forgot to ask you to put your name and
address in the record.
Commissioner Dawkins: Put the name and his present address in the records.
Mr. Gonzalez-Goenaga: I am moving to the City of Miami, and just this
morning...
Commissioner Dawkins: No, not when. I don't want to know when. Where do you
reside now?
Mayor Suarez: We need your address, Mr. Gonzalez-Goenaga. If you don't...
Mr. Gonzalez-Goenaga: Where I sleep?
Commissioner Dawkins: Yes, now. No, no, I don't know who you sleep with, I
don't care. Where do you live?
Mr. Gonzalez-Goenaga: Where I sleep, let...
Commissioner Dawkins: No, no. I don't want to know who you sleep with, where
do you live?
Mr. Gonzalez-Goenaga: Well, the campaign address, 1714...
Commissioner Dawkins: No, no, where do you live?
Mr. Gonzalez-Goenaga: Well, I sleep in many places.
Commissioner Dawkins: No, no. Wait, Mr. Mayor, ask him, Mr. Mayor, under
oath, please, where does he get homestead exemption?
Mayor Suarez: All right, Mr. Gonzalez-Goenaga, we need...
Mr. Gonzalez-Goenaga: Under oath...
Mayor Suarez: Sir, sir, wait, I haven't asked the question yet.
Commissioner Dawkins: ...Homestead exemption.
Mayor Suarez: If I understand our Code correctly, you're to give your address
where you get your correspondence, where you make your full time residence
into the record when you make a presentation to this Commission. So what
address is that?
31 July 11, 1991
Mr. Gonzalez-Goenaga: I get correspondence at 227 Santiller Avenue. I sleep
�_ many nights in the City of Miami, many nights in Coral Gables, and many nights
in Kendall.
Mayor Suarez: Just want your address.
Commissioner Alonso: If he's married, he's in trouble.
Mayor Suarez: Your intentions as to where you're going to live in the next 50
- years are of no concern to us, sir.
Mr. Gonzalez-Goenaga: No, no, I am... Commissioner Plummer sees me constantly
in Bay Heights.
Mayor Suarez: Yes.
Mr. Gonzalez-Goenaga: Sometimes I sleep there.
Mayor Suarez: He probably wonders what you're doing in Bay Heights, but, yes,
all right. Commissioner Alonso, you wanted to say something?
s
Mr. Gonzalez-Goenaga: Not while you're doing other things.
Mayor Suarez: All right...
Commissioner Dawkins: The gentleman does reside, for the records, in Coral
— Gables.
Mayor Suarez: Yes, that's in the record now.
Commissioner Dawkins: He does not reside in the City of Miami.
Mayor Suarez: All right, thank you.
Mr. Gonzalez-Goenaga: And what does that means with this?
Mayor Suarez: No, sir, you've not been asked any question. The Commissioner
=_
just put a statement into the record. Thank you, Manolo.
Mr. Gonzalez-Goenaga: OK.
Mayor Suarez: All right, on the item... Were we on an item? I don't even
remember any more.
Ms. Hirai: On the motion done by Commissioner Dawkins, and seconded by
Commissioner Alonso.
Mayor Suarez: All right, is the motion to approve the contract for one year?
Now, does that supplementary wording that indicates that this might some how
run over into a month -to -month contract after that?
Mr. Fernandez: No, sir, there is no such supplementary language...
Mayor Suarez: All right.
Mr. Fernandez: ...that's merely perhaps in...
Mayor Suarez: Advisory, recommendatory...
- Mr. Fernandez: ...an untimely expression of this Commission, which would be
taken under advisement.
Mayor Suarez: OK. It's not binding at this point. Because, otherwise, I
couldn't vote favorably to that. All right? So moved and seconded. Any
discussion? If not, please call the roll.
32 July 11, 1991
io
0
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-507
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZJNG THE CITY
MANAGER TO EXTEND THE EXISTING AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND RAYMOND JAMES & ASSOCIATES, INC. & HOWARD
GARY AND COMPANY FOR THE PROVISJON OF FINANCIAL
ADVISORY SERVICES FOR A ONE-YEAR PERIOD, WITH
COMPENSATION FOR SUCH SERVICES BEING ALLOCATED FROM
APPROPRIATED CAPITAL IMPROVEMENT PROJECT NO. 311016.
(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.
------------------------------------------------------------------------------
14. OPEN BIDS FOR SALE OF $7,000,000 SANITARY SEWER SYSTEM BONDS AND
$3,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITY BONDS.
Commissioner Dawkins: Mr. Mayor, before we get into the agenda, Mr. Bill
Sawyer has been sitting here patiently. Could we take Mr. Sawyer's item out
of order?
Mayor Suarez: OK, this is not scheduled for a public hearing at a later time,
by any chance? Is it the approval of the new...
Commissioner Dawkins: Fifteen, what is it? -12 or 15?
Mayor Suarez: ...Overtown Park West project? Because if so, we'll take it in
a second. Madam City Clerk, you have to open bids at 10:00 o'clock? Which
item is it, ma'am?
Mr. Hirai: Item 32 on the agenda, Mr. Mayor.
Mayor Suarez: Thirty-two, item 32, quickly, and then we'll try to do...
Ms. Hirai: This is acknowledging receipt, opening and reading and referring
to the City Manager for tabulation bids authorized... resolution number 91-
449, for the sale of $7,000,000 sanitary sewer system bonds and $3,000,000
fire fighting, fire prevention and rescue facility bonds of the City.
Mayor Suarez: So moved. I'm sorry, moved and seconded.
Vice Mayor Plummer: Yes, move it, move it.
Mayor Suarez: Any discussion? If not, please call the roll.
33 July 11, 1991
El
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-508
A RESOLUTION ACKNOWLEDGING RECEIPT, OPENING, READING,
AND THE REFERRING TO THE CITY MANAGER FOR TABULATION
AND REPORT, THOSE BIDS AUTHORIZED TO BE RECEIVED THIS
DATE UNDER RESOLUTION NO. 91-449, ADOPTED JUNE 20,
1991, FOR THE SALE OF $7,000,000 SANITARY SEWER SYSTEM
BONDS AND $3,000,000 FIRE FIGHTING, FIRE PREVENTION
AND RESCUE FACILITY BONDS OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Commissioner Dawkins, anything else we need to do?
Mr. Jorge Fernandez: Item thirty...
Ms. Hirai: To read them into the record, Mr. Mayor.
Mayor Suarez: All right, read them into the record, please.
Ms. Hirai: First one is from Southeast Bank, interest for the cost of the
bonds calculated as described in the notice of sale, is 6.7972; second one is
from Lehman Brothers, the interest is 6.7064; the next one is from Smith
Barney, the interest is 6.759644. Is that it? Next one is from Merrill -
Lynch, and the interest is 6.7974. This is again from Southeast Bank. The
next one is from Goldman Sachs & Co., and the interest is 6.819961. That is
it, Mr. Mayor. Those are all the bids received.
Mayor Suarez: Who's lowest?
Vice Mayor Plummer: Lehman Brothers.
Mayor Suarez: What's that? -6.70?
Vice Mayor Plummer: Yes.
Ms. Hirai: Seems to be from Lehman Brothers, 6.7064.
Mayor Suarez: All right, do we need to do anything on the item? Just publish
the...
Vice Mayor Plummer: No, you need to do 33...
Mr. Fernandez: Thirty-three.
Vice Mayor Plummer: ...after they've recommended.
Mr. Garcia: We'll have to come to you later on today.
Mayor Suarez: All right, item 33 unless Commissioner Dawkins... It's 32,
we've opened the bids publicly, tabulated them.
Commissioner Dawkins: Is 5, 32 and 33 related?
IL
34 July 11, 1991
T
Vice Mayor Plummer: Thirty-two and 33, yes.
Mr. Garcia: Yes, sir, but we have...
Commissioner Dawkins: Is 5, 32 and 33 related?
Mr. Garcia: Yes, sir.
Vice Mayor Plummer: Oh, five.
Commissioner Dawkins: All right...
Mr. Garcia: No, five is not. Thirty-two and 33 are related.
Commissioner Dawkins: Well, what is this you just did now?
Mr. Garcia: Reading the bids.
Commissioner Dawkins: The bids.
Mr. Garcia: Now, we're getting the bids back, we're going to tabulate them,
make sure they are right, and then we'll come back to you, hopefully, before
12:00 o'clock today to award the sale.
Vice Mayor Plummer: Wait a minute, Carlos. Of the $3,000,000 for fire and
rescue, is any of that money address item five, which is the fire station
number 12? I would assume yes.
Mr. Garcia: Yes, yes.
Vice Mayor Plummer: So, the answer to his question is, they are definitely
related because five cannot be done without the other one being passed because
there's no money.
Mr. Garcia: Yes, they are related, but they are not companions. Companions
are 32 and 33.
Vice Mayor Plummer: But his question, you answered negatively when it should
have been answered positively.
Mr. Garcia: You're right, Commissioner, I stand corrected.
Commissioner Dawkins: You know, and this happens every time, J.L. They know
it's related. You know it. We all know it's related. OK? But yet they will
tell me, no, as if we don't know any better. Now, unless... OK, go ahead, we
can... all right, no further questions....
Mayor Suarez: OK, on 32, we don't need any motions on 32, madam City Clerk,
other than what we've already done?
Ms. Hirai: We have it, Mr. Mayor.
Mayor Suarez: OK, on 33 then.
Mr. Garcia: We'll come back before 12:00 o'clock, hopefully, to have 33
passed, Mr. Mayor.
Commissioner Dawkins: Wait a minute.
Mayor Suarez: Without which passed?
Mr. Garcia: Yes.
Commissioner Dawkins: All right, now this is 32 here.
Mr. Garcia: Yes.
Commissioner Alonso: Thirty-two.
Mr. Garcia: Thirty-two has been passed. Thirty-three has to be passed once
the...
35 July 11, 1991
Commissioner Alonso: Thirty-three, they will come back for it.
Mayor Suarez: Thirty-three, you're not ready for us to act on.
Mr. Garcia: No, we're not.
Mayor Suarez: All right, thank you.
Commissioner Dawkins: All right now, Mr. Manager, when you have items that
are related, it would make me feel better if they ran in sequential order.
Don't put 5 up here, 32 in the back, and then 33 when they're all related.
Mayor Suarez: Or a cross reference at least to say, this item is related to
item five.
Vice Mayor Plummer: Well, put the cart in front of the horse. What it should
have been is five should have been after 33.
Commissioner Dawkins: That's right.
Commissioner Alonso: That's right.
Vice Mayor Plummer: I agree. You can't do anything without the money.
Commissioner Dawkins: That's right. OK, no problem.
------------------------------------------------------------------------------
15. APPROVE SELECTION OF SAWYER'S WALK LTD. AS SUCCESSFUL PROPOSER FOR
UNIFIED DEVELOPMENT (UDP) OF CITY -OWNED PROPERTY (BLOCKS 45, 55 AND 56)
IN SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT DISTRICT -
AUTHORIZE MANAGER TO NEGOTIATE LEASE AGREEMENT (ENSURING 40% BLACK
PARTICIPATION) AND TO PRESENT NEGOTIATED AGREEMENT TO COMMISSION FOR
FINAL APPROVAL.
------------------------------------------------------------------------------
Mayor Suarez: OK, you wanted to handle out of order item 10. Commissioner
Dawkins' request, item 10. And in deference to Mr. Sawyer.
Commissioner Dawkins: Ten, please. No, just you. Bill doesn't need to get
up.
Mayor Suarez: "We are your closest allies," says the Miami Herald. I'm not
sure what the...
Commissioner Dawkins: I don't either.
Mayor Suarez: ...blank that means, but what need we consider today? We have
a recommendation on the bid. You were the only bidder, I believe.
Mr. Ted Weitzel: Correct.
Mayor Suarez: We are sufficiently aware of the work you've done already in
the project, and of the parameters of this particular one, you've met the RFP
presumably. Do we need to put a recommendation from the City Manager on the
record?
Mr. Odio: Yes, we recommend this item.
Mayor Suarez: OK.
Vice Mayor Plummer: Move it.
Commissioner Alonso: So move.
Mayor Suarez: Moved and seconded.
Commissioner Dawkins: All right, under discussion.
Mayor Suarez: Commissioner Dawkins.
36 July 11, 1991
Commissioner Dawkins: I'm going to vote with this with one stipulation, that
when you come back with your financing, that if at least 40 percent of the
total package is not owned by blacks - and I don't mean participating blacks,
I mean full partners share in the total profit participants - then your
project should be voted down. OK? Now, under discussion again, Mr. Mayor,
and I want Mr. Goldfarb or anybody to hear this. You know, I, for one, am fed
up with those individuals who pretend to be concerned about the welfare of the
City of Miami, but they're always looking for ways to reduce my tax base
rather than increase it. Now, I wish somebody would tell Mr. Marty Fine, as
much as I respect him. I want somebody to tell the chamber of commerce, as
much as I respect them. On no piece of property in the Overtown Park West
that we can build income property on, will I vote to put a non -tax producing
entity. Whether it be a Dade County Courthouse, whether it be a City of
Miami - because we already got free land to put something on - we do not need
to take that land in Overtown Park West and listen to individuals that we
should put some non -taxing entity on it. It doesn't make sense. And I want
to go on the record for saying that. No farther discussion.
Mayor Suarez: All right, on the item, we have a motion and a second. Any
discussion? If not, please call the roll.
Mr. Jorge Fernandez: Mr. Mayor, before you call the roll...
Mayor Suarez: Yes?
Mr. Fernandez: ...point of clarification and making sure that all of you are
plenty mindful of the fact that this award is being made and the developer, or
the proposer, is very mindful because we have made it very clear to them from
the very inception, subject to litigation. The prior proposer...
Mayor Suarez: Why? -do they have a temporary restraining order?
Mr. Fernandez: No, we don't have a re....
Mayor Suarez: Do they have any mandatory order from the court prohibiting our
taking this action and proceeding with our contracting rights?
Mr. Fernandez: None at all, sir. I'm not prohibiting you from taking this
action. I'm just making you mindful of the fact that there is pending
litigation over this...
Mayor Suarez: There's all kinds of pending litigation, but this action is not
subject to that.
Mr. Fernandez: Not at all, sir.
Mayor Suarez: All right.
Mr. Fernandez: I just wanted to make...
Mayor Suarez: That's just the wording that you used that kind of got me a
little bit there. We now have to be saying we're subject to some litigation
that we don't think has any merit.
Vice Mayor Plummer: Well...
Mr. Fernandez: Correct. That's correct. That's our position also...
Mayor Suarez: All right.
Vice Mayor Plummer: Can I...
Mr. Fernandez: ...but nonetheless...
Mayor Suarez: You're sort of giving us a warning that someday...
Mr. Fernandez: And so...
Mayor Suarez: I can't imagine how they could complicate this if they don't
have a bond up, and a temporary restraining order. But...
Vice Mayor Plummer: Can I ask...
37 July 11, 1991
Ash
Mr. Fernandez: My concern over this is that the present proposer is
proceeding all along, and I am sure that there are expenditures being made and
the like. I wanted to make it very clear for this Commission, officially on
the record, that this Commission is not entering into any relationship or
agreement, although you have the right to do it, but that it doesn't carry any
other consequence, because everyone has been fully advised on the premises
that there is pending litigation.
Mayor Sudrez: All right, now, if this Commission is inclined to go ahead and
complete the contract, and if Commissioner Dawkins' other concerns are
resolved, I, for one, would vote favorably to go on ahead and beginning the
work. I'm not going to wait for that other.
Mr. Fernandez: Yes, and I would recommend - and I concur with your vote and
concur with the recommendation.
Mayor Suarez: All right.
Mr. Fernandez: My only concern is that courts being as unpredictable as they
are, and the merits...
Mayor Suarez: What you're saying is, at this point they have no reliance
interest...
Mr. Fernandez: Correct.
Mayor Suarez: ...that they can claim against us.
Mr. Fernandez: Correct.
Mayor Suarez: All right. But at some point, they will. I mean, at some
point, we will begin the project.
Mr. Fernandez: And they do so at their risk. Until there is a final
determination of the pending lawsuit, this developer standing here in front of
you today...
Mayor Suarez: All right.
Mr. Fernandez: ...takes knowing that all rights and all interest that we're
negotiating with him are subject to a higher authority, a federal court,
deciding the merits.
Mayor Suarez: I don't consider them a higher authority, but another
authority.
Mr. Fernandez: When it comes to determining issues in litigation, they are,
sir.
Mayor Suarez: I'm not sure of that.
Commissioner Dawkins: The U.S. Supreme Court is the highest.
Mayor Suarez: Yes, and a federal district court say they're a higher
authority, I mean, God is a higher authority. Yes, Mr. Vice Mayor, did you
want to say...
Vice Mayor Plummer: That's only on Hebrew National hot dogs. Mr. Mayor, I
would like to know, what is the litigation about?
Mr. Odio: Do you remember, we had another... had awarded previously that
piece of property, and they defaulted. And we removed them. Simple as that,
and...
Commissioner Dawkins: No, I think you're saying it a little backwards, Mr.
Mayor.
Vice Mayor Plummer: Now, the other...
Commissioner Dawkins: Wait, J.L., J.L., what he's saying is, we awarded the
parcels of land to a developer with a specific time for that developer to
38 July 11, 1991
Ada
perform. When the developer did not perform as per the contract, the
developer defaulted. And then that's... and now...
Vice Mayor Plummer: So now he's trying to recoup.
Commissioner Dawkins: Yes, he's saying that he did not default.
Vice Mayor Plummer: Now, to the developer on the record, sir. You are aware
of what has been said by the City Attorney. You are aware of the facts, and
that you understand that you're proceeding knowing those farts, and will not
hold the City in any way responsible.
Mr. Weitzel: Yes.
Vice Mayor Plummer: And, for the record, your name and address.
Mr. Weitzel: Ted Weitzel, Sawyers' Walk, 269 N.W. 7th Street, Miami.
Vice Mayor Plummer: Thank you.
Mayor Suarez: George Knox, former City Attorney, the chair recognizes him,
and the fact that he's smiling throughout this was a wise thing to do, Mr.
Vice Mayor. I think he...
Vice Mayor Plummer: The prodigal son.
Mayor Suarez: Very good. All right.
on this?
Unidentified Speaker: No.
Mayor Suarez: All right. Item 2 then.
Vice Mayor Plummer: Did we vote on 10?
Commissioner Alonso: No.
Mr. Fernandez: No.
Mayor Suarez: We didn't?
Did you wish to address the Commission
Ms. Hirai: No, we haven't voted, Mr. Mayor.
Commissioner Alonso: We have to take a vote.
Mayor Suarez: I'm sorry, call the roll, please. No wonder he was still at
the microphone.
39 July 11, 1991
t Y;x
-= The following resolution and motion were introduced by Commissioner
Plummer, who moved their adoption:
RESOLUTION NO. 91-509
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE
SELECTION OF THE SAWYER'S WALK LTD. AS THE SUCCESSFUL
PROPOSER FOR THE UNIFIED DEVELOPMENT OF CITY -OWNED
= BLOCKS 45, 55 AND 56 LOCATED IN THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT DISTRICT
("PROPERTY"), SUBJECT TO THE SAID PROPOSER PRODUCING
SUFFICIENT EVIDENCE TO DEMONSTRATE, PRIOR TO THE
APPROVAL OF THE LEASE AGREEMENT, ITS FINANCIAL
CAPABILITY TO SUCCESSFULLY UNDERTAKE AND COMPLETE THE
PLANNING AND DESIGN, CONSTRUCTION, LEASING AND
_ MANAGEMENT OF RESIDENTIAL AND COMMERCIAL USES ON SAID
PROPERTY; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO NEGOTIATE A LEASE AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH SAID PROPOSER TO INCLUDE
CERTAIN TERMS AND CONDITIONS (MORE PARTICULARLY
DESCRIBED HEREIN) AND TO COMPLY WITH THE CITY'S
MINORITY PROCUREMENT PROGRAM ORDINANCE REQUIREMENTS
AND OTHER APPLICABLE LAWS; AND FURTHER DIRECTING THE
CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO
THE CITY COMMISSION FOR ITS REVIEW, CONSIDERATION AND
APPROVAL PRIOR TO ITS EXECUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
PURSUANT TO DIRECTIVE FROM THE CITY ATTORNEY, CITY
COMMISSION AMENDMENT TO THE HEREIN INSTRUMENT SHALL BE
DRAFTED AS A SEPARATE MOTION.
MOTION NO. 91-509.1
A MOTION DIRECTING ADMINISTRATION TO ENSURE THAT
SAWYER'S WALK LTD. WILL SUBCONTRACT AT LEAST 40% OF
THE TOTAL PACKAGE TO BLACKS AS IT CONCERNS PLANNING
AND DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF
RESIDENTIAL AND COMMERCIAL USES FOR DEVELOPMENT OF
CITY -OWNED BLOCKS 45, 55 AND 56 (SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY DEVELOPMENT DISTRICT.
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.
40 July 11, 1991
----------------------------------------------------------------------------
16. (A) COMMISSIONER ALONSO REQUESTS ADMINISTRATION TO CHECK INTO
CIRCUMSTANCES SURROUNDING THE DUMPING OF AUTOMOBILE TIRES ON
CITY STREETS - COMMISSION REQUESTS MIKKI CANTON (CITY'S LOBBYIST
IN TALLAHASSEE) TO RESEARCH THE POSSIBILITY OF FILING
LEGISLATION CONTROLLING THE TIRE DUMPING PROBLEM.
(B) COMMISSION REQUESTS CITY LOBBYIST TO RESEARCH POSSIBILITY OF
ELIMINATING ANY VISUAL REFERENCES WHICH IDENTIFY RENTAL
VEHICLES, DUE TO RELATED CRIMINAL TARGETING OF TOURISTS.
Mayor Suarez: Item two.
Commissioner Alonso: Yes, Mr. Mayor, if I may, before we move to item two,
there is a problem that is taking place in our streets...
Mayor Suarez: Yes, Commissioner.
Commissioner Alonso: ...and the City of Miami. And I'm very concerned of the
situation, and it's getting out of control and I think that we have to
instruct the administration to come... first, to take action immediately, and
then perhaps to come back to us with suggestions of how we can remedy this
situation. It's car tires, abandoned on the streets of Miami. In the last
week, I have seen corners with five, six, and seven old tires. Everyone who
has an old tire, they just throw it anywhere through the City of Miami. This
is a serious problem. The City is looking terrible. I would say, in the last
week to ten days, the situation has grown to a proportion that is
unacceptable, and I think we have to move to take serious action. And if
anyone is caught in the action of throwing... I believe it has to be a
business, if you look at the quantity that we see through the City. This is
not individuals throwing one here and there. It's someone doing this, or I'm
also thinking perhaps someone is thinking coming to us with a proposal of how
to resolve the problem, and it's making the issue very clear to us. If that
is the case, certainly that person or entity has made the point very clear to
us. But it's unacceptable. Whatever is happening, it's unacceptable. And,
first, we have to move in to clean the City. This we cannot accept, and
second, if anyone is caught in the act, I hope that we take very serious steps
to penalize this person.
Vice Mayor Plummer: And by the...
Mr. Odio: We will, but what's happening is as they raise the fees on tire -
dumping in Broward and Palm Beach County, what they're doing is they are
coming down here and dumping illegally at night, especially in the northeast
section. We have caught a few people, but they are dumping illegally. The
tires are a problem. They are charging now $100 a tire in Palm Beach and
$75 - for a ton, I mean - in...
Commissioner Alonso: Fine, so you have the impression that people are coming
from Palm Beach...
Mr. Odio: Oh, yes.
Commissioner Alonso: ...to do this. If we got them in the act...
Mr. Odio: No, from Broward County.
Commissioner Alonso: ...we are going to take very serious steps against them.
And I advise that you put the Police Department on attention that if they are
caught, we have every intention ... and if we have to pass ordinance, and I'd
like to instruct the City Attorney to look into penalties. Whatever it takes,
Miami cannot be the dumping place of Palm Beach or anywhere else.
Commissioner Dawkins: Mr. Manager...
Mr. Odio: I believe we have the already in Chapter 22, Commissioner. I can
recite that...
Commissioner Alonso: Well, certainly they're laughing at us.
41 July 11, 1991
Mr. Odio: Well, no...
Commissioner Alonso: Whatever we have, it's not enough.
Mr. Odio: You have to catch them in the act.
Commissioner Alonso: Well, we'd better do that.
Commissioner Dawkins: Mr. Manager, 1 mean, Mr. Manager. Through you to the
lobbyist. Will the lobbyist come to the mike. Mikki, will you come to the
mike, please. Through the Manager to you, and to expand on what Commissioner
Alonso said. I would like for this Commission to instruct you to see about
filing legislation which demands that each tire handling organization has a _
stamp that they must stamp the tires with if they take them off of vehicles.
And when these tires are found, we go back and charge the person who has the
tax number. And I'd like for you to see if we can get that legislation
through the legislature this time.
Commissioner Alonso: Wonderful.
Ms. Mikki Canton: Yes, sir, we'll be happy to work with you on that.
Vice Mayor Plummer: Let me bring to your attention, tire companies are now
charging - my neighbor told me yesterday - $2.00 per tire for disposal.
Commissioner Dawkins: That's right, they do, J.L., and they...
Vice Mayor Plummer: And they're charging for disposal of tires, and then
they're dumping them on the street, and they're pocketing the $2.00. With
legislation, may I approach one other subject, Mr. Mayor?
Mayor Suarez: Please.
Vice Mayor Plummer: I have talked to Attorney General Bob Butterworth. The
City of Miami, and I'm sure other cities in the State of Florida, are
experiencing one hell of a problem. It's a police problem. When they
established a license tag with the word "lease" on that license tag, it is an
open invitation to bad guys that these people are normally tourists. They are
following these people out of LeJeune Road and wherever else the car rentals
are existing, and they are doing some very very bad things to our German and
Brazilian friends. Based on the knowledge that in 21 days, if these people
will not come back to testify, the State Attorney has to drop the charges.
You know, and I know that after somebody has been robbed, they are not going
to come back under any circumstances. The Attorney General, I asked him to
look in, and I ask you, to removing that designation that lets people know
that that car is leased, and most likely contains tourists from out-of-town.
So, I think it's very important - not only to this town - but to everyone in
the State of Florida.
Commissioner De Yurre: J.L, let me add to that, that, in fact, Tuesday I had
a meeting with one of the managers of Alamo Rent -a -Car. In fact, he was the
one that was involved in that shooting a few months ago. He's the one that
got away. So he's...
Vice Mayor Plummer: But that was by a former employee.
Commissioner De Yurre: I know. So he survived that one, but we talked about
that exact same thing, and he's even offered to provide vehicles to do covert
activity in that area. And we're going to be working with that with the
Police Department. But also additionally, it's not just the license plate
that says "lease." The letters are particular letters that designate a leased
automobile. So those that are in the know...
Vice Mayor Plummer: They're going away from that. They ran out of numbers.
Commissioner De Yurre: No, but the letters, they're going with letters. So
the letters are known...
Vice Mayor Plummer: It used to be that any tag that had a Y in it was a
rental car. They ran out of those, and that's why they've now gone to a
special designation of lease. And all I'm saying is, whatever it is, that is
identifying these cars containing tourists, that, in fact, we need to get that
designation removed so that they're not a prime target.
42 July 11, 1991
11
Commissioner De Yurre: Starting with the tag that says Alamo -Rent-A-Car or
Avis -Rent-A-Car, you know...
Vice Mayor Plummer: Oh, yes. Yes.
Commissioner Alonso: Mr. City Attorney, and Miss Mikki Canton, this is the
second Commission meeting specifically that we addressed this issue. What
steps are we taking toward resolving this situation we are addressing? This
is the second time specifically that this Commission... what steps do we have
to take as a Commission? Do we have to do anything...
Mr. Fernandez: We have...
Commissioner Alonso: Is the administration working? What it has to be done?
Mayor Suarez: Do we have proposed legislation? Have we met with the Dade
County delegation chairperson about it? Or are we just going to keep talking
about it?
Commissioner Alonso: Because
what? We have to resolve the
resolving the issue. There is
have a problem. And then what?
it's fine that we address the issue, and then
problem. We must take specific steps toward
nothing that we address, and we say, yes, we
Vice Mayor Plummer: I don't think really...
Commissioner Alonso: We talk the next Commission meeting again. We still
have a problem. And then again, here it is, we still have the problem. What
has to be done? Do we have to do anything?
Mr. Fernandez: Are you asking me?
Commissioner Alonso: Yes.
Mr. Fernandez: From our perspective...
Commissioner Alonso: You, and the City Manager, Miss Canton, whoever can give
us an answer so that we begin to move on towards resolving this problem.
Mr. Fernandez: We have already begun to prepare, as you identify issues, what
we would consider would be appropriate bills to be introduced in the
legislative process. The City administration has a schedule set up of
receiving all of that information from the different departments, and
recommendations for the legislative session, and then, I'm sure, Mr. Perez-
Lugones will pass that on and work with that with the Dade delegation and with
our lobbyist.
Ms. Canton: Commissioner, if I may add. Once we have that, and we identify
the issue, then what we do, basically, is get the ball rolling. We meet with
the appropriate committee members, the legislators. We trouble shoot.
Sometimes the answer is very simple, and sometimes it is not. But the process
that's going, and I would anticipate that your issues are some that they would
not have any problems with. If there is a problem, then we would advise you
that there is a problem with the actual item. From what I'm hearing, these
two issues are not problematic in terms of getting sponsors, both in the House
or in the Senate.
Commissioner Alonso: OK.
Mayor Suarez: When you tell them that, tell them that the tags - and this is
really you brought it to our attention - you know, when they say "lease" at
the bottom, that the word "lease" is replacing what would otherwise be the
name of the county. Now, if they were smart enough at some point to conclude
that every tag should have Florida at the top, and the name of the county at
the bottom, they probably should be smart enough to realize that replacing the
name of the county with the word "lease" doesn't give them the kind of
information that they should otherwise be giving. So, you know, somewhere,
somewhere along the lines, somebody in the FHP (Florida Highway Patrol) or the
Department of Motor Vehicles, whatever it is, came up with this concept which
probably they needed for whatever reason, but all it's acting is to give
information to the wrong people. And it's not giving any information to the
43 July 11, 1991
rest of us, because it's taking away information. We don't even know what
county that car is from by looking at the plate. So...
Ms. Canton: Well, also, one thing will happpen.
Mayor Suarez: Lack of logic there. Yes.
Ms. Canton: Once we have identified the legislators who are willing to do the
sponsoring, and the committee process gets started, then we will need _
appropriate persons from the departments or perhaps yourselves to come up and
testify before the committee hearings, and explain to them why this is so
important.
Commissioner Alonso: We'll be happy to do so.
Mayor Suarez: Well, you would think that there would be an inherent logic in
it, that it didn't need too much explanation. But anyhow, yes, we'll do
whatever. Thank you.
Commissioner Alonso: And one more thing. From the local point of view, Mr.
City Manager, are we moving ahead on trying to alleviate these problems and
also I hope in the next Commission meeting, we are informed of what steps are
we going to take in the other issue that I also brought to you.
Mr. Odio: You mean the tires.
Commissioner Alonso: Yes, and also in reference to what's happening with the
tourists and leased cars.
Mr. Odio: Well, the Police Department has a plan. They are doing it, but I
don't think we should reveal what they are going to do.
Vice Mayor Plummer: No, that's...
Commissioner Alonso: But I... we should be informed that something is
happening in very concrete terms.
Mr. Odio: It is con...
Mayor Suarez: And you can inform individual Commissioners.
Commissioner Alonso: Yes.
Mr. Odio: We could do that. I have...
Commissioner Alonso: OK, thank you, we would appreciate...
Vice Mayor Plummer: It was not my intent that the Police Department - I'm
saying this is a legislative matter in Tallahassee. That's why I talked
personally with the Attorney General. I do, in fact, plan on talking with
Leonard Mellon, a very good friend of this City, who is the director of Bureau
of Motor Vehicles, and bringing this real serious problem to their attention.
And I think it has to be eventually, hopefully, replaced with the word
"leased," and go back to the old system.
Mayor Suarez: Right.
44 July 11, 1991
17. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: WAGNER-PEYSER
7(B) DISCRETIONARY FUNDS (FY'91-92) - APPROPRIATE GRANT FUNDS ($45,000)
FROM STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY -
ACCEPT AWARD AND ENTER INTO NECESSARY IMPLEMENTING AGREEMENTS WITH STATE
OF FLORIDA.
-------------------------- ----------------------------------------------------
Mayor Suarez: OK, item 2 then. Special revenue fund. This item, is
recommended by the Manager presumably.
Commissioner Alonso: Yes.
Commissioner Dawkins: Is this the one where you're going to hire the...
Commissioner Alonso: Skilled training and job placement services.
Commissioner Dawkins: OK.
Commissioner Alonso: Ex -offenders.
Commissioner Dawkins: Mr. Manager, who is going to be the one who directs
this program?
Mr. Frank Castaneda: This is under Community Development, and Ivey Kierson is
directly in charge of this program.
Commissioner Dawkins: All right, well how will... well, all right, Ivey
Kierson is already on the payroll. How will the $45,000 be spent?
Ms. Francena Brooks: The $45,000 will primarily go for a portion of the job
developer's salary, a portion of the account clerk, and other supportive
costs.
Commissioner Dawkins: All right. They are already on full salary. If you
don't get this grant, they are going to work. Why are we taking this money to
supplement money that they're already budgeted for?
Mr. Castaneda: Commissioners, the jobs program is operated as a self-
supporting thing, and the job program's job is to get funding from every
funding source in order to cover costs and so forth. And that's, you know,
that's how they function.
Commissioner Dawkins: No, OK. All I'm saying, it doesn't make sense to me.
Now maybe it makes sense to somebody else up here. If we turn this grant
down...
Vice Mayor Plummer: God forbid.
Commissioner Dawkins: ...the individuals whom you just named are still
employed for 12 months.
Vice Mayor Plummer: He doesn't know.
Mr. Castaneda: That is correct.
Commissioner Dawkins: So now, why is it now because they are employ... I
mean, because we got $45,000 more, now you're going to prorate their salaries
into this forty-five hundred dollars. The money that you already had budgeted
for their salaries that you're going to replace with this $45,000, what
happens to that?
Vice Mayor Plummer: Well, that's the answer.
Mr. Castaneda: Sure. You see, we have to develop "X" amount of money to
cover the budget for the year. If we fail to meet that amount of money, then
obviously we have to lay off people. If we make more money, then we have
reserves in case we have a lean year for some reason.
45 July 11, 1991
Commissioner Dawkins: All right. So, these people whom you have now... when
does the fiscal year end, Mr. Castaneda?
Mr, Castaneda: October 1st. Same as them.
Commissioner Dawkins: So the people you have now, they are not budgeted in
last year's budget...
Mr. Castaneda: Yes, yes they are.
Commissioner Dawkins: ...to the tune of where we are.
Mr. Castaneda: Yes, they are budgeted.
Commissioner Dawkins: So, $45,000 is for what then?
Mr. Castaneda: Commissioners, let me explain how the jobs program operates.
Commissioner Dawkins: No, no, no.
Mr. Castaneda: No, no, no, it's related.
Commissioner Dawkins: See, you ... you know... no, no, no. You see, you're not
answering my question. All I need to know is, if you have three people
working, they're already being paid, they are going to be paid through the end
of the fiscal year, and we got $45,000 coming in. You know, all you have to
tell me is one or two things. We're going to take this money, and pay
transportation or something for the ex -offenders, or, Commissioner, because we
have to be self-sustaining, we're going to take the $45,000 and put it in the
budget and carry it over to the next year. I mean, tell me something. Don't
come up here and tell me that you have three people working who are going to
work the rest of the year irregardless of whether we fund this... whether you
get this $45,000 or not. And then tell me, because you got this $45,000,
you're going to prorate their salaries into this. That doesn't make sense to
me, Frank.
Mr. Castaneda: Commissioner, let me explain something of how the jobs program
operates. We get different funding at different times of the year. We get
some funding in October the 1st from the Private Industry Council. Some
funding comes July and so forth, and at different times. And what we try to
do is, we try to estimate how much money we can bring in. Now, all the jobs
programs we get money on placement. We fail to make the placement, we do not
get amount of money. If we over place, then we get bonus payments, and
obviously, we try to balance the budget and, if possible, come up with some
reserves into it. And that's we are going all over the place looking for
grant monies to bring into the City of Miami so we would have more money.
Mayor Suarez: All right, on item two?
Commissioner Dawkins: No, one more question, Mr. Mayor, one more question.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: You still haven't told me what you're going to do with
the $45,000, but that's OK. Now, what expertise does whomever the person
who's going to work with this identified population of offenders and ex -
offenders, have to deal with that area?
Ms. Brooks: The person that works on this project - and this is a grant that
we have gotten for, this is the third year we will have received the grant, if
it's accepted - has worked with offenders on that project since we've gotten
it. In addition to working with offenders on the contracts we get through the
South Florida Employment Training Consortium, the individual brings, I know at
least 8 years of experience, in working with that group. And has worked well
with that group.
Commissioner Dawkins: All right, who's the job developer? Who goes and finds
the jobs for the ex offenders?
Ms. Brooks: Excuse me?
46 July 11, 1991
Commissioner Dawkins: Who's going to be the job developer? Who's going to go
out and find the jobs on which these ex offenders can be placed?
Ms. Brooks: That individual also, our job developer.
Commissioner Dawkins: A job developer.
Ms. Brooks: Yes.
Commissioner Dawkins: OK, Mr. Manager...
Ms. Brooks: It's a job developer/counselor combination.
Commissioner Dawkins: When will this program begin?
Ms. Brooks: It would likely begin August 1st. It's as soon as we execute the
agreement with the state, and the state returns the agreement to us. It's
pending your action today.
Commissioner Dawkins: Mr. Manager, I want you to hear this, because I'm going
= to demand this at every meeting. At every meeting, I want a report on the
number of ex -offenders or offenders that you're working with. The number that
you have placed on jobs, and the retention of these individuals. Whether they
went to the job for one day, one week, one month, or one year. And I expect
that report at every regular Commission meeting. And I'm going to send you a
memo to that effect, so that I don't have to ask for it. But I want it
scheduled as a discussion item on every agenda. I want the names, the places,
and everything that we've worked with to show me that we have actively sought
to help these individuals. I have no further discussion, Mr. Mayor.
Mayor Suarez: All right. On item 2, do we have a motion and a second, Madam
City Clerk?
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Read the ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "WAGNER-PEYSER 7(B)
DISCRETIONARY FUNDS (FY '91-92)" APPROPRIATING GRANT
FUNDS IN THE AMOUNT OF $45,000, FROM THE STATE OF
FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AWARD AND ENTER INTO THE NECESSARY IMPLEMENTING
AGREEMENTS WITH THE STATE OF FLORIDA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner 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 Alonso, adopted said ordinance by the following vote:
47 July 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10897.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
18. SECOND READING ORDINANCE: AMEND CODE SECTIONS 54-47 AND 54-48 (STREETS
AND SIDEWALKS AND CONSTRUCTION AND REPAIR) - CLARIFY REQUIREMENT OF
RIGHT-OF-WAY DEDICATION PRIOR TO ISSUANCE OF PERMITS - ELIMINATE
REQUIREMENT OF A COVENANT PRIOR TO ISSUANCE OF PERMITS.
------------------------------------------------------------------------------
Mayor Suarez: Item three, second reading.
Commissioner Alonso: There was some concerns. Have they come forward and
clarified?
Dr. Luis Prieto: Yes.
Commissioner Alonso: I don't see anyone here.
Mr. Prieto: No, my department staff met with them, and they're happy with
the...
Commissioner Alonso: Then I so move.
Vice Mayor Plummer: Second.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE -
AN ORDINANCE RELATING TO STREETS AND SIDEWALKS AND
CONSTRUCTION AND REPAIR; AMENDING SECTIONS 54-47 AND
54-48 OF THE CODE OF THE CITY OF MIAMI , FLORIDA, AS
AMENDED, BY CLARIFYING THE REQUIREMENT OF RIGHT-OF-WAY
DEDICATION PRIOR TO ISSUANCE OF PERMITS; ELIMINATING
THE REQUIREMENT OF A COVENANT PRIOR TO ISSUANCE OF
PERMITS; AND CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of May 9, 1991 was
taken up for its second and final reading by title and adoption. On motion of
Connissioner Alonso, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
48 July 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10898.
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.
19. SECOND READING ORDINANCE: AMEND CODE SECTION 53-135 - ESTABLISH SPECIAL
CHARGES FOR USE OF ORANGE BOWL MEMORIAL STADIUM AND MIAMI BOBBY MADURO
STADIUM PARKING LOTS.
Mayor Suarez: Item four, second reading. Special charges for Orange Bowl
Stadium...
Commissioner Alonso: Move.
Vice Mayor Plummer: Second.
Mayor Suarez: ...and Bobby Maduro. Moved and seconded. Any discussion? If
not, please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 53-135 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
ESTABLISHING SPECIAL CHARGES FOR THE USE OF THE ORANGE
BOWL MEMORIAL STADIUM AND THE MIAMI BOBBY MADURO
STADIUM PARKING LOTS FOR EVENTS HELD THEREON;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of June 20, 1991 was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Alonso, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10899.
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.
49 July 1.1, 1991
20. SECOND READING ORDINANCE: AMEND 10782 - DECREASE APPROPRIATION FOR: (a)
FIRE APPARATUS REPLACEMENT AND MODIFICATION BY 191, AND (b) NEW FIRE
STATION #12 - INCREASE APPROPRIATIONS FOR: RENOVATION OF FIRE STATIONS
AND OLD DRILL TOWER (Project 313018 - $570,300) - RESERVE $1,000,000 FOR
ACQUISITION OF NEW EQUIPMENT.
Mayor Suarez: Item five.
Vice Mayor Plummer: Dawkins had some questions.
Commissioner Alonso: Some concerns, yes.
Vice Mayor Plummer: If they're resolved, I'll move it.
Mayor Suarez: I think he was concerned about the linkage to item 32, and...
Commissioner Dawkins: Yes, I wanted to know...
Mayor Suarez: ...and the bonds that would be sold.
Commissioner Dawkins: ...are you spelling out... No, first I'd like to know
is, what fire apparatus replacement are you deleting?
Chief Huddleston: Chief Huddleston, Miami Fire Rescue Inspection Services.
Commissioner, we weren't deleting anything there. We had basically changed
our strategy from refurbishment, which that project was, to purchasing new
apparatus. So, we feel very comfortable that the program that we've
instituted will satisfy those needs.
Commissioner Dawkins: OK, what apparatus are you earmarking to purchase with
this money?
Chief Huddleston: None. We have the monies that we're removing from the
projects so identified in the ordinance, are going into the station renovation
project, which is for the additions, female bathroom facilities and those
types of things. That's where we're moving those funds to.
Commissioner Dawkins: Although there's a half a million dollars, $454,400,
that you are taking from the apparatus replacement fund.
Chief Huddleston: Well, that's the apparatus refurbishment. It was different
from the replacement.
Commissioner Dawkins: Replacement and modification, sir. Replacement and
modification. It didn't just say replacement only - I mean, modification
only.
Chief Huddleston: Yes, sir, but...
Commissioner Dawkins: Unless you can tell me what apparatus or tell me that
the $3,000,000... How much money is it in 33 that you're asking for, for Fire?
Chief Huddleston: I'm sorry, I didn't hear you, Commissioner.
Commissioner Dawkins: I know, the Manager, that's all right, the Manager is
going to vote with you, don't worry, don't worry.
Mr. Odio: Three million dollars. It's three million dollars.
Commissioner Dawkins: All right. Unless you can tell me what ,you're
earmarking to purchase in new equipment out of the three million dollars, I
don't intend to vote for it.
Chief Huddleston: In new fire apparatus?
Commissioner Dawkins: In new fire apparatus.
50
July 11, 1991
Chief Huddleston: OK, I can tell you that we're going to purchase a Haz/mat
vehicle which, I think, this Commission has already approved the purchase of,
or approved us going through the process on. And, in addition to that, a foam
pumper...
Commissioner Dawkins: OK, no, let me do... Let me do it like this. How much
money... how much of the three million dollars are you earmarking for the
purchase of new equipment?
Chief Huddleston: For new fire apparatus?
Commissioner Dawkins: Yes, sir, new fire equipment. New fire fighting
apparatus equipment.
Chief Huddleston: I would say that it would have to be about a half a million
dollars.
Commissioner Dawkins: OK.
Chief Huddleston: Of the three million and the remaining bonds, I believe
you're speaking of.
Commissioner Dawkins: OK.
Chief Huddleston: The bonds that were selling. Yes, sir.
Commissioner Dawkins: I asked at the last meeting, that of the... wasn't
it?... how many million dollars of the fire fighting bonds have we already
spent?
Chief Huddleston: All, but the three million dollars.
Commissioner Dawkins: All right. Now, and of that... OK, and what was it
then? - twenty million, twenty-one million?
Chief Huddleston: Well, we have intermingled over the years, the ten million
and the twenty-one for a total of thirty-one million dollars.
Commissioner Dawkins: Intermingled? What do you mean when you say,
intermingled. You mean...?
Chief Huddleston: Well, seventy-six bond issue for ten, and then the eighty-
one bond issue for twenty-one.
Commissioner Dawkins: OK. Mr. Manager, I mean, Mr. Mayor, I asked at the
last meeting, that you come back and tell me, of the amount of bond money that
you spent, how much of it went to purchase fire fighting apparatus, and how
much of it went to... for Capital Improvement on buildings? Do you have that,
s i r?
Chief Huddleston: Yes, sir. Ten million three hundred and twenty-one
thousand went for new fire apparatus.
Commissioner Dawkins: New fire apparatus? - Ten million?
Chief Huddleston: To date. Yes, sir. About a third of it.
Commissioner Dawkins: And thirteen million went for housing?
Chief Huddleston: The remainder went for a number of things - new fire
stations included. New fire station four, new fire station seven.
Commissioner Dawkins: Computers, computers, computers, software computers, et
cetera.
Chief Huddleston: Yes, sir, some computers.
Commissioner Dawkins: OK. Now, Mr. Manager, do we have any more bond money
available for fire fighting, fire prevention and rescue - any more bond money
left?
Mr. Odio: No.
51 July 11, 1991
Commissioner Dawkins: So there is a possibility that we can't get the
taxpayers to pass another bond, right? - possibility?
Mr. Odio: There is always that possibility.
Commissioner Dawkins: So therefore, if we do not reserve more than a half -a -
million dollars of this, to purchase new equipment, there is a possibility in
the next two years, there will be no money to purchase no new equipment with?
Would that be a fair statement?
Mr. Odio: If we don't have... yes. That's a fair statement.
Commissioner Dawkins: So, unless I can put into the legislation that at least
one point five million dollars of this be reserved to purchase new Equipment
with, I can't support this.
Vice Mayor Plummer: Well, I think a question has to be asked. Chief, in your
opinion, in the next two years, is there going to be a need? You know, we
have, if you go around to the fire stations as I do, we have some, probably
one of the best stocked, if that's the word, of apparatus that you see
anywhere. And I guess, really, the bottom line is, in your estimation Chief,
in the next two years, is there going to be a need, or do you feel what you
have is adequate to meet the needs of this community?
Chief Huddleston: Mr. Vice Mayor, I guess I can answer that best by saying to
you that we have a ten year rotation of our frontline fire apparatus. We try
to maintain that. We have just purchased with this bond issue... replaced
with brand new apparatus, a third of our fleet. In my opinion, I think, we
will need to purchase new fire apparatus, that's why we are so concerned about
the bond issue that we are going to bring before the public.
Vice Mayor Plummer: In the next two years?
Chief Huddleston: Yes, sir. But, on the other hand, I think when we are down
to three million dollars remaining, which is all we have left of this thirty-
one million dollars, that it is imperative that we put that money where we
think the need is the greatest. And some of that need is, unfortunately for
us, in the bathroom facilities for our firefighters, the air-conditioning
systems for the fire stations, and other capital expenses that we do have to
prioritize as being more important with the fleet that we do have, to spend
that money on. So, yes, I would love to spend the money on new fire
apparatus, but we are between a rock and a hard place, so they say, in where
we have to spend this money.
Commissioner Dawkins: Mr. Mayor - Chief, I admire you for you know,
straddling a fence, for the lack of a better word, but let me ask you just one
simple question.
Mayor Suarez: That's a backhanded compliment.
Commissioner Dawkins: Yes. When you go to work, you go to do what? - put out
a what?
Chief Huddleston: Fire. Or we go on an EMS (Emergency Medical Service)
emergency.
Commissioner Dawkins: In all your history of dealing with fires, do you know
of any instance where the fire got great enough, and perhaps, some of the fire
fighting equipment was damaged or destroyed?
Chief Huddleston: We have had damaged equipment during fire fighting. Yes,
sir.
Commissioner Dawkins: OK. Now, thank you. Now, let's just say for the sake
of discussion, there is a bad fire and some fire equipment is damaged, and we
have spent the money buying air conditioners, we are out of that piece of
equipment? - aren't we, chief?
Chief Huddleston: Yes, sir. We are out of that first line...
Commissioner Dawkins: Thank you. That's... no further discussion.
52 July 11, 1991
Mayor Suarez: OK. On item... what item is it? - five? I'll entertain a
motion if we don't...
Vice Mayor Plummer: I'll move it...
Mayor Suarez: So moved.
Vice Mayor Plummer: ... if all the matters are resolved, or questions
answered as best they can be answered.
Commissioner Dawkins: OK.
Vice Mayor Plummer: I'll move it.
Mayor Suarez: You had to.
Commissioner Dawkins: And I'll amend the... you move what, now?
Mayor Suarez: Item five.
Vice Mayor Plummer: Five.
Commissioner Dawkins: Yes, I mean, but, move it as is?
Vice Mayor Plummer: I asked, as long as all matters were resolved, and...
Commissioner Dawkins: All right. Well, I will vote with it J.L., if they
reserve one point five million dollars for the purchase of new equipment out
of the three million. I can vote with that. Or even if he tells me one
million, I can vote with that, but I just cannot vote with a half a million,
J.L.
Vice Mayor Plummer: Well, can we do it this way? Can we do it that one and -
a -half million of the bond be reserved, and that if in fact they don't
purchase equipment, they would have to come back before this Commission to get
the reserve to be used for other things?
Commissioner Dawkins: No. I cannot do that.
Vice Mayor Plummer: I tried.
Commissioner Dawkins: Because you see, if I do that, I am voting with your
motion. I said, reserve a million and -a -half. Then you came back and tell
me, now you reserved a million and -a -half, but you come back, and I'm going to
vote on it later. That's not my motion, that's your motion.
Vice Mayor Plummer: No. My motion was, what with the agenda read.
Commissioner Dawkins: OK. Then no problem. No, I can't vote. I mean, I
can...
Mayor Suarez: All right. On the agenda item, we have a motion. Do we have a
second? - Conferring between the Manager, and the Assistant Chief.
Chief Huddieston: Commissioner, we will have, if this ordinance passes on
second reading, we will have seven hundred and eleven thousand for acquisition
of new apparatus. I told you a half a million, and I was guesstimating.
But...
Vice Mayor Plummer: We're getting him, Miller, keep going.
Commissioner Dawkins: Yes, but you see... so now, why would you quibble with
me over three hundred thousand dollars ($300,000)? Just say yes, we are going
to reserve a million instead of seven hundred thousand dollars ($700,000) -
you know.
Vice Mayor Plummer: No, it will be eight. You said a million and -a -half -
would be eight hundred thousand.
Chief Huddleston: I have to be up front with you, and when we are...
53 July 11, 1991
Commissioner Dawkins: I told him I'm... I said, I would come to a million.
Commissioner Alonso: For a million. He said that. He said a million.
Commissioner Dawkins: I did say. I told him I would accept a million.
Commissioner Alonso: And it seems reasonable to me.
Chief Huddleston: If we had a large pot, I would more than happily say
that...
Commissioner Dawkins: Well, you are going to either have a small pot, or no
pot.
Chief Huddleston: ... but I couldn't be in all honesty...
Vice Mayor Plummer: Well, you better take what you can get.
Commissioner Dawkins: Small pot or no pot.
Vice Mayor Plummer: OK? If you can't get a loaf, take a slice.
Commissioner Alonso: The use of one million, I will vote with the motion. If
not, I will have to vote no.
Vice Mayor Plummer: One million will be reserved. Is that the motion on the
floor?
Commissioner Dawkins: If that is your motion, I'll second that motion, yes.
Mr. Odio: One million.
Commissioner Alonso: One million.
Vice Mayor Plummer: Well I... the Mayor has asked me to run it, so you make
the motion, and she will second it.
Commissioner Dawkins: All right, I'll move it.
Commissioner Alonso: I second, yes. Yes, I second.
Vice Mayor Plummer: All right then. Do you wish to comment?
Mr. Manuel Gonzalez-Goenaga: Yes. I am extremely concerned...
Vice Mayor Plummer: For the record, as it is you know, your name and mailing
address please.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. My mailing
address - mailing...
Vice Mayor Plummer: Fine.
Mr. Gonzalez-Goenaga: ... two two seven Santilane Avenue.
Vice Mayor Plummer: OK.
Mr. Gonzalez-Goenaga: I am extremely concerned about these Commissioners
questioning the funds spent by an agency that really helps the community.
They don't only stop the fires, Commissioner Dawkins, when you don't feel
well, as I have done before, I walk into any fire station in the City of Miami
and then they give service to you. As I explained before here, I went to one
City of Miami fire station, and they... when I was not feeling well - dizzy,
and they took my blood pressure, they told me it was low, and they gave me
some coke, free of charge.
Vice Mayor Plummer: Cococola?
Mr. Gonzalez-Goenaga: Cococola.
Vice Mayor Plummer: Yes, thanks.
54 July 11, 1991
Commissioner Alonso: Very nice of them.
Mr. Gonzalez-Goenaga: Well, but the coke is in the...
Vice Mayor Plummer: I wanted to clarify that.
Mr. Gonzalez-Goenaga: No, but the coke is in the Police Department where it
was stolen, along with the hundred--and-fifty thousand dollars.
Vice Mayor Plummer: That's in the can, not in the plastic bag. All right.
Mr. Gonzalez-Goenaga: So it's a... yes. It's a big difference.
Commissioner Alonso: Mr. Gonzalez, that's exactly what Commissioner Dawkins
was trying to do. To be sure that that money was preserved to provide that
kind of service that you were saying. So what he was doing exactly, was,
being certain that that money was maintained to provide the kind of service
you are referring to.
Mr. Gonzalez-Goenaga: And also, the improvement of the people who give the
service. They need air conditioners to be comfortable, and be able to sleep
well, and I hate when I see the Commissioners questioning the Fire Department.
Mayor Suarez: Comfortable, sleeping well?
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Well, I couldn't disagree with you more.
Mr. Gonzalez-Goenaga: And giving...
Mayor Suarez: As far as I am concerned, it should be fairly uncomfortable and
ready to respond to an emergency. But anyhow.
Commissioner Dawkins: Mr. Mayor.
Mr. Gonzalez-Goenaga: And giving a lot of money to the Police Department,
that they don't deserve it.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: I'd like to put in the record a contradiction to what
was just said. Every member of this Commission has said it repeatedly, and
will continue to work with... we've said, we've got one of the finest fire
fighting units in the country, if not the best fire fighting unit in the
country. We've said that over and over. And all we intend to do, is provide
that unit with that which we feel assist them, in continuing to be the best,
or one of the best units in the country. Now, that's all.
Mayor Suarez: OK. We have a motion and a second. Any further discussion?
If not, please read the ordinance.
Mr. Fernandez: Yes. The record needs to be clarified. There is an
understanding that the apparatus replacement and modification project will
keep, or will have a total of one million dollars ($1,000,000) reserved...
Mayor Suarez: Earmarked to reserve.
Mr. Fernandez: ... after item 32 or 33 passes, which is the new three million
dollars ($3,000,000). Is that everybody's understanding?
Commissioner Dawkins: Yes, sir.
Commissioner Alonso: Oh, yes.
Chief Huddleston: I would like to ask if we could, to just earmark, if we
must, a million dollars ($1,000,000) for new apparatus, rather than
identifying it to a particular project. It might be confusing.
55 July 11, 1991
Mayor Suarez: Chief, you know, it's going to require futher specific action
r
by this Commission.
Chief Huddleston: OK.
Mayor Suarez: I wouldn't worry too much about how we earmarked it. As long
as it's just not spent, and I think that's what the Commissioner is worried
about for other purposes.
Chief Huddleston: Very well.
Mayor Suarez: Is that a fair understanding?
Mr. Fernandez: Yes, that's clarified now.
Mayor Suarez: Call the roll.
NOTE FOR THE RECORD: PURSUANT TO DIRECTIVE FROM THE
CITY ATTORNEY, CITY COMMISSION AMENDMENT TO THE HEREIN
INSTRUMENT SHALL BE DRAFTED AS A SEPARATE MOTION.
The following motion was introduced by Commissioner Dawkins, and
seconded by Commissioner Alonso:
MOTION NO. 91-509.2
A MOTION DIRECTING THE ADMINISTRATION TO ENSURE THAT
AT LEAST $1M SHALL BE KEPT AS A RESERVE FOR FIRE
APPARATUS REPLACEMENT AND MODIFICATION IN FISCAL YEAR
1991-92 IN ORDER TO ACQUIRE NEW FIRE EQUIPMENT, AS IT
BECOMES NECESSARY.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10782, THE CAPITAL IMPROVEMENTS APPROPRIATION
ORDINANCE, ADOPTED SEPTEMBER 27, 1990, BY DECREASING
THE APPROPRIATIONS FOR THE PROJECTS ENTITLED "FIRE
APPARATUS REPLACEMENT AND MODIFICATION FY '91",
PROJECT NO. 313233, IN THE AMOUNT OF $454,400, AND THE
PROJECT ENTITLED "NEW FIRE STATION #12", PROJECT NO.
313239, IN THE AMOUNT OF $115,900; AND INCREASING THE
APPROPRIATIONS FOR THE PROJECT ENTITLED "RENOVATION OF
FIRE STATIONS AND OLD DRILL TOWER", PROJECT N0.
313018, IN THE AMOUNT OF $570,300; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 20, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10900.
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.
56 July 11, 1991
2.1. ALLOCATE $150,000 FOR PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES BY
HOLLAND AND KNIGHT, P.A. (DURING FY'91-'92) - ALLOCATE ADDITIONAL
$25,000 FOR REIMBURSABLE EXPENSES.
Mayor Suarez: Item 6. Note for the record, that Carl Goldfarb from the Miami
Herald must be having another one of the Herald editorials read to him,
because he is obviously enjoying the humor. Item 6.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Commissioner Alonso.
Commissioner Alonso: For discussion. On the extension of this contract, I
would like to propose, if the maker of the motion will accept my suggestion,
is, one year rather than two years.
Mayor Suarez: I'm inclined to vote against the entire thing. If you reduce
it to one year, I've got to think about it. Commissioner Dawkins?
Commissioner Dawkins: It's one year. It says here, one year, or an
additional...
Commissioner Alonso: No, no, not really.
Mr. Odio: Well, we were... it's one year.
Mr. Fernandez: No, it is for one year contemplating the possibility for an
extension for the next year, 192-193.
Commissioner Alonso: This is the same wording when you passed the previous
contract?
Mr. Fernandez: Correct. Exactly.
Commissioner Alonso: And I have no recollection that it ever came to us for
consideration...
Commissioner Dawkins: I will vote for the amendment...
Commissioner Alonso: ... so I would say, one year, is what I would like to
vote.
Mr. Fernandez: One year.
Commissioner Dawkins: All right. 1 will second the motion for one... if...
to change the one vote.
Mr. Fernandez: All right. It's clear.
Vice Mayor Plummer: Fine.
Mayor Suarez: And the Manager and the City Attorney, please both keep in
mind, aside from this particular item, the ammunitions of Commissioner Dawkins
and this entire Commission that, we either have one year, or three years, or
two years, but none of this - the term being one year, but renewable...
Commissioner Dawkins: That's right.
Mayor Suarez: Unless we expect to gain an advantage by not having to put it
out for an RFP (Request For Proposal) of some sort. And if so, we should have
that explained to each one of us, the rationale behind that. Otherwise, these
one year and three years end up looking very similar legally, and confusing,
57 July 11, 1991
why sometimes you choose one versus three. OK. Now, it's clearly a one year
as modified. It's moved and seconded. Let me just make an observation on the
record. I think this is a fine firm represented here by a fine attorney who
has done an increasingly better and better job. One of these days, it might
even be worth a hundred -and -fifty thousand dollars ($150,000) a year, in my
estimation, but, not yet. So, I just think the City needs basically a
facilitator or someone that keeps track of legislation as it comes up, or, that
puts into words what we will like done, which I think by the way, can also can
be done by the City Attorney in many ways. And the rest of the work has to be
done by ourselves, our friends, our supporters, our... anyone we can get our
hands on, but for no compensation. And government should not have to be
paying private individuals to lobby other government agencies to do the right
thing in our community. And I am just against it philosophically for that
reason. So I have to vote against it - not to reflect on the law firm, or the
particular individual who, in addition to her other qualities is a lovely
human being. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-510
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$150,000 FOR PROFESSIONAL LEGISLATIVE CONSULTATION
SERVICES DURING FY '91-92 TO BE PERFORMED BY THE LAW
FIRM OF HOLLAND AND KNIGHT, P.A., UNDER THE TERMS OF
AN EXISTING CONTRACT WITH SAID FIRM, AUTHORIZED BY
RESOLUTION NO. 89-823 ON SEPTEMBER 14, 1989; FURTHER
ALLOCATING AN ADDITIONAL AMOUNT NOT TO EXCEED $25,000
FOR REIMBURSABLE EXPENSES OF SAID FIRM AS APPROVED BY
THE CITY MANAGER WITH THE ABOVE FUNDS BEING ALLOCATED
FROM THE FY '91-92 LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
------------------------------------------------------------------------------
22. ALLOCATE $196,445 OF 17TH YEAR CDBG FUNDS AS FOLLOWS: (a) JEWISH FAMILY
SERVICES, INC., FOR CITYWIDE SENIOR CRIME WATCH PROGRAM ($47,597); (b)
TRI CITY COMMUNITY ASSOCIATION OF DADE COUNTY, INC., FOR HOME
IMPROVEMENT PROGRAM ($49,327); (c) DADE EMPLOYMENT AND ECONOMIC
DEVELOPMENT, INC., FOR GREATER MIAMI SERVICE CORPS ($56,251); AND (d)
BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC.,
FOR LYRIC THEATRE REHABILITATION ($43,270) - EXECUTE INDIVIDUAL
AGREEMENTS.
------------------------------------------------------------------------------
Mayor Suarez: Item 7.
Vice Mayor Plummer: Move it.
Mayor Suarez: Seventeenth Year Community Development Block Grant Funds.
Commissioner Alonso: Yes, second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll. That's why.
58 July 11, 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
a
RESOLUTION NO. 91-511
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $196,445 OF
17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
�1 PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10885 ADOPTED
MAY 09, 1991, AS FOI.LOWS: $47,597 TO JEWISH FAMILY
-- SERVICES, INC. FOR THE CITYWIDE SENIOR CRIME WATCH
PROGRAM; $49,327 TO TRI CITY COMMUNITY ASSOCIATION OF
DADE COUNTY, INC. FOR THE HOME IMPROVEMENT PROGRAM;
$56,251 TO DADE EMPLOYMENT AND ECONOMIC DEVELOPMENT,
INC. FOR THE GREATER MIAMI SERVICE CORPS, AND $43,270
TO THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION
OF SOUTH FLORIDA, INC. FOR LYRIC THEATRE
REHABILITATION; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE ABOVE AGENCIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mr. Gonzalez-Goenaga: Mayor.
Mayor Suarez: Yes.
Mr. Gonzalez-Goenaga: Just one comment only. Half a min...
Mayor Suarez: Which item?
Mr. Gonzalez-Goenaga: What we are discussing now - Community Development.
Mayor Suarez: Well, no. We weren't discussion Community Development
generally. We were discussing an allocation of the seventeenth year grants...
Mr. Gonzalez-Goenaga: Number 7.
Mayor Suarez: .. to specific programs. Right. If you have anything
specific to say about that?
Commissioner Dawkins: Seven.
Mr. Gonzalez-Goenaga: Yes. The only thing is that it's... the easiest part
is to give the money. The hardest part is for the accountability of the
money.
Mayor Suarez: OK. If you have any questions about the worth or the
accountability of any of the programs included there, please state that into
the record.
Mr. Gonzalez-Goenaga: No. I don't have a particular knowledge, but from what
I have read in the newspaper about JESCA, and then now in the AIDS program in
Dade County, it is about time that some auditors from the City of Miami are
gathered to try to... because you are giving money...
59 July 11, 1991
Mayor Suarez: I could have sworn I didn't... I've read through these and I
didn't see JESCA in there. Is JESCA in item 7?
Mr. Gonzalez-Goenaga: How many auditors of the whole City of Miami has? -
active auditors in the Auditing Department. Could I have just... because it
is such a big department, it should have at least twenty to twenty-five
auditors. I wonder how many auditors do we have in the City of Miami. Just a
question. Do you know, Mayor? - how many auditors?
- Mayor Suarez: Well you know, as a matter of fact, you are now picking up on a
theme that happens to be one of my pet peeves, but it looks like everybody is
diverted here, and so I don't think we are going to get any answers. Mr.
_ Manager, Mr. Castaneda, somebody. His line of questioning now, all of a
sudden got interesting after being pretty uninteresting up to now. How many
auditors do we have, and what are they doing? What is our Internal Audits
Department, which has been incarnated...
Mr. Odio: Let me say...
Mayor Suarez ... reincarnated, redone, rehashed, and rebuilt in some many
ways, what are we down to now? - or up to?
Mr. Odio: I don't know the total number of auditors, but I can assure you,
that every single program that we fund from Community Development Block Grants
are audited.
Mayor Suarez: OK. Every single one is audited?
Vice Mayor Plummer: Well, wait, wait, wait.
Mayor Suarez: At one point, I remembered in 1985, I looked at that and it
wasn't every single one.
Vice Mayor Plummer: Let's put it on the record. Mr. Manager, at my
insistence last year...
Mr. Odio: Right.
Vice Mayor Plummer: ... they are not only audited finanurally, they are also
audited for results.
Mr. Castaneda: That's correct.
Mr. Odio: That's correct. On both counts...
Vice Mayor Plummer: And that's what the recommendation is based on. You can
throw money all you want, and the money can be said, yes, the trail says this
is where it went, and it didn't go in anybody's pocket.
Mr. Odio: And in fact, if Mr. Gonzalez...
Vice Mayor Plummer: But to me, it's more important that the money went
somewhere and produced results. So that's why I think that the both aspects
of an audit, the results as well as financial, should be definitely done every
year.
Mr. Odio: Not only that, Commissioners, Mr. Mayor, if you remember, every
time we make recommendations, there are some agencies that we don't recommend
based on past audits and performance also.
Mayor Suarez: Yes, performance evaluations, let's call them.
Mr. Odio: That's right.
Mayor Suarez: Because audit is really accounting and financial, and
performance evaluation is what the Vice Mayor is referring to.
Mr. Odio: Fine. That is correct.
Mayor Suarez: Are you somehow involved, or opposed to item 7?
60 July 11, 1991
Mr. Octavio Blanco: No, I just wanted to clarify, Mr. Mayor...
Mayor Suarez: Mr. Blanco.
Mr. Blanco: .., that every City of Miami program has to pay for their own
auditing.
Mayor Suarez: Right.
Mr. Gonzalez-Goenaga: But the question is, how many auditors?
Mayor Suarez: How many do we have in our own internal audits department?
Mr. Gonzalez-Goenaga: Right. That was the question.
Mr. Odio: I will not quote a number from memory, Mr. Mayor, I will have to
find out.
Mayor Suarez: Well, please give it to us.
Mr. Gonzalez-Goenaga: Are there twenty-five - a ball -park figure?
Mayor Suarez: It's not just Mr. Gonzalez-Goenaga. I know some of us are
interested.
Mr. Gonzalez-Goenaga: Twenty-five, thirty-five, three, a ball park figure.
Mayor Suarez: Wait, wait, nobody is asking you...
Mr. Gonzalez-Goenaga: I'm sorry.
Mr. Odio: I'll provide that...
Mayor Suarez: ... to make all kinds of statements into the record. You asked
your question, we are going to try to get you an answer. If we can't get it
now, we will get it later. We happen to be interested in the same thing.
Unidentified Speaker: I'll get it now.
Commissioner Alonso: They are going to get information.
Mayor Suarez: All right. We will get that question resolved in a little
while. Also give us the total number of audits that they perform, please.
It's not every single program in the past. Maybe, since J.L. has been
assisting on it, it is, but I... when I was...
Vice Mayor Plummer: On this sheet that we have in front of us to be funded by
this monies, it's twenty-four organizations.
Mayor Suarez: OK. And when you've also checked on the auditors, in part to
respond to him, and in part to respond to our curiosity, you might want to
check to see if we have any more CPAs. I think the last time we checked, we
had... other than the fellow in the Police Department who is a CPA, we had
Carlos Garcia who is a CPA, and no one can find any more CPAs in the entire
staff of the City of Miami in any department - Finance, Budget, Auditing, or
otherwise. And if we are going to call them auditors as opposed to program
analyst, or program evaluators, or something, we ought to at least have some
CPAs. All right...
Vice Mayor Plummer: Just for the record, Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: There is money here for JESCA.
Mr. Castaneda: Right. That's item number 8.
Vice Mayor Plummer: Hey, the question was asked.
Mayor Suarez: That's eight though. Let's just vote on seven first, and then
we will get to eight.
61 July 11, 1991
Vice Mayor Plummer: Well, OK. The money.
Mayor Suarez: That's eight, I think.
Vice Mayor Plummer: The question was asked, and I don't want the record to be
incorrect, is what I am saying.
Mayor Suarez: Right. But it was on seven that I asked him. Because I saw
the...
Vice Mayor Plummer: OK.
Mayor Suarez: OK. So, do we have a vote on seven yet, Madam City Clerk? Do
we have a motion and a second?
Ms. Matty Hirai: Yes, we did, Mr. Mayor.
Mayor Suarez: OK. So, we've disposed of seven? We voted on it?
Commissioner Alonso: Yes, yes.
Ms. Hirai: Yes, we called the roll, Yes.
Vice Mayor Plummer: A hundred thousand dollars ($100,000) - it's meals.
------------------------------------------------------------------------------
23. (A) ALLOCATE $1,743,032 OF 17TH YEAR CDBG FUNDS FOR APPROVED SOCIAL
SERVICE PROJECTS - EXECUTE AGREEMENTS WITH 24 DESIGNATED COMMUNITY
AGENCIES.
(B) DIRECT CITY ATTORNEY TO INVESTIGATE AS TO WHETHER COMMISSION CAN
INITIATE AND APPROVE REQUESTS FOR ALLOCATION OF LAW ENFORCEMENT
TRUST FUNDS FOR POLICE -RELATED NEEDS IN THE COMMUNITY.
(C) DISCUSSION CONCERNING CITY'S EXISTING BOXING PROGRAMS IN POLICE
DEPARTMENT AND PARKS DEPARTMENT.
(D) DIRECT MANAGER TO IDENTIFY $25,000 PURSUANT TO REQUEST FROM BETTER
WAY FOUNDATION - URGE MANAGER TO MEET WITH THE GROUP AND REPORT
BACK THIS AFTERNOON. (Note: This item was not taken up again.)
(E) GRANT REQUEST BY LIONS HOME FOR THE BLIND FOR RENTAL FEE WAIVER
FOR USE OF OFFICE SPACE AT MANUEL ARTIME COMMUNITY CENTER
CONCERNING ITS SOCIAL SERVICE PROGRAM.
-------------------------------------------------------------------------------
Mayor Suarez: OK. On eight then. I'll entertain a motion on item 8.
Vice Mayor Plummer: Mr. De Yurre, I was understanding, do you have...? I
received a note on these items. Are you going to make any motions in
reference to any changes on any of these items? Eight, is in fact... is it
eight? Yes, it's the approval of the social agencies and the dollars that are
allocated.
Commissioner De Yurre: No.
Mr. Castaneda: Commissioner.
Vice Mayor Plummer: I received a message this morning, that there might be an
allocation on the lighthouse for the blind - or not the lighthouse.
Commissioner Alonso: They are included.
Commissioner De Yurre: Well, no. I do want them to come and speak before us,
and... because they are short some money, and if you want to come up and
_ explain.
Mr. Castaneda: Commissioner, if you want, I'll talk about JESCA (James E.
Scott Community Association, Inc.) and Cure Aids now.
Vice Mayor Plummer: No, no. Excuse me. Just so you understand, I was not
raising questions about JESCA, because it's going for meals. OK?
Commissioner Alonso: Meals.
62 July 11, 1991
Vice Mayor Plummer: But. I wanted the record correct that you had previously
answered...
Mr. Castaneda: Sure.
Vice Mayor Plummer: ... that there was not money allocated to JESCA, and your
back up says that there is.
Mr. Castaneda: Right. Let me explain the JESCA situation, because I think it
is important. No? OK.
Commissioner De Yurre: 1 have here Mr. Felipe Vilaomat, who is the executive
director of the Lion's Home for the Blind, Inc., "Hogar del Ciego", and he
would like to address this, if he may.
Mayor Suarez: Right, sir'.
Mr. Felipe Vilaomat: Yes, sir. Commissioners, Mayors, the reason that we are
requesting extra money, is that last year we ran out of funds to pay even for
the rent that we were allocated at the City of Miami Manuel Artime building.
And the way that it looks to be, coming this year too, we are running out of
the money to pay for the rent in order that we can serve more blind clients.
We are at present serving sixty-nine clients, which is about fifteen,
seventeen more than we usually serve from the previous year, and we need that
money for paying the rent, and also for providing the transportation on it.
Mayor Suarez: What are the basic services you provide? - for those that may
no. What are the basic services you provide for the blind?
Mr. Vilaomat: Like...?
Commissioner De Yurre: What do you do for the blind.
Mr. Vilaomat: Ohl OK. What we do, we just provide transportation. Every
morning, we pick them up at their home about eight o'clock in the morning...
seven thirty, eight o'clock in the morning, we bring them to the center, we
provide them with the braille classes, also English, and we provide also,
musical classes. We provide them with the typewriting, and all, whatever...
Mayor Suarez: Is there a food program there?
- Mr. Vilaomat: Yes, sir. We provide them with the hot food every day for
their luncheon at no cost to our clients over there.
Commissioner Alonso: What you are asking us is, a fee waiver of the rental
fee?
Mr. Vilaomat: Or the rental fee, yes.
Vice Mayor Plummer: Rather than an out... more allocation of money?
Mr. Vilaomat: Right.
Vice Mayor Plummer: Well that, we can do.
Commissioner Alonso: I think we can do that.
Commissioner De Yurre: How much money? What is the rental? What does the
rent amount to?
Mr. Vilaomat: The rental fee - we are talking about twelve thousand dollars
($12,000) a year, and the rest of the money that we were asking, is just for
the transportation for expenses and gasoline.
Commissioner De Yurre: Because they were asking for a package of twenty
thousand dollars ($20,000) Mr. Mayor. Twenty thousand of which twelve is rent
that we can get a waiver on that.
Commissioner Alonso: What we need really, is some guidance from the
administration about whether we can do this or not - if it's possible. It
seem to me that the waiver of the fee, the rental that they pay, if it's
possible. But we need some guidance from the administration.
63 July 11, 1991
Mayor Suarez: And if we create the exception, how do we keep... __
Commissioner Alonso: We manage, and...
Mayor Suarez: ... others from asking for it.
Commissioner Alonso: Yes.
Mayor Suarez: Please. Because, is this the kind of program that for whatever
reason is totally unique, or...?
Mr. Odio: You cannot keep others... OK. Let me explain that. We've been
trying to get that building self-sufficient. We have to fund that building -
nine hundred thousand dollars ($900,000) of General Fund monies. The more
waivers we give, the more General Fund monies you're going to have to... and
they are not...
Commissioner De Yurre: Yes, but how many... right now, Cesar...
Mr. Odio: It's very...
Commissioner De Yurre: ... aren't there some entities that are not paying?
Mr. Odio: No, everybody is paying. Yes, there is some. We gave... which
one...?
Mayor Suarez: I think, now, we've got everybody paying. We've done one
waiver?
Mr. Castaneda: In the new building which he is located, I believe the
Catholic Community Services was given a waiver.
Mr. Odio: Right. Yes.
Commissioner De Yurre: OK. So the precedent does exist?
Mr. Odio: No, there are people there that are not paying. You know, you have
the old church building with offices in the back.
Vice Mayor Plummer: Oh! OK, but they just redid the building? Yes, OK. You
said a new one. I...
Mr. Odio: In other words, the more waivers we give, the more General Fund
monies, we have to find.
Commissioner De Yurre: Yes, I know.
Commissioner Dawkins: But you see...
Commissioner De Yurre: But you know, if we start adopting these programs that
these people are doing, which are worthwhile and provide a service, you know,
we've got to take that into consideration also.
Vice Mayor Plummer: How much are we talking about?
Commissioner De Yurre: Twelve thousand - a fee waiver.
Commissioner Alonso: Twenty thousand, they're asking.
Mayor Suarez: But their waiver is twelve...
Commissioner Alonso: The waiver is twelve.
Commissioner De Yurre: They need twenty.
Vice Mayor Plummer: Well, let me ask this question. How much is in the
Contingency Fund?
Mr. Odio: What Contingency?
Vice Mayor Plummer: Of these monies? There was a Contingency Fund.
64 July 11, 1991
C
Mr. Castaneda: Five thousand five hundred and eighty dollars ($5,580).
Vice Mayor Plummer: There was one other item in there...
Mr. Castaneda: Right.
Vice Mayor Plummer: ... that if something go...
Mr. Castaneda: That 'is correct.
Vice Mayor Plummer: ... there would be a hundred and sixty-one.
Commissioner Alonso: A hundred and sixty something.
Mr. Castaneda: That's the daycare money. Let me explain what's going on.
Commissioner Alonso: And that's daycare money.
Mr. Castaneda: Let me explain what's happening with the daycare issue. We
were expecting to reallocate that money out of daycare, because that money
will be available in the State by October 1st. What we are hearing now, is
that the request for proposals for that money that the State is going to have
by October 1st, will not be going out until January. I think the State is
basically holding our money - for a year.
Commissioner Alonso: So we better hope that that money is off limits money,
period.
Mr. Castaneda: Yes, It's off limit until this issue...
Vice Mayor Plummer: Well, look, you know, as far as I am concerned, damnit,
we give twelve thousand dollars ($12,000) to a festival, and we are talking
about something here that provides a community service. As far as I am
concerned, if it's not available in these particular monies, I would move that
a grant from the General Fund be provided for the twelve thousand dollars
($12,000) so that these people continue the good work that they do.
Commissioner Alonso: It will be a waiver of fee...
Vice Mayor Plummer: No, no, no.
Commissioner Alonso: ... rather than out-of-pocket money.
Commissioner De Yurre: But, we are going to get it back anyway. It's a wash,
they are going to pay it back to us, anyway.
Vice Mayor Plummer: That's it. It's...
Commissioner De Yurre: So instead of being a waiver, you know, if you are
uncomfortable with calling it a waiver, then we do it this way.
Vice Mayor Plummer: All right. Can I make this suggestion to my colleagues.
Let's approve this what we have in front of us, and then I will be happy to
make a motion that we allocate an additional twelve thousand dollars ($12,000)
to this organization to continue their work.
Mayor Suarez: From CDBG (Community Development Block Grant)?
Vice Mayor Plummer: From whatever source possible. If it's there, fine, and
if it's not, wherever possible.
Commissioner Alonso: I would rather we do it in installments, rather than
out-of-pocket money. We don't have to put up the money, so we just waive the
rent as it comes.
Vice Mayor Plummer: I have no problem with that, but we are giving money to
them to give back to us. I mean, it's...
Commissioner Alonso: Fine.
Vice Mayor Plummer: I have no problem with that.
65 July 11, 1991
Mayor Suarez: All right. As to item eight, you want to take that up first, I
think logically?
Vice Mayor Plummer: I'll move item eight, as presented.
Mayor Suarez: OK.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion?
Commissioner Alonso: Yes. And I have some questions.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Better Way, did not get the money from the Police
Department. I am very concerned that they will have to close because of lack
of funds - twenty five thousand dollars ($25,000) - it's very much needed.
Commissioner Dawkins: I second the motion.
— Commissioner Alonso: What are we going to do to resolve this case?
Commissioner Dawkins: I second the motion.
Mr. Odio: We gave forty thousand to Better Way already. OK? - Out of the
Beckham....
Commissioner Alonso: You know that they had a fire? We made a motion about
- two Commissions ago. The Police Department turned us down - I don't know why.
Mr. Odio: Let me talk to the Chief again and see where we are on that one.
Because I saw a memo from him... I have been reading a lot... catching up,
but.. that he was considering Better Way. I did see a memo from him in my
files, so let me ask him, because...
Commissioner Alonso: You saw a memo... they turned us down. That's what you
saw.
Mr. Odio: No, I want to talk to the Chief before...
Vice Mayor Plummer: For shame.
Mayor Suarez: Mr. City Attorney, on that issue. Now, you and I have had some
discussions about the contents of your legal memorandum explaining the whole
process of the Law Enforcement Trust Fund to which Commissioner Alonso is now
referring. Is it not the case that in fact, legally, this Commission can
allocate funds that are otherwise processed properly in a Law Enforcement
Trust Fund, and otherwise accounted properly to this date, for any purpose
that we deem proper within the definition of the statute? - with or without
the recommendation of the Chief.
Mr. Fernandez: No, sir. My interpretation of the statute as it presently
stands, is that the Chief has got to initiate the request of this Commission.
You may deny his request.
Mayor Suarez: So we have veto power, but not initiating power?
Mr. Fernandez: That's right, sir.
Mayor Suarez: And that's your interpretation based on wording? Where... can
you cite actual wording to me?
Vice Mayor Plummer: Well, Mr. Mayor.
Mr. Fernandez: All right.
Vice Mayor Plummer: Mr. Mayor, I am going to ask for a ruling by the attorney
general, and I don't mean to defy my colleague here, but I do know that other
66 July 11, 1991
=s
municipalities are operating under different guidelines. And based on that, I
would ask, since it is a State statute.,.
Mayor Suarez: We have, by the way, a modification proposed also to the State,
you should know this, that would expand the definitions to include other
things that we are interested in, like the homeless, et cetera, and of course,
Better Way would come under that.
Vice Mayor Plummer: I think that right now, they are liberal enough. And the
only reason I am asking for the attorney general's ruling, it is a State
statute and he is the one who would make the final decision anyhow.
Mayor Suarez: Yes. I am inclined to go with you on that, because I haven't
seen yet any clear wording to the contrary, and if there is, Mr. City
Attorney, maybe we should just ask the legislature to change it.
Mr. Odio: Change that law.
Mr. Fernandez: Correct.
Mayor Suarez: I mean, and again, no... nothing derogatory meant about our...
Mr. Fernandez: We've already contacted the attorney general and other members
high ranking in the State government...
Mayor Suarez: But, we want a formal opinion, and if you want to, I can
request it, or you can request.
Mr. Fernandez: And they all refused to give us an opinion.
Vice Mayor Plummer: The attorney general refused?
Mr. Fernandez: Yes, sir. They've...
Vice Mayor Plummer: Wait a minute, wait a minute. How can the attorney
general of the State of Florida refuse a municipality's request for an
opinion?
Mr. Fernandez: Because if it's not within the proper jurisdictional...
Vice Mayor Plummer: Is it not related to State statutes?
Mr. Fernandez: It certainly is. But then there is an agency...
Vice Mayor Plummer: And that's not within their purview?
Mr. Fernandez: L?w enforcement... Florida Department of Law enforcement, I
don't know where... the people here for the Police Department would be to
address that. They have jurisdiction in the statute over this section of the
law. And my recollection in speaking with the attorney general's office and
with other offices in State government, is that this is a very undefined area
of the law, and that if we want remedy or answers, we should pursue them
through the legislative process. But we will put it in writing. I will make
a written request of the attorney general fcr him to address the long-standing
concern of this Commission...
Mayor Suarez: In the meantime, we ought to be...
Mr. Fernandez: ... whether you can initiate. Let me see if I understand your
concern. Your concern is that you want to have the ability to initiate and
approve request for program funding in the...
Mayor Suarez: Yes.
Mr. Fernandez: ... other than, or in that category which is known for other
law enforcement purposes.
Mayor Suarez: Sure.
Mr. Fernandez: OK.
Commissioner Alonso: OK...
67 July 11, 1991
Mayor Suarez:
the statute.
And you still owe me finding wording that says otherwise, in
Vice Mayor Plummer: Yes, but Mr. Mayor, I've got to put in here a word of
caution. I think that we have to remember, in the great number of cases of
the matters that have come before this Commission relating to that fund, it is
in fact, to do things in the Police Department that otherwise would have had
to be taken from the General Fund. And I caution everyone including myself,
_ that that is not a slush fund. That is a fund that was set up for purposes to
help law enforcement. I am not saying that any applications would not be that
way, but I think that the bottom line we have to remember, that everything you
take away from that fund potentially, is necessary for the Police Department,
if the monies are not there, will have to be provided by the General Fund.
So, I would hate to see that the Police Department doesn't have some control
over that fund. I, of course, have had my questions that they have one
hundred percent control, but I don't want to see the fact that they don't have
control...
Mr. Odio: Well, I'll like to see...
Vice Mayor Plummer: ... and input into that fund.
Mr. Odio: I would love to see all of that money from Law Enforcement Trust
fund go to the... alleviate the budget of the Police Department, direct
operation.
Mayor Suarez: Yes, that would require State legislative change, clearly.
Vice Mayor Plummer: It would.
Mayor Suarez: Yes, because that's clearly negated in the definition.
Mr. Odio: On Better Way...
Commissioner Alonso: OK. Well, let's finish with this item...
Mayor Suarez: Let's finish item eight, and then we get to...
Commissioner Alonso: ... and then I go again to Better Way, and a motion that
I am going to make.
Mr. Odio: OK. Because I have a solution.
Mayor Suarez: Anything else on item eight? And then we are going to vote on
item eight and then come right back to exceptional needs and situations.
Ms. Gloria Rosello: Mayor, and City Commissioners, my name is Gloria Rosello,
3007 NW 7th Street, Miami, Florida. As the chairman of Little Havana, Frank
knows that I work very closely with all the target areas. And we... the part
of all the elderly, we took care of, I mean, we wanted, you know, to fund them
as much as we could. The part of the little kids, we knew it was going to
happen, and we told Frank it was going to happen - that we might have an
emergency and something might come up. But, the part... my only part that I
struggled so much for, and I talked to Mr. Odio about the gymnasium on Little
Havana, because the kids in east Little Havana, they have nothing, no programs
whatsoever. And since you were talking before about the Police Department,
and now this comes up, maybe it could... something be... we would work
something out with the Police Department. Because I spoke already to the ex -
Chief. He told me he was going to work with me, and he told me to go and see
Warshaw and I didn't receive any answer whatsoever. When this came up, I saw
that nothing was allocated, and they were just asking for thirty thousand
dollars ($30,000) - Sergeant Burns, to begin the boxing program in Little
Havana. And it was not done. And I will like for all of you to look at this
very closely to see...
Mayor Suarez: Where in Little Havana would it be?
Ms. Rosello: Well, I don't know. Mr... the City Manager told me that
maybe...
Mr. Odio: Jose Marti.
68 July 11, 1991
Commissioner Alonso: Jose Marti Park?
Mayor Suarez: The logical place would be, Marti.
Ms. Rosello: •. in the Jose Marti Park. In another area - they were looking
for some areas, because other areas have this.
Mr. Odio: We are going to do the boxing program in Jose Marti Park with the
Police Department. We are.
Mayor Suarez: And would you be enclosing that structure that's there to have
a little bit...
Ms. Rosello: But, they haven't allocated any money.
Mr. Odio: Yes. You don't have to add any buildings, just move...
Mayor Suarez: Because that structure, you know, it's a nice looking monument
I suppose, but it really isn't all that useful. I think, it was supposed to
be a restaurant at one point.
Commissioner Alonso: So is it going to be done?
Mr. Castaneda: It was supposed to be a restaurant.
Vice Mayor Plummer: Wait a minute. Let me ask a question. Are you putting a
boxing program under the Police Department or under the Parks?
Mr. Odio: Police.
Ms. Rosello: It's done in other areas under the Police Department, because...
Vice Mayor Plummer: Mr. Mayor, I have to voice an objection. I think that
the boxing program in Jose Marti Park is excellent, it should be done, but I
seriously question under the Police Department.
Commissioner Alonso: It's done in other areas.
Mayor Suarez: It's because of the Law Enforcement Trust fund again.
Vice Mayor Plummer: Well, but, Mr. Mayor.
Mayor Suarez: It's the same issue, J.L.
Vice Mayor Plummer: Yes, the same issue is, is the fact that we are using
sworn police officers in the boxing program.
Commissioner Alonso: No.
Mayor Suarez: No. There is a philosophical problem there, unless you justify
it with the fact that we want the police to relate better to the community.
And then you say, well...
Vice Mayor Plummer: That's what community relations is for.
Mayor Suarez: ... it really... that's great, but - yes, we have other
components. Then the Law Enforcement Trust Fund issue comes into it. This is
a good way to justify the use for that. And then now, we are at a point as
Commissioner Alonso is saying that, if he is going to be doing this, if Mr.
Burns, Officer Burns, Sergeant Burns, and some of the other officers... -
Vice Mayor Plummer: He does an excellent job.
Mayor Suarez: ... right. We may as well have them do it in many, many places
so that his time is a little bit more, you know...
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: ... well, you know, utilized.
69 July 11, 1991
0
40
Vice Mayor Plummer: Just for the record.
Boxing Program is in dollars right now?
Are you aware of what the Police
Mayor Suarez: 1 know it's a component, and a large component. It's...
Commissioner Alonso: It's better than the millions that we would use later
on...
Mayor Suarez: Yes. That's the argument.
Commissioner Alonso: ... trying to resolve problems in society. It's
prevention.
Vice Mayor Plummer: What I am trying to say to my colleague is, that I think
under the Parks and Recreation Program, we are at presently spending for a
boxing program, a... and by the way, we have a boxing program in Parks and
Recreation, but the one in the Police Department is eight hundred -and -fifty
thousand ($850,000).
Mr. Odio: I've just been told...
Commissioner Alonso: That we cannot use for other things as we see every day
here.
Ms. Rosello: Maybe...
Mr. Odio: Gloria. I have just been told Gloria, that the program has already
started in Jose Marti Park with Sergeant Burns.
Mayor Suarez: OK.
Ms. Rosello: Well, the money was not allocated.
Mr. Odio: But the program...
Mayor Suarez: Folks, folks, wait a minute, wait a minute. Let's get this
resolved administratively.
Mr. Rosello: Then I don't know, you know, how did it start, because...
Mayor Suarez: Gloria, please, if the... this Commission is concerned of lots
of items today.
Mr. Odio: What we did not...
Mayor Suarez: If in fact the program is going, wherever the monies were
found, please check that out, see if you are satisfied with it, and the happy
thing is that the program is working. Let's not argue about something like
that.
Commissioner Alonso: Hold it. Mr., Mayor, I don't think the program is on.
Mr. Odio: It is.
Commissioner Alonso: It is? Who is saying? Put it in the record that it's
on, hours, everything, so we can check.
Mr. Odio: What we did not allocate, is monies to build a facility.
Mayor Suarez: Would you please answer the Commissioner's question first, and
then any further explanations. Is the program in fact, in place?
Ms. Diane Johnson: It's my understanding that they are presently operating in
that concession area. They are using whatever existing facilities we have
available.
Mayor Suarez: Yes. Are you sure about it?
Ms. Johnson: I double-checked with Kevin Smith, assistant director for
Recreations.
Commissioner Alonso: Yes.
70 July 11, 1991
Mayor Suarez: Please, when you have that information, then put it in the
record, and then let's answer the second part what the Manager just alluded to
which is, that we were going to enclose it, probably what you are concerned
about, and have an enclosure there.
Ms. Johnson: There had been...
Commissioner Alonso: And, Mr. Mayor, if it's on, it's the best kept secret.
Mayor Suarez: That's going to be the next point that I was going to make. We
have an eight hundred -and -fifty thousand dollar ($850,000) boxing program.
Mr. Manager, please, aside from that, we are moving quickly here. And
Lieutenant, this is really particularly directed at the Police Department, and
at the whole concept of police community relations that is improved through a
boxing program. Assuming all of that make sense, and some of us up here,
obviously, are questioning whether it does as an allocation of resource.
Assuming it makes sense, and assuming it's the only way to use these monies,
and programs are intrinsically worth a lot, which they are, obviously, you
wouldn't be up on a microphone if you didn't want to extend it to Little
Havana. The alternative to eight hundred -and -fifty thousand dollars
($850,000) whatever the amount is, all right? - it's in the hundreds of
thousands - it's well into the hundreds of thousands - three hundred, if not
eight fifty - two hundred and some is the figure that I thought. OK? The
alternative is the kinds of programs historically that have been known that
the police do, which is like passing out information on the Dolphin Games,
relating to the young people in other ways, where you reach a lot more than a
few boxers. Now, responding to Commissioner Alonso, assuming still that we
want to relate to the few boxers, OK? - how do we get this program to be
better known, so someone knows that the police is doing this? Sergeant Burns
is a fine fellow, people don't know necessarily that he... unless they watch
cable as I was watching the other day, and saw that he had another national
golden glove champion, they might not know that the Police Department is doing
this. It has very little visibility, very little impact in community
relations, as Commissioner Alonso is stating, because no one knows about it.
Now, shouldn't it be somehow coupled with a way to let the public know that
this is a police boxing league, and police is the word that's crucial there,
and Police Department is doing this, we have police officers, and maybe, Burns
ought to wear a uniform.
Commissioner Alonso: May I ask Mr. Ruder.
Do we have the program now? Is it
working now?
Mr. Albert Ruder: At Jose Marti?
Commissioner Alonso: Yes.
Mr. ruder: Yes. Pat Burns approached us,
maybe about three months ago. I
think his adventure...
Mayor Suarez: That's a very long answer to
a very simple question.
Mr. Ruder: Well, I said yes.
Mayor Suarez: Do we have a boxing program?
Mr. Ruder: Yes, we do.
Mayor Suarez: It's open air? it's out
in the open, because there is no
enclosure there.
Commissioner Alonso: How often?
Mr. Ruder: It's in one of the pavilions that we have there.
Commissioner Alonso: What days do they have it? How often?
Mr. Ruder: Monday through Friday.
Commissioner Alonso: Monday to Friday?
Mr. Ruder: Yes. I believe...
71 July 11, 1991
Commissioner Alonso: What hours?
Mr. Ruder: Yes, during the school years, after school. And I believe we sent
you a memo, or the Police Department did announcing it.
Commissioner Alonso: How come I go to the Park and I don't see it?
Mr. Ruder: I don't know what time you go, but it...
Commissioner Alonso: I go after school. Hours that the kids are supposed to
be there.
Mayor Suarez: I've never seen anybody boxing from the expressway. The
expressway, if you look down on the park...
Commissioner Alonso: I see the kids...
Mr. Ruder: It's in the little pavilion. Really, the only pavilion.
Commissioner Alonso: Yes. The only place that seems logical to me.
Mr. Ruder: Yes. I think their event...
Commissioner Alonso: I'll like to know the hours and everything.
Mr. Ruder: Their eventual goal is to build some type of a building. They
have been trying to secure...
Commissioner Alonso: Well kept secret.
Mayor Suarez: Yes, we've covered that. OK.
Ms. Rosello: Mayor, excuse me.
Vice Mayor Plummer: Did somebody say on the record, the boxing program in the
Police Department was only two hundred thousand dollars ($200,000)? Did
somebody say that?
Mayor Suarez: They said, over... some amount over two hundred thousand, is
what they said.
Vice Mayor Plummer: Wait, wait, wait, because I am going to ask that, if in
fact, that somebody... statement made, that we say that it shall not exceed
that amount of money.
Mayor Suarez: OK.
Vice Mayor Plummer: Who made the statement, it was only...
- Mayor Suarez: That person that made the statement willing to agree to a
resolution that says it shall not be any greater than the amount you stated?
Lt. Joe Longueira: Commissioner, I don't know the exact amount. I know that
through LETF, we fund a hundred and something thousand a year. Then I know
that we have the salaries.
Vice Mayor Plummer: What is the total cost of the program?
Lt. Longueira: I will get you that today.
Vice Mayor Plummer: You got it for me before, and...
Lt. Longueira: But, I know it's not eight hundred thousand.
Vice Mayor Plummer: How much?
Lt. Longueira: I know it is not eight hundred thousand.
Mayor Suarez: You have a bet.
72 July 11, 1991
Vice Mayor ►lumner: OK. You will get me the exact figure, including
salaries, and all cost related. OK?
Lt. Longueira: Yes, sir.
Ms. Rosello: Mayor.
Mayor Suarez: Gloria Rosello, what could you possibly have left on this item
that we haven't already handled?
Vice Mayor Plummer: It was not my number. I was amazed when I heard that
number.
Ms. Rosello: A lot. I spoke to Commissioner Dawkins when this came up and he
told me, he says, make sure something is done, well done - not a mickey mouse
job.
Mayor Suarez: OK. You want an enclosure over there.
Ms. Rosello: That's number one. Number two, there are a lot of people that
work for free for those programs, because my husband, every time the Police
Department calls on him, because they cannot begin a fight unless they have a
doctor there, he works for free. So I think there are a lot of people in that
community that could work for free also...
Mayor Suarez: Yes.
Ms. Rosello: and give their free time. But when I spoke originally to
Commissioner Dawkins, who has helped me a lot to go over to the Chief of
Police, he told me, make sure the thirty thousand dollars ($30,000) are
allocated, and you know, we will help you on that. That's the only thing.
And I didn't know that it was...
Mayor Suarez: Well, the problem is, you made it sound as if it was a boxing
program you wanted, and now, what you're really talking about is a new
structure to make the boxing program enclosed.
Ms. Rosello: No, no, no.
Commissioner Alonso: She want it done right.
Ms. Rosello: It was the boxing program. But, like he said, with thirty
thousand dollars ($30,000) there is not much that you could do. That's the
only thing that I am, you know.
Mayor Suarez: OK. But the boxing program apparently is in place. If you
want to suggest something else that we do with it, expand it, or whatever.
Ms. Rosello: No, I will like it to work. That's all.
Commissioner Dawkins: All of us are going to...
Mayor Suarez: Yes. It sounds like all the Commissioners are...
Commissioner Alonso: Yes, we will.
Ms. Rosello: Thank you.
Mayor Suarez: OK. Anything further?
Vice Mayor Plummer: We're still on eight?
Commissioner Alonso: Yes.
Mayor Suarez: Yes. Before we ...
Commissioner Dawkins: Pull the mike up, sir.
Mr. Gary Jean-enard: Thank you. My name is Gary Jean-enard, I am here on
behalf of HACAAD (Haitian American Community Association of Dade). Mr. Mayor,
Madam Commissioner, Commissioners, I am asking you to adopt item number 8 for
a different reason. So, for the sake of time, I will mention only that it has
73 July ill 1991
a clause for a forty-nine thousand dollars ($49,000) for HACAAO ir. providing a
very needed food voucher program to the Haitian Community, and also, some of
the residents in the Little River area. We are very hard hit by the
recession, the unemployment problems, so, we thank you to adopt that program.
Mayor Suarez: You know, we have a saying here, don't thank us until we vote.
How do you pronounce your last name?
Mr. Jean-enard: Jean-enard. To the subscriber, the correct spelling is, J as
in July, E-A-N hyphen E-N-A-R-0.
Mayor Suarez: First time anybody ever calls her the subscriber. That's a...
Mr. Jean-enard: I beg you pardon?
Mayor Suarez: That's the first time anybody ever calls her that. You called
her the subscriber, right?
Mr. Jean-enard: Some days, there's one here.
Mayor Suarez: She is the one that handles the equipment that later gets
transcripted, but that's great. All right.
Mr. Jean-Enard: Thank you.
Mayor Suarez: Any further discussion on item eight?
Commissioner Alonso: No. But, related to that, I am going back to Better
Way.
Mayor Suarez: You want to vote on it first and then we?...
Vice Mayor Plummer: Better Way.
Mr. Odio: Better Way, the problem... and I talked to the Chief.
Mayor Suarez: Wait, wait. Let me just ask the Commissioner.
Mr. Odio: That they asked...
Mayor Suarez: You want to vote on it?
Commissioner Alonso: Well, I want to be sure that before we leave today, we
are certain that Better Way will get the twenty-five thousand dollars
($25,000) that is needed.
Mr. Odio: Well, if they agree to...
Commissioner Alonso: Either through the...
Mayor Suarez: Law Enforcement Trust fund, or...
Commissioner Alonso: Police Department, Trust...
Mayor Suarez: ... CDBG, or.
Commissioner Alonso: Whatever way. But we must provide twenty-five thousand
dollars ($25,000). It's needed before August 1st. They house sixty homeless,
and they provide very essential services.
Mr. Odio: The Chief has no problem in giving them twenty-five thousand
dollars ($25,000) for the drug program. The problem is, when they came to
him, they asked him for monies to move. That is not encompassed by this Law
Enforcement Trust fund. He cannot...
Commissioner Alonso: Well, if they want to play games, they can come and say,
they need it to provide additional services.
Mr. Odio: So, we would be glad...
Commissioner Alonso: If that's what is needed, I am sure...
74 July 11, 1991
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Mayor Suarez: I am sure they can juggle their budget:.
Commissioner Alonso: Better Way will think of ways of, to present to them
whatever they wanted.
Mr. Odio: We will be glad to...
Commissioner Alonso: But the fact of the matter is, they need twenty-five
-T,
thousand dollars ($25,000). Give it to them.
Mayor Suarez: And moving expenses by the way is not precluded by a definition
that I read. Anything that's related to fighting and crime, or something -
it's a very general definition.
Mr. Odio: We would be glad to provide them funds for their program, drug
related programs.
Mayor Suarez: All right. And they will have to come up with the defi...
Commissioner Alonso: Do we need to take another vote in reference to Better
Way? We already did.
Mr. Odio: We will have to bring back to you, a resolution.
Mr. Fernandez: It has to come back to you from the Chief of Police, a
resolution.
Mayor Suarez: Can we try to do that today? Commissioner Alonso, couldn't we
get the Better Way folks to couch this in a way that we could get a...?
Commissioner Alonso: Certainly, I'll get back to them immediately.
Mayor Suarez: All right.
Commissioner Dawkins: I'd suggest that Commissioner Alonso direct the Manager
to have somebody sit down with Better Way, structure what needs to be brought
back to us, and bring it back to us this afternoon.
Mayor Suarez: Yes, please.
Commissioner Dawkins: I mean, it's no sense in the gentleman trying to do,
and then when they come back with it, the administration says it's not right.
Mayor Suarez: Yes. And Lieutenant, work with them on that so that we can get
a recommendation.
Commissioner Dawkins: And bring it back this afternoon, I would suggest.
- Commissioner Alonso: This afternoon, yes.
Mayor Suarez: Apparently the Chief has already recommended as long as it fits
within the definitions as stated by the Manager and the City Attorney..
Vice Mayor Plummer: But, that has nothing to do with eight.
Mayor Suarez: Right. All right, Mr...
Vice Mayor Plummer: I moved eight.
Mayor Suarez: Moved. Has eight been seconded?
Ms. Hirai: Yes.
Mayor Suarez: Call the roll on item eight.
75 July ill 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-512
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $1,743,032
OF SEVENTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. IOBB5,
ADOPTED MAY 9, 1991, TO PREVIOUSLY NAMED SOCIAL
SERVICE AGENCIES LISTED HEREIN FOR APPROVED SOCIAL
SERVICE PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH SAID AGENCIES FOR SUCH PROJECTS.
(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.
Commissioner De Yurre: Now, Mr. Mayor, we've got to approve the twelve
thousand dollars ($12,000) for the program.
Mr. Fernandez: Correct.
Mayor Suarez: And how is that being characterized then? Is it going to be a
waiver, or you're trying to make it into a grant then to pour over back into
the City for rent?
Commissioner De Yurre: Well, whatever is more convenient for the
administration.
Vice Mayor Plummer: Whichever way the management wants to do it.
Commissioner De Yurre: It's the same effect.
Vice Mayor Plummer: Second.
Mayor Suarez: Moved and seconded.
Mr. Fernandez: In passing a resolution waiving, I know that you say from
wherever source, but I would like for the administration, in order - drafting
the resolution...
Mayor Suarez: I'm not going to vote for it unless it specifies where.
Mr. Fernandez: Correct.
Mayor Suarez: I think there are many emergencies that we have done that, but
this is just not one of them. I think that it will make sense, at least for
my vote, to just say it's just going to be a waiver. I mean, we've done one
for the Catholic Community Service, and we'd do another one.
Vice Mayor Plummer: I have no problem with that.
Commissioner De Yurre: It's a...
Mayor Suarez: I hate to start setting a precedent, but we've done it, we've
set a precedent, and I guess, the Home for the Blind is as important a social
service as any that I could conceive.
Vice Mayor Plummer: Victor.
76 July 11, 1991
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Commissioner De Yurre: Waiver of a fee.
Vice Mayor Plummer: I have no problem with that.
Commissioner De Yurre: OK.
Mayor Suarez: So moved. Seconded.
Mr. Fernandez: So then, it's just a straight waiver?
Mayor Suarez: Yes, sir.
Mr. Fernandez: All righty.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-513
A MOTION GRANTING REQUEST BY "LIONS HOME FOR THE
BLIND" FOR WAIVER OF RENTAL FEE (FROM JULY 1, 1991 TO
JUNE 30, 1992) FOR USE OF OFFICE SPACE AT THE MANUEL
ARTIME COMMUNITY CENTER IN CONNECTION WITH ITS SOCIAL
SERVICE PROGRAM.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Frank, you see our quandary here? We don't to create more
precedent, we want to try to make that facility as self supporting as
possible. Would you please come up with extremely strict guidelines that only
something like the Catholic Community Services that is rendering a whole host
of services to this community, or the Home for the Blind could possibly
qualify for, and that doesn't allow anyone else to come in. I mean, there are
many, many worthy programs of all sorts over there that they should pay rent.
I mean, these are exceptional ones, and help us with that.
Mr. Castaneda: OK.
Commissioner Dawkins: But I want you to understand. I told you guys when you
voted for the first one...
Mayor Suarez: Yes.
Commissioner Dawkins: ... that I was going to vote for every other one that
came up here.
Mayor Suarez: Yes, we were warned.
Commissioner Dawkins: You never should have opened up the gates with the
first one.
Mayor Suarez: Protest us from our Father.
Commissioner Dawkins: Now everyone that comes up here, I am voting yes. I
don't care who it is.
77 July 11, 1991
Mr. Castaneda: OK Commissioner.
Mr. Gonzalez-Goenaga: Excuse me, Mayor.
Mayor Suarez: All right, for the rest of us that want to try to vote no on
the other ones, it maybe, if the guidelines would be so strict that the
community would understand that these are just exceptional situations. All
right.
Commissioner Alonso: That they will not be placed on the agenda.
Mr. Gonzalez-Goenaga: Mayor.
Mayor Suarez: We won't even get them to the agenda.
Mr. Gonzalez-Goenaga: Mayor, my only concern is that item 8 and 9 were
removed, and I have been unable to see it. And I hope that anybody that took
it, to please put it back. Eight and nine.
Mayor Suarez: Whoever took items eight and nine, please put them back, along
with anything else that is missing. OK.
--------------------------------------------------------------------------------
24. (A) EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH SIX NEIGHBORHOOD
BASED HOUSING COMMUNITY DEVELOPMENT CORPORATIONS TO UNDERTAKE
ACTIVITIES TO STIMULATE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW
AND MODERATE INCOME FAMILIES AND INDIVIDUALS - ALLOCATE $43,270
TO EACH GROUP (17TH YEAR CDBG PROGRAM) AS ADMINISTRATIVE FUNDING
GRANT. (Grants went to: (a) CODEC, Inc.; (b) East Little
Havana Community Development Corporation; (c) St. John Community
Development Corporation; (d) Tacolcy Economic Development
Corporation; (e) Florida Housing Cooperative, Inc.; and (f)
Wynwood Community Economic Development Corporation.)
(B) DISCUSSION CONCERNING ALLEGED REMOVAL OF OAK TREES FROM
ALLAPATTAH MINI -PARK SITE (See label E1).
------------------------------------------------------------------------------
Vice Mayor Plummer: Item nine.
Mayor Suarez: Item nine. Thank you.
Vice Mayor Plummer: Mr. Manager, I have a question about... you know this
Commission passed, and I don't remember the name of it. This Commission
passed for the daycare center at 15th Avenue and 15th Street - yes, Pat Keller
was the one that came here and raised holy hell about the park.
Commissioner De Yurre: It's the Allapattah/Wynwood something or other.
Vice Mayor Plummer: Well, I think we removed the name Wynwood because it has
nothing to do with Wynwood. All right. Is there... it was stated at the
County Commission meeting yesterday, or day before yesterday, that the
developer of that property illegally chopped down unnecessarily, oak trees,
was cited by DERM (Department of Environmental Resources Management), and the
City of Miami to CYA (cover yourself) came back after, the fact and issued a
permit for the removal of those trees. Now that's an accusation against us,
and I would like to make the record clear, if it's not the case, to dispel,
and if it is the truth, then I want somebody to hang for it.
Mr. Odio: I'll get you the information.
Vice Mayor Plummer: OK. That accusation was made at the County Commission
level. And if that develops, if there is any truth to that, then I want to
tell you something, I'm going to have some real second thoughts about that
development. So, go ahead and proceed with item number nine, Mr. Mayor, but,
it's all part and parcel.
Mayor Suarez: All right.
Commissioner Alonso: May I ask Commissioner Plummer, you said, we removed the
name Wynwood from the... how could we do that? We have no jurisdiction. We
did that? - that's illegal. How can we do that?
78 July 11, 1991
Vice Mayor Plummer: No, I think that Commissioner Dawkins was the one who
brought out very clearly, that at 15th Avenue and 15th Street northwest, that
it had no relation to Wynwood, and they were agreeable that it did not relate
to Wynwood, and Wynwood themselves was upset about it, and they brought it to
our attention.
Commissioner Alonso: But the problem is, these people used that name
regardless. And so, it has to be used, because that's the name by which they
obtained the funds...
Mayor Suarez: It's a legal name?
Vice Mayor Plummer: I thought that they had agreed to drop it.
Commissioner Alonso: ... and they have used it all along. And I think the
reason they did that, was to avoid confusion...
Mayor Suarez: With the existing one?
Commissioner Alonso: ... with a similar project in Allapattah. And I think
that was the idea of it. But we have no power to change an organization who
wants to call themselves the "Blue Boys" or whatever.
Vice Mayor Plummer: "Blue Brothers."
Commissioner Alonso: Better, because I will refer to you guys.
Vice Mayor Plummer: It was just my recollection that Commissioner Dawkins
brought forth as well as the people of Wynwood, that it did not in any way
relate to Wynwood and should be dropped. Whether or not is was legally, I
can't answer that.
Commissioner Alonso: OK.
Mayor Suarez: I don't think it was legally so.
Commissioner Alonso: No. I think it was a comment more than anything else.
Mayor Suarez: And it's a name. Hey, they can call themselves whatever they
want.
Commissioner Alonso: OK. So, what do we do?
Commissioner De Yurre: Mr. Mayor, on this number nine, I've got a problem
because though I see a lot of you know, good organizations that are involved
in housing and furthering affordable housing and low income housing in our
community, one that is not there and I need to ask why, on the record, is
Orlando Urra's organization in Allapattah. Because they are working very
diligently and very hard at creating housing in the immediate area, and I
would like to hear about that.
Vice Mayor Plummer: Are we talking about for all of these organizations, a
total of forty-three thousand?
Mr. Jeff Hepburn: No, it's forty-three thousand each.
Mayor Suarez: Each.
Vice Mayor Plummer: Each?
Mr. Hepburn: Correct. In terms of the Allapattah Business Development
Authority, to my knowledge, they never submitted an application to the City
for funding during the seventeenth year funding process. And that's the
reason they are not there, as far as I know.
Vice Mayor Plummer: Are there excess funds left over?
Mr. Hepburn: That's something Frank is going to answer.
Commissioner Alonso: And I think probably, item 48 is related to this. I
think it is.
79 July 11, 1991
Vice Mayor Plummer: I'm asking, are there excess funds?
Mr. Odio: No.
Mr. Castaneda: No.
Vice Mayor Plummer: Are there any funds carried over from the previous year
that were not used? Hello, "oigo."
Mr. Castaneda: We are talking about forty-three thousand dollars ($43,000)? -
No.
Vice Mayor Plummer: Per organization, were there any funds from last year
that were allocated that were not used?
Mr. Castaneda: I am sure that there is some money that is going to be left
over from the CBO's (community based organizations) but not in that amount.
Five hundred dollars here, two hundred dollars there, and so forth.
Commissioner De Yurre: You know, what can we do to get them involved?
Because they do need the help and they are doing, I think, a very good job in
the area.
Commissioner Alonso: How come they were forgotten?
Vice Mayor Plummer: If you don't ask me to dance, I don't dance. They
obviously didn't put in an application according to what I hear.
Mr. Carlos Luis Brito: We never received any information about these
fundings, and we never received any applications or anything like that. I
spoke, a few days ago, to Mr. Hepburn and I told him about it, and he said it
was too late for us to apply for it.
Commissioner De Yurre: What is the procedure as far as getting people
involved in the process as far as making them aware?
Mr. Castaneda: Commissioners, we have public hearings in the different
communities and so forth. The Housing Department obviously handles the
housing issues and things of that nature, but we do have public hearings in
every neighborhood and so forth.
Commissioner De Yurre: OK. When did you have one in Allapattah?
Mr. Hepburn: Each year, we go through a process where there are meetings in a
neighborhood. They are Citywide meetings where we talk about projects.
Agencies come to the City, they apply through Frank's office and they submit
applications. What I am saying is that the Allapattah Business Development
Authority did not submit an application for housing.
Commissioner De Yurre: I am aware of what you are saying. My question is,
when did you go, when you went to the neighborhoods, when did you go to
Allapattah? And where in Allapattah did you go to?
Mr. Hepburn: Frank has to answer to that. I mean, those meetings are
conducted by the CD (Community Development) Department, not by housing office.
Vice Mayor Plummer: Look...
Commissioner De Yurre: I am not... I just want to have an answer.
Mr. Hepburn: I don't know. I don't exactly the day of the meetings.
Vice Mayor Plummer: Can... Victor, excuse me for one minute. Can I try to
cut through all this? We want to help them. Tell us how.
Mr. Hepburn: Well Frank has to answer the question. I don't have the
funding.
Vice Mayor Plummer: OK. Then give Frank the microphone.
80 July 11, 1991
Mr. Odio: I will... there is two hundred and ninety-eight thousand, two
_ hundred and sixty dollars on the mini UDAG (Urban Development Action Grant),
that's the target area project pool.
Vice Mayor Plummer: Right.
Mr. Odio: You could take it from there, but you are reducing the monies you
can lend out during the year.
Commissioner Alor.so: Is it legal to do it this way after we advertised, and
we went through a process?
Mr. Odio: I don't know.
Commissioner Alonso: Let's be certain that we are doing the right thing.
Mr. Odio: I don't know.
Mr. Castaneda: Commissioners, we might have to do a public hearing after this
to satisfy...
Commissioner Alonso: After the fact?
Commissioner Dawkins: No, before the fact.
Mr. Castaneda: Well, before the fact. What you are saying is, that it is
basically a motion of intent and we would have to come back - if that's what
you are saying.
Commissioner Dawkins: All the Commission is saying is, let's don't say we are
going to do this, and then you come back and tell us you can't do it.
Commissioner Alonso: Yes.
Commissioner Dawkins: And the people go out here thinking that we were going
to do it, and we can't do it. That's all that Commissioner Alonso is saying.
Mr. Odio: We have to have a public hearing.
Vice Mayor Plummer: That's fine. So have your public hearing.
Mr. Odio: Got you intention, and will come back with a public hearing.
Vice Mayor Plummer: That's it. I'll move item nine as presented and with...
a second motion you want, or will the... you don't need it?
Commissioner De Yurre: OK.
Commissioner Alonso: Then, we are not supposed to vote on this item.
Vice Mayor Plummer: No, nine...
Mayor Suarez: Yes. Because these funds are not going to be affective.
Mr. Odio: This one has not changed.
Commissioner Alonso: Are not going to be... and you will...
Vice Mayor Plummer: In affect. They are not affected.
Commissioner De Yurre: OK. So I understand that we are talking about that
aside from this vote we are going to take here today...
Mr. Odio: We will advertise for public hearing..
Commissioner De Yurre: ... you will advertise so that they can get an amount
equal to the amount that these individual... entities are getting.
Mr. Odio: The same as the others.
Mayor Suarez: From mini UDAG.
81 July ill 1991
11
Mr. Odio: For this particular target pool money.
Commissioner Alonso: Let me get this again, Mr. Manager.
Mr. Odio: Yes.
Commissioner Alonso: You said, the money will come from where?
Mr. Odio: I'll repeat it. From the target areas project pools. This is
money allocated to these target areas that when people come in apply for mini
loans, you can... mini UDAG...
Commissioner Alonso: And it will not affect in any way what we have here in
front of us, they will not be affected?
Mr. Odio: No.
Mayor Suarez: It's really not supposed to be used for operation. It is
supposed to be used for bricks and mortar, for loans, it's a mini UDAG program
but...
Mr. Odio: Yes. But, we will have a public hearing.
Mayor Suarez: They are doing a lot of bricks and mortar. Obviously, they are
doing some incredibly good projects. So, certainly if it...
Commissioner Alonso: The can use it for that. It will be no problem?
Mr. Odio: I am certain their application will meet the exact requirements of
CDBG funds to the mini UDAG. If not, they would...
Commissioner Alonso: OK. So we can continue with this item?
Vice Mayor Plummer: I move item nine, as...
Mayor Suarez: All right. So it doesn't affect item nine, and we are still
going to try to give additional funding to ABDA (Allapattah Business
Development Association). All right.
Vice Mayor Plummer: And when will that hearing be scheduled?
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Vice Mayor Plummer: Thank you, sir.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: We have a second on item nine.
Commissioner Alonso: Yes.
Mayor Suarez: If not? - further discussion. Call the roll.
82 July 11, 1991
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The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-514
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH SIX (6)
NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS (CODEC, INC., EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION, ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, TACOLCY ECONOMIC DEVELOPMENT
CORPORATION, FLORIDA HOUSING COOPERATIVE, INC. AND
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION),
FOR THE PURPOSE OF UNDERTAKING ACTIVITIES TO STIMULATE
THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES AND INDIVIDUALS; FURTHER
ALLOCATING A TOTAL OF FORTY-THREE THOUSAND TWO HUNDRED
SEVENTY DOLLARS ($43,270) EACH IN SEVENTEENTH (17TH)
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS
FOR THE PURPOSE OF PROVIDING SAID ADMINISTRATIVE
FUNDING GRANT TO THE AFOREMENTIONED COMMUNITY
DEVELOPMENT CORPORATIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mr. Odio: Let me.. just so that... to finalize that the tree cutting, the
trees were cut without a permit. And after the fact, they came and applied
for it.
Vice Mayor Plummer: Well, but, wait a minute. Now, under the DERM, it is my
understanding that if in fact they would not have received a permit to cut the
trees that they cut because it was not necessary in the footprint of their
building, they are responsible for restoring the trees which they cut down.
Is that correct?
Mr. Luis Prieto: That's correct, sir.
Vice Mayor Plummer: Now, what is the... you know, because let me tell you,
this has some overtones. What I am saying to you is, have you stopped the
project until they have replaced those trees?
Mr. Prieto: No, sir. We have not.
Vice Mayor Plummer: What guarantee do you have that they will? - because I am
told some of these trees were over a hundred years old.
Mr. Prieto: My understanding, and this is what my staff has told me. Is that
the trees that were cut were within the footprint of the building or the
parking lot as designed, and therefore, it was permissible to be cut.
Vice Mayor Plummer: Are they having to replace the trees, or not?
Mr. Prieto: No, sir. My understanding is, there is no replacement required
at this time.
83 July 11, 1991
Vice Mayor Plummer: And your understanding is, the footprint of the building
in no way, or it did affect the trees?
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: OK. Would you give me a memo... the Commission a memo to
that effect? Because the statement before the County Commission was the fact
that the trees that were cut did not affect the building.
Mr. Prieto: That's contrary to the information I got this morning.
Vice Mayor Plummer: OK. Just so to get the record clear.
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: But they did... were they fined for not taking out a
permi t?
Mr. Prieto: No, sir. We merely gave them a permit after the fact.
Mayor Suarez: Is this for the mini park?
Vice Mayor Plummer: This is for the daycare center up there.
Mayor Suarez: The daycare that is going to be in the mini park?
Commissioner Alonso: Did we charge them regular fee?
Mr. Prieto: I don't think we charge a fee usually for services of this kind.
Commissioner Alonso: We have done, to me.
Mayor Suarez: If Pat Keller, or any other Keller, or anybody else is worried
about certain trees being cut from a site, which apparently is a done deal,
right?
Vice Mayor Plummer: Oh, the trees are down.
Mr. Prieto: Yes.
Mayor Suarez: Right. And if there are some other places you can put some
trees, and if we have many agencies that want to donate trees to us, and if
that will ensure that Pat Keller will not come here as often and complain
about this little facility which really was kind of an eyesore, and now it's
going to be into a child care center, but somehow all of a sudden becomes a
great facility in her eyes, if we can add a few trees, you can try to do all
of that. It doesn't have any economic implications. It provides more shade,
it provides all the other good things that trees do and keeps Pat Keller
reasonably happy, that might be something you might want to try.
Mr. Prieto: Absolutely. In fact, we might proffer to her, she might indicate
to us where.
Mayor Suarez: Exactly. And we do have a lot of offers recently of different
forest agencies and so on to give us trees.
84 July 11, 1991
25. DIRECT CITY ATTORNEY TO PREPARE CHARTER AMENDMENT(S) FOR NOVEMBER 5,
1991 ELECTION, TO MODIFY PROCESS FOLLOWED IN IMPLEMENTING UNIFIED
DEVELOPMENT PROJECTS (UDP) AND IN HANDLING PROTESTS FILED BY AGGRIEVED
PARTIES IN REGARD TO SAID PROJECTS AND IN REGARD TO CONTEMPLATED SALE OR
LEASE OF CITY -OWNED PROPERTY.
-------------------------------------------------------------------------------
w
Mayor Suarez: Item 11 then. City Attorney, any complications, controversy on
this? Shall we just...? Does anybody have any questions on that? Are we
ready to vote on it? Do you recommend it, so we can just get it done?
Vice Mayor Plummer: Yes, what is the bottom line of what it accomplishes?
Mr. Herb Bailey: What it accomplishes, Commissioner, is that it gives us the
ability to accept one or more proposals from properties other than waterfront.
We need an adjustment of this type because for many of our inner-city RFPs
(request for proposals), we very seldom more than one proposal, and sometimes,
because of the three rule, the rule of having three proposals or more, we get
a lot of developers who will not bid because they don't want to go through the
risk of putting together an RFP and not getting three proposers. So, we felt
that we would not violate the most sensitive part of the charter when it comes
to waterfront properties, but on the other properties, we do need to have that
flexibility.
Vice Mayor Plummer: But isn't there also some flexibility at this point, if
you don't get three developers, it could be at a referendum?
Mr. Bailey: Well, a referendum, but the proposers don't want to do that
either. Very few want to go through that aggravation, or expense - they call
it aggravation, we don't.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, and the City Attorney, did we have a
public hearing on this?
Mr. Odio: No.
Commissioner Dawkins: We have not taken this to the public?
Mr. Odio: No, sir.
Commissioner Dawkins: You're going to do this without having talked, I mean,
any input from the citizens?
Mr. Odio: Well, you would have... if you approve this going to the ballot,
then you would have to inform them of what you are proposing.
Commissioner Dawkins: Have you had any input from the citizens telling them
what you are going to put on the ballot?
Mr. Odio: No, sir.
Commissioner Dawkins: OK. That's... Mr. City Attorney, are you recommending
this, sir?
Ms. Linda Kierson: It comes back...
Mr. Odio: Yes.
Commissioner Dawkins: No, the City Attorney, not Linda.
Ms. Kierson: Yes.
Commissioner Dawkins: I need the City Attorney.
Unidentified Speaker: She is the City Attorney.
85 July 11, 1991
Commissioner Dawkins: No, she isn't.
Mr. Fernandez: Yes, we are recommending this with a minor modification to the
last item within this proposal.
Commissioner Dawkins: OK. Now, Miss City Attorney, what is the modification,
please ma'am?
Mr. Fernandez: '"odification is then, in the last item where you have the
protest proceeding, that the committee that's being proposed made up of three
individuals, that no member of my staff be included in that committee. We are
the legal advisors to every committee and to every process that take place, we
don't want to be involved, or we should not rather be involved as a member
making any of the final determinations. We should be in an advising role
position.
Commissioner Dawkins: OK. Mr. Manager, why? - "Esperate," in a hurry.
Mr. Odio: I'm sorry.
Commissioner Dawkins: Page 2(b).
Mr. Odio: Yes.
Commissioner Dawkins: Now, I want you to read through this and explain it to
me.
Mr. Odio: Yes, sir.
Commissioner Dawkins: "Proposals submitted in response to the request for
proposals for such a UDP" (Unified Development Project) - and this is the part
I've got a problem now," need not to be the subject of an evaluation by a
certified public accountant on the question of whether the proposal provides a
return to the City a fair market value." Now, what does that say?
Mr. Odio: It says something I don't like. I'd like to defer this item. I
would like to defer this item.
Mayor Suarez: At this point, we are asking... we are directing the City
Attorney to begin drafting something that would be an amendment and would
presumably be on the September...?
Commissioner Alonso: November.
Mayor Suarez: November. Is there? - when we have the Manager back with us, I
mean, do we need to defer action on this, if we're going to have to consider
it again, formally approve it, put it on the ballot, and discuss it amply with
the taxpayers, I mean, the voters of Miami? Do you have sufficient
objections, Commissioner Dawkins, or... that we can't get him to start
drafting something at this point?
INAUDIBLE COMMENTS MADE INTO THE PUBLIC RECORD.
Ms. Kierson: We are to bring back the exact language July 25th.
Vice Mayor Plummer: Can I ask a question? Why is it you are putting some of
these on the September ballot and some of them on the November ballot? I
don't understand. I mean, it would seem like to me City issues should all be
on one ballot. I realize that the County is having...
Mayor Suarez: Probably timing, I guess.
Vice Mayor Plummer: ... an election in September...
Commissioner Alonso: Timing sometimes...
Vice Mayor Plummer: ... and we are having one in November, but it would seem
like whatever date you choose, you would put all of the City issues on one
ballot, rather than...
86 July 11, 1991
Mayor Suarez: We figured that this item is going to involve and require to
pass a huge number of voters - a high turn out. And we figured with you being
on the ballot in November, they are all going to turn out - one way or the
other, they are going to turn out.
Commissioner Alonso: No comment. You better listen to that...
Vice Mayor Plummer: To turn me in, or to turn me out?
Mayor Suarez: Just to turn you a little bit.
Commissioner Dawkins: Mr. Manager...
Mayor Suarez: The turn of the screw as the book says.
Commissioner Alonso: How long has he been here? - forty-five years?
Commissioner Dawkins: ... on page three, Mr. Manager, number 4(b) no, 4(a).
"Where a sale or lease of City -owned property including waterfront property is
contemplated, no favorable recommendation shall be made by the City Manager to
the City Commission where there is a return to the City of less than fair
market value." What does that mean?
Mr. Odio: It means that if we don't get a return for what is called fair
market value, we cannot recommend it.
Commissioner Dawkins: How will you determine what fair market value is at
that time?
Mr. Odio: Well, the only way that I know how, is that you get a professional
appraiser and he tells you, for the use, particular use, that you are going to
use that property for, what is the fair return to the City.
Commissioner Dawkins: Can the proposer also submit an appraisal? And if so,
will you take the two appraisals and divide them and come up with a number, or
are we going to go with? - I don't know.
Mr. Odio: The proposer will always have to pay for the appraisers.
Commissioner Dawkins: I mean, but see, we may say it's valued at 2 'X'
dollars...
Mr. Odio: Yes.
Commissioner Dawkins: ... the proposer goes and get an appraisal who says,
it's valued at 1 'X' dollars...
Mr. Odio: That's correct.
Commissioner Dawkins: Now, how are you going to resolve that difference?
Mr. Odio: Well, what we have in the past is, you go to middle average.
Commissioner Dawkins: So, we would take the two and average them out?
Mr. Odio: Yes, we have had... if there is a substantial deviation, then we
would have to request another appraiser.
Mr. Bailey: Under the charter, it says that the City shall get an appraisal,
and that is the one that is the determining factor. We get more than one in
certain situations, and we usually average out... with our own appraisals,
there is a difference. But in terms of the one that we are supposed to adhere
to, is the one that we get.
Mayor Suarez: Is there no situation presently in the charter where we can
recommend a UDP even though the fair market return is not expected?
Commissioner Dawkins: We have done it, Mr. Mayor.
Mayor Suarez: Oh! We have done it. And it's provided?
87 July 11, 1991
�71
Mr. Bailey: We didn't say you can't do it.
not recommend.
It said the City Manager would
Mayor Suarez: All right. Well, there are many cases where he doesn't
recommend something and we still do it, so.
Mr. Bailey: Well, you still have your prerogatives, we haven't taken that
from you.
Mr. Odio: I think we need to clarify the...
Mayor Suarez: Well, but, that could be done administratively, Mr. Manager,
between you and the City Attorney's office.
Mr. Odio: Yes. If I would... yes, but...
Mayor Suarez: Because I don't think we have to delay implementation of this
at this point.
Mr. Odio: No. OK.
Mayor Suarez: Since we are going to have to vote on it formally and then you
know...
Mr. Odio: Right. But, I will have to get with Jeff on page 2, the 1(b).
Mr. Bailey: If you want an explanation of page 2, I'll be glad to explain it
to you.
Mr. Odio: You're going to explain it now? OK.
Mr. Bailey: On the question.
Commissioner Dawkins: No.
Ms. Kierson: I'd like to explain 1(b) if I may. The reason why we had this
provision, is for those projects where the City of Miami will retain ownership
of the property. Those are turnkey projects where we are only contracting out
for construction and... design and construction.
Mayor Suarez: I got it.
Ms. Kierson: So there would not be a fair market...
Mayor Suarez: There is no fair return issue on those. All right.
Ms. Kierson: There is no fair returns. There was no need for a CPA
(Certified Public Accountant) to evaluate that. That's why that is written
there.
Mayor Suarez: And we don't want to complicate the matter.
Commissioner Dawkins: OK. That's fine, but it doesn't say that here. OK? I
mean, it doesn't say that here.
Ms. Kierson: Well, if I may explain, 1(a) deals with adding a new provision
under the UDP process. One and (b)... I mean, (a) and (b) are together. If
you read (a) and (b) you will see that those items are related to same...
Mayor Suarez: OK. Do you understand that for the direction that we are about
to give you, you must draft something for our ultimate approval, and then that
of the voters which clearly enunciates the policy that we get.
Vice Mayor Plummer: Well do it in... this is a draft.
Mayor Suarez: Right.
Commissioner Dawkins: We don't need anything on the ballot that's confusing.
OK?
Mayor Suarez: Yes. Anytime the voters see something that says, it won't be a
fair return, you know, that might confuse people.
88 July 11, 1991
Commissioner Dawkins: You see, because I lost out to Monty Trainer on that
deal, because I did not inform the populous of what they were voting for - and
that will not happen again.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK. We...
Vicc Mayor Plummer: I don't know why we need even a resolution to tell him to
draft something.
Mayor Suarez: Yes. I am not sure that we typically would need this, but it's
helpful to you, right? - so you know that you don't waste all this effort and
that we ultimately going to contemplate it.
Vice Mayor Plummer: I'll move it.
Mayor Suarez: All right. So moved.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK. Second, somebody please. Second. Any discussion? If
not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-515
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE
CHARTER AMENDMENT(S) FOR THE NOVEMBER 5, 1991
ELECTION, TO MODIFY THE PROCESS FOLLOWED IN
IMPLEMENTING UNIFIED DEVELOPMENT PROJECTS AND IN
HANDLING PROTESTS FILED BY AGGRIEVED PARTIES IN REGARD
TO SAID PROJECT AND IN REGARD TO CONTEMPLATED SALES OR
LEASES OF CITY -OWNED PROPERTY.
(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.
89 July 11, 1991
26. MANAGER RESPONDS TO PRIOR COMPLAINTS BY MANUEL GONZALEZ-GOENAGA
CONCERNING TOTAL NUMBER OF CITY AUDITORS.
-------------------------------------------------------------------------------
Mr. Odio: Mr. Mayor.
�s
Mayor Suarez: Yes.
Mr. Odio: A question was asked about how many internal auditors we had. We
s'
have six professional staff, and two are CPA's. All have met government
auditing standards, degrees in accounting, et cetera.
Mayor Suarez: We've got two CPA's, so, we're up one.
Vice Mayor Plummer: What time are we coming back?
jMayor
Suarez: Who is the other CPA besides yourself, Carlos?
1{
Mr. Odio: Carlos is not considered a CPA in this unit.
q
Mayor Suarez: All right. Who are the two CPA's?
x
Mr. Odio: You have their names?
Ms. Hattie Daniels: Two CPA's would be Rodney Chain, and Michael Rubin.
Commissioner Dawkins: Who?
Ms. Daniels: Mike Rubin, and Rodney Chain.
Mayor Suarez: OK.
Commissioner Dawkins: And what nationality are they?
Ms. Daniels: All Americans.
Mayor Suarez: Austrian and Hungarian.
k'
Commissioner Dawkins: Ma'am?
t
Ms. Daniels: All Americans.
i
Commissioner Dawkins: All of them are what?
s
Ms. Daniels: American.
r
Commissioner Dawkins: American -black, white, Latin, Chinese-American, Korean -
American, what?
Ms. Daniels: One Anglo... Mike Rubin would be white, and...
Commissioner Dawkins: No way.
Ms. Daniels: ... Rodney Chain is black.
Commissioner Dawkins: No way. I move this until they can come back with a
better mix.
Mayor Suarez: That was just a report back on how many auditors we've got.
Vice Mayor Plummer: Wait, wait, wait a minute. You're complaining about the
-
fact that there is one Anglo?
Commissioner Dawkins: Yes. There should be two.
Vice Mayor Plummer: Oh!
Mayor Suarez: Item twelve. Thank you for the reports.
90 July 11, 1991
Mr. Odio: Mr. Mayor.
Vice Mayor Plummer: Bless you, my son. Shoo! Wow!
Mayor Suarez: These kinds of things that happen at 11:58 in the morning,
right before lunch. It never happens otherwise.
Mr. Odio: We are ready - thirty-three.
Mayor Suarez: Yes. The blues bothers finally get their act together. Yes.
27. IMPLEMENT / SUPPLEMENT RESOLUTION 91-449, WHICH AUTHORIZED SALE AND
ISSUANCE OF $7,000,000 SANITARY SEWER SYSTEM BONDS, AND $3,000,000 FIRE
FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS - AWARD SALE TO
LEHMAN BROTHERS - APPROVE TERMS AND ESTABLISH INTEREST RATES.
Mr. Odio: Thirty-three, we are ready for the awarding of the selling of the
bonds.
Mayor Suarez: OK. You need that done at this point?
Mr. Odin: Yes, sir.
Vice Mayor Plummer: Who are you recommending, and at what percentage?
Mr. Carlos Garcia: We are recommending Lehman Brothers at an interest rate of
6.7. It is a very competitive...
Vice Mayor Plummer: So moved. Move the recommendation of the Finance
Department.
Mayor Suarez: OK, on thirty-three, the recommendation is moved. Second - the
lowest bidder which is a good thing, because when we sell bonds, we want the
lowest interest rate - 6.70 roughly. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-516
A RESOLUTION, WITH ATTACHMENT(S), OF THE CITY MIAMI,
FLORIDA, IMPLEMENTING AND SUPPLEMENTING RESOLUTION NO.
91-449 ADOPTED JUNE 20, 1991, OF THE CITY OF MIAMI,
FLORIDA, WHICH RESOLUTION AUTHORIZED THE SALE AND
ISSUANCE OF THE CITY OF MIAMI $7,000,000 SANITARY
SEWER SYSTEM BONDS AND $3,000,000 FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES BONDS; AWARDING THE
SALE THEREOF BASED ON BIDS SUBMITTED AT PUBLIC SALE,
AND APPROVING THE TERMS OF SUCH SALE; ESTABLISHING THE
INTEREST RATES FOR SUCH BONDS; MAKING CERTAIN
FINDINGS, REPRESENTATIONS AND COVENANTS WITH RESPECT
THERETO; PROVIDING AN EFFECTIVE DATE FOR THIS
RESOLUTION; AND PROVIDING CERTAIN OTHER DETAILS WITH
RESPECT THERETO.
(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:
91 July 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: George, you plan to say something?
Mr. George Knox: On item twelve.
Commissioner Dawkins: OK.
Vice Mayor Plummer: We're not going to get to twelve.
Commissioner Alonso: Oh, yes, we have to get to twelve.
------------------------------------------------------------------------------
28. DISCUSSION CONCERNING PROPOSED RESOLUTION CALLING FOR A SPECIAL
MUNICIPAL ELECTION (SEPTEMBER 3, 1991) TO SUBMIT TO THE ELECTORATE A
BALLOT QUESTION CONCERNING PROPOSAL FOR THE CITY TO ENTER INTO LEASE
AGREEMENT WITH BAYSIDE SEAFOOD RESTAURANT AND BREWPUB PARTNERSHIP TO
OPERATE A RESTAURANT, BREWERY AND MARINE -RELATED FACILITY ON CITY -OWNED
WATERFRONT PROPERTY ADJACENT TO MIAMI MARINE STADIUM (VIRGINIA KEY BASIN
PROPERTY) (See label 30).
-------------------------------------------------------------------------------
Mayor Suarez: Item 12.
Vice Mayor Plummer: What time are we coming back?
Mayor Sua-ez: I think we are scheduled to come back at... if... I think we
are going to come back - what are we scheduled for, Aurelio, or somebody help?
Commissioner Alonso: What time?
Mayor Suarez: Two o'clock. Two p.m. we are scheduled for.
Vice Mayor Plummer: More or less. Mas o menos.
Mayor Suarez: So, we can shoot for two, unless you have another request.
Mr. Odio: Two p.m.
Commissioner Alonso: Let's move twelve.
Mayor Suarez: All right. On item 12, does anybody have any problem with that
on twelve? It's been moved by Commissioner Alonso. We have a second?
Mr. Odio: Mr. Mayor, just a caveat. We recommend this and just so you
understand that after it goes to the voters to be approved, they would have to
come in with a financial package that meets all the qualifications.
Mayor Suarez: OK. So moved and seconded. Any discussion? If not, please
call the roll.
Ms. Kierson. Yes, please. There are two separate...
Mayor Suarez: Yes.
Ms. Kierson: ... resolutions here please. First one, is the reso approving
the proposed lease agreement, that will be 12(a)...
Mayor Suarez: OK.
92 July 11, 1991
Ms. Kierson: ... so
would please
take a
vote
on that one.
Vice Mayor Plummer:
I don't have
a 12(a)
and
12(b).
Commissioner Alonso: She just gave it to you.
Ms. Kierson: Yes, you do.
Vice Mayor Plummer: What?
Commissioner Alonso: This is... 12(a) is the...
Commissioner De Yurre: Is this that's being handed to us right now?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: No. Wait, wait, wait.
Ms. Kierson: You had... if I may, if I may. You received in your agenda
packet, a proposed lease agreement. We are providing to you now, a modified
version of that with very minor changes.
Commissioner Alonso: Like what?
Ms. Kierson: I can...
Ms. Matty Hirai: I don't have mine.
Ms. Kierson: On page...
Vice Mayor Plummer: Wait a minute. I am concerned about a 12(a) and a 12(b)
that's not on an agenda.
Commissioner Alonso: Yes, it is - here.
Vice Mayor Plummer: No, it's not. Here is my agenda.
Commissioner Alonso: Oh! The agenda? - right.
Vice Mayor Plummer: Now, you know, I don't want nobody coming back here after
the fact saying that this Commission was deceiving someone, that there was
only a 12, and now you are talking about a 12(a) and a 12(b).
Ms. Kierson: In your agenda packet, you received the resolution
authorizing...
Vice Mayor Plummer: The public does not receive my agenda packet.
Ms. Kierson: In that resolution however, was a reference to the approval to
the lease agreement. What we have done to further clarify that, is to have an
actual resolution approving that lease agreement. There was a reference to it
in your agenda packet as far as the approval was concerned. But it makes it
clearer now for the public to understand that first, the City Commission
approves the lease and then it's placed on the ballot.
Vice Mayor Plummer: But, that's not the item before us?
Ms. Kierson: Yes, it is the item before you.
Vice Mayor Plummer: This here, is merely to put it on the ballot. It's not
to approve the lease. Am I correct?
Mayor Suarez: Yes, we've dealt with the items three or four times.
Commissioner Alonso: Yes, it says...
Vice Mayor Plummer: But, excuse me.
Commissioner Alonso: ... for the approval or disapproval of Cities entering
into a lease agreement.
Mayor Suarez: Right.
93 July 11, 1991
Vice Mayor Plummer: But we've not done the lease and they are asking us to
approve the lease today.
Mr. Odio: Well, I guess, let me see. I guess what she is saying is, do you
agree with the lease we are going to put in front of the voters.
Commissioner De Yurre: No. You're saying... you're recommending...
Vice Mayor Plummer: It doesn't make sense to me that you would ask us to
approve a lease today, and then go to the public and add in an refe,,endum.
Commissioner Dawkins: Especially when you tell me that they have got to come
back with a complete financial package. You're double talking.
Vice Mayor Plummer: It would seem like to me, if the public approves it.
Then that tells us that they have no objections and we then sit down...
Mr. Odio: Fine.
Vice Mayor Plummer: ... with the lease and approve it.
Ms. Hirai: That's right.
Mr. Odio: Place it as is. I have'no problem with that.
Vice Mayor Plummer: Well, but that's not what it says here.
Commissioner Alonso: But we do have problems with it.
Ms. Kierson: You can modify it, yes.
Mr. Odio: Yes, you can. He can do what he just said.
Ms. Kierson: Yes, I am saying, we can.
Commissioner Alonso: We better it after lunch.
Vice Mayor Plummer: It's the cart before the horse.
Ms. Kierson: Fine.
Mayor Suarez: You want to... George, you want to try after lunch. They don't
sound like they're of a mind and a degree of patience to be able to...
Commissioner Alonso: After lunch, so every one understands what is happening.
Mr. Odio: But really, what we should do is exactly what Commissioner Plummer
said. Just place it on the ballot as it reads. If the voters approve, we can
always increase it upwards.
Vice Mayor Plummer: Of course.
Commissioner De Yurre: Not lower?
Mr. Odio: Not lower.
Commissioner De Yurre: That's fine.
Mr. Odio: And subject to a good financial package being presented.
Commissioner De Yurre: That's fine.
Ms. Kierson: I have no problems.
Mayor Suarez: Now, Madam City Attorney and Mr. Manager, hoping you guys have
your act together now. Does this make sense to take up at 2:00 p.m?
Mr. Odio: You can do it now, I think.
Mr. George Knox: With that clarification... just for the record, Mr. Mayor.
My name is George Knox, I am an attorney with office at 25 W Flagler Street,
and I represent...
94 July 11, 1991
Vice Mayor Plummer: Are you a registered lobbyist?
Mr. Knox: ... Bayside Seafood Restaurant and Brewpub Partnership, and we
would certainly concur with the procedure just suggested.
Vice Mayor Plummer: Are you a registered lobbyist?
Mr. Knox: No, sir. I am an attorney.
Vice Mayor Plummer: One of the same, but I don't know which one is better.
No, I am asking, George, for the record.
Mr. Knox: Yes, sir.
Vice Mayor Plummer: Thank you.
Mayor Suarez: But you filled out the form, is what he means. It is the form
over substance here. Don't think they were actually delving into the
substance of this, just the form. Did you fill out the form?
Mr. Knox: No, we have not completed the form.
Mayor Suarez: Make sure you fill out the form before you make your
presentation.
Mr. Knox: I will.
Mayor Suarez: And I guess we better do it at 2:00 p.m. then, unless
somebody...
Commissioner Alonso: Yes.
Mayor Suarez: All right, we are adjourned until 2:00...
29. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF CHARLES
WHITED.
------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, wait, wait, wait.
Mayor Suarez: Yes.
Vice Mayor Plummer: Before we adjourn. You know, it behooves this
Commission, in the passing of Charlie Whited, who I've got to tell you, is a
one nice guy...
Commissioner Alonso: Indeed.
Vice Mayor Plummer: ... and I've got to tell you that I had my disagreements
with some of his columns, but let me tell you, he was of the essence that said
that, reasonable people can disagree, but they don't have to be disagreeable.
And I think it behooves this Commission to form a resolution to send to his
family, that we will miss him, and we will miss his column, and we are very,
very sorry at his passing. And I so move that resolution.
Commissioner Alonso: Second, definitely.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
95 July 11, 1991
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The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-517
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CI'iY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF CHARLES WHITED, UPON HIS UNTIMELY DEATH.
(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.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:05 P.M. AND RECONVENED AT 2:11 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
--- ---------------------------------------------------------------------------
30. (Continued Discussion) CALL SPECIAL MUNICIPAL ELECTION SEPTEMBER 3,
1991 - SUBMIT TO ELECTORATE BALLOT QUESTION CONCERNING PROPOSAL FOR THE
CITY TO ENTER INTO LEASE AGREEMENT WITH BAYSIDE SEAFOOD RESTAURANT AND
BREWPUB PARTNERSHIP TO OPERATE A RESTAURANT, BREWERY AND MARINE -RELATED
FACILITY ON CITY -OWNED WATERFRONT PROPERTY ADJACENT TO MIAMI MARINE
STADIUM (VIRGINIA KEY BASIN PROPERTY), WITH CONDITIONS (See label 28).
------------------------------------------------------------------------------
Mayor Suarez: George, I don't know if you had any time, or your clients, or
your principals, to brief any of the Commissioners to come up with a little
bit simpler formula, what exactly we are expected to do between our last
discussion at twelve o'clock and now. I have no problem with this item. If
any Commissioner does, or if you want to give us some presentation that might
lead some of them to resolve their concerns, we can move on it.
Vice Mayor Plummer: Mr. Mayor, the only question that I had and still have,
is maybe, eliminated by the virtue of the fact of not having to approve the
lease prior to the vote - we then are back to one item, and not a 12(a) and
(b) as was referred to before. And if that in fact is the case, I can vote on
that because it is not us who will be making the decision, it is the voters
who will be making the decision. And if they come back with an affirmative
vote, then we will negotiate out the lease and sign the lease. So...
Mayor Suarez: All right. Can somebody frame that in legal terms and
hopefully, we can get a favorable vote, or some kind of vote and move on it?
Does it make sense legally?
Ms. Kierson: Yes. What you will do today is approve the placement of the
item on the ballot. After the voters approve a...
Mayor Suarez: With the parameters that we have been discussing in other
Commission meetings, et cetera?
Ms. Kierson: Yes. We have to have certain minimum requirements the voters
will have to approve. Term...
96 July 11, 1991
Mayor Suarez: Right. And that presumably, are agreeable to this Commission
by policy, that we have set on it.
Ms. Kierson: That's correct.
Mayor Suarez: All right.
Ms. Kierson: The term, the minimum guarantee and things like that, we have to
give to the voters to decide upon. Once they have done that, we can then sit
down and fully negotiate the contract to be brought back to you again, for
final approval of the City Commission.
Commissioner Dawkins: I'm lost, Mr. Mayor. The voters approve minimum
guarantee?
Vice Mayor Plummer: Yes.
Ms. Kierson: That's established by the City Commission.
Vice Mayor Plummer: As I recall, it's two hundred thousand.
Ms. Kierson: That's correct.
Commissioner Dawkins: Say what, J.L.?
Vice Mayor Plummer: In this agenda item, it shows a minimum guarantee of two
hundred thousand. Now, the Manager could conceivably negotiate more...
Mr. Odio: But, not now.
Vice Mayor Plummer: ... but he can't negotiate less.
Ms. Kierson: Right. That's correct.
Mr. Odio: Let me... maybe, this would help. But, what it says here is that,
they would have to make a capital investment... an equipment investment of no
less than two million dollars.
Vice Mayor Plummer: Well what you've done, Mr. Manager, and what I understand
this is, you have set minimum standards.
Mr. Odio: Minimum standards.
Vice Mayor Plummer: It doesn't mean you can't negotiate something hopefully,
better.
Mr. Odio: But you have to place it the...
Vice Mayor Plummer: But, it's got to be this, or better.
Mr. Odio: Right. What you see. You have to place it in the ballot, so that
people will understand what the...
Commissioner Dawkins: OK. But, how can you negotiate something better when
you've already got the proposal back and you are saying to the proposer, we
are going with what you have if the voters say, OK. Now, what are you telling
me? I mean, you all...
Mr. Odio: I can live with this deal as it is.
Vice Mayor Plummer: They are saying OK, to the minimum.
Commissioner Dawkins: Beg pardon?
Mr. Odio: Let me explain. We can live with the deal as it is.
Commissioner Dawkins: I don't want to know what you can live with. I want to
know what you are telling me.
Mr. Odio: What we are telling you, Commissioner, is, that once the voters
approve it, you can negotiate up, but not down - if you so wish to do.
97 July 11, 1991
11W
Commissioner Dawkins: And why would the proposer go through this with us... I
mean, this is unfair to the proposer.
Mr. Odio: I'm not saying that we would...
Commissioner Dawkins: Telling me... telling him now that, hey, I mean,
fooling him... I mean, fooling the public that you are going to go upwards,
knowing good and well the person will be out of their minds...
Mr. Odio: I guess, what we are doing...
Commissioner Dawkins: to negotiate something upward for what you have
already promised, and the voters have agreed to - come on.
Mr. Odio: I think we might be giving too... what we are trying to... well,
I'll tell you, it's a technicality, Commissioner. That doesn't mean we are
going to do it. It means that the...
Commissioner Dawkins: You have to do it to be fair to the proposer. You
can't tell this gentleman who is going through all this trouble, that we are
going to go through a charade with the voters, but we are going to still come
back and let you have it for what you have it for. If that's what it is, say
that. But don't... I mean, I can't go before the voters with something that's
false. I know, if I were the proposer and you tell me about going upwards,
and I've already come in and laid my cards out to you on the table and said,
this is what I am going to do, and you tell me to go tap, I couldn't do it.
It's unfair.
Ms. Kierson: Well, Commissioner, you can decide today. You can decide today
to establish...
Commissioner Dawkins: I can't sure decide nothing. You people can decide to
tell me what to do.
Ms. Kierson: That's what we are trying to do.
Commissioner Dawkins: That's what we pay you all for - to advise us. Now you
all advise me what to do now.
Mr. Odio: OK. I...
Ms. Kierson: Well, we are telling you, you have two options. You can decide
today to establish as the requirements for this lease agreement, the minimum
guarantee of twenty thousand dollars ($20,000) the investment of two million
dollars ($2,000,000) the lease term of twenty years - and that will be it.
Then that will not be subject to any further negotiation. That's fine. Or,
you could also...
Vice Mayor Plummer: No. That's an option, it's not fine. And I don't agree
with that, and I'll tell you why later.
Mr. Odio: It's up to you.
Vice Mayor Plummer: I understand, but she said that was an option, and that's
fine. I am saying, it's not fine. Can I, Mr. Dawkins, if I may. For
example, let me tell you what could happen and has happened in the past. This
calls for a capital investment of two million dollars ($2,000,000). Let's say
for example, at the time the proposer wants to make an investment of three
million dollars ($3,000,000) - he want's to add something. Under this, if you
go with specific numbers, you can't change without going back to the voters.
Whereas, if you put two million as a minimum figure and he wishes to add to us
three million, then you can negotiate out, and it's a give and take. I think
this gives the latitude where if you are specific, you don't have that
opportunity. And I think the proposer is well aware of that and that's why
they are agreeable to it.
Commissioner Dawkins: You know, I would be remiss if I were to sit here and
let people think that we don't know that. That if the proposer should decide,
even after all that we go through, that he, she, or whatever, decided to spend
five million over the two million, that this Commission would argue with it.
I mean, you know, it's... I mean, it just doesn't make sense.
98 July 11, 1991
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Vice Mayor Plummer: No, sir. You are not listening to me.
Commissioner Dawkins: Yes, I am.
Vice Mayor Plummer: OK. I would be most agreeable if that proposer came in
and wanted to spend additional money in capital to possibly reduce the minimum
annual guaranteed rent. OK?
Commissioner Dawkins: Oh! Well, now I see what you are saying. Now, you...
Vice Mayor Plummer: But, you can't do...
Ms. Kierson: No, you can't do that.
Vice Mayor Plummer: ... you don't have that latitude if you are specific. I
am saying, let them do it knowing that this is the bottom line, then send it
to the Manager for final negotiations, but give him some latitude, is what I
am saying.
Commissioner Dawkins: All right. Then, you put that in the referendum that,
the proposer can reduce the minimum rent by more capital investment.
Ms. Kierson: No. You can't do that.
Vice Mayor Plummer: You can't.
Commissioner Dawkins: Well then... that's what J.L., just said.
Ms. Kierson: Well, I disagree with the Commissioner about that. You can't
reduce the minimum.
Vice Mayor Plummer: I'm saying, give them... what I am saying is give them
negotiating tools, is what I am saying. If you lock the door, it's that or
nothing.
Mr. Knox: If I may, Mr. Mayor, and members of the Commission. Again, I am
George Knox, an attorney with offices at 25 W Flagler Street.
Vice Mayor Plummer: I thought you were a lobbyist.
Mr. Knox: I have satisfied the requirement of your code of ordinances
regarding certain registration requirements.
Vice Mayor Plummer: On behalf of the internal revenue, we thank you.
Mr. Knox: I just like to point out, on behalf of the proposers, that the
language of the resolution and the ballot ianguGge contain certain essentials
ingredients, how much and how long, as a minimum. And I call your attention
again to the title of the resolution which says that, the proposer shall spend
no less than two million dollars ($2,000,000) on capital improvements, and
shall guarantee a minimum of $200,000 per annum as a minimum rent. And we
understand that these are floors, if you will, and if circumstances arise and
we absolutely have confidence in, and depend upon the good faith of the City
and negotiations, that, of course, we understand, that is subject to final
approval of all of the final terms at the time that the matter comes back
after the voters have approved it.
Vice Mayor Plummer: Hopefully approved it. I'm ready to move item 12, Mr.
Mayor.
Mayor Suarez: Please, anyone with any kind of formula that makes sense to
try.
Commissioner De Yurre: What's the motion?
Mayor Suarez: What's the motion?
Vice Mayor Plummer: Motion is to approve item 12.
Mayor Suarez: So moved. As in the agenda packet.
99 July 11, 1991
El
Ms. Kierson: As it was presented in the original agenda.
Vice Mayor Plummer: Well, amended out that the lease would be negotiated
after, not approved today.
Ms. Kierson: Right, exactly. In the original agenda.
Vice Mayor Plummer: Yes.
Mayor Suarez: With the constraints that have been expressed and we keep the
whole thing legal obviously.
Vice Mayor Plummer: Of course.
Mayor Suarez: All right, so moved.
Commissioner Alonso: So the motion is to approve as presented to us.
Vice Mayor Plummer: No, as a modified. Item 12, as presented to us, modified
that the lease will not have to be approved prior to the vote.
Commissioner Alonso: My understanding was when I got the package, that was
the way it was going to be. Right? OK, fine.
Ms. Kierson: No, it wasn't. Let me correct you on that, because when you
originally received it, it was assumed that you were going to approve the
lease today. So Commissioner Plummer is correct that it's the original
subject to...
Commissioner Alonso: Well, according to my package, unless mine is different
to the rest, it was not so.
Commissioner Dawkins: Well, why would you ... Why was that an assumption?
Commissioner Alonso: I never had that, I don't know.
Vice Mayor Plummer: OK...
Commissioner Dawkins: I mean, I'm asking...
Commissioner Alonso: Yes?
Commissioner Dawkins: No, I'm asking the City Attorney. Why was that an
assumption?
Ms. Kierson: Because pursuant to the resolution 91-276, we were asked to
bring back to you the negotiated agreement. We have been negotiating with the
proposer for the past two months. We have before... I'm sorry? We presented
to you a document that had been negotiated with the proposer.
Vice Mayor Plummer: No, under...
Commissioner Dawkins: See, you know, no, no, no, no.
Mr. Knox: No, but the essential ingredients...
Vice Mayor Plummer: Understand, my motion is predicated on the item on the
agenda. OK?
Commissioner Dawkins: OK, that's... All right, let's move the item on the
agenda, and if anything...
Vice Mayor Plummer: That's what my motion was made on.
Commissioner Dawkins: ...if there's anything else of discussion, let's bring
it back.
Vice Mayor Plummer: No.
Commissioner Dawkins: See?
Vice Mayor Plummer: As modified.
100 July 11, 1991
*A 44
Mr. Odio: Bring then...
Commissioner Dawkins: All right, now, that means there is no 12a and 12b,
12c, and d.
Mr. Odio: If the voters...
Ms. Kierson: Right.
Vice Mayor Plummer: That's it, forget it.
Mr. Odio: Commissioner, if the voters approve this, we will bring back to you
a negotiated lease, and a financial package that is correct.
Commissioner Alonso: Fine.
Mayor Suarez: Within the parameters of what is put in ballot question,
obviously.
Vice Mayor Plummer: Of course.
Mayor Suarez: All right...
Commissioner De Yurre: All right, I'll second. I'll second the motion.
Commissioner Alonso: I hope so.
Vice Mayor Plummer: Yes.
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. 91-518
A RESOLUTION, WITH ATTACHMENT, CALLING AND PROVIDING
FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD SEPTEMBER
3, 1991, FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED ELECTORS OF THE CITY OF MIAMI, FLORIDA, FOR
THEIR APPROVAL OR DISAPPROVAL OF THE CITY'S ENTERING
INTO A LEASE AGREEMENT WITH BAYSIDE SEAFOOD RESTAURANT
AND BREWPUB PARTNERSHIP TO OPERATE A RESTAURANT,
BREWERY AND MARINE -RELATED RETAIL FACILITY ON CITY -
OWNED WATERFRONT PROPERTY OF APPROXIMATELY 2.88 ACRES
LOCATED ADJACENT TO AND IMMEDIATELY WEST OF MIAMI
MARINE STADIUM ON THE SOUTHERLY SHORELINE OF THE
MARINE STADIUM ON THE SOUTHERLY SHORELINE OF THE
MARINE STADIUM BASIN, MIAMI, FLORIDA, MORE COMMONLY
KNOWN AS THE "VIRGINIA KEY BASIN PROPERTY", SUBJECT TO
BAYSIDE SEAFOOD RESTAURANT AND BREWPUB PARTNERSHIP
MAKING A CAPITAL AND EQUIPMENT INVESTMENT OF NO LESS
THAN $2 MILLION AND PAYING TO THE CITY A MINIMUM
ANNUAL RENT OF $200,000 PER YEAR FOR A TERM NO LONGER
THAN 20 YEARS WITH AN OPTION TO RENEW SAID LEASE FOR
TWO ADDITIONAL TERMS OF FIVE YEARS EACH AND SUBJECT TO
SUCH ADDITIONAL REQUIREMENTS, IF ANY, AS MAY BE
DETERMINED BY THE CITY COMMISSION; DESIGNATING AND
APPOINTING THE CITY CLERK AS THE OFFICIAL
REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO
THE USE OF VOTER REGISTRATION BOOKS AND RECORDS;
FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED
COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE
SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY,
FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF
SUCH SPECIAL MUNICIPAL ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
101 July 11, 1991
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11
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROIL CALL:
Commissioner Dawkins: And, Mr. Manager, this fulfills ... I'm sorry...
Mayor Suarez: Do you want to wait for the roil call?
Commissioner Dawkins: No, I'm getting ready to vote yes or no.
Mayor Suarez: Do you want to add something to it in connection with....
Commissioner Dawkins: No.
Mayor Suarez: Go ahead, finish the roil call, please.
Commissioner Dawkins: I didn't vote nothing. I was trying to get
clarification.
Ms. Hirai: Oh, I'm sorry, I misunderstood.
Mayor Suarez: Clarification midst of the roil call, please. Go ahead.
Commissioner Dawkins: Thank you. All right, Mr. Manager. Everything we told
you to do with this was done.
Vice Mayor Plummer: What's he speaking to?
Mr. Odio: Yes...
Commissioner Dawkins: OK, I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Knox: Thank you very much.
------------------------------------------------------------------------------
31. APPROVE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL INSPECTION SERVICES
REQUIRED DURING CONSTRUCTION OF FEDERAL LAW ENFORCEMENT BUILDING -
AUTHORIZE MANAGER TO EXECUTE NEGOTIATED AGREEMENT, SUBJECT TO APPROVAL
OF FEE BY U.S. GENERAL SERVICES ADMINISTRATION (Project 311014: Federal
Law Enforcement Building).
Mayor Suarez: Item 13. What do we need to do on thirteen?
Vice Mayor Plummer: Is this the same federal law enforcement building that
the judge said that we had to... I got a great idea, Mr. Mayor. I think this
new federal building would be a great place to eliminate the problems under
395. Let them see first hand.
Mayor Suarez: Having considered and disposed of that idea in five seconds,
let us move on to item 13.
Vice Mayor Plummer: I don't think... Just so that we understand and we don't
get ourselves in a problem as the school board got themselves in a problem,
Mr. Manager, is this a local company? -item 13.
Commissioner Dawkins: Thirteen? What is thirteen?
102 July 11, 1991
Unidentified Speaker: If they're not going to move it ttoday...
Mr. Odio: Is this a local company? Is this a local company?
Vice Mayor Plummer: School board shows the professional inspection team from
out-of-town, and it cost them a very pretty penny to wind up having to select
another firm.
Mr. Odio: If they don't approve it today, we're meeting the requirements that
they...
Unidentified Speaker: That's right, because then we can bring it back after
the vote, and...
Mr. Odio: Excuse me a minute. I can't talk to two people.
Vice Mayor Plummer: Item 13 is the company that is recommended, or have you
recommended or are you just to negotiate? Is it a local company who has an
office here seeing as how we're talking about a $30,000,000 project?
Mr. Herb Bailey: I'm sorry, Commissioner, I missed the question. We're
recommending that you give the Manager the authority to negotiate the price.
Vice Mayor Plummer: Is it the intent of the Manager in approving a qualified
firm, to use a local firm who has an office and will be on site?
Mr. Bailey: Right. That is correct.
Vice Mayor Plummer: Benefiting by the mistakes of the school board who chose
an out-of-town firm...
Mr. Bailey: This is a local firm.
Vice Mayor Plummer: Who they wound up finding cost them an extreme amount of
money, and then finally chose a local firm.
Mr. Bailey: We have a local...
Commissioner Dawkins: Where is this office... Where is the office of this
firm?
Mr. Bailey: You got an address there?
Vice Mayor Plummer: I'm assuming it's a number of firms.
Commissioner Dawkins: No, it's only one firm they're recommending, a lady.
Mr. Bailey: No, we...
Vice Mayor Plummer: There's no name here that I see on my item.
Commissioner Dawkins: Well, get your backup. There's some names in the
backup.
Vice Mayor Plummer: It says the most qualified firm.
Commissioner Dawkins: Well, they got some names in the backup. Get your
backup.
Vice Mayor Plummer: Is there more than one?
Commissioner Dawkins: Yes.
Commissioner Alonso: Three.
Vice Mayor Plummer: OK.
Commissioner Alonso: Three.
Commissioner Dawkins: There you are, there you are, three. And the lady,
they're recommending the top one. The lady... Jacquelyn B. Pepper
Associates. Where are they located?
103 July 11, 1991
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Unidentified Speaker: They're a local firm. I don't have the address.
Vice Mayor Plummer: That's fine with me. As long as they're local...
Mr. Bailey: They're a local firm, and the reason...
Vice Mayor Plummer: ...that's all that I'm concerned about, because to the
dismay of the school board, they found out having an out-of-town firm cost
them a lot of money.
Commissioner Alonso: We always request the address. Are they here?
Mr. Bailey: No.
Vice Mayor Plummer: Now, this is all part and parcel of the money that they
will guarantee repayment to the City.
Mr. Bailey: This all comes from the federal government funds. We will make
the selection after the federal government has agreed to the terms and the
A' amount. And the reason you have those three firms is to make sure that we can
get the best possible price.
Vice Mayor Plummer: Has the feds themselves put their seal of approval on the
firm?
Mr. Bailey: Yes, they were a part of the process.
Vice Mayor Plummer: Fine. I'll move it.
Commissioner De Yurre: Second.
Mayor Suarez: So moved and seconded. Any further discussion? If not, please
call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-519
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE MOST
QUALIFIED FIRMS TO PROVIDE PROFESSIONAL INSPECTION
SERVICES REQUIRED DURING CONSTRUCTION OF THE FEDERAL
LAW ENFORCEMENT BUILDING IN ACCORDANCE WITH CHAPTER
553 OF THE FLORIDA STATUTES RELATING TO THRESHOLD
BUILDINGS; AUTHORIZING THE C-TY MANAGER TO NEGOTIATE
WITH THE MOST QUALIFIED FIRMS TO ARRIVE AT A CONTRACT
WHICH IS FAIR, COMPETITIVE AND REASONABLE; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT
SUBJECT TO APPROVAL OF THE FEE BY THE U.S. GENERAL
SERVICES ADMINISTRATION AND THE CITY MANAGER; AND
AUTHORIZING COMPENSATION FOR THE REQUIRED PROFESSIONAL
INSPECTION SERVICES FOR THE PERIOD COMMENCING UPON
EXECUTION OF SAID AGREEMENT AND TERMINATING UPON
COMPLETION OF PROFESSIONAL SERVICES FROM FUNDS
AVAILABLE IN CAPITAL PROJECT NO. 311014 ENTITLED
"FEDERAL LAW ENFORCEMENT BUILDING."
(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:
104 July 11, 1991
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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.
-----------------------------------------------
32. AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO
ESTABLISH PROPOSED MILLAGE RATE OF .5 MILLS FOR THE DOWNTOWN DEVELOPMENT
DISTRICT FOR FISCAL YEAR OCTOBER 1, 1991 - SEPTEMBER 30, 1992.
------------------------------------------------------------------------------
Mayor Suarez: Fifteen.
Vice Mayor Plummer: Can I reduce it to point one?
Commissioner Alonso: Yes.
Mayor Suarez: You get less money from the owners of the big bad buildings in
downtown.
Vice Mayor Plummer: Are we reducing it to point one? Is that motion in
order? When are we making the appointments to the DDA?
Mr. Matthew Schwartz: September.
Vice Mayor Plummer: Why?
Mr. Schwartz: Because the board of the DDA is going to be... the next meeting
is the 19th and they would be approving...
Vice Mayor Plummer: The 19th of what?
Mr. Schwartz: July.
Vice Mayor Plummer: Do I not have two vacancies on that board?
Mr. Schwartz: I believe you have one.
Vice Mayor Plummer: I have two. OK? We'll argue about one or two. Why are
you putting it off till September to make the appointments when I know who I
want? You have vacancies and keep hearing that you don't have the full board
to make decisions, and somebody is going to come back and criticize me for not
making my appointments.
Mayor Suarez: Do we first hear from the board or first from us?
Mr. Schwartz: First from the board, but we could bring it back on the 25th if
that's...
Mayor Suarez: Oh, we could have a special session in August for these
appointments.
Vice Mayor Plummer: You got a big mouth.
Mayor Suarez: Well, it's July when they're going to make the recommendations?
Vice Mayor Plummer: Well, you'll have your recommendations for us...
Mayor Schwartz: You and Commissioner Dawkins can meet, and you can have my
proxy, whoever you want to appoint and mid August would work out real well.
Vice Mayor Plummer: Will you have it ready for the 25th meeting to make the
appointments?
Mayor Suarez: There we go, we'll go for that.
105 July 11, 1991
Mr. Schwartz: Yes, sir.
Vice Mayor Plummer: Thank you.
Mayor Suarez: I'll entertain a motion on the...
Vice Mayor Plummer: Based on that, I'll give them the half a mill and move
fifteen.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Of course we...
Mayor Suarez: Moved.
Commissioner Alonso: I so move.
Mayor Suarez: Thank you, seconded. Any discussion?
Vice Mayor Plummer: Oh, OK.
Mayor Suarez: If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-520
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH
A PROPOSED
MILLAGE RATE OF .5 MILLS FOR THE DOWNTOWN
DEVELOPMENT
DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR
THE FISCAL
YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER
30, 1992.
(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.
106 July 11, 1991
r]
El
33. ISSUE $1,600,000 HEALTH FACILITIES AUTHORITY HEALTH FACILITY REVENUE
BONDS, SERIES 1991 (PASSAGEWAY RESIDENCE OF DADE COUNTY PROJECT) -
APPROVE MINUTES OF PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT TO TAX
EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982.
------------------------------------------------------------------------------
Vice Mayor Plummer: Move 16.
Mayor Suarez: Sixteen.
Commissioner Dawkins: At no cost to the citizens of the City of Miami.
Vice Mayor Plummer: That is correct.
Commissioner Dawkins: I second.
Mayor Suarez: Moved and seconded. Any discussion on sixteen? If not, please
call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-521
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE ISSUANCE
OF NOT TO EXCEED $1,600,000 CITY OF MIAMI, FLORIDA
HEALTH FACILITIES AUTHORITY HEALTH FACILITY REVENUE
BONDS, SERIES 1991 (PASSAGEWAY RESIDENCE OF DADE
COUNTY PROJECT), FOR THE PURPOSES OF SECTION 147(F) OF
THE INTERNAL REVENUE CODE OF 1986, AS AMENDED;
APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY
THE AUTHORITY PURSUANT TO THE TAX EQUITY AND FISCAL
RESPONSIBILITY ACT OF 1982; AND PROVIDING AN EFFECTIVE
DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
107 July 11, 1991
El
Ej
34. EXECUTE AGREEMENT WITH PUBLIC HEALTH TRUST OF DADE COUNTY (WHICH
OPERATES JACKSON MEMORIAL HOSPITAL), FOR COORDINATION OF EMERGENCY
MEDICAL SERVICES PROVIDED BY RESCUE DIVISION OF MIAMI FIRE, RESCUE, AND
INSPECTION SERVICES DEPARTMENT.
Mayor Suarez: Item 17.
Vice Mayor Plummer: Move 17.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion on 17? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-522
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE PUBLIC HEALTH TRUST OF DADE
COUNTY, FLORIDA, WHICH OPERATES JACKSON MEMORIAL
HOSPITAL, FOR THE COORDINATION OF EMERGENCY MEDICAL.
SERVICES PROVIDED BY THE RESCUE DIVISION OF THE CITY
OF MIAMI FIRE, RESCUE, AND INSPECTION SERVICES
DEPARTMENT, FOR A PERIOD OF TWO (2) FISCAL YEARS,
1991/92 AND 1992/93, WITH AN ANNUAL COMPENSATION OF
$58,560 FOR THE FIRST YEAR AND $63,250 FOR THE SECOND
YEAR, WITH FUNDS THEREFOR BEING ALLOCATED FROM THE
FIRE, RESCUE, AND INSPECTION SERVICES DEPARTMENT'S
GENERAL OPERATING BUDGET ACCOUNT CODE NO. 280501-260,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
35. CLAIM SETTLEMENT ($500,2929.05): CASE INVOLVING 24 POLICE OFFICERS IN K-
9 UNIT CONCERNING ENTITLEMENT TO OVERTIME COMPENSATION.
------------------------------------------------------------------------------
Mayor Suarez: Item eighteen. Settlement. City Attorney recommends.
Vice Mayor Plummer: The only question I have on that settlement is why are we
having to pay attorney fees? That's the only question I have. Other than
that, everything else, I think, is in order.
Ray Irizarri, Esq.: Commissioner Plummer, under the statute the attorneys
would prevail, and if you see the backup there's an addendum to the backup on
the informational memo explaining how attorney's fees are awarded. And it's
our considered opinion that attorney's fees would be re reasonable under these
circum... that amount.
108 July 11, 1991
Vice Mayor Plummer: Twenty thousand dollars.
Mr. Irizarri: Yes, sir.
Vice Mayor Plummer: Flow long has this litigation gone on?
Mr. Irizarri: This litigation was filed in May 189, two years.
Vice Mayor Plummer: And approximately the demonstration of the winning
attorneys is that they spent how many hours?
Mr. Irizarri: About 150 hours.
Vice Mayor Plummer: And that equates to how much an hour?
Mr. Irizarri: Oh, it's about $125 an hour.
Vice Mayor Plummer: One twenty-five at a hundred hours is $20,000?
Mayor Suarez: Twelve five. Twelve thousand five hundred.
_f
Vice Mayor Plummer: Where does... I'm asking, where does it...
Mr. Irizarri: No, it's more than a hundred. It's between a hundred and a
hundred fifty hours that they put in.
f
° Vice Mayor Plummer: Did they give you proof of that?
Mr. Irizarri: No, they did not. But that's...
Vice Mayor Plummer: Don't you think you should have had it?
Mr. Irizarri: Not under the circumstances based on the amount of work that I
did, and...
Vice Mayor Plummer: No, no, no, we're not talking about you. You work for
US.
Commissioner Dawkins: No, no.
Vice Mayor Plummer: I want to know what is the equivalent of what the winning
attorneys - and you say we've got to pay them, I have no problem with that -
how many hours did they put in and are paying them $200 an hour? Are we
paying them $180 an hour?
Mr. Irizarri: We will get an hourly bill from them, but it's much less than
$200 an hour.
Vice Mayor Plummer: Well, how do you know that if you don't know what you're
paying them?
Mr. Irizarri: Just on the hours that I put in in depositions with them...
Vice Mayor Plummer: I'm not worried about you.
Mr. Irizarri: No, that they were present with me at the time. I can
calculate and safely represent that at least it's 150 hours.
Vice Mayor Plummer: Well, you said a hundred before.
Mr. Irizarri: I misspoke.
Vice Mayor Plummer: Now you've jumped to a hundred and fifty.
Mr. Irizarri: I misspoke.
Vice Mayor Plummer: OK. I would like to see their billing information.
Mr. Irizarri: We will obtain it from them.
109 July 11, 1991
W
Vice Mayor Plummer: OK. One other question that I have. When the City
Attorney called me in reference to this, it was my understanding, Mr. Manager,
that realizing in this settlement that there was a procedure being worked out,
that in the future there would be a different scenario than what has been in
the past so we will not be into this problem again. And I'm asking you
briefly on the record, tell us what that scenario is.
Mr. Odio: The scenario, as I understood...
Vice Mayor Plummer: And I - excuse me - also for the record, it is my
understanding that the plaintiffs have agreed to that compromise. So I want
that also on the record.
Mr. Odio: What we are trying to do now, we have added... we are bringing the
K-9 officers in seventy minutes prior to punch out time so that they can do
their thing with their dogs. The only question that I have in my mind - and
that should take care of that part - the problem is Saturdays and Sundays,
that I feel that we have an open ended question there that we would have to
pay extra overtime on Saturdays and Sundays.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: Well, that hasn't been clear in my mind yet. You're saying with
the seventy minutes would take care of any and all overtime.
Commissioner Dawkins: OK, we have a member of the...
Mr. Odio: OK, so...
Vice Mayor Plummer: OK...
Commissioner Dawkins: ...bargaining agent, Mr. Plummer, if you want to hear
from him.
Vice Mayor Plummer: That's what I want to know that it...
Mr. Odio: So, in trying to avoid what happened in the past, we are bringing
them in seventy minutes prior...
Vice Mayor Plummer: Seven zero.
Mr. Odio: Seven zero. That is one hour and ten minutes before quitting time
to avoid this happening again.
Vice Mayor Plummer: OK. And they've agreed to that.
Mr. Odio: They have agreed to that as part of the settlement.
Vice Mayor Plummer: OK, that's fine. I'll move the item. Do you want to
speak? -or I'll just move it.
Mr. A. Cotera: I had an answer for your question if you wanted it.
Mr. Odio: But it still costs $200,000 extra, right?
Vice Mayor Plummer: OK. No, I just wanted it on the record.
Mr. Cotera: Al Cotera, president, Fraternal Order of Police.
Mr. Odio: Now, that's... excuse me, Al, one second, will you? -so that to
clear the record. The only overtime we would have to pay extra of the seventy
minutes that were... is if they're called into court. Then they have to pay
for that overtime.
Vice Mayor Plummer: OK, but there's an understanding...
Mr. Odio: Of that.
Vice Mayor Plummer: ...that we won't be back into this jackpot again is what
I'm trying to establish on the record.
Mr. Odio: No, sir.
110 July 11, 1991
Vice Mayor Plummer: OK.
Mr. Cotera: As to the reference to the billings, as of May, we had $17,800.
Since May, of course, I have not received their billing for May, June or July.
And I'm sure that...
Vice Mayor Plummer: OK, my problem is, is when an Assistant City Attorney
tells me that it's $20,000, and he doesn't know the amount of hours involved,
I can't figure what the billing price is.
Mr. Cotera: We had spoken over the phone, and the, like I said, I don't know
if the hours were mentioned. I do have articulated hourly bills at $100 an
hour.
Vice Mayor Plummer: Al, all I've asked to do is see it. OK?
Commissioner Dawkins: Under discussion. Mr. Manager, where, I mean, it says
five hundred thousand plus interest. What is the total amount we're looking
at?
Mr. Odio: Of pay out? Five hundred thousand, two hundred and ninety-two
thousand point oh five.
Commissioner Dawkins: Plus interest.
Vice Mayor Plummer: Hey, we are right now on 18. If there's nothing that's
problem with the others, we'll be to him in five minutes.
Mr. Odio: Plus in...
Commissioner Dawkins: Plus interest, it says here.
Mr. Odio: That covers...
Mr. Irizarri : The interest cannot be calculated because we do not know at
what time the judge will sign off on the order. Because this has to be
approved by Judge Kehoe before the final...
Commissioner Dawkins: All right, what is the interest as of today?
Mr. Irizarri: No, the interest does not start accruing until it's approved by
the judge.
Commissioner Dawkins: How many years does this go back?
Mr. Irizarri: It doesn't, it's prospective. Let's say the Judge Kehoe signs
it in August, the interest starts from...
Commissioner Dawkins: Then if Judge Seals signs it in August, and we pay in
August, there's no interest.
Mr. Irizarri: That's correct.
Commissioner Dawkins: All right, when do you ... When does the manager plan to
pay this?
Mr. Irizarri: There are three payments to this.
Commissioner Dawkins: Three payments. So, all right, so three payments run
over how long?
Mr. Irizarri: The first payment is upon signing by the judge seventy-nine
thousand, three hundred.
Commissioner Dawkins: OK.
Mr. Irizarri: The first half will be...
Commissioner Dawkins: Wait now, seventy-nine thousand three hundred.
Mr. Irizarri: That's correct.
ill July 11, 1991
2
Commissioner Dawkins: Paying a half a million dollars.
Mr. Irizarri: That's the initial payment.
Commissioner Dawkins: OK, go ahead, go ahead.
MR. Irizarri: The first half of that is then due on or about and it's in the
October of 191 of this year. That leaves a balance of approximately $250,000
up to January 1st. So the interest, assuming that it starts from let's say,
August that the judge signs off, interest would be on 8 percent on that
amount, up to the amount that's paid down in October, and 8 percent on the
balance.
Commissioner Dawkins: OK, are you going to pay off a lump sum, or are you
going to stretch it out?
Mr. Irizarri: It's being paid in three installments.
Commissioner Dawkins: Three installments. And that will be out.
Mr. Irizarri: That's it.
Commissioner Dawkins: OK. So, all right, I'm going to - just for the sake of
discussion - use a half a million dollars. So that's a half -a -million dollars
that we have to find. Is that correct, Mr. Manager?
Mr. Odio: Yes, sir.
Commissioner Dawkins: All right, when there was the Wynwood disturbance,
there was another half -a -million dollars we found. Is that correct? Sir?
Mr. Odio: Yes, Gerrits.
Commissioner Dawkins: Now, with the Lozano thing, it's going to run another,
about another half -a -million dollars. Is that correct?
Mr. Odio: Overtime?
Commissioner Dawkins: Yes. Yes, sir, overtime.
Mr. Odio: Yes.
Commissioner Dawkins: So that's a million and a...
Mr. Odio: It's more than $500,000.
Commissioner Dawkins: So that's a million and a half that you found.
Mr. Odio: No.
Commissioner Dawkins: Now, my concern is - and I'm going to say it every day
I sit here - when you have these overages in the Police Department, you find
the money. But when it come to the Sanitation Department, and there are
overages, you charge it back to the citizenry. OK? Now, you're talking about
their going up on the tipping fee, and you're going to charge it back to the
citizens. I'm not going to vote for you to charge it back to the citizenry
until you decide that when there is overtime in the Police Department, that
you also charge this back to the citizenry just like you pick on the citizenry
for the solid waste. OK? I want to put that in the record.
Mr. Odio: Well, let me put on the record, Commissioner, that this has
happened in the early 70's and 80's...
Commissioner Dawkins: Beg your pardon?
Mr. Odio: I was not City Manager when this happened, OK.
Commissioner Dawkins: No, no... I don't care... well, all right, well, all
right, well then you were City Manager when the two disturbances happened. So
that's a million dollars. OK?
112 July 11, 1991
Mr. Odio: But I...
Commissioner Dawkins: You did not... you have not charged that million back
to the citizenry.
Mr. Odio: But did I say that I found that money? -or have 1 come to tell you
that I found the monies to cover the overtime for the Overtown disturbance two
week ago or three weeks ago?
Commissioner Dawkins: Did you pay the overtime for the Wynwood? Did you pay
that?
Mr. Odio: Of course, we had to pay it. But, have we made it up,
Commissioner?
Commissioner Dawkins: All right, no, no... and ,you got to pay this.
Mr. Odio: But we have not made it up.
Commissioner Dawkins: But you've got to pay it.
Mr. Odio: Of course, you have to pay it.
Commissioner Dawkins: And you're not going to charge it back to the citizenry
like you gonna do with the solid waste.
Mr. Odio: Somebody's got to give. The citizens are going to pay for that.
Vice Mayor Plummer: Well, the big difference is, there's no fee charged for
the Police Department.
Commissioner Dawkins: Beg your pardon? The what now?
Mr. Odio: The citizens are paying, yes, sir.
Commissioner Dawkins: Paying where?
Vice Mayor Plummer: The fee is in sanitation.
Mr. Odio: The overtime for the Overtown disturbance, and the Overtown for
the...
Commissioner Dawkins: So the citizens should pay for... I mean, so just like
you found the money somewhere in the budget.
Mr. Odio: I have not found.
Commissioner Dawkins: But you paid it.
Mr. Odio: We have talked to...
Commissioner Dawkins: Well, all right. As long as I sit here till 1993. OK?
You find any money you need for the Sanitation Department just like you find
the money for everything else.
Mr. Odio: But, we have not found the money to cover the Overtown disturbance,
Commissioner.
Commissioner Dawkins: You've got to...
Mayor Suarez: We sign blank checks. We sign checks without funding.
Commissioner Dawkins: Then you go to jail for that.
Mayor Suarez: Yes, the money has obviously been found and it's been paid.
Whether we can continue to do that in the future is always questionable, but
his point is essentially right. Now, we're not going to pass it on to the
taxpayers, and in the case of solid waste, I also don't understand why somehow
we got to pass that on to taxpayers. So you got two votes on that concept.
Commissioner Dawkins: Thank you, sir. That's all I... I just want him to
understand, hey, what's fair, is fair. That's all.
113 July 11, 1991
Mr. Odio: If I had a choice, I would not tell you to pay for this, but we
have no choice.
Commissioner Dawkins: You got a... no, no, your choice is don't tell them.
That's your choice. OK? Your, choice is not to tell the citizens you're going
to pass it to them. That's your choice. I got two votes for that. I don't
know if we got another one.
Mr. Odio: My choice is I have to present a balanced budget for next year.
Commissioner Dawkins: Then, but why... Well, how do you balance the budget
finding money for the Police Department, and you can't balance the budget
finding money for Sanitation?
Mr. Odio: As we talk today, if we keep running this type of overtime, we
would have a deficit before the end of the year.
Commissioner Dawkins: No, no, no, no, no. I don't want to know about
projections. I want to know what you've already done. OK? You have already
spent this money, and yet you tell me that be... I mean, and every time it's a
shortage in the Sanitation Department. We pass it on to the citizenry, and
the Sanitation is just as important as any other agency in this City. If you
leave the garbage in the streets, it's going to decay and get disease, and
people are going to get sick. Just like if the Fire Department does not pick
up people with a heart attack. Just like if the police is not out there to
stop them from stealing my car. OK? It's all a part of service that's
supposed to be provided with the tax dollar. So don't think that everytime
there's a shortage you're going to shuffle it off on Sanitation. I mean, on
the citizens and say it's due to garbage.
Mayor Suarez: But if anybody wants to steal his car, make sure you do it on
Commission meeting days at around 8:00 a.m. so he won't make it in here. All
right, item... Yes, Mr. Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Very short, as usual.
Mayor Suarez: And to the point.
Mr. Gonzalez-Goenaga: To the point. This could be covered with the $150,000
that are still missing, number one. Number two, I understand and I'm in full
accord with the settlement. But we have another problem. I have seen many
policemen in horses, and very soon they will get the idea of camels and
elephants. Why don't we put the policemen in bicycles? They are damaging our
cars. I asked before, how many car, brand new cars, have been damaged?
Mayor Suarez: Time Magazine this week or Newsweek - I think it's Time - has a
feature on the City of Houston, I think, that is doing that.
Commissioner Alonso: I like the bicycles.
Mayor Suarez: And it's very effective. Miami Beach is doing it too, of
course.
Commissioner Alonso: They're doing very well. I like the bicycles.
Mr. Gonzalez-Goenaga: And Coral Gables also is using bicycles now.
Mayor Suarez: They have different problems from the City of Miami, some of
those cities, but, you know...
Mr. Gonzalez-Goenaga: Yes, I know, that's the... Yes, but the thing is, how
many cars of these brand new cars, Caprice Classics, that cost like eleven
hundred... How many dollars? -I don't know. How may have been damaged
already? Because you're going to get sued again because of these little boys
that the police hit this bus. Are you aware of that? Oh, you think that
everybody is going to praise this...
Vice Mayor Plummer: Mr. Manager, for God sakes, would you get him an answer.
How many of the new cars have been damaged? Give him that answer. He keeps
asking the question.
114 July 11, 1991
Mayor Suarez: By the way, the best... As you do that, the best deal we've
ever made, the best purchase we've ever made, as far as I can tell since I've
been here on cars, have the Caprice Classics. I don't know if it's $11,000 or
what the cost is, but at least we've got full sized cars. The police officers
have been demanding those, and it's fair that they have them. And every other
good thing I can say about them compared to some of those other silly little
things that we have out there. Looks like they get somebody killed, but,
lieutenant, what about the... Have we had a rash of accidents? Is there any
way we can reduce them? Would you just put on the record what you know
statistically of it, and maybe have a private meeting with Gonzalez-Goenaga in
his Coral Gables home sometime...
Vice Mayor Plummer: He's got to check it out.
Mayor Suarez: ...and discuss all of this.
Vice Mayor Plummer: Mr. Mayor...
Lt. Joseph Longueira: Never.
Vice Mayor Plummer: ...it was not my intent for him to go off the top of his
head. Let him get the answer and give it to the gentleman.
Lt. Longueira: I'm going to call now...
Mayor Suarez: Oh, I thought you had it, I'm sorry, all right.
Lt. Longueira: No, I'm going to call now and get the number.
Mayor Suarez: OK. Thank you, Manolo.
Mr. Gonzalez-Goenaga: Bicycles are better than cars.
Mayor Suarez: Castro certainly seems to think so, you know. He's got a
different problem, he can't get any cars built in Cuba, so...
Mr. Gonzalez-Goenaga: Yes, but if they hit... if they abuse people, if
they...
Mayor Suarez: No, no, no, don't do it. You finished your presentation.
Mr. Gonzalez-Goenaga: OK, I could go on and on.
Mayor Suarez: No, no, that's what worries me. All right, on item 18 I'll
entertain a motion.
Vice Mayor Plummer: I moved it, sir.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
115 July 11, 1991
Lj
a
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-523
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TWENTY-FOUR POLICE OFFICERS IN THE K-9 UNIT OF THE
MIAMI POLICE DEPARTMENT, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $500,292.05, PLUS INTEREST, IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI RELATING TO THEIR
ENTITLEMENT TO OVERTIME COMPENSATION PURSUANT TO 29
U.S.C. 201, ET SEQ., IN U.S. DISTRICT COURT CASE NO.
90-1152-CIV-SPELLMAN, UPON THE EXECUTION OF A
SETTLEMENT AGREEMENT AND UPON APPROVAL OF THE
SETTLEMENT BY THE UNITED STATES DISTRICT COURT
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS FOR PAST LIABILITY; FURTHER PROVIDING A
SCHEDULE OF PAYMENTS FOR SAID SETTLEMENT AMOUNT, PLUS
ATTORNEY'S FEES IN THE AMOUNT OF $20,000.00, WITH
FUNDS THEREFOR ALLOCATED FROM RISK MANAGEMENT POLICE
TORT LIABILITY ACCOUNT NO. 270401-652.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
36. APPROVE SUBMITTAL TO ELECTORATE OF PROPOSED CHARTER AMENDMENT (NO. 1),
TO ELIMINATE REQUIREMENT THAT FULL TITLE OF EACH PROPOSED ORDINANCE BE
READ ALOUD ON FIRST READING - CALL SPECIAL MUNICIPAL ELECTION ON
NOVEMBER 5, 1991.
------------------------------------------------------------------------------
Mayor Suarez: Item 19. I expect a motion and a second very quickly.
Vice Mayor Plummer: Move it.
Commissioner Alonso: Finally, finally.
Mayor Suarez: Thank you.
Vice Mayor Plummer: With pleasure.
Commissioner Alonso: Finally, yes.
Mayor Suarez: Thank you, to eliminate the reading of the titles of each
ordinance every time we pass one, and all the other...
Vice Mayor Plummer: Mr. Mayor, I would only hope that the City Attorney, when
they are drafting this language, would make it clear to the public so that
they understand...
Commissioner Alonso: Oh, yes.
Vice Mayor Plummer: ...that the agendas will be published, still be
published, the titles will still be written documents here available to the
116 July 11, 1991
public. Because if they get an idea that we're trying to hide something, I
would vote against it, and I'm sure they would.
Mr. Jorge Fernandez: All right.
Vice Mayor Plummer: So when you draft the language of the 75 words....
Mayor Suarez: Please make the language such that it shows that it's for ease
of Commission meetings and expediency and everything else.
Vice Mayor Plummer: Expediency of the meeting.
Mayor Suarez: Right.
Mr. Fernandez: This is your chance. The language has already been drafted,
and it's at the backup material that was distributed to you. And here you
have to understand what the legal situation is.
Mayor Suarez: Is this the best and simplest and most beneficial possible
wording you can come up with, within the legal limitations that you're under?
Mr. Fernandez: Yes.
Mayor Suarez: All right, there's not much else we can do.
Mr. Fernandez: But let me tell you...
Mayor Suarez: Unless you want to become draftsmen of Charter Amendments.
Have you got any suggestions, J.L.? Do you want to do them now?
Mr. Fernandez: This is how the Charter language reads, so that you are aware
of the fact that what I'm recommending to you is not total elimination of both
readings.
Commissioner Alonso: Oh, I was afraid of that.
Mr. Fernandez: I'm suggesting to you, elimination of first reading, and still
going with the second and final reading.
Mayor Suarez: All right, that's a good clarification just in case we thought
we were going to get out of both readings.
Vice Mayor Plummer: Why have you got to do either one of them? The County
doesn't do it.
Mr. Fernandez: Incorrect, sir. The County... I have been at County meetings
and I have spoken with the County Attorney, and they do read their ordinances
by title first and second reading - City of Hialeah, City of Miami Beach, the
County. Yes, they do, sir. I have been there and that's what...
Vice Mayor Plummer: Sir, I watch it on cable...
Mr. Fernandez: Mr. Ginsburg...
Vice Mayor Plummer: I watch it on cable, and I hear the mayor say, item 7, B,
9...
Mr. Fernandez: Resolutions.
Vice Mayor Plummer: ...A, B, C, and D.
Mr. Fernandez: Resolutions. The difference between the County and the City
is that the County, because of the way their Charter is written, has a lesser
need to pass ordinances than we do. Because they consider resolutions, for
example, all of their zoning they do by way of resolution. And so, they pass
much fewer - if that's a correct expression - ordinances than we pass. But
whenever they pass an ordinance, they read it by title. Now, what you have to
understand here, Mr. Mayor and Commissioners, is the fact that the law is not
clear on this. We have the 3rd DCA (District Court of Appeals), in whose
jurisdiction we are, in the Overtown Review Panel case that went on appeal to
them, they found that you do not have the authority to give to a committee the
power to issues subpoenas, which is the next item that you will be putting on
117 July 11, 1991
referendum. The impact of that court decision of the 3rd DCA, which the
Supreme Court refused to deal with, so we have that as the law here in Dade
County, is that the City of Miami is not subject to Florida Statute 166, which
is the Municipal Home Rule Powers Act. If that is the correct interpretation
of that. However, the Supreme Court says something differently, and here we
have a case where the Supreme Court in other cases, has held that
municipalities in Dade County are subject to 166. The 3rd DCA has ruled that
the City of Miami is not, and therefore there is an apparent conflict there,
but, in any event, the point that I'm trying to make without belaboring it, or
confusing it any more, is that arguably, you can pass a referendum eliminating
the requirement for reading your ordinances altogether. But that may be
susceptible to a court challenge that would... the crux of the question then
would be whether the 3rd DCA or the Supreme Court is correct in what applies
or doesn't apply to municipalities in Dade County. The safest course of
action that I could recommend to you right now is what's in your packet, which
is that you, for the sake of expediency, having articulated all of the sound
rationale that you have, that you eliminate the reading the first time around,
but that the second time, a full reading be had, as well as a complete first
and second reading for all of those items that are of a zoning or land use
nature. That would be the safest accommodation that I found under the present
existing state of the law, which is not clear, is not perfect, but that's what
we have.
Mayor Suarez: All right, let's go for it. My preference is not to always
provide for the safety in drafting all of these things, but rather expediency.
But, it's the best we got. J.L., what do you want to do?
Mr. Fernandez: But, OK...
Vice Mayor Plummer: I want to cut the time of these meetings down.
Mayor Suarez: No, I know that.
Mr. Fernandez: What I'm telling you is that we may be - and it may not be a
bad idea, to provoke the issue.
Mayor Suarez: Well, if he keeps explaining this, we'll be here for the next
five...
Commissioner De Yurre: Hey, if J.L. speaks 20 percent less, we've saved an
hour.
Mayor Suarez: Can we put that in the Charter Amendment?
Mr. Fernandez: No.
Vice Mayor Plummer: J.L. speaks 20 minutes less?
Mayor Suarez: Twenty percent.
Commissioner De Yurre: Twenty percent, twenty percent less.
Vice Mayor Plummer: But what you didn't say is if Victor would keep his mouth
shut, it would be an hour less.
Commissioner De Yurre: I hardly open it.
Vice Mayor Plummer: Ohhhh.
Mr. Fernandez: Do you all understand that we could go with what Commissioner
Plummer is recommending, but there would be a greater likelihood...
Mayor Suarez: Yes, yes, yes...
Mr. Fernandez: OK.
Mayor Suarez: ...you said that's riskier. This is safer. Let's go for
safer. Let's go for riskier. Let's go for something, otherwise we'll be
arguing about it forever.
Vice Mayor Plummer: I'll listen to my learned legal colleagues. What do you
think is best?
118 July 11, 1991
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Mayor Suarez: There you go.
All right.
That's your big mistake, listening to lawyers.
Vice Mayor Plummer: You're right.
Mayor Suarez: Oh, you mean you're asking us now?
Vice Mayor Plummer: Yes, what do you all think? You're lawyers. You know
what we're trying to accomplish. To cut the meeting times down.
Mayor Suarez: Yes, but he's read through all the decisions of the 3rd
District Court of Appeals, the 4th District Court of Appeals, the 5th, 6th,
etcetera. You know, it's hard.
Vice Mayor Plummer: So what are you saying?
Mayor Suarez: Go for the safe one.
Vice Mayor Plummer: I move the safe one.
Mayor Suarez: All right, so moved.
Vice Mayor Plummer: At least it's a step in the right direction.
Mayor Suarez: Yes, that's it, thank you.
Vice Mayor Plummer: And I guess I have to ask the question after that. Mr.
City Attorney, do you recommend that we adopt, or you tell us, that the time
is saved in the County is by having, for example, zoning by resolution rather
than ordinance.
Mr. Fernandez: No, that we cannot do.
Vice Mayor Plummer: That's it, forget. No, no more. Don't need an
editorial.
Mayor Suarez: That's it. All right, on item...
Vice Mayor Plummer: I'll move 19.
Mayor Suarez: Thank you.
Mr. Fernandez: And, Mr. Mayor, if you would indulge me, let me read to you
for one minute. I think it's time well spent so that we can't...
Vice Mayor Plummer: Boy, I'm sure glad you're not calling from Sarasota
collect.
Mayor Suarez: Indulge you?
Mr. Fernandez: This is a ballot question that you're putting on the ballot.
Commissioner Alonso: Remember, you guys were the ones who raised his salary,
we didn't. The Mayor and I we say no, so...
Vice Mayor Plummer: Is all of this because we gave you a raise?
Mr. Fernandez: No, this is all because, in the past, I have failed to make
things very clear, and I have learned my lesson that we cannot afford not to
have things crystal clear. The Charter Amendment that would be placed on the
ballot, Mr. Mayor, reads like this:
"Shall Charter Amendment number one be adopted to provided that
the existing requirement of reading aloud ordinance titles upon
their initial consideration, and again upon their second and final
consideration by the City Commission be eliminated and that there
be only a requirement of reading aloud ordinances title upon their
second and final consideration by the City Commission unless
otherwise provided by State law."
We have fit the question in the 75 words that we're allotted, and I think we
have clearly communicated to the voting public what we intend to do. They
will hear it completely upon second and final reading unless otherwise
119 July 11, 1991
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requested by law, at which time they would hear it both first and second
reading. You're ready to vote, Mr. Mayor.
Commissioner Alonso: Whatever, let's vote. We agree.
Mayor Suarez: Nineteen has been moved.
Commissioner Alonso: Yes, yes.
Mayor Suarez: Seconded by Commissioner Alonso. Any discussion? If not,
please call the roll very quickly, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-524
A RESOLUTION, WITH ATTACHMENT, APPROVING, SETTING
FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER
AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 19
TO ELIMINATE THE REQUIREMENT THAT THE TITLE TO EACH
PROPOSED ORDINANCE BE READ ALOUD PRIOR TO ITS INITIAL
CONSIDERATION BY THE CITY COMMISSION; MORE
PARTICULARLY, BY AMENDING SUBSECTION (f) OF SECTION 4
OF SAID CHARTER; CALLING AND PROVIDING FOR A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF
NOVEMBER, 1991, FOR THE PURPOSE OF SUBMITTING CHARTER
AMENDMENT NO. 1 TO THE ELECTORATE AT SAID ELECTION;
FURTHER, DIRECTING THAT A CERTIFIED COPY OF THIS
RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS
OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45
DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL
ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
120 July 11, 1991
37. APPROVE SUBMITTAL TO ELECTORATE OF PROPOSED CHARTER AMENDMENT (NO. 2),
TO PROVIDE THAT CITY COMMISSION SHALL HAVE THE AUTHORITY, BY ORDINANCE,
TO GRANT SUBPOENA POWER TO SUCH BOARDS AND COMMITTEES APPOINTED BY THE
COMMISSION AS IT MAY DEEM APPROPRIATE - CALL SPECIAL MUNICIPAL ELECTION
ON NOVEMBER 5, 1991.
Mayor Suarez: Item 20, proposed Charter amendment. Our ordinance to grant
subpoena power to boards and committees.
Vice Mayor Plummer: Move it.
Mayor Suarez: We thought we always had it. Moved.
Commissioner Alonso: Yes.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-525
A RESOLUTION, WITH ATTACHMENT, APPROVING, SETTING
FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER
AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 2,
TO PROVIDE THAT THE CITY COMMISSION SHALL HAVE THE
AUTHORITY, BY ORDINANCE, TO GRANT SUBPOENA POWER TO
SUCH BOARDS AND COMMITTEES APPOINTED BY THE CITY
COMMISSION AS THE COMMISSION MAY DEEM APPROPRIATE;
MORE PARTICULARLY, BY ADDING A NEW SUBSECTION (b) TO
SECTION 14 OF SAID CHARTER; CALLING AND PROVIDING FOR
A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY
OF NOVEMBER, 1991, FOR THE PURPOSE OF SUBMITTING
CHARTER AMENDMENT NO. 2 TO THE ELECTORATE AT SAID
ELECTION; FURTHER, DIRECTING THAT A CERTIFIED COPY OF
THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF
ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT
LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL
MUNICIPAL ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
121 July 11, 1991
38. MANAGER TO EXECUTE AGREEMENTS, WITH CONDITIONS, WHEREBY CITY SHALT_
CONSENT TO ASSIGNMENTS OF LEASES, PURCHASE MONEY MORTGAGES, AND RELATED
AGREEMENTS BY AND AMONG: (a) C.P. TOWER, LTD., (b) MIAMI TOWER
ASSOCIATES LIMITED PARTNERSHIP, (c) C.P. RETAIL, LTD., (d) MIAMI RETAIL
ASSOCIATES LIMITED PARTNERSHIP, AND/OR (e) RESOLUTION TRUST CORPORATION
EITHER IN ITS INDIVIDUAL CAPACITY OR AS RECEIVER FOR CENTRUST FEDERAL
SAVINGS BANK - CLARIFY SPACES ENCUMBERED BY SUCH LEASES - AUTHORIZE
MANAGER TO FURNISH ESTOPPEL LETTERS AND NONDISTURBANCE AGREEMENTS AND
RELATED DOCUMENTATION.
--------------------------------------------------------------------------------
Mayor Suarez: Item 21.
Commissioner Dawkins: Who do you plan to sign this with?
Mr. Jorge Fernandez: Yes. Well, as you know, the CenTrust Towers have been
taken over by the federal government. The federal government...
Commissioner Dawkins: Oh, that's not the one. Move it. That's not the one I
want to question. Move that with nine, I'm through with that one. It's
another one I'm questioning.
Mayor Suarez: OK, on item 21, you're suggesting you put something into the
record?
Mr. Odio: Twenty-one is the sale of CenTrust Tower, and the CenTrust retail
area. And we're just assigning air rights as...
Commissioner Alonso: No change from the original agreement.
Mr. Odio: No.
Commissioner Alonso: Exactly the same points, OK.
Carter McDowell, Esq.: I, I...
Mayor Suarez: Why...
Mr. Jorge Fernandez: Counselor has an announcement to make on the record that
we have checked into it, and absolutely it's not problem with it legally, but
he needs to have more clarifying language in the release.
Mayor Suarez: All right.
Mr. McDowell: For, the record, my name is Carter McDowell with the law firm of
Fine Jacobson, address 100 S.E. 2nd Street, Miami, Florida. I'm here
representing Winthrop Financial Associates, and Miami Tower Associate Limited
Partner, and Miami Retail Associates, Limited Partnership, the entities to
which this lease will be assigned. In the packet that's before you, the RTC
has asked for one additional clarification that appears in the body of the
resolution and in several of the attachments. I have copies, as your attorney
has indicated ... (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD...)
Mr. Fernandez: Is that language which is underlined in the title which really
does not affect anything, but further clarification that they need to have.
Commissioner Dawkins: Why?
Mr. McDowell: Very simply, it represents... the federal government, in the
way this transaction is structured, there will be a mortgage taken...
Commissioner Dawkins: Who has seen this?
Mr. McDowell: The City Attorney's office and the Manager's office.
Commissioner Dawkins: Why... OK, why wasn't it given to us before now, and
just handed it to us so that if we did have any questions that we could have
raised them?
122 July 11, 1991
Mr. Fernandez: It was, sir. Item 21, as found in your agenda, is
substantially the same item that the...
Commissioner Dawkins: Substantially means it has been changed.
Mr. McDowell: Commissioner, if I...
Commissioner Dawkins: Why wasn't it presented to us as a change so that we
could have at least...
Mr. Fernandez: We just got it ourselves this morning.
Commissioner Dawkins: Beg your pardon?
Mr. Fernandez: We got it ourselves this morning.
Commissioner Dawkins: And so, you see...
Mr. McDowell: Respectfully, if I may, the reason that you were not presented
with this language prior to now, and I apologize for that, is that candidly
the RTC (Resolution Trust Corporation) and its attorneys did not request this
language until... it wasn't agreed upon by them until this morning. And let
me explain, if I may, what the language does. I think you will see that it
really is, in a sense, no change at all from the City's standpoint. What it
provides is that the mortgage that is to be taken back, the purchase money
mortgage, will be held either by the existing tenants, CP Tower and CP Retail,
which is, of course, now owned and controlled indirectly by our RTC, or
directly by RTC. In either circumstance, you have RTC, the federal
government, ultimately behind the mortgage. It is simply a matter of whether
they choose to take the mortgage back in the RTC directly, or in the existing
tenants. You will deal with no additional parties. It's the exact same
parties.
Commissioner Dawkins: The existing tenant, does that mean CenTrust?
Mr. McDowell: CenTrust - well, as you know - CenTrust Savings Bank does not
exist any more. You have...
Commissioner Dawkins: All right, then let me see how to rephrase this to get
the answer I'm looking for. Does the partners you're talking about, does it
reflect any of the members, any board members, any stockholders, that might
have been a part of CenTrust?
Mr. McDowell: No, sir, the new entity would not.
Commissioner Dawkins: Beg your pardon?
Mr. McDowell: No, sir, the new entity that this is being assigned to does not
include anyone who had any interest in CenTrust in any way, shape, or form.
Commissioner Dawkins: Well, why is it then that the new entity must have some
kind of a - for the lack of a better word - pass through with the federal
government, why?
Mr. McDowell: What is happening in way the transaction is structured, is that
in a sense, the federal government is taking back a purchase money mortgage as
part of the transaction between the federal government which is, of course,
selling its rights in the lease to the new entities which is Miami Retail and
Miami Tower Associates, Limited Partnership. So that purchase money
mortgage... this change is purely to address who holds that mortgage.
Ultimately, it really will not make any difference to you, as City, in that
you will still have the new entity in place. Winthrop Financial is a company
that owns the two new entities that are taking this building. They have six
billion dollars in assets. They are a very substantial real estate company.
We have previously provided you with their annual reports and financial
reports. They are indeed as compared to CenTrust, they are professional
property managers and owners. That is their business, as opposed to being a
bank, who happens to also own a building.
Commissioner Dawkins: In the event that of their six billion dollars, they
find that this is the only losing entity that they have in their six billion
dollar portfolio, and they decide to default, where does that put the City of
Miami?
123 July 11, 1991
Mr. McDowell: You would be back where you are today. You would have RTC and,
of course, CP Tower as the holder of the lease. So you would be in no
different position than you are as we stand here today.
Commissioner Dawkins: No further questioning, Mr. Mayor.
Vice Mayor Plummer: I have a question. Is there a provision, Mr. City
Attorney, in this agreement as in most other agreements, that any transfer of
stock by the new entity takes an approval of this Commission, and in the past
we have put a five percent transfer, more than five percent of stock requires
Commission approval. Is that in this lease?
Rafael Diaz: There are two leases involved. One of the leases requires
Commission approval, but it's not based on a percentage. It simply requires
Commission approval without any assignment. The other one does not, simply
City Manager.
Mr. McDowell: For what it's worth, the entities are partnerships, and not
corporations. There is no stock, per se.
Vice Mayor Plummer: My concern would be that if they wanted to sell off of
their control fifteen or twenty percent to another entity, we, the City
Commission, I think, would like to know and have approval that that entity who
they're selling portions of off to is a very good and reliable and substantial
individuals that we would be doing business with. That's why I'm asking the
question.
Mr. McDowell: I think the way, well... the answer to that very simply is that
the entities that this lease is being assigned to is a limited partnership.
There is no provision that I'm aware of that would specifically control the
general partners. However, Winthrop fully intends to remain as the general
partner, the managing partner, of this limited partnership. There would be no
change. In order to change the entity that holds this lease, it would require
Commission action.
Vice Mayor Plummer: You're saying that any change of ownership, regardless of
how small, would require Commission approval? Is that what you're saying?
Mr. McDowell: No, I...
Vice Mayor Plummer: Well, he says no, you say yes. I'm asking the question.
Mr. McDowell: Any change of entity would clearly require...
Vice Mayor Plummer: Regardless of what percentage.
Mr. McDowell: Yes.
Mr. Diaz: On one of the leases, yes, regardless of what percentage.
Commissioner Dawkins: Well, what... hey, J.L., pardon me, let me... Why do I
have two leases?
Mr. McDowell: You have, in effect, four leases as a matter of fact.
Commissioner Dawkins: OK, why do we have four leases?
Mr. McDowell: Because that is the way it sits today as we come before you.
There is an air rights lease for the tower...
Commissioner Dawkins: No, wait, no, I need him. No, sir, hold up, hold up.
No, no, no, no. Why do we have four leases?
Mr. Diaz: I wasn't involved in the original transaction, I can't answer that,
why it was set up that way.
Commissioner Dawkins: All right, Al.
Mr. Al Armada: Sir, two have to do with the Off -Street Parking Authority.
They have agreements with the Off -Street Parking Authority for the use of
parking spaces in the government center garage. So those, out of the four
124 July 11, 1991
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that you're talking about, two have to do with the assignments of agreements
dealing with the usage of the parking garage. And the other two are the ones
that we...
Commissioner Dawkins: Why is it two lots dealing with parking? -and not one
lot... one lease dealing with parking?
Mr. Armada: It's the same way as it is in terms of our own leases. We have
_ two leases. One for the air rights, and one for the retail. So the same
thing with a garage. They have one lease with the parking for the tower, and
another lease that deals with retail. That's the way they did it. I don't
know why that was done that way, but that's the way it was done.
Vice Mayor Plummer: Sure, you know why they did it. Because of the fact when
we put in the original foundation, we had to go back and get a five million
dollar grant from the federal government to put in the foundation. And they
were the ones who wrote that in or we couldn't have got the grant. That's...
Mr. Armada: That's right, and the two parking agreements have specific number
of parking spaces assigned to the retail and assigned to the air rights.
Vice Mayor Plummer: Yes, but...
Commissioner Dawkins: Why would a parking lease with them have anything to do
with air rights? -when the parking is already there and not in the air?
Mr. Armada: Because there's a guaranteed number of parking spaces that the
{ air right lease has. The air right lease has, through this agreement, I think
has 500 parking spaces.
Vice Mayor Plummer: He's not answering his question, Al.
Mr. Armada: OK? So, the air rights lease...
Commissioner Dawkins: OK, wait a minute, now you've told me how many parking
spaces you have, that's great. That's not what I asked you. I'm going to ask
my question again. Why is it a parking lot already built, already in
operation, you're getting ready to lease the parking spaces. Why would it be
necessary to deal with air rights?
Vice Mayor Plummer: Can I answer it for you?
Commissioner Dawkins: I don't see why not.
Vice Mayor Plummer: The parking lot itself is the air rights. It was built
above the retail which was on the base. The parking structure itself is the
air rights. They're not talking about air rights on top of the parking
structure. The parking lot is of the air rights which was built on the base
which was retail.
Commissioner Dawkins: Well, wouldn't it be simpler to say... How many parking
spaces is it?
Mr. Armada: There's 500 parking spaces connected to the air rights.
Commissioner Dawkins: All right, wouldn't it be simpler to say that 500
parking spaces within the air rights? I can understand that.
Vice Mayor Plummer: That's what it is.
Commissioner Dawkins: Well say that.
Vice Mayor Plummer: Well, wait a minute, Miller, there's more, all right?
Mr. McDowell: There are fourteen hundred...
Commissioner Dawkins: You're right, you're right...
Vice Mayor Plummer: Do you have other contracts...
Commissioner Dawkins: ...if it wasn't more, they wouldn't say more.
125 July 11, 1991
Vice Mayor Plummer: No, let me try to make it for you. You have more than
,just a guarantee to CenTrust. You have a guarantee to the University of Miami
under a lease for so many parking spaces. You have a lease with the Hyatt
Hotel that is also for "X" number of parking spaces.
Commissioner Dawkins: Not the same 500 spaces, J.L.
Vice Mayor• Plummer: No, sir. You can't. No, no...
Commissioner Dawkins: All right, then, all right.
Vice Mayor Plummer: Excuse me, he mislead you. There are a total of
fifteen...
Commissioner Dawkins: Oh, he lied to me, huh?
Vice Mayor Plummer: No, sir, he mislead you. There are a total of fifteen
hundred parking spaces in that structure.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Of which CenTrust has a lease for so many. Hyatt has a
lease for so many, and the University of Miami has a lease for so many. Now,
I'm going to get to that point again in a minute, but that's trying to answer
it for you. The original concept was only the bottom thing. We went back and
got five million dollars to put in a foundation to build the parking structure
in the air rights above what was originally proposed. The parking structure
is the air rights. The reason for four different leases is to address their
guarantee as to the amount of parking that they will be guaranteed.
Commissioner Dawkins: Well, I don't under stand it, but I'm going to go along
with your attempt to explain it. But I'm going to tell you, if you're parking
500 cars in the air, up off the ground, you're in somebody's air rights.
Vice Mayor Plummer: That's correct.
Commissioner Dawkins: It would be impossible to be up there to park them
without the rights to air rights. So I don't understand why we're going
through two leases. But if the bureaucracy think it's necessary to create
more bureaucracy and more paper work, so be it.
Vice Mayor Plummer: OK...
Commissioner Dawkins: But one lease, in my opinion, could cover 500 leases up
in the air, off the ground, and be through with it. It should not have a
lease for 500 spaces, and then come back and say, you have another lease for
500 spaces air rights. I mean, it's just double-talk.
Vice Mayor Plummer: OK, the question that I'm asking, Al, they have... the
problem that's existed before, and one of the reasons because Off -Street
Parking Authority is only a management in that area, OK? CenTrust has a
guarantee of how many spaces?
Mr. Armada: CenTrust has a guarantee for the air rights.
Vice Mayor Plummer: Of how many spaces?
Mr. Armada: Five hundred.
Vice Mayor Plummer: OK.
Mr. Armada: And for the retail, fifty.
Vice Mayor Plummer: OK. So it's 550 now.
Mr. Armada: Yes, sir. Out of the fourteen...
Vice Mayor Plummer: Now, one of the problems existing is, is that they have
never really used 550. Yet, they are reserved for them. Now, was there any
negotiation to try and straighten and resolve that out in this lease where we
either reduce the reserve or they pay a flat fee?
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Mr. Armada: My understanding is that
have a legitimate right to use up to
whatever they use. But again, you
(Department of Off -Street Parking)...
they pay for whatever they use. They
500 parking spaces, but they pay for
know, I was not involved with DOSP
Vice Mayor Plummer: Yes, the problem... to my colleagues, the problem that
exists is that we can't allow others to use it because we have a guarantee to
them, and we have parking spaces that could remain vacant.
Mr. Herb Bailey: No, the lease will be transferred as it currently exists,
and we do not have anyone to negotiate with yet until they have a new owner.
And if you want to, perhaps, maybe discuss that once they have a new owner,
then we can probably do t`at.
Vice Mayor Plummer: That's fine.
Mr. McDowell: We certainly would be willing to explore that.
Commissioner Dawkins: Call the roll.
Commissioner De Yurre: Is there any money due and owing the City at all at
this point in time?
Mr. Bailey: No....
Commissioner De Yurre: No, on everything, overall, the whole...
Mr. Armada: No, no, everything is fine. I mean, everything is fine. As a
matter...
Commissioner De Yurre: They don't owe us one penny.
Vice Mayor Plummer: They're up to speed.
Mr. Armada: OK, absolutely. As a matter of fact, you know, July has, you
know, we're in the 11th day of July. July payment for both of those leases
have not been paid, but we have an excess payment for RTC that RTC made - they
made a double payment to us - and we're holding like $40,000 from them. So we
have money from them at this point.
Vice Mayor Plummer: My last question, and it's only for my own information.
How much is the mortgage to RTC?
Commissioner Dawkins: Forty-four million.
Vice Mayor Plummer: No, that's the purchase price.
Mr. McDowell: Thirty-six million, eight hundred thousand.
Vice Mayor Plummer: OK.
Mr. Manuel Gonzalez-Goenaga: One question only. I realize that I am dumb, and
I do not understand these things. But the essence is that we... that the
Commissioners, we would not get back to the Monty Trainer issue. Whatever,
please make sure that whatever is signed we...
Mayor Suarez: Wait, wait, wait, wait a minute, sir. You've not been
recognized.
Mr. Gonzalez-Goenaga: I'm sorry.
Mayor Suarez: We have rules here. I was over checking with my staff. If the
Vice Mayor recognizes you, you can speak. If I recognize you, you can speak.
Neither one of us did. Now, you want to address this item?
Mr. Gonzalez-Goenaga: Just a final thing. Just to tell the Commissioners,
because I did say that I do not understand what's going on. Yet, what I do
riot want to hear, a few years from now is the situation similar to Manny
Medina, Monty Trainer, and all these that where the - according to what I have
read, and I am dumb, I admit - we could lose on the old extension of the lease
$28,000,000. So, whatever is made, please, Commissioners, make sure that when
you sign whatever with whatever person, that we do not get involved in tricky
127 July 11, 1991
0
things that sooner or later the City of Miami will lose, and actually the one
who is losing is the citizens. Not you. Unless, you're willing to sign those
things on your personally. I mean, please make a great effort to make sure
that the Monty Trainer, Manny Medina situation could not possibly occur in
this particular situation. That's all.
Mayor Suarez: OK.
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Suarez: Anything further, Commissioners?
item?
Vice Mayor Plummer: I moved it, Mr. Mayor.
Mayor Suarez: Moved. Has it been seconded?
Commissioner Dawkins: Second.
Do we have a motion on the
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Mr. Fernandez: And just for clarification, the item that is being passed is
the one that most recently was submitted to you.
Mayor Suarez: OK, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-526
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING, WITH
CONDITIONS, THE CITY MANAGER TO: EXECUTE AGREEMENTS,
IN SUBSTANTIALLY THE ATTACHED FORMS AND AS APPROVED BY
THE CITY ATTORNEY, WHEREBY THE CITY SHALL CONSENT TO
ASSIGNMENTS OF LEASES, PURCHASE MONEY MORTGAGES, AND
RELATED AGREEMENTS BY AND AMONG C.P. TOWER, LTD.,
MIAMI TOWER ASSOCIATES LIMITED PARTNERSHIP, C.P.
RETAIL, LTD., AND MIAMI RETAIL ASSOCIATES LIMITED
PARTNERSHIP AND/OR RESOLUTION TRUST CORPORATION EITHER
IN ITS INDIVIDUAL CAPACITY OR AS RECEIVER FOR CENTRUST
FEDERAL SAVINGS BANK; AND WHEREBY THE SPACES
ENCUMBERED BY SUCH LEASES SHALL BE CLASSIFIED; FURTHER
SIMILARLY AUTHORIZING THE CITY MANAGER TO FURNISH
ESTOPPEL LETTERS AND NONDISTURBANCE AGREEMENTS AND
RELATED DOCUMENTATION.
(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 Aionso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
128 July 11, 1991
LA
LA
39. ACCEPT BID: SOUTH DADE ELECTRIC, INC. ($228,046) - FOR ORANGE BOWL
MODERNIZATION - PHASE II - ELECTRIC EQUIPMENT B-2991-B (CIP 404238) -
EXECUTE CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Item 22. South Dade Electric, Inc. Orange Bowl Modernization,
phase II, electrical equipment.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plumper, who
moved its adoption:
RESOLUTION NO. 91-527
A RESOLUTION ACCEPTING THE BID OF SOUTH DADE ELECTRIC,
INC., IN THE PROPOSED AMOUNT OF $228,046.00, TOTAL BID
OF THE PROPOSAL, FOR ORANGE BOWL MODERNIZATION - PHASE
II - ELECTRIC EQUIPMENT B-2991-B; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 404238,
IN THE AMOUNT OF $228,046.00 TO COVER THE CONTRACT
COST AND $4,560.92 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $232,606.92; 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 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.
129 July 11, 1991
0
40. ACCEPT BID: YANES EQUIPMENT, INC. ($104,971.70) - FOR ORANGE BOWL AREA
SANITARY SEWER PROJECT PHASE II B-5596 (Project 404238) - EXECUTE
CONTRACT.
Mayor Suarez: Item twenty-three. Tennis equipment.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-528
A RESOLUTION ACCEPTING THE BID OF YANES EQUIPMENT,
INC., IN THE PROPOSED AMOUNT OF $104,971.70, TOTAL BID
OF THE PROPOSAL, FOR ORANGE BOWL AREA SANITARY SEWER
PROJECT - PHASE II B-5596; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITA!.
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 404238,
IN THE AMOUNT OF $104,971.70 TO COVER THE CONTRACT
COST AND $20,061.00 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $125,032.70; 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 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.
130 July 11, 1991
41. ACCEPT BID: SOLO CONSTRUCTION CORPORATION ($780,340) - FOR LOCAL DRAINAGE
PROJECT E-68 B-5585 (Project 352275) - EXECUTE CONTRACT.
Mayor Suarez: Item 24.
Commissioner Dawkins: I move it with pleasure.
Vice Mayor Plummer: I'm sorry?
Commissioner Dawkins: I move it with pleasure.
Mayor Suarez: With pleasure.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded with pleasure. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-529
A RESOLUTION ACCEPTING THE BID OF SOLO CONSTRUCTION
CORPORATION, IN THE PROPOSED AMOUNT OF $780,340.00,
TOTAL BID OF THE PROPOSAL, FOR LOCAL DRAINAGE PROJECT
E-68 B-5585; WITH MONIES THEREFOR ALLOCATED FROM THE
FISCAL YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE NO.
10782, PROJECT NO. 352275, IN THE AMOUNT OF
$780,340.00 TO COVER THE CONTRACT COST AND $137,799.00
TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $918,139.00; 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 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.
131 July 11, 1991
11
42. ACCEPT BID: LEWIS GREEN CONSTRUCTION, INC. ($89,700) - FOR SCATTERED SITE
HOUSING PROJECT - COCONUT GROVE - PHASE I (2 HOUSES) (THIRD BIDDING) B-
3241-A (Project 321034) - EXECUTE CONTRACT.
Mayor Suarez: Item 25.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-530
A RESOLUTION ACCEPTING THE BID OF LEWIS GREEN
CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF
$89,700.00, TOTAL BID OF THE PROPOSAL, FOR SCATTERED
SITE HOUSING PROJECT - COCONUT GROVE - PHASE I (2
HOUSES)(THIRD BIDDING) B-3241-A; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 321034,
IN THE AMOUNT OF $89,700.00 TO COVER THE CONTRACT COST
AND $6,877.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $96,577.00; 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.
Vice Mayor Plummer: I hope the City Attorney sees how fast this is going.
132 July 11, 1991
43. ACCEPT BID: APEX CONSTRUCTION ENTERPRISES, INC. ($131,250) - FOR
SCATTERED SITE HOUSING PROJECT - COCONUT GROVE - PHASE I (3 HOUSES)
(THIRD BIDDING) B-3241-B (Project 321034) - EXECUTE CONTRACT.
Mayor Suarez: Item 26.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved, seconded. Any discussion? If not, please call the
ro 11 ,
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-531
A RESOLUTION ACCEPTING THE BID OF APEX CONSTRUCTION
ENTERPRISES, INC., IN THE PROPOSED AMOUNT OF
$131,250.00, TOTAL BID OF THE PROPOSAL, FOR SCATTERED
SITE HOUSING PROJECT - COCONUT GROVE - PHASE I (3
HOUSES)(THIRD BIDDING) B-3241-B; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 3210349
IN THE AMOUNT OF $131,250.00 TO COVER THE CONTRACT
COST AND $9,513.00 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $140,763.00; 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
133 July 11, 1991
z
44. (A) VICE MAYOR PLUMMER REPORTS ON UNSUCCESSFUL ATTEMPTS TO MEET WITH
T14E SUPERINTENDENT OF THE SCHOOL BOARD.
(B) *,USSION CONCERNING IMPROVED RELATIONSHIP BETWEEN THE SCHOOL
AND THE CITY COMMISSION.
(C) COMMISSION SHARES WITH MRS. JANET McALILEY THE IMMINENT DANGER
CREATED BY PUBLIC SCHOOL BUSES WHEN PICKING UP CHILDREN ON MAIN
ARTERIALS RATHER THAN ON SIDE STREETS.
(D) COMMISSION REFERS SCHOOL BOARD REPRESENTATIVE TO MEET WITH A
CITY ZONING OFFICIAL CONCERNING THE NEED TO REQUEST PERMISSION
BEFORE SCHOOL BOARD CONTEMPLATES CHANGES WITHIN MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP).
-------------------------------------------------------------------------------
Mayor Suarez: The chair recognizes the vice chairman of the school board, and
wonders out loud if her meeting yesterday went as well or - Tuesday? -
Wednesday - went as well as ours is going today. And also, wants to inform
you that today we began... we took steps to implement one of your procedures,
which is to permit public hearings only after certain hour of the day, or
public input.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Vice Mayor Plummer: Janet, would you come up.
Mayor Suarez: Or if you want to tell us what item it is that you're here on,
you know, depending on how close we are to it, we'd like to proceed quickly to
it.
Vice Mayor Plummer: It's not on the agenda.
Ms. Janet McAiiley: You're right, it isn't on the agenda yet. Yesterday we
did talk about the Performing Arts Center, Mayor. I presume you were
referring to that, and the board voted to have the superintendent develop
recommendations and bring it back to us for full discussion at our July 24th
meeting. I'm here today because yesterday we also passed a resolution
regarding the closing of the streets by Miami Jackson Senior High School. And
our staff is on the way over with copies of that resolution, and when the time
is...
Mayor Suarez: This is that nicely worded resolution that sort of suggests
this would be a good idea. Not one that...
Vice Mayor Plummer: Well, Mr. Mayor, as you're aware, this item is not on the
agenda, and cannot be taken up today. The Commission asked me to meet with
the superintendent. I have endeavored to reach the superintendent which,
unfortunately, the first time he was out of the office for the day. The
second time I tried to reach him, he was giving a speech, and I realize he's a
very busy man, and since it was not on the agenda, I didn't press for it
assuming that it was going to be logically on the 25th of this month. And I
still would pursue that matter for the 25th. So that's where it's at.
Ms. McAiiley: The superintendent is in Washington today, Vice Mayor, and I
don't know, 1 don't keep his calendar, naturally. But...
Vice Mayor Plummer: I'll get his father-in-law to get me an appointment.
Ms. McAliley: Good, that would probably be very effective. We are very
anxious though to get that Miami Jackson property secured. We have a major
construction program going on there, and we really need to work this out with
the City...
Vice Mayor Plummer: Madam vice chairman, I want you to know that it will be
worked out. And in the same way that your board instructed the superintendent
by Mr. Renick's motion, to make available the Donn Building to the City of
Miami, either giving it to us or a $1 lease which you all... and he nice and
politely turned to you and said, please give me the latitude of negotiating
with the City. I want to give him that latitude, because I think that we can
use that building, as I understand that you've had the building vacant for a
couple of years. And all I'm asking for, as I've asked from day one, is
134 July 11, 1991
r]
LIA
something in return. Now, I will tell you, and I'm going to be very blunt. I
cannot accept the terminology that was used by one of your board members
yesterday.
Ms. McAliley: I'm not sure I know what you're referring to.
Vice Mayor Plummer: Well, let me remember to you his language that says that
he demands that the City of Miami comply. That we're not kidding around, and
we're not going to get kicked around. Now, I praise your board member who
told him she would only vote for that if he did it in a diplomatic form, and
I'm hoping that my colleagues are not going to be put under demand by anybody.
And if the diplomatic language is forthcoming in the resolution, I hope that
Octavio and I can sit down, work this matter out - which I'm sure that we
can - and that's all.
Commissioner Dawkins: What board member made that statement?
Vice Mayor Plummer: Sir, you watch cable like I do.
Commissioner Dawkins: No, I don't. I don't have cable. I can't afford it.
Vice Mayor Plummer: I don't want to mention any names, all right? I'm just
saying...
Commissioner Dawkins: Hey, you don't have to. I can get the board minutes.
That ain't no problem. I can get a copy of the minutes. I'll know who said
it.
Ms. McAliley: There were... that particular board member had a short fuse
throughout the meeting. Not just relative to the City of Miami.
Vice Mayor Plummer: 1 ap...
Mayor Suarez: You have a board member that has a short fuse?
Ms. McAliley: Right.
Commissioner Dawkins: Like Miller Dawkins'?
Commissioner Alonso: They also have things like that.
Vice Mayor Plummer: I also liked the board member who made the comment that
my mother always used to make, "You get a lot more with honey than you do with
vinegar."
Ms. McAliley: Yes. Well, I...
Vice Mayor Plummer: Rest assured the matter will be resolved. All I'm asking
is to sit down with the superintendent, as you folks instructed him. Now, I
asked my Manager again today, has the superintendent contacted about the
building, the Donn Building, and his answer was, on the record, OK? So I
think that that's agreeable. We can work it out. I think the City can put
that Donn Building to very good use, since you're not using it, I understand
that it's been vacant for a period of time. And if we can work those
particulars out, we might even be able to help the Mayor out of his problem
with the homeless.
Commissioner Alonso: May I take the opportunity also to make reference to a
very nice meeting that I had with Mr. Viciedo at which time, about ten days
ago, we had the opportunity to discuss the situation of the school system in
the City of Miami. And it was a very pleasant opportunity by which I think we
are going to stress the working relationship with the school board, which is
very important to us in the City of Miami. We addressed problems of some
specific schools like Riverside, Douglas, Buena Vista, and Southside. And I
also had the opportunity to mention some problems as I see it within the
school system. He was glad that I brought that to his attention. And I see
as a very nice opportunity to start working more closely together. Also, he
mentioned to me the possibility of working with the Police Department, and
something Mr. Odio would like to hear, that perhaps we can organize - and it's
done now, but in an informal way - but something that we should look in a more
formal fashion. Many of our police officers complete reports sitting in front
of the school. Rather than doing so, we can arrange that they will be given
135 July 11, 1991
the opportunity to use a small office in which they will have air condition.
It will not be extra expense for the City of Miami or the school system, and
that way we will have the visibility of a police in our schools that is very
much needed. Also, perhaps at lunch time in some occasions, it could be
arranged that they go and have lunch. They say in an informal way, it's done
all through the City. Maybe we can work out some sort of program, and I'm
sure the Police Department will look at this with good eyes as well.
Ms. McAliley: We have been talking with the police chiefs, Commissioner
Alonso, about welcoming them into the schools for a quiet place, if,
hopefully, they would like to eat lunch in the school cafeterias, have a cup
of coffee, something. Know that this is a welcoming place for them.
Commissioner Alonso: Yes.
Ms. McAliley: We certainly want to cooperate with the City. None of us have
enough resources now to do all the things our constituents need us to do, so
we've got to pool our resources, both material and spiritual, and address our
mutual problems. Am I correct then that this resolution will not be heard
today, but would be on agenda...
Vice Mayor Plummer: We will accept it today, for the 25th.
Ms. McAliley: ...on the 25th.
Vice Mayor Plummer: As you indicated to them yesterday.
Ms. McAliley: And so we will... I'm not sure whether I'll be here, but
someone representing the school system will be here. But I would greatly
appreciate your attention to...
Vice Mayor Plummer: Can you help me get a meeting with Octavio?
Ms. McAliley: I most certainly will.
Vice Mayor Plummer: Thank you.
Ms. McAliley: And as an old Miami Jackson General, I hope that you will take
care of that...
Vice Mayor Plummer: You struck blood to Miami High Stingeree.
Ms. McAliley: Take care of my alma mater there, and...
Commissioner Alonso: And the numbers are getting closer. You have one, two,
and maybe it will be three.
Vice Mayor Plummer: Yes. May I congratulate your resolution writer and thank
Rosa Feinberg for getting this put into diplomatic language, rather than the
initial language.
Ms. McAliley: Well, you can see it's quite discreet.
Vice Mayor Plummer: Yes.
Ms. McAliley: To the point, but discreet.
Vice Mayor Plummer: The way it should be.
Ms. McAliley: All right.
Vice Mayor Plummer: Would you like to take just a minute and explain to my
colleagues another matter? And that other matter is that your superintendent,
rightfully, brought to your board yesterday the problems relating to police
matters and what is going to have to be. Because I had a sense, and I'm not
saying that it's right or wrong, that the school board is about to take a -
what was Dr. Crop's wording? That we need to create an era of excitement.
Was that his wording? To bring about some kind of resolution. The school
board...
Ms. McAliley: We're very worried about school violence. You know, someone
was shot at...
136 July 11, 1991
LJ
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Vice Mayor Plummer: Yes, it came up during that period.
Ms. McAliley: ...Miami Edison earlier this week, which is located in the City
of Miami. And there have been a number of shootings - I think that's the
second one at Edison - since the first of this year.
Vice Mayor Plummer: OK, can I tell you a problem existing to work on? I
think Mr. McAllister is your head of security. When that shooting occurred -
was it yesterday? -or day before yesterday?
Ms. McAliley: It was Tuesday.
Vice Mayor Plummer: OK. My Miami Police Department was held at bay for
almost an hour by virtue of the indication that this was on school board
property, and they would handle the matter and I think that that is creating
one hell of a problem. Now, I don't know whose jurisdiction it is, when you
have my people there in great numbers waiting to move in and try to do what is
necessary, and being told by the school board that this is school board
property, you have no jurisdiction here, I think we need to resolve that issue
to bring about the conclusions that we want. So I would hope that you would
address that issue.
Ms. McAliley: I had not heard that at all, Commissioner Plummer, and will
definitely pursue that. I know that has not been our attitude in the past
with serious crimes. In fact, there are certain crimes that are turned over
totally to investigation by the City or the County. This is especially true
of sexual battery cases.
Vice Mayor Plummer: Can I take a point of one more minute? This is me
personally speaking, not the Commission. May I urge the school board that you
look into the matter, and I'm going to use one school in particular. I think
there is a dangerous situation existing on Bird Road. When the school buses
bring and pick up children from Coral Gables, they do it on a main arterial
that is a very heavily traveled arterial. I think the school board should try
and find, as I have thought, that those school buses should unload either on a
side street, which is not so busy, or even on the back of the field where
there is no traffic to create a problem. There have been some children that
were hurt as they were trying to get in and around those buses that are great
in number. And I would only urge you to look into the matter to see if the
picking up and the discharging of those children can be done away from a main
arterial where it's presently being done.
Ms. McAliley: All right, I'll certainly advise them of that. You know, we
have a major construction project beginning at Coral Gables Senior High
School. We're adding a whole new wing there. So probably the traffic
problems will be exacerbated during the construction period because that's
going to involve one whole side of the school.
Vice Mayor Plummer: Well, this is where the practice has been where they have
used Bird Road for time and eternity.
Ms. McAliley: Right. But we'll... We won't have the...
Vice Mayor Plummer: The thing that also - is Mr. Olmedillo here? I think you
have a problem that has not been addressed, and I'll ask you to look into it.
In Florida State Statutes under the new master plan - Mr. Jorge, I sent you
the material - you cannot expand a school without going through the master
plan and you've already been doing it. To my knowledge, you've not complied
with the law, and would you see this gentleman here with the ugly face. He
will be glad to impart to you what is the proper procedure, and, hopefully,
keep you out of trouble and the master plan out of trouble.
Commissioner Dawkins: Mr. Mayor... Are you finished, Commissioner Plummer?
Vice Mayor Plummer: Sir, I'll be glad to listen to your melodious voice which
will put me to sleep.
Commissioner Dawkins: Thank you...
Mayor Suarez: In which sense are you asking him if he's finished?
137 July 11, 1991
Commissioner Dawkins: D-E-A-D.
Vice Mayor Plummer: Ohhhhh, you're getting rough in your old age.
Mayor Suarez: Madam vice chairman...
Commissioner Dawkins: Madam vice chairman, I would like to say...
Mayor Suarez: ...we have interrupted you many many times. I guess this is
the last one, and then we'll let you speak.
Commissioner Dawkins: Oh, I thought... Are you finished, Janet?
Ms. McAliley: Yes, I'm now taking your concerns down, writing them diligently
here.
Commissioner Dawkins: All right. I would like to say...
Mayor Suarez: You came to give abuse and instead you're taking it. All
right, Commissioner Dawkins.
Commissioner Dawkins: I would like...
Ms. McAliley: Are you sure you wouldn't like to reconsider this resolution?
We could resolve all of our business right here.
Commissioner Dawkins: I would like to say - and I'd like for you to take back
to the superintendent - that the gentleman standing back there in the door has
been down here, and each time that he has come, he has been both courteous and
professional. At no time did he exercise anything but professionalism, and
the superintendent should be commended for it.
Ms. McAliley: I know he will be happy to get that message, Commissioner
Dawkins. Anything else anyone has for the school board?
Vice Mayor Plummer: We wish you well, even though you did graduate from
Jackson.
Ms. McAliley: Thank you. We'll be back on the 25th, and I'll...
Vice Mayor Plummer: I don't think you have to come back.
Ms. McAliley: I'll follow up on these other issues.
Vice Mayor Plummer: Assuming the matter is resolved, I don't need any of your
staff here. Even that kind and courteous gentleman.
Ms. McAliley: All right.
Commissioner Alonso: We are so used to him by now we would like to have him
around.
Mayor Suarez: I've been referring to him as the guy that looks like his last
name should Gomez or something, and know it's Levine, right? Right. There we
go.
Commissioner Alonso: Yes.
Ms. McAliley: Well, that's just another celebration of our diversity here,
right?
Mayor Suarez: There you go, right.
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July 11, 1991
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45. ACCEPT BID: LEWIS GREEN CONSTRUCTION, INC. ($94,460) - FOR SCATTERED SITE
HOUSING PROJECT - MODEL CITY - PHASE IV (2 HOUSES) (THIRD BIDDING) B-
3242-A (Project 321034) - EXECUTE CONTRACT.
Mayor Suarez: OK, item 27.
Vice Mayor Plummer: Move it.
Mayor Suarez: Did we do that already, Madam City Clerk?
Commissioner Dawkins: Second.
Ms. Hirai: Twenty-seven is correct, Mr. Mayor.
Mayor Suarez: Twenty-seven we did or we didn't do?
Commissioner Dawkins: No, we did 26.
Ms. Hirai: We have not done it, no.
Mayor Suarez: All right, 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. 91-532
A RESOLUTION ACCEPTING THE BID OF LEWIS GREEN
CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF
$94,460.00, TOTAL BID OF THE PROPOSAL, FOR SCATTERED
SITE HOUSING PROJECT - MODEL CITY - PHASE IV (2
HOUSES)(THIRD BIDDING) B-3242-A; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 321034,
IN THE AMOUNT OF $94,460.00 TO COVER THE CONTRACT COST
AND $7,120.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $101,580.00; 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
139 July 11, 1991
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46. ACCEPT BID: APEX CONSTRUCTION ENTERPRISES, INC. ($131,250) - FOR
SCATTERED SITE HOUSING PROJECT - MODEL CITY - PHASE IV (3 HOUSES) (THIRD
BIDDING) B-3242-B (Project 321034) - EXECUTE CONTRACT.
-------------------------------------------------------------------------------
Vice Mayor Plummer: Move 28.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion on 28? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-533
A RESOLUTION ACCEPTING THE BID OF APEX CONSTRUCTION
ENTERPRISES, INC., IN THE PROPOSED AMOUNT OF
$131,250.00, TOTAL BID OF THE PROPOSAL, FOR SCATTERED
SITE HOUSING PROJECT - MODEL CITY - PHASE IV (3
HOUSES)(THIRD BIDDING) B-3242-B; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 321034,
IN THE AMOUNT OF $131,250.00 TO COVER THE CONTRACT
COST AND $9,513.00 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $140,763.00; 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
47. AUTHORIZE MANAGER TO: (a) EXECUTE MEMORANDUM OF AGREEMENT, AND (b)
SUBSEQUENTLY EXECUTE JOINT PARTICIPATION AGREEMENT WITH STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION (DOT) TO ENABLE THE CITY OF CONDUCT
PRELIMINARY ENGINEERING OF BISCAYNE BOULEVARD NEW WORLD DESIGN PROJECT
FOR THE $1,700,000 DESIGNATED FUNDING.
Mayor Suarez: Item 29.
Vice Mayor Plummer: Mr. Manager, where is this money coming from?
Commissioner Dawkins: This is a grant from the State of Florida.
Vice Mayor Plummer: Where is the 1.7 million coming from?
Dr. Luis Prieto: The 1.7 of the Burle Marx is...
Mr. Odio: That's the grant we received from the federal government.
140
July 11, 1991
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Mr. Prieto: Yes, right.
Mr. Odio: That's a grant.
Vice Mayor Plummer: And under that proposal, how much of that plan would that
implement?
Mr. Odio: No, that's only design and engineering.
Vice Mayor Plummer: That's only design, but...
Mr. Odio: Only design.
Vice Mayor Plummer: All right, then my question is, after we do design, where
is the money going to come from to do the implementation?
Mr. Odio: We have... This is... We have a preliminary commitment for a first
phase.
Vice Mayor Plummer: I ask you again...
Mr. Odio: Where is the money coming from?
Vice Mayor Plummer: ...once the design is finished, where is the money going
to come from for implementation?
Mr. Odio: Federal government, Washington.
Vice Mayor Plummer: A hundred percent.
Mr. Odio: That's what we're hoping for. We'll do... Wait, let me...
Vice Mayor Plummer: No, no, no, no, don't hope for.
Mr. Odio: Let me explain.
Vice Mayor Plummer: The way they've been going there.
Mr. Odio: Let me explain. We will do phases as we get monies. If we get
three million dollars, we'll do one phase. If we get ten, we'll do two
phases. We will do as much money as we get.
Vice Mayor Plummer: OK, what you're saying to me is that it's not going to be
out of the taxpayers of this City.
Mr. Odio: That's what we're... yes.
Vice Mayor Plummer: That's what I wanted to hear. I move the item.
Mr. Jorge Fernandez: But, Mr. Mayor, before you vote on this item...
Vice Mayor Plummer: Well, wait a minute, you're out of order. I moved the
item. Is there a second?
Commissioner Alonso: Second.
Vice Mayor Plummer: OK, no, sir.
Mr. Fernandez: Point of clarification. I'm sure that the department would
like to clarify that the item that you're voting on today is a little bit
different than that which was included in your package. When this item went
to print, the information we had at that time was what we gave to the printer.
Since then, we have gotten information that now we can collapse what would
have been a two-step process that would have required a second contract.
We've all collapsed it into this one agreement, and so now... Am I correct?
Mr. Prieto: That's correct. That's correct.
Mr. Fernandez: So, actually what you're passing on today is a resolution
that... Let me just read the title, because it's a little bit different than
the title you have here that modifies and simplifies the process.
141 July 11, 1991
El
LA
THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Vice Mayor Plummer: That's exactly what I moved.
Mr. Fernandez: OK, that's right. But what's in your package was a little bit
more convoluted, because it made reference to another process later on on
another contract and another agreement.
Vice Mayor Plummer: Are you still calling collect from Sarasota?
Mr. Fernandez: No, but if they don't put it on the record, I have to put it
so that Matty Hirai doesn't get upset with us later.
Mr. Prieto: Mr. Attorney, I think they have the new package before them.
Vice Mayor Plummer: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-534
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE MEMORANDUM OF AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE
OF THE CITY CONDUCTING THE PRELIMINARY ENGINEERING OF
THE BISCAYNE BOULEVARD NEW WORLD DESIGN PROJECT FOR
THE $1,700,000 DESIGNATED FUNDING.
(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.
48. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD
(Appointed were: Robert Grill, Earl Wiggins and Adrian Ferradaz. Two
appointments still pending and assignment of terms of office still to be
made by Commissioners.
------------------------------------------------------------------------------
Mayor Suarez: Item 31, Nuisance Abatement Board. I've got a nomination for
Robert Grill, 764 N.E. 73rd Street.
Vice Mayor Plummer: My appointment, proffered by the Roads Association, is
Mr. Earl Wiggins, W-I-G-G-I-N-S.
Mr. Jorge Fernandez: Who was yours, Mr. Mayor?
Mayor Suarez: Bob Grill, G-R-I-L-L. I would appreciate if I didn't get any
more memos from the City Clerk asking me who these people are, particularly
when they're well known people. That's for them to figure out.
Vice Mayor- Plummer: Mr. McBride will furnish the address of Mr. Wiggins.
Unidentified Speaker: Four twenty-eight...
142 July 11, 1991
Vice Mayor Plummer: You will supply it.
Mayor Suarez: Thank you. Any other nominees?
Commissioner Alonso: Yes, Adrian Ferradaz.
Mayor Suarez: OK, Mr. Ferradaz. All right, as to those nominees, I'll
entertain a motion.
Vice Mayor Plummer: How many... Do we have, more than one per Commissioner?
Mr. Fernandez: No, only one.
Commissioner Alonso: One?
Vice Mayor Plummer: Yes.
Mayor Suarez: As to those nominees, moved. And the others to be named later.
Vice Mayor Plummer: I move the items proffered be adopted.
Commissioner Alonso: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-535
A MOTION APPOINTING INDIVIDUALS TO SERVE AS MEMBERS OF
THE NUISANCE ABATEMENT BOARD:
Robert Grill
Earl Wiggins
Adrian Ferradaz
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.
Vice Mayor Plummer: Cesar, before you do any, I need to talk to you. What's
happening? Hello? Where are we? Can I ask a question before we move on?
Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: I understand that there is insufficient funds of the Code
Board for legal advisor, and we need to add funds to take them through to the
end of the fiscal year.
Mr. Fernandez: Mr. Rodriguez and I have been discussing that item.
Vice Mayor Plummer: Would you be bringing it forthcoming?
Mr. Fernandez: We will be bringing it to you if, in fact, there is a
deficiency.
Vice Mayor Plummer: All right.
Mr. Fernandez: But that has not yet been determined.
143 July 11, 1991
Vice Mayor Plummer: Would you let me know please?
Mayor Suarez: Item 34.
Mr. Herb Bailey: On 34, Mr. Mayor, Al Cardenas was here, and he wanted to
speak on the item. I did tell him that probably it wouldn't be heard until
4:00 o'clock, and he's...
Mayor Suarez: OK, we'll table it for a little while, Herb.
NOTE FOR THE RECORD: At this point item 34 was
temporarily tabled.
--------------- ------------------ ------- --------------------------------------
49. RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVE REQUIREMENT FOR
COMPETITIVE BIDDING - APPROVE PURCHASE OF MICROWAVE SYSTEM FOR MUTUAL AID
RADIO LINK BETWEEN CITY OF MIAMI AND CITY OF MIAMI BEACH POLICE
DEPARTMENTS - FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC.
($17,000 - Law Enforcement Trust Fund, Project 690001).
Mayor Suarez: Item 35.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Mr. Jorge Fernandez: Public hearing.
Mayor Suarez: Does anyone wish to be heard on item 35? Let the record
reflect no one stepped forward. Call the roll.
Mr. Fernandez: And it requires 4/5ths.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-536
A RESOLUTION RATIFYING, CONFIRMING AND APPROVING, BY
AN AFFIRMATIVE VOTE OF 4/5TH OF THE MEMBERS OF THE
CITY COMMISSION, THE CITY MANAGER'S FINDING OF SOLE
SOURCE, THEREBY WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF
A MICROWAVE SYSTEM FOR A MUTUAL AID RADIO LINK BETWEEN
THE CITY OF MIAMI AND CITY OF MIAMI BEACH POLICE
DEPARTMENTS, AT A TOTAL PROPOSED COST OF $17,000.00,
FROM MOTOROLA COMMUNICATIONS & ELECTRONICS, INC., WITH
FUNDS THEREFOR BEING ALLOCATED FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 690001, INDEX CODE
290956-840, SUCH COSTS HAVING BEEN APPROVED BY THE
CHIEF OF POLICE; 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 De Yurre, the resolution was passed
and adopted by the following vote:
144 July 11, 1991
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayon Xavier L. Suarez
NOES: None.
ABSENT: None.
--------------------------------------------------------------------------------
50. AUTHORIZE SUBMISSION OF AMENDMENT TO APPROVED 17TH YEAR CDBG PROGRAM
FINAL STATEMENT TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) - TO REFLECT PROPOSED ALLOCATION OF $5,000,000 FOR A COMMUNITY
DEVELOPMENT FLOAT LOAN (TO N.B. REALTY) DURING 1991-92 PROGRAM YEAR (See
label 52).
------------------------------------------------------------------------------
Mayor Suarez: Item 36.
Vice Mayor Plummer: Move it.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion on 36? If not, please call
the roll.
Mr. Jorge Fernandez: Public hearing.
Mayor Suarez: Does anyone wish to be heard on the item at 36?
Vice Mayor Plummer: Let the record reflect that no one came forward.
Mayor Suarez: Certainly have a good sense of timing there, Mr. Braman.
Vice Mayor Plummer: He's 37.
Mayor Suarez: Call the roll on 36.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-537
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED SEVENTEENTH (17TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT A PROPOSED ALLOCATION OF
FUNDS IN THE AMOUNT OF $5,000,000 FOR A COMMUNITY
DEVELOPMENT "FLOAT LOAN" DURING THE 1991-92 PROGRAM
YEAR, SUBJECT TO THE AVAILABILITY OF FUNDS, AND TO
REFLECT A TECHNICAL INCREASE IN REVENUES BY SAID
AMOUNT PLUS INTEREST ON SAID AMOUNT AT THREE PERCENT
(3%), FOR A PERIOD OF TWO (2) YEARS; FURTHER DIRECTING
THE CITY MANAGER, UPON APPROVAL OF SAID AMENDMENT BY
HUD, TO BRING BEFORE THE COMMISSION FOR ITS REVIEW AND
APPROVAL ALL NECESSARY AGREEMENTS FOR A PROPOSED LOAN
TO N.B. REALTY, A FLORIDA GENERAL PARTNERSHIP.
(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:
145
July 11, 1991
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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.
-------------------------------------------------------------------------------
51. (A) DISCUSSION CONCERNING PROPOSED EXECUTION OF AGREEMENT WITH N.B.
REALTY TO PROVIDE A COMMUNITY DEVELOPMENT FLOAT LOAN OF
$5,000,000 (See label 53).
(B) COMMISSIONER ALONSO EXPRESSES DISPLEASURE ABOUT COMMENTS MADE BY
CITY STAFF PERSON ON THE RADIO.
Commissioner Dawkins: You know, while Mr. Braman is here, I didn't intend to
say it, but I'll say it. You know, somewhere along the lines this CD
(Community Development) float grant should be explained to the public. This
grant was made available - thank you - by the federal government.
Mayor Suarez: They set the parameters...
Commissioner Dawkins: And they set the guidelines and the parameters for
which it could be done. You will never find one of these loans being given to
a small businessman in that any amount that you borrow must be on demand. And
it can be called in 24 hours.
Mayor Suarez: It must be guaranteed.
Commissioner Dawkins: It must be guaranteed. So, therefore, here's a
gentleman who wants to do something, and if you look at the building across
the street from his showroom, he already did that. We lost Fincher, we lost
Sheehan Buick, and all the do-gooders are saying, you ought not to do this,
but not a one of them have gone in there to buy any property or do anything.
So I commend you for wanting to remain where you are and help us build the
City, and you can count on this Commission to assist you to revitalize that
area.
Vice Mayor Plummer: Now, about Miller Dawkins' new Rolls Royce.
Commissioner Dawkins: No, the Miami Herald said - hold it, hold it. Somebody
said the Miami Herald said Braman gave me a Cadillac for voting for this. No
problem.
Mayor Suarez: If so, it hasn't arrived yet. Counselor, I'm sure you know
enough to know when things are going your way, right?
Steve Helfman, Esq.: I do. But I do want to...
Commissioner Dawkins: You'll lose it. You'll lose it. Go ahead.
Mr. Helfman: Commissioner, I do know when things are going my way, but there
is one issue that I think you're all aware of with regard to this loan, that
we really need to address. And that is, the term of the loan and the interest
rate. The interest rate is more than fair, and it's acceptable to us.
Commissioner Dawkins: What's your recommendation, Mr. Bailey?
Mr. Herb Bailey: Well, Commissioner, we've included in the packet what we, at
the time, had as a recommendation, however, we have had several discussions
since this item was prepared. And I had suggested to the counselor for Mr.
Braman that we would permit him to suggest or talk about an alternative which
we are in agreement with to this Commission.
Commissioner Dawkins: You are in agreement with it.
Mr. Bailey: With the alternative.
3 146 July 11, 1991
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Commissioner Dawkins: Mr. Manager, you in agreement with it, Mr. Manager?
OK, go ahead, tell us what it is now.
Vice Mayor Plummer: What is the alternative?
Mr. Helfman: The alternative is that we pay three percent, but that the
interest be paid gradually. In years one and two, it would be at 1 percent.
In year three, it would be at 3 percent, and years 4 through 7, it would be at
four percent. But over the term of the loan, which is the second change, it
would be a three percent loan. The average, over the term, comes out to three
percent. It allows us the benefit of paying a lower interest in the earlier
years, and a higher interest in the later years.
Vice Mayor Plummer: Well, let me ask you a question. As I recall, the
problem existing when this loan was given out before, you cannot give a
guaranteed four years.
Mr. Bailey: We're not asking for....
Mr. Odio: No, we aren't...
Vice Mayor Plummer: As my understanding from the previous recipient of this
loan...
Mr. Odio: It can be recalled at any time, that's...
Vice Mayor Plummer: No, it's not the matter of recall, but it has to be done
in two year segments.
Mr. Bailey: That's not a regulation, Commissioner.
Mayor Suarez: We did the other one in three year segments, but it didn't have
to be done that way, Herb?
Mr. Bailey: No, what can be done here, of course, is at our discretion in
terms of the amount of time we permit for the term of the loan. But as long
as the 48 hour call up provision is there with the revocable letter of credit,
that is always in place. But there's no time frame that I know of in the
regulation that says it has to be two, or three, or Four...
Vice Mayor Plummer: Well, the only question, Herb, is there written into the
guarantee that let me assume that the second year, for whatever reason, we
call the loan, that the full percentage of 3 percent would be over the 2 year's
rather than stretched out and not paid until the 4th year.
Mr. Odio: What he's saying, I agree with. In other words, Steve, if you've
got a 1 percent the first year, a two percent the second year. Let's say, the
note...
Mayor Suarez: We get to recapture a full 3 percent equivalent during the time
that the loan was in effect.
Vice Mayor Plummer: That's the equivalent of 3 percent on the time that you
have the money.
Mr. Odio: If you want to pay it... Let's say, you want to pay it back
immediately, you base it on three percent at that time. If you don't recall
it, then...
Mayor Suarez: Would that be acceptable? In the event of a recall of the loan
or calling in of the loan, that we would get to recapture the full equivalent
of 3 percent during the time that it was available?
Mr. Helfman: Absolutely. Absolutely.
Vice Mayor Plummer: But, I mean, is that written in and understood?
Mayor Suarez: Norm, if you want to speak, come up to the mike please.
Mr. Norman Braman: I'm prepared to go...
147 July 11, 1991
Commissioner Dawkins: Give name and address. Name and address...
Mr. Braman: Norman Braman, 4777 Pine Tree Drive, Miami Beach. I'm prepared
to go all the way with this. Let's go three percent from year one.
Mayor Suarez: I thought he had said last night to me when he sneaked into my
office that you were going to do it that way. That may have been just as
well.
Commissioner Dawkins: You know, I... no, you know what? I can understand
your wanting to do that. And if this area was an area that was thriving, and
was an area that business was booming, and that we would do it, I can
understand that. But you are putting out money that's going to take time to
get back, and we're here quibbling because you want to take your money and
revitalize the area, and we are allowing other people who aren't doing a damn
thing to dictate behavior. I mean, you're not begging for nothing. You don't
need anything. You're just trying to help the City of Miami to revitalize an
area that needs revitalization. We jerked Mr. Sheehan around. Mr. Sheehan
had a project for $50,000,000 to put right there by the Omni. Because of the
City administration and the City Commissioners, the man has no investors. All
his investors backed out on him. So that project didn't get through. So now
here's a man who wants to stop me from going all the way to 29th Street and
5th Avenue to look at cars, and put some cars right there at the showcase to
save me the time from going over there, and we're arguing about a one percent
interest?
Vice Mayor Plummer: Hell, who's arguing about that?
Commissioner Dawkins: What are we arguing about then?
Vice Mayor Plummer: We're not arguing. I'm asking, is the provision there,
if the loan were to be called in less than the provide four years, that the 3
percent would be due and payable.
Mayor Suarez: We would recapture the 3 percent during the time of the...
Vice Mayor Plummer: Exactly. That's all.
Mr. Bailey: I just have to remind the Commission that the calling of the loan
is our option, and not Mr. Braman's.
Mayor Suarez: Right. Norman, why don't you leave it the way we were heading.
Since it's never going to be worse than your magnanimous offer. You know, if
we do call it, we get 3 percent. I mean, it's not going to be worse than what
you've just suggested. What about, there's a sense that - and I'm sure that
the answer to this is what I hope it is - that you're employing many people.
That they, in fact, reflect the ethnic distribution of the City of Miami to a
great extent. Perhaps more than any other employer, and that they are, in
fact, City of Miami residents. Do you have any breakdown at all on how many
are City of Miami residents?
Mr. Braman: You know, what we can do, Mr'. Mayor, is...
Mayor Suarez: Because I've been there and I've seen them and you've, over the
years...
Mr. Braman: What we can do is basically estimate. At one time, when before
the problems, major problems, developed in the area, we used to employ close
to 275 people down at 20th and Biscayne Boulevard. And I might add that if
s one did a survey of our employee, you would find that our basic employee lives
in the City of Miami, and represents very well a cross section of the
population of the City of Miami. We're not... this isn't just going to be a
luxury car center. We are in negotiations now to add other franchises, as
many as six or seven additional franchises, down at 20th and Biscayne
Boulevard. Franchises that will cover the entire cross section of the public,
both in the popular price range and all the way up to the luxury range. And I
may add just one other small thing too, because I know so many people are
concerned with the problems that the City has in meeting its commitments as
well. This is not City money, this is not money that the taxpayers of the
City of Miami have paid. In fact, if one looks at the basic merits of this
proposal, the City of Miami will be receiving approximately one million
dollars during the term of this loan. And that money can be used for many
148 July 11, 1991
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worthwhile purposes of which, I'm sure, you all have a very long laundry list
to utilize this money. If these monies were not loaned to us, basically the
City would be out one million dollars, forgetting about all the other benefits
of taxes and employees of creating the first major development in that entire
area, both on Biscayne Boulevard and N.E. 2nd Avenue. People don't understand
that we're building on N.E. 2nd Avenue approximately almost all the way back
to the railroad tracks. So it's a risky project, it's a project that I bear,
personally, the entire risk. This loan, this federal loan, is secured by an
irrevocable letter of credit. It's not even a letter of credit that I can
withdraw. It's secured for the entire term of the loan by this irrevocable
letter of credit by a major bank satisfactory to the City administration. So,
I must tell you, for those individuals who have voiced trepidations about this
entire project, no one has more personal trepidations from a business
standpoint than I do. I don't think this will be an easy deal at all, but
20th and Biscayne Boulevard has been very good to Norman Braman. While we've
had substantial problems over the last three years, the profits and that
business is greatly responsible for where I am today. So, I think this will,
hopefully, be the type of endeavor that wi l l bring life to that area again.
And perhaps use this as a model throughout the City of Miami.
Mayor Suarez: May we assume that vacancies for new staff, for additional
staff, you will try to fill them to the extent possible with City of Miami
residents?
Mr. Braman: As we always have done, Mayor Suarez. We estimate that if we
succeed in our plans, we'll be able to employ somewhere between five and six
hundred people on an ongoing basis down at 20th and Biscayne Boulevard.
Mayor Suarez: You're an astute businessman...
Commissioner Alonso: Yes.
Mayor Suarez: ...and you've got at least one supporter back there.
Vice Mayor Plummer: Would you like to bring the Eagles to the Orange Bowl?
Commissioner Alonso: That's wonderful. Mr. Mayor, if I may.
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: I'd like to make some comments for the record, and I'm
delighted that the Mayor precisely asked some of these questions, and that Mr.
Braman was able to respond about the number of employees and the components
and so on. Because I was very disturbed to hear that this morning precisely
one assistant of Mayor Suarez went on radio and I bring this item and I bring
these points that I'm going to make, because my name was used, and I find that
it's important. And also comments were made on that radio talk show that I
think are very offensive to Mr. Braman, who is a man who has provided
opportunities for citizens of Miami and he is a respectable citizen and I
don't think that's deserved at all. I'd like, on the record, to ask some
questions and to receive some answers from the staff, so that we leave this
very clear. I don't think it's fair that we, as a Commission, are portrayed
as people who are trying to do something that is not clean or that Mr. Braman
is doing so. Mr. Braman was called at that talk show that he was anti -Cuban.
I don't believe he is. The decision taken here today has nothing to do with
that. But it's unfair that he is called that way. Also, it was mentioned the
fight against the one cent. It has nothing to do with that. As a matter of
fact, as I recall, the Mayor was in the same side that Mr. Braman was against
the one cent. I was too, and it happens to be that...
Mayor Suarez: We're almost always on the same side...
Commissioner Alonso: ...that assistant was also with us at that time, against
the one cent. Also, it was said in that program, that this item was not in
the agenda. For the record, the number is 37. It has been published, and
it's part of our agenda. I think it's not right to give the wrong information
to the public, because it creates a feeling, very negative feeling, in our
community. And I think it's unfair to business people...
Vice Mayor Plummer: Bless you, my son.
149
July 11, 1991
Commissioner Alonso: ...to the members of this Commission and to everyone
concerned. The City of Miami, Mr. Bailey, and I'd like you to answer this
question for me, can we go and use the money to revitalize the area of the
northeast? Will the federal government allow us to use that money and do it
as we please to improve the area?
Mr. Odio: No, no. No, we cannot.
Commissioner Alonso: We cannot. Thank you, sir.
Mr. Odio: This mon... yes...
Commissioner Alonso: Also, this money was compared to Mr. Camillo Padreras'
building. Is it the same transaction?
Mr. Odio: No, it is not.
Mr. Bailey: No, it's not.
Mr. Odio: I wish it was.
Commissioner Alonso: OK, the type of guarantees that we have in this
transaction satisfy the administration that we will always get the money back?
Mr. Bailey: Yes.
Mr. Odio: This money is absolutely one hundred percent guaranteed, and it's
just like the Freedom Tower. We loaned them $7,000,000 and when we call it,
we got our money immediately.
Commissioner Alonso: So we don't have to fear any comparison whatsoever with
the situation at the Camillo Padreras' building.
Mr. Odio: We do not. It was a UDAG (Urban Development Action Grant).
Mr. Bailey: No.
Commissioner Alonso: Thank you very much. And I'm very glad that Mr. Braman
is willing to take the risk to revitalize an area that is very important for
Miami. And area that we all love and think that needs all the help we can
give.
Mayor Suarez: Sir. Give us your name and address, please.
Mr. John Chadwick: My name is John Chadwick, 808 Collins Avenue, Miami Beach.
I hate to say this, but Mr. Braman was the head of the Miami Beach Housing
Authority for ten or twelve years, the moratorium, they practically killed
South Beach with the moratorium. And as far as I'm concerned, he can take his
dealership to Philadelphia. In spite of the fact I might lose two hundred
employees. FPL announced the other day they're reducing their staff by 1,500
employees. Why doesn't he demise Sears Roebuck's building or Jefferson's
building and put his dealership there? It's in the same general vicinity.
The Fine Arts Center is going to be around that same area too. So, in the
Miami Herald they announced the percentage was going to be 4 percent, and I
see here on the agenda it's 3 percent. Why the difference of one percent?
Maybe the Miami Herald published erroneous information. I don't know.
Mayor Suarez: It's not the first time they do.
Mr. Chadwick: Beg your pardon?
Mayor Suarez: It won't be the first time they've published the wrong
information.
Mr. Chadwick: Welly I don't know. But anyway, the prime rate is 8 112
percent, I believe, today. Or maybe it's 8 percent, I don't know. But he's
getting a sweetheart deal here as far as I'm concerned.
Commissioner Alonso: Would you respond to that?
Vice Mayor Plummer: Sure. It's the 48 hour call.
150 July 11, 1991
Commissioner Alonso: Hum?
Vice Mayor Plummer: The 48 hour call.
Mr. Odio: But it's on regular...
Mayor Suarez: Those are the federal guidelines, and they're meant to...
Mr. Chadwick: Beg your pardon?
Mayor Suarez: Those are the federal guidelines, and they're meant to promote
development in an area where few other people want to develop as is the case
there.
Commissioner Alonso: But not only that, they can call...
Commissioner Dawkins: See, this is what I've been trying to say...
Mr. Chadwick: Wait a minute, I'm not through speaking!
Mayor Suarez: Wait, wait, wait. You don't decide the order of who speaks
either, sir. I was answering your question. Now, Commissioner Dawkins wants
to say something to you. Hold it for a minute.
Commissioner Dawkins: He just frightened me, I'll wait till he finishes.
Mayor Suarez: All right.
Mr. Chadwick: I didn't hear your sarcastic remark.
Commissioner Dawkins: It wasn't that sarcastic, go right ahead.
Mayor Suarez: It's not useful to have sarcasm anyhow. Go ahead, sir,
complete your presentation. We'll be happy to hear your entire presentation,
if you want to do it altogether. That's OK.
Mr. Chadwick: I think probably I've got six votes against me, so it's a
losing...
Mayor Suarez: Well, so far, only five.
Commissioner Alonso: We are five. Just five.
Mr. Chadwick: Oh, five. I guess there's only five there. I just came from
the Miami Beach City Hall, and I've been fighting them for about the last
week.
Vice Mayor Plummer: Boy, have you lost! You've lost!
Mr. Chadwick: No, it's a win, lose, draw. It hasn't been decided. It's an
impasse. The red gulch gap or something. But this is very serious business.
I know you want to revitalize the area, but I think you're approaching it from
the wrong viewpoint, as far as I'm concerned. There's federal money
available, and let them get it and pay the 8 1/2 percent prime rate. Even
that's a sweetheart deal. He should be paying 10 or it percent.
Mayor Suarez: OK...
Mr. Chadwick: I know it's a recallable note in 48 hours. Somebody mentioned
24 hours. The Herald says it's 48 hours, so...
Commissioner Alonso: Forty-eight.
Mayor Suarez: No, I think in that case, the Herald is right.
Mr. Chadwick: There's discrepancies all along the line. I think this should
be reconsidered, and take it up at your next meeting basically.
Mayor Suarez: All right. Commissioner Dawkins.
Commissioner Dawkins: You know, it's amazing how people, like I said, have a
lot to say and nothing to produce. Now, some people do not want 200 jobs
151 July 11, 1991
created saying that Mr. Braman should move to Philadelphia or some place else.
But they forget how many jobs we lost with Eastern Airlines. So if Mr. Braman
puts some of those people to work, we're thankful. They forget how many
people Florida Pcwer & Light is laying off. And if Mr. Braman puts some of
those people to work, we're happy. Everybody forgets that the economy is
failing. And everything that we can do to create jobs and to expand the tax
base is to our benefit. So, sir, I agree with you, Miami Beach has a problem.
You settle that and let us run the City of Miami.
Mayor Suarez: All right, sir.
Mr. Manuel Gonzalez-Goenaga: For the record, I would like to have the name of
that radio station, because if it is the one I'm imagine, it's not to pay any
attention whatsoever.
Commissioner Alonso: Radio MAMBI.
Mr. Gonzalez-Goenaga: I wasn't surprised. The problem with Radio MAMBI is
that...
Mayor Suarez: No, no, no, no, please, please.
Vice Mayor Plummer: I thought it was...
Mayor Suarez: There's many problems with a lot of radio stations, but they're
not the item that's before us, please.
Vice Mayor Plummer: I thought it was Radio Mongolia.
Mayor Suarez: All right.
Commissioner Dawkins: Call the roll.
Mayor Suarez: Anything further on this item?
Commissioner De Yurre: Yes, how much money, Herb, how much money do we have
in that loan program?
Mr. Bailey: I have a... Well, it's not a loan program, Commissioner. It is
monies which have been approved for the City of Miami that's in Washington,
for which...
Commissioner De Yurre: Well, isn't that a loan? Don't you lend it?
Mr. Bailey: No, wait a minute. I'll just kind of give the courtesy here so
they could finish.
Commissioner De Yurre: How much money, is there a pool for that money?
Mr. Bailey: The amount of money we perhaps have in the CD float - and it
changes from day-to-day - is about $12,000,000 now.
Commissioner De Yurre: OK, so there's still what? -seven million available?
Mr. Bailey: There's still money available for someone who can qualify on CD
floats under the same conditions.
Commissioner De Yurre: Do we do anything to promote, you know, this program?
Mr. Bailey: Well, we've made several loans already, and it's not a secret,
and it's something that's widely known, and it's something that we would love
to have use more of if people could qualify. Because it gets the money out of
Washington into Miami.
Mr. Odio: We make the interest.
it's...
Vice Mayor Plummer: Mr. Bailey...
Mr. Bailey: Yes.
We make a profit out of that money, so
152 July 11, 1991
Vice Mayor Plummer: Would you call Mr. Bill Seidle who called me and asked me
why he wasn't entitled to the same, and tell him, as I told him, because he
didn't ask. You got a seven million dollar?
Mr. Bailey: We would be delighted to entertain anyone who wants to come in
for the same consideration if they can qualify.
Vice Mayor Plummer: !fie deals in the smaller Rolls Royces.
Commissioner Dawkins: Oh, he can qualify.
Commissioner Alonso: Not that many people want their loan to be called in 48
hours.
Commissioner Dawkins: But, you see, that's the problem, Mr. Mayor.
Ms. Miriam Donnet: So now I know why Mr. Plummer is against my case, because
it has to do with Bill Seidle that....
Mayor Suarez: Oh, no, no, no, no, wrong item, wrong item! Now directed at
Mr. Plummer. It looks like we're all going to get some grief today here.
Commissioner Dawkins: Mr. Mayor...
Vice Mayor Plummer: Well, wait a minute, what was that comment? Wait a
minute, why am I against her case?
Mayor Suarez: No, no, we'll get to that, we'll get to that. I think it's
item 41. We're going to soon be there, but you've got to have some
rationality in this process here.
Commissioner Alonso: What item it is, Mr. Mayor?
Mayor Suarez: We've got radio programs, we've got...
Commissioner De Yurre: We scared Richard, he left.
Mayor Suarez: ...Plummer another matter.
Commissioner Alonso: Only because my name was used, Mr. Mayor.
Mayor Suarez: OK. Yes. A lot of names are used on radio programs.
Mr. Odio: Mr. Mayor, does...
Mr. Bailey: I would like a clarification before you call the roll.
Mayor Suarez: Commissioner Dawkins...
Commissioner Alonso: And I have the tape for the record.
Commissioner Dawkins: No, go ahead. Mr. Bailey, you were saying what, sir?
And then I can say what I have to say.
Mr. Bailey: I would just like to have a clarification. I think the Mayor was
getting ready to call for a motion and a vote. And 1 would just like to know
which one are we voting on? Are we voting on the recommendation that they're
making, or are we going to do the one to three and the four in the 7 year?
1 Commissioner De Yurre: On the 7 year deal. Seven year deal.
Commissioner Alonso: Seven years.
Mr. Bailey: Seven years, one, three and four. OK.
Mayor Suarez: Yes, and the ability to capture the percent to make it three
percent, if we call it before.
Mr. Bailey: I'm sorry?
Mayor Suarez: And the ability to capture up to 3 percent if we call it before
the time at which it reaches three.
153 July 11, 1991
Mr. Bailey: If we, for some reason or other, call it before in two years,
=f we'd pay three percent.
Vice Mayor Plummer: Fine. As long as it's callable in 48 hours.
t
Mr. Bailey: OK.
Mayor Suarez: Right. All right. Anything else? We were going pretty well
before you even spoke, and now we've opened up...
F Vice Mayor Plummer: Just for clarification.
Mayor Suarez: Constant discussions here.
Vice Mayor Plummer: We do not have to give a reason for the call.
Mr. Bailey: No, we don't have to.
Vice Mayor Plummer: We just say, we want it.
Mr. Bailey: We want the money.
Vice Mayor Plummer: OK. Just so it's understood.
Mayor Suarez: All right, call the...
Mr. Fernandez: Mr. Mayor, before you call the vote, the resolution makes
reference to it, but I want to make sure that it's clearly established in the
record. Your passing this resolution today, and it must be made clear to
everyone that disbursement of money, expenditure of monies, or entering into
contracts for the expenditure of the monies, is subject to having all the
governmental agencies involved in the environmental and in the historic
preservation process agree and approve that it would be proper that that be
done.
Commissioner Dawkins: Hold it, hold it.
Mr. Frank Castaneda: It must meet all federal regulations.
Mr. Bailey: I know that. We do that on all of them.
Commissioner Dawkins: Yes, OK, go ahead. All right, that's fine. I'll say
what I have to say after the vote. No problem.
Commissioner De Yurre: OK, I have a question. Does this impact at all our
vote on 37 by changing the terms on 36 which was a 3 percent, two year deal?
Do we have to go back to that?
Mr. Odio: Just for the record, we should amend that.
Commissioner De Yurre: OK.
Commissioner Dawkins: All right.
Mayor Suarez: OK, anything further on the item? If not, please call the
roll, please.
Ms. Hirai: I need a motion, Mr. Mayor.
Commissioner De Yurre: Move.
Commissioner Dawkins: Second.
AT THIS POINT THIS ITEM WAS TABLED.
154 July 11, 1991
52. (A) (Continued Discussion) RECONSIDER PRIOR VOTE ON RESOLUTION 91-
537 (Agenda item 36 - See label 51).
(B) AUTHORIZE SUBMISSION OF AMENDMENT TO APPROVED 17TH YEAR CDBG
PROGRAM FINAL STATEMENT TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) - TO REFLECT A PROPOSED ALLOCATION OF
$5,000,000 FOR A COMMUNITY DEVELOPMENT FLOAT LOAN (TO N.B.
REALTY) DURING 1991-92 PROGRAM YEAR (See label 51).
--------------------------------------------------------------------------------
Mr. Odio: Could you... excuse me, going on Commissioner, could we amend 36
first, and then do 37?
Commissioner De Yurre: I move to reconsider 36.
Commissioner Dawkins: Second.
Mayor Suarez: Moved to reconsider. Second. Any discussion? If not, please
call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-538
A MOTION TO RECONSIDER THE VOTE PREVIOUSLY TAKEN ON
AGENDA ITEM 36, WHICH AUTHORIZED MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED 17TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FINAL STATEMENT TO
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO
REFLECT A PROPOSED ALLOCATION OF FUNDS IN THE AMOUNT
OF $5,000,000 FOR A COMMUNITY DEVELOPMENT "FLOAT LOAN"
(AT 3% FOR TWO YEARS) DURING THE 1991-92 PROGRAM YEAR.
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.
Commissioner De Yurre: OK, I move 36 under the terms and conditions that
we're discussing now.
Commissioner Dawkins: You mean 37.
Commissioner De Yurre: For 37. No, we have to do it on 36 first.
Commissioner Alonso: Thirty-six second.
Mayor Suarez: All right.
Commissioner Dawkins: Yes, we did 36, didn't we?
Commissioner De Yurre: No, we're doing it again.
Commissioner Alonso: We have to do it again.
Commissioner Dawkins: OK, all right, second, whatever.
Mayor Suarez: Moved and seconded. Any discussion on 36 as modified?
Vice Mayor Plummer: Just, instead of the broad language, we're saying, three
percent for seven years, based on a one, two, three, four, in the first four.
155 July 11, 1991
Mayor Suarez: OK, that's one way to express it. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-539
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED SEVENTEENTH (17TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT A PROPOSED ALLOCATION OF
FUNDS IN THE AMOUNT OF $5,000,000 FOR A COMMUNITY
DEVELOPMENT "FLOAT LOAN" DURING THE 1991-92 PROGRAM
YEAR, SUBJECT TO THE AVAILABILITY OF FUNDS, AND TO
REFLECT A TECHNICAL INCREASE IN REVENUES BY SAID
AMOUNT PLUS INTEREST ON SAID AMOUNT AT AN INTEREST
RATE WHICH WILL AVERAGE THREE PERCENT (3%), FOR A
PERIOD OF SEVEN (7) YEARS; FURTHER DIRECTING THE CITY
MANAGER, UPON APPROVAL OF SAID AMENDMENT BY HUD, TO
BRING BEFORE THE COMMISSION FOR ITS REVIEW AND
APPROVAL ALL NECESSARY AGREEMENTS FOR A PROPOSED LOAN
TO N.B. REALTY, A FLORIDA GENERAL PARTNERSHIP.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
156 July 11, 1991
;I "------------------'-----------------------------_--------
53. (Continued Discussion) AUTHORIZE EXECUTION OF AGREEMENT WITH N.B. REALTY
TO PROVIDE A COMMUNITY DEVELOPMENT FLOAT LOAN OF $5,000,000 - FOR
PROPOSED CONSTRUCTION OF A NEW MULTI -FRANCHISE AUTO DEALERSHIP (ON N.E.
t 2 AVENUE BETWEEN N.E. 20 AND 21 STREETS IN WYNWOOD NEIGHBORHOOD TARGET
AREA) (See label 51).
------------------------
-------------------------------------------------------
Commissioner De Yurre: OK, now I move 37.
Commissioner Dawkins: Second.
Commissioner De Yurre: Under the new terms and conditions.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-540
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH N.B. REALTY, A FLORIDA GENERAL
PARTNERSHIP, TO PROVIDE A COMMUNITY DEVELOPMENT "FLOAT
LOAN", SUBJECT TO THE AVAILABILITY OF FUNDS, IN THE
AMOUNT OF $5,000,000 AT AN INTEREST RATE WHICH WILL
AVERAGE THREE PERCENT (3%) FOR A PERIOD OF SEVEN (7)
YEARS, SECURED BY AN ACCEPTABLE LETTER OF CREDIT FROM
A BANK APPROVED BY THE DEPARTMENT OF FINANCE IN
ACCORDANCE WITH FEDERAL GUIDELINES, FOR THE PURPOSE OF
CONSTRUCTING A NEW MULTI -FRANCHISE AUTO DEALERSHIP ON
NORTHEAST 2ND AVENUE BETWEEN NORTHEAST 20TH AND 21ST
STREETS IN THE WYNW00D NEIGHBORHOOD TARGET AREA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Yes. I'm sorry, one last thing...
Commissioner Dawkins: Go ahead, Mr. Mayor.
Mayor Suarez: ...the name of the gentleman who spoke before, sir? What was
your name?
Commissioner Dawkins: Your name and address, sir.
Mayor Suarez: Or just the name.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Chadwick: John W. Chadwick, C-H-A-D-W--I-C-K. The Whitelaw Hotel, 808
Collins Avenue, Miami Beach.
157 July 11, 1991
Mayor Suarez: Thank you, because I'm going to....
Mr. Chadwick: 531-5381 or 5382.
Mayor Suarez: Great, I wanted to have a private conversation with you,
because I was going to ask you... I was going to put you...
Mr. Chadwick: I'm here primarily for the homeless.
Mayor Suarez: OK. I was going to ask you in a private conversation, not
here, giving you all the information at our disposal, if you would really vote
against this. Because I have a feeling I can convince you otherwise from what
you stated. OK. Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, I'd like to make a recommendation which J.L.
Plummer will probably vote against. I would like to have Commissioner Alonso
and her staff work with Mr. Carl Goldfarb, and develop...
Commissioner Alonso: Why do we have to be penalized?
Commissioner Dawkins: ...and develop...
Mayor Suarez: This is as punishment for all the transgressions of today and
other days.
Commissioner Dawkins: ...and develop a sort of an informational news release
explaining this total process, and let them run it in the paper in the
Viewpoint one Sunday explaining what this program is, how it operates, and why
you can do it, and who can apply.
Commissioner Alonso: That's wonderful.
Commissioner Dawkins: Because, see, she - and I can say this - is under the
same problem that I had when I got here. I wanted to know why is it the money
was there, and small business people could not use it. And I fought with
Frank everyday until Frank pulled the regs and showed me that you have to have
this money ready to pay it out, and I think that if the media wanted to work
with us to explain this - and I said, let them put it in the Viewpoint,
because if we don't they're going to charge us for putting it in the paper,
J.L.
Mayor Suarez: OK, have we disposed of all the items? Do we have one pending?
Vice Mayor Plummer: I'll tell you, if it's successful, I'll give you a hero's
medal.
Mayor Suarez: Not in the form of a motion. Item 38.
Mr. Helfman: Thank you all very much.
Mayor Suarez: And thank you for other things you've done recently for our
community, Mr. Braman. We know of your involvement that maybe we shouldn't
talk about in regards to the Superbowl and major league baseball both. Thank
you, sir.
Commissioner Alonso: And the help he's given us in Little Havana as well.
Mayor Suarez: Right.
158 July 11, 1991
1
54. AUTHORIZE INCREASE ($50,000) IN CONTRACT WITH THE POOLE AND KENT
COMPANY - FOR THE LAWRENCE PUMP STATION MODIFICATION - PHASE II (CIP
352184) - RATIFY MANAGER'S FINDING OF EMERGENCY.
------------------------------------------------------------------------------
Vice Mayor Plummer: Move 38.
Mayor Suarez: Item 38 has been moved.
Commissioner Dawkins: Somebody move 38?
Vice Mayor Plummer: I moved it.
Commissioner Dawkins: Second.
Mayor Suarez: Ma'am, we're not into radio programs right now. All right,
moved and seconded. Any discussion? If not, please call the roll on 38.
Mr. Jorge Fernandez: It's a public hearing, it requires 4/5ths.
Mayor Suarez: Does anyone wish to be heard on item 38? Let the record
reflect no one stepped forward.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-541
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $50,000 IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA AND THE POOLE AND KENT
COMPANY, DATED OCTOBER 18, 1990, FOR THE LAWRENCE PUMP
STATION MODIFICATION - PHASE II PROJECT, CAPITAL
IMPROVEMENT PROJECT NO. 352184, SAID FUNDS TO BE
PROVIDED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO.
10782, WITH 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
159 July 11, 1991
W
--- - - - - - - - - - - - - - - - - - - - - -
55. RATIFY MANAGER'S FINDING OF EMERGENCY FOR REMOVAL OF ASBESTOS AT 1336
N.E. 1 AVENUE - RATIFY PAYMENT ($39,000) TO DPC GENERAL CONTRACTORS
(Project 799206, Department of Planning, Building and Zoning).
----------------
-------------------------------------------------------------------
Y.
Mayor Suarez: Item 39.
I Commissioner Dawkins: Thirty-nine. The contractor that you have is a
nonminority. The last time you had an emergency, and you had asbestos
I removed, I distinctly told you that there were some minorities, especially
some black asbestos removers, and that you should get one. Why don't you have
d one now?
Mayor Suarez: Who were the bidders, and did we have fair representation of
this community in this business, hopefully?
Mr. Odio: Let me, let me find out because I...
Commissioner Dawkins: No, no, no, see, no, no, no. You've already declared
it an emergency, which you could have. And you called in who you wanted. You
could have very easily had called in a black contractor, since you've already
called in white contractors before. Now you've called them in, they have done
the work, and you're going to pay them and I have yet to get a black
contractor who can remove asbestos to get a job with the City of Miami. It
don't make no difference what I do with this, you've already had the work done
and you got to pay the man...pay whoever did it.
Mr. Odio: No, but I wanted to explain to you why I didn't do this. Obviously
I...
Commissioner Dawkins: I don't... There is no... OK, wait a minute, let me say
this. There is no acceptable explanation for me. Other than I tell you all
to do something, and you don't care nothing about what I tell you to do, and
go do what you want to do. Now, that's the only explanation.
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK? But I'm going to tell you, I promise you, the
Lord, and my mother, that I'm not going to forget this.
Mr. Odio: Yes, sir.
Commissioner Dawkins: All right? Now, the next thing you need my vote on,
you have lost it because I have asked you not to do this and you did it.
Mr. Odio: Fine.
Mayor Suarez: OK, do we have a motion and a second on the item? OK.
Commissioner Dawkins: Yes, we got to pay them. I move it. We have to pay
them. The works been done, Mr. Mayor.
Mayor Suarez: OK. So moved by Commissioner Dawkins.
Commissioner Alonso: Second, and we need...
Mayor Suarez: Seconded by Commissioner Alonso.
Commissioner Alonso: This is an emergency, we need...
Mr. Fernandez: Four -fifths.
Mayor Suarez: We have Commissioner De Yurre. Any discussion on the item? If
not, please call the roll.
160 July 11, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-542
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 REMOVAL. OF ASBESTOS AT THE STRUCTURE LOCATED
AT 1336 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, WAS AN
EMERGENCY NEED; RATIFYING, APPROVING AND CONFIRMING
THE ISSUANCE OF A PURCHASE ORDER FOR THIS SERVICE TO
DPC GENERAL CONTRACTORS AT THE TOTAL AMOUNT OF
$39,000.00 FOR THE DEPARTMENT OF PLANNING, BUILDING
AND ZONING WITH FUNDS THEREFOR BEING ALLOCATED FROM
ACCOUNT CODE NO. 455017-340, PROJECT NO. 799206.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J. L. Plummer, Jr.
56. RATIFY MANAGER'S FINDING OF EMERGENCY CONCERNING NEED FOR DEMOLITION OF
STRUCTURE AT 1336 N.E. 1 AVENUE - AUTHORIZE PAYMENT ($34,650) TO J.R.
BUILDERS (Department of Planning, Building and Zoning).
Mayor Suarez: Item 40.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Odio: Better go and explain it to him.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion on 40? If not, please... Does anyone
wish to be heard on item 40? Let the record reflect no one stepped forward.
Any discussion from the Commission? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-543
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN FINDING THE NEED FOR THE
DEMOLITION OF A STRUCTURE LOCATED AT 1336 NORTHEAST
1ST AVENUE TO BE AN EMERGENCY AND AUTHORIZING THE
ISSUANCE OF A PURCHASE ORDER FOR THIS SERVICE TO J.R.
BUILDERS AT A TOTAL PROPOSED AMOUNT OF $34,650.00 FOR
THE DEPARTMENT OF PLANNING, BUILDING AND ZONING, WITH
FUNDS THEREFOR BEING ALLOCATED FROM THE COMMUNITY
DEVELOPMENT DEMOLITION FUND, ACCOUNT CODE NO. 451620-
340.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
161
3
July 11, 1991
13
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J. L. Plummer, Jr.
------------------------------------------------------------------------------
57. (A) PERSONAL APPEARANCE BY KENT HARRISON ROBBINS, ESQ. CONCERNING THE
CASE OF CAROL JOSEPH VS. CITY.
(B) BRIEF COMMENTS BY MIRIAM DONNET CONCERNING HER PENDING LITIGATION
AGAINST THE CITY (Totally unrelated to (A), above.)
Mayor Suarez: Item 41.
Mr. Fernandez: Mr. Mayor•, this is an item that has to do with the Law
Department. Apparently, the gentleman going to the podium must be Mr. Kent
Harrison Robbins, an attorney. He intends to discuss with you, a case that's
presently in litigation. I imagine that as a member of the general public, he
would have the right of making an appearance in front of you. My advice to
you, as in all other cases that have appeared in front of you in this vein, is
for you to listen to his presentation and move on to the next item, as it
would be highly improper for you to discuss any of the merits.
Mayor Suarez: And as I have mentioned to him, I personally am inclined to
think this is not the way for him to proceed, but he, I guess under our rules,
should be allowed to make a statement, and we will allow that. And then your
recommendation that we not discuss it further, will hopefully, be complied
with by the rest of us.
Mr. Fernandez: Please.
Mayor Suarez: All right, counselor.
our...?
Mr. Kent Robbins: Yes, I have.
Mayor Suarez: OK.
You've registered and so on, with
Mr. Robbins: My name is Kent Robbins, my office address is 1224 Washington
Avenue on the Beach, 33139. I am here on the case of Carol Joseph. He was a
black man, who while lying down on the ground with his arms and legs spread
was shot in the rear by a City of Miami Police Officer. It happened in the
Haitian area. Mr. Carol Joseph is a - mother is Haitian, father is Bahamian,
so he has lived in the City of Miami since he was two years old. The time he
was shot, he was nineteen. At the time he was shot, he had never been
convicted of any crime. This matter is a very sensitive matter. I, as a
civil rights attorney have been practicing in Dade County for twelve years -
have never gone to a Commission with the civil rights case that I have been
handling, and I have handled dozens of highly sensitive cases, both in the
State and Federal Courts. So, I am bringing this to your attention because of
particular sensitivities that have to be raised I think, to this Commission.
A quick background - there is no need to mention the name of the police
officer, he is no longer in the department. But the police officer who shot
Carol Joseph, while Carol Joseph was unarmed and on the ground, was an officer
who had qualified under the early warning system of the City of Miami Police
Department. The early warning system as we probably all know, is the process
in which problem police officers are identified, and appropriately counseled.
However, the early warning system did not work this time, because by the
omissions of the City and the answers interrogatories, they failed to put him
on the list, and as a consequence, he did not get the appropriate counselling.
That was in June or July of 1984. A couple of weeks later, that same officer
was accused by his next door neighbors of shooting their dog, and there was an
162 July 11, 1991
internal investigation, and it went on, and on. and on, for almost eight
months. Still, nothing was done about that police officer. That police
officer then, was sent... was found to have some type of brain tumor. He was
sent over to Mercy Hospital where he underwent two operations. The first one
for... through the nose, caused massive bleeding in the brain. He then had to
undergo a craniotomy to remove a tumor or cyst in his pituitary.
Postoperative, he had psychotic reactions documented in his medical records.
They had to treat him with Thorazine in order to control his psychosis. We
took a deposition of his neurologist. His neurologist explained his
psychosis, and I am quoting from his transcript of his deposition. He stated
that Jerry Ade - this is page 24 of his deposition. Jerry Ade, Police Officer
Ade was manifesting visual hallucinations. He saw people around the room, he
is mainly manifesting vision, like people around that do not exist, or people
that came, who he said that came to visit, who did not. He also said. Dr.
Shaffey admitted, that Jerry Ade was suffering auditory hallucinations. That
was on page 46 of his deposition. In fact, Dr. Shaffey admitted that he did
not know how many episodes of a paranoid psychosis that this police officer
had suffered. Aid was manifesting paranoid ideation didn't make sense, was
not logical, and his thoughts were not connected.
Mayor Suarez: Please, let's have some silence in the chambers so we can hear
the presentation. Go ahead, counselor.
Mr. Robbins: In spite of all this problem, and despite the brain operations,
within six weeks of his hospitalization, he was returned back to light duty,
and a month later he was put back on to full duty. Within six weeks, he shot
Carol Joseph, a black man, while lying face down on the ground. And I
wouldn't raise the fact that he was a black man, but my client told me the day
he was shot, and he has told and consistently stated, that man said, the
police officer used the term, "nigger, get down on the ground" and he shot him
thirty second later. Now, the police officer says, that he saw my client put
his hand inside the band of his pants, and thought... and thought, that he had
a gun, but later he realized he didn't have a gun. But that was a statement
the police officer didn't make until almost a year after the shooting. See,
the officer, of course, he has his rights, and he exercises his Miranda
rights, and he refused to make a statement. And he continued to refuse to
make a statement until he is immunized by the State Attorney's office. Then
the story after six or eight months, he came up with the story that he thought
he saw him put his hands in his waistband. Well, the case doesn't stop there,
and I wish it did, because I would not be here. But my client was charged at
that time with a burqlarv. He was olaced on nrobatinn_ withhnIM ariiiiriiratinn
which means, no conviction, and he maintained his probation and didn't have
any problem. Then I got a phone call from him - said, the City of Miami
Police Department, on a warrant, came into his home and turned his home upside
down, and he told me one other thing. He said, his legal file was missing. I
said, what do you mean your legal file is missing? He said, my file is gone.
It disappeared from my house. After the police left, the file was gone. I
said, well, what did the police find in there? Why did they search your
house? He said, they didn't find anything. And in fact, the police
acknowledged, they never found anything in the home. But their basis of the
warrant was - listen to this - the basis of the warrant was, that a police
officer, two weeks before, had bought ten dollars worth of cocaine from
somebody inside that house. A so-called, unidentified person had sold ten
dollars' worth of cocaine. That person who swore to that, was the partner of
the police officer who had shot my client. And what was interesting was, that
happened only a week after I had gone to Internal Affairs at the City of Miami
Police Department, requesting all the records concerning this officer - and
all the psychological records, and all the medical records of the Police
Department. Within a week after that request, they claimed that the partner
of the police officer made a buy of cocaine, and within two weeks after that,
they searched his house and his file disappeared. But it didn't stop there.
During the course of the initial prosecution of my client for the burglary on
which he was on probation, there was a continuing effort by the City of Miami
Police Advisors to obstruct our criminal defense. They actively interfered in
the criminal case by obtaining protective orders to prevent me, as a lawyer
for my client, from investigating the background of the police officer. They
intervened four times, got four protective orders, cancelled a total of a
hundred -and -forty depositions over the course of the litigation in criminal
court. Then, my client then was charged with this cocaine charge. Again,
continuing interference by the Law Department, by specific members of the
legal advisors. Now, Mr. Firtel, who is defending the case against the City
of Miami, the present, and pending civil rights action, he has nothing to do
163 July 11, 1991
with that. I want to make that clear. I have no problem the way Mr. Firtel
has conducted himself, and never questioned his ethics. However, I did
question the ethics of the other attorneys that were involved. In fact, they
were personally named in the civil rights action that we filed. But it gets
even a little bit thicker than this. We set the cocaine case down for trial,
and we had picked all the jurors, and all the jurors were in the back room
waiting for an opening argument to be called. And a City of Miami undercover
agent, who was the partner of the police officer who claimed bought cocaine
from my client, went into that jury room and started talking to those jurors.
As a consequence of that, the jury was dismissed, and we had to start over
again with the jury selection process. Now I've been practicing civil rights
law now for twelve years. I've done probably, a hundred to a hundred -and -
fifty jury trials. I've never seen such coincidences occur in this case - in
any case that I have handled, and I have handled cases where police chiefs
have had to resign as a consequence of it, where Commissioners have ended up
being in trouble because of those lawsuits, where people have... entire
Commissions have resigned from posts in different cities in Florida. But I
?$
have never been in a situation where there is such questionable action, and
nothing is done within the department. And what concerns me is, the
individuals who are responsible for assuring that everything be followed by
the law, by the Police Department, those individuals are now part of that in
my case. And what also concerns me, is the fact, is this case is such a clear
cut case with respect to damages, and it's still not being settled. What
concerns me is, the City of Miami taxpayers are paying for the defence of this
i
case, and will probably end up paying not only the damages that my client is
going to collect in federal court, but is going to end up paying for the
additional cost of litigating this case. Now, in federal court, under the
{
civil right law, we know that if the plaintiff prevails, has a right to
attorney's fees. My fees are running up. I have plenty of other civil rights
cases to take case of. I have many other clients that I want to take care of.
I do not feel that it is appropriate for this Commission to let this case go
and not look into it. There are too many improprieties. And what concerns me
the most, is the fact, that lawyers from the City of Miami, assistant City
attorneys were involved in this alleged wrongful activity. And now Mr.
Firtel, who is defending this case has to defend his colleagues. And I think
k
he is doing an ethical job. But the problem is, it makes it very difficult
for him to settle a case, to investigate a case and to handle this case in an
objective way. And I would ask this Commission to look into this case, Carol
Joseph versus the City of Miami, and find out what happened. Why did the
early warning system fail in this case? Why was this officer omitted from
that list? To date, the City of Miami Police Department is yet to answer that
question. I am concerned about it, because as a citizen and as a lawyer for
many citizens of the City of Miami, they had to be concerned about these
-,`
police officers who do have a problem that are not recognized, and not pulled
-;
from the streets and get the counseling they desperately need. We have too
many problems in the past for us to ignore this type of problem. And we had
to get answers. In defence of this case, the City of Miami really doesn't
_
have to answer that. And they don't have to really be concerned about the
prospective effect of that problem, because they are only dealing with one
case. But I am asking you as Commissioners, to find out what happened. Why
was this person omitted from the early warning system?
Mayor Suarez: OK.
Mr. Robbins: Also, I am asking this Commission...
Mayor Suarez: Wrap up counselor...
Mr. Robbins: Thank you.
Mayor Suarez: We think that you are entirely out of order being before this
board at this particular time. We also think, in fact, I am pretty sure
although I didn't measure it, that you've exceeded the time provided in the
code. So, please complete your statement.
Mr. Robbins: I will take one minute. I am also asking for this Commission to
look into the standards that the Police Department has concerning
psychological testing of police officers. From what I can tell, and from my
investigation, although a certain psychological testing was performed on
applicants of the police department, those tests were not properly applied in
determining what officers should be selected within the department. It's a
problem. And when officers do exhibit psychological problems, there is no
164 July 11, 1991
systematic way of pulling those individuals off the force. These issues have
to be looked into. We don't need another hot summer day when another officer
who is out of control, shoots a person under questionable circumstances. You
don't need that to happen again. Thank you.
Mayor Suarez: Thank you. Two statements for you, not questions, not
discussion. One is, for myself, I'd be more than willing to meet with you and
discuss this case amply, privately - I don't think any harm will be done by
that - you can bring your client if you want. But I am going to tell you one
other thing. From what I have heard of this, so far, when it's over, your
inclusion of two of our attorneys as defendants in the suit personally, if we
prevail, I am going to ask our City Attorney to consider the possibility of
suing you personally, for filing this suit against us - if you have filed a
malicious prosecution suit against them and fund that lawsuit on their behalf,
if we are allowed to do that. OK? So, I am going to warn you of that.
x� Anything further on this matter?
Commissioner Dawkins: Yes, sir. One thing.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I would like to know from the City Attorney, the
officer in question, was put back to work - why?
Mr. Fernandez: Sir, I do not know that information right now, and...
Commissioner Dawkins: Did the gentleman... did the doctor give you a letter
saying that this individual was certified to go back to work?
Mr. Fernandez: To the Police Department, yes, sir. That's my understanding.
Commissioner Dawkins: All right. So, OK. Now, I am of the same opinion of
the Mayor. If any damages have been assessed against the citizens of the City
of Miami, then I would advise you to instruct your staff to go after this
doctor for malpractice, because this doctor certified an individual - if they
win, who was not capable of going back to work.
Mayor Suarez: OK.
Ms. Miriam Donnet: Yes. But I am getting here discriminated, because I am
not black and I am not Cuban.
Mayor Suarez: Ma'am, what is your involvement in this case? What is your
name and address, and what is your involvement in this case?
Ms. Donnet: My name is Miriam Donnet. I came to your Commission also,
regarding my case. My case is an incident from 1975.
Mayor Suarez: You're not involved in this case?
Ms. Donnet: No. But I just feel that I am getting discriminated against,
because your are resolving any lawsuit...
Mayor Suarez: No, we are certainly not resolving that one. We heard him
because he requested...
Ms. Donnet: You made a settlement with the Lozano case, you made a settlement
with La Flor McDuffie case.
Mayor Suarez: That case was recommended by our attorneys after much, much
consideration and litigation.
Ms. Donnet: You're making settlement every other day with different
lawsuits...
Mayor Suarez: Yes. We have settled many lawsuits where we thought we were in
the wrong.
Ms. Donnet: ... and me, you're sending me back to court, why? - because I
find out...
Mayor Suarez: We've not settled this one, obviously.
165 July 11, 1991
Comimissioner Dawkins: What are you requesting for the damages of the
settlement?
Mayor Suarez: No, don't get into it. Don't get into it.
Ms. Donnet: ... that some of the judges are close, personal friends. In
fact, Mr. Mayor, I discovered that some of the judges is close personal
friend...
Mayor Suarez: We know about some of your concerns, but they don't have to do
with this matter. Ma'am you're out of order, Ms. bonnet...
Ms. Donnet: In fact, I wrote you a fax. I sent you a fax and I want an
answer for that too.
Mayor Suarez: ... you're out of order, ma'am. All right, Mr. Gonzalez-
Goenaga.
Mr. Robbins: I believe Mr. Dawkins as!:ed me a question. As to the...
Mayor Suarez: I don't recommend that that question be asked and answered on
the record. If you want to...
Commissioner Dawkins: OK. All right. I'll get it.
Mayor Suarez: You can tell us privately, counselor.
Commissioner Dawkins: You can tell us privately.
Mr. Robbins: OK. Thank you.
Mayor Suarez: OK.
Mr. Gonzalez-Goenaga: Well, and yet, this Commission still insists that there
is no police brutality within the City of Miami Police Department. That's
all.
Mayor Suarez: All right.
Ms. Donnet: May I say one thing? - please.
i
t
Mayor Suarez: No, no, no, ma'am, now, you're really out of order. You can
request to be heard before us. No, ma'am.
Ms. Donnet: Just one minute. My case...
Mayor Suarez: You can request to be heard at the next Commission meeting.
Just do it in writing and you will get the full amount that the code
prescribes. We are not going to break the agenda anymore today.
58. BRIEF DISCUSSION CONCERNING POSSIBLE ASSISTANCE TO: HOSPITAL OF THE
GREAT LIVING GOD, INC.
------------------------------------------------------------------------------
Mayor Suarez: Item forty-two.
Commissioner Alonso: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Alonso: I was going to request... well, now, they are standing.
Right after this item, I would like to take fifty-six, if possible?
Mayor Suarez: Absolutely, at your request. All right. Item forty-two. The
Church... no, the Great Living God, Inc.
Mr. Odio: Yes. We notified them, Mr. Mayor, if I may, before they speak.
They are requesting three hundred and twelve thousand dollars ($312,000)...
166 July 11, 1991
I
Vice Mayor Plummer: What?
Mr. Odio: ... to feed the homeless. It's a hot meals program. The problem
is that most of their clients - first of all, it's in El Portal, Miami Shores,
North Miami Beach, and portions of Opa-Locka. Their total budget is five
hundred thousand dollars ($500,000). We do not have... I told them that we do
not have any funds available at this time, but they insisted to appear in
front of you. But, that's what they want.
Commissioner Dawkins: The recommendation is what, Mr. Manager?
Mr. Odio: We do not have funds at this time. They are not City of Miami...
even if we had it, we could not recommend them, but it's just impossible for
us to fund three hundred thousand dollars ($300,000).
Commissioner Dawkins: So, in other words, regardless of where they are
located, we don't have any money?
Mr. Odio: No, sir.
Commissioner Dawkins: Well, then tell me we don't have any money. Don't tell
me that they are located in Opa-Locka or Key West.
Mr. Odio: Right.
Commissioner Dawkins: Because even if they were located within the City of
Miami, if you don't have any money, Mr. Manager, we don't have any money.
Mr. Odio: Yes, that's right.
Mayor Suarez: If you want to go ahead and make a presentation, it... you kind
of...
Vice Mayor Plummer: In defiance.
Mayor Suarez: Yes, in defiance of what's been said, you're certainly entitled
to. Give us your name and address, and we'd probably sympathize with your
project. In fact, I think, Commissioner Dawkins and I have both signed
letters of support, but to go from that to money is a bit... difficult. Go
ahead, ma'am.
Ms. Andree Thelusma: I am Andree Thelusma, and beside me, I have Mrs.
Anozard. We are representing the hospital of the Great Living God. But
first, I would like to mention to you all, that's not a church.
Mayor Suarez: I know, I messed up when I said it. It just sounds like a
church, but it's... Is it a denominational institution? Is it related any
particular religion or church at all?
Ms. Thelusma: No.
Mayor Suarez: OK.
Ms. Thelusma: We are here to support the proposal that we have submitted to
you, and even if you don't have all the amount that we request with the
proposal, we can accept any portion of it, just to enlarge on the meal program
that we have been settled for the homeless.
Mayor Suarez: You want to add anything, ma'am? OK. Thank you. I wish that
any kind of a motion was in order, but what you're asking for, we really don't
have the resources to grant. And most of what you're involved in, apparently,
is outside the City of Miami, or is covered in the City of Miami by another
agency which gets funds from other sources. Our charter basically, says, we
handle... well, I can't get too much into that because I see Mr. Waxman here
waiting for me to say what we do and don't do for the homeless. So, I'd
better be careful. But, we handle a variety of departments, and budgets, and
services, and social services and health is not part of our jurisdiction,
although we try to solve some of those things too, if we can. OK?
Ms. Thelusma: Can you support us with surplus of equipment?
167
July 11, 1991
ALL
Mayor Suarez: Surplus of equipment. Well, that's interesting. Mr. Manager,
would you have your staff meet with them about possible purchase of surplus
equipment, or acquisition without purchase? - Sometimes, we give it away.
Yes, absolutely, we will work with you on that.
Ms. Thelusma: OK. Thank you.
Ms. Yolette Anozard: Thank you.
Mayor Suarez: That we can do. That's not out of pocket.
--------------------------------------------------------------------------------
59. APPROVE, IN PRINCIPLE, DEVELOPMENT OF INTERIM PLAN AND BUDGET, IN
CONJUNCTION WITH DADE COUNTY, STATE OF FLORIDA, AND ALL AGENCIES
PROVIDING SERVICES TO THE HOMELESS, WHICH WOULD ADDRESS THE HOMELESS
NEEDS AND THE EMERGENCY SITUATION CURRENTLY EXISTING IN DADE COUNTY.
Mayor Suarez: Forty-three.
Mr. Odio: We recommend that, if you want to do...
Commissioner Alonso: Fifty-six.
Mayor Suarez: No, fifty-six, Commissioner Alonso's request.
Vice Mayor Plummer: Which one?
Commissioner Alonso: Fifty-six.
Mayor Suarez: Why is McBride getting up there so eagerly? What does that
have to do with him?
Commissioner Alonso: Yes.
Mayor Suarez: Yes, sir.
Mr. Duke McBride: Well, I guess just to preface this item... for the record,
my name is Duke McBride, I am the chairman of Resolve, a group of local
neighborhood organizations who are endeavoring to help implement measures on
the homeless. We are also homeowners of the City of Miami. I have here with
me Ron Samter from the Grand Condominium Association, Jan Grigsby from
Edgewater, Frank Martel, OEOW (Omni, Edgewater, Overtown, Wynwood), as well as
Jeff Kluger of the same organization.
Mayor Suarez: What was the lady's name?
Mr. McBride: Jan Grigsby. I just want to preface this discussion. We have a
five o'clock at the County, but I wanted to preface this discussion by saying
that yesterday's meeting called by the State of Florida, involving
representatives from the City, the County, the coalition for the homeless, and
Mr. Waxman back here... I want you to know that we are going to notate for the
record, the absolute, most sublime example of competency I have ever seen out
of the office of the Manager of the City of Miami. We worked integrally with
this proposal that he is going to be...
Mayor Suarez: Is that a general appraisal, or a specific one?
Mr. Odio: I am in shock...
Mr. McBride: ... and our organization is a very proactive part of this City,
and the plans and the outline that he is going to give to you now, we are
completely in support of, and we would urge, even it's just by principle, this
Commission, to support and give the Manager and his excellent staff including
Livia Garcia, the homeless project's coordinator an opportunity and the
authority to move ahead with this plan.
Commissioner Dawkins: What is the plan?
Mr. McBride: I'll defer to the Manager.
168
July 11, 1991
Mr. Odio: The...
Commissioner Dawkins:
this up. Go ahead.
Oh! I'm sorry, that's what Commission Alonso brought
Mr. Odio: Commissioner Alonso, if you want to read the resolution, I think it
speaks for itself.
Commissioner Alonso: No, no, no. I'll want you to explain to Commissioner
Dawkins, and to me too, because I don't know... I don't have the information.
Mr. Odio: What happened, at our insistence yesterday, is that...
Commissioner Dawkins: What is the plan?
Mr. Odio: We are in the process right now, with a committee of five people,
in writing a plan with a budget, so that the State will not say that they
don't know how much it is going to cost.
Commissioner Dawkins: What is the plan?
Vice Mayor Plummer: Who is the committee?
Mr. Odio: There is a two part to this plan. One, is the immediate resolution
of the people under the expressway in which we would have trailers from the
social services agencies taken over there immediately that they will
immediately start processing these people, and that within two weeks that they
will all be placed in the proper agencies that they belong in, like drug
addition, or whatever other problems that they might have, so that this
problem can be resolved. There is a part of this that goes with funding,
which at that time, we request from the State that they would come up with the
short term funding, which would entail a total of one hundred and twenty-six
thousand dollars ($126,000). That's the thirty day plan. Then after that, we
would then prepare... are in the process of preparing the long term, our full
service plan to these individuals that are homeless in the City of Miami. We
will not want to... I cannot go into specific dollars at the time, because we
are... should have it all ready by either Friday late or Monday, because we
only started working on this plan yesterday afternoon. The idea Commissioner,
is that, we immediately move these people that are on an emergency situation
under the expressway to better facilities.
Commissioner Dawkins: That's the plan?
Mr. Odio: The plan is in detail. We will have case workers, there will be
beds, and full service located with in the City and the County, that the
County will be involved also in areas like transportation, that we will have
people from the HRS (Human Rehabilitation Services) offices, they will have
job training people involved. We have the inclusive... the State proposed
yesterday that they have services...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: This man should be sent back to Miami Beach or something. That
the...
Mayor Suarez: Would? - Sir, you can't do that there.
Commissioner Dawkins: Yes, you do it at City of Miami Beach.
Mayor Suarez: Mr. Manager, would you make sure that we have more officers
that will make sure that the hallways back there, when the doors are opened,
arP kept clear of people that are shouting, et cetera? If you want to address
this Commission inside the chambers, or even in the hallway sir, you have to
ask to use the microphone. You can't sort of take it upon yourself. All
right, Mr. Manager.
Mr. Odio: What we need to also show the State, the secretary, Sadowski was
very clear about this. The support of the City Commission in principle, of
any plans that could be developed that makes sense, and therefore, a draft of
a resolution was prepared that reads, "a resolution of the Miami City
Commission approving in principle, the development of an interim plan, and
169 July 11, 1991
budget in conjunction with Dade County, the State of Florida, and all agencies
providing services to the homeless, to address the emergency situation
currently existing by reason of the large numbers of homeless families and
individuals in the community, with said interim plan and budget addressing the
needs and coordinating resources for three to five hundred homeless
individuals over the next twelve months until a long term plan and budget can
be developed and implemented. Further providing that the City's participation
is continued upon funding being received from the State of Florida and Dade
County, and the participation of the agencies providing services to the
homeless."
Vice Mayor Plummer: Now, let me ask you something.
Commissioner Dawkins: OK. Let me say something here.
Vice Mayor Plummer: Go ahead.
Commissioner Dawkins: I told you at the beginning, whatever you went over
there and told the judge, that I was not going to vote for it. OK? It was
too many variables. Today you have too many variables. Number one is, we are
leading individuals to think that all of those persons who are under 395, that
we have identified space for them, and all they have to do is sign up for this
program, and we will put them in, according to you, rooms or other spaces.
Now, do you have a number of rooms, or a number of spaces that are identified,
where you have signed contracts with, or where when you tell these people that
you have some place to put them, that you know, you have some place to put
them?
Mr. Odio: If the plan is approved, if the State funds the plan, there will be
rooms with...
Commissioner Dawkins: I'll ask my question again.
Mr. Odio: Well, I cannot answer your question, Commissioner.
Commissioner Dawkins: You have to answer my question. Either...
Mr. Odio: I don't have to answer your question.
Vice Mayor Plummer: Cool down, cool down.
Commissioner Dawkins: ... if there three thousand people who need space, you
either have three thousand rooms, or you don't have. See, we cannot tell... I
mean, I will not tell the homeless that I have... that whatever the State...
if the State provides the money, that I am going to find the rooms when I
know, I have not gone out to identify these spaces to be sure they are
available.
Mr. Odio: If the State provides it for...
Commissioner Dawkins: Now, all right. Number two, see, what happens to the
people who refuse to move? What is your contingency plan for them? There are
some people who are not going to move. Now, what's your contingency plan for
them, sir?
Vice Mayor Plummer: What plan can you make when they refuse?
Commissioner Dawkins: Say, what?
Vice Mayor Plummer: What plan can you make when they refuse?
Commissioner Dawkins: You must have some plan. You're telling them you are
going to move them. You're telling me, you and the Manager are telling me now
that if the State of Florida provide the funds, the problem is eliminated.
That's what you two are telling me.
Mr. Odio: I didn't say that.
Commissioner Dawkins: And now you tell me... there are some people I know,
who have told me, we aren't going any place. We aren't moving.
Mr. Odio: I believe that I didn't say...
170 July 11, 1991
ALL
Commissioner Dawkins: So now, what are you going... no, no, no, how are you
going to address this?
Mr. Odio: To start with, we have to start addressing the problem period. We
are trying to find a solution to this problem. What I am proposing is, that
if the State agrees to fund the initial plan, that yes, there are rooms
available to money that we could place these individuals in. Yes. That's the
answer to your first part.
Commissioner Dawkins: All right. Now, there are rooms...
Mr. Odio: The answer to your second part, Commissioner, is if we offer these
individuals shelter, and they refuse, there are laws of the City of Miami, and
the State of Florida, and the County, that could be enforceable at that time.
Commissioner Dawkins: OK, fine. What is your plan to feed these individuals?
Mr. Odio: Agencies that deal... that's why we said at the end of this
resolution, that provided that all the agencies that are providing service to
the homeless participate in this plan. Camillus House, and all the agencies
that are now feeding these individuals, homeless, will participate in this
plan.
Commissioner Dawkins: The individuals whom I see under 395, have their own
cooking utensils, and they cook and feed themselves.
Mr. Odio: If we move them... if they accept voluntarily to move to our plan,
and the agencies that are on the board with part of this plan, they will be
fed.
Commissioner Dawkins: What is your plan... you say, job training?
Mr. Odio: That is correct.
Commissioner Dawkins: All right. What jobs have you identified that once you
train these individuals, you're going to place them on?
Mr. Odio: The State of Florida...
Commissioner Dawkins: See to get these people... no, no, no, get these people
into a training, and quote unquote, release them and say, they've got saleable
skills, and you've got no place to put them to work, what have you done?
Mr. Odio: Among the ideas, that were not mine by the way, because this is not
my plan by the way...
Commissioner Dawkins: Well, whose is it then? Whose plan is it?
Mr. Odio: This is a combined plan of the agencies, both State, County, City
and social service agencies. So, it's not my plan. But, just to tell you
what the plan is, the State is willing, at some point, if they agree to the
plan, if we have to rehab buildings, that they will even hire the homeless to
work on those buildings - to rebuild them, to re -face them, or whatever needs
to be done on them. There is a State.. Secretary Sadowski committed the State
yesterday, to bringing in their job replacement people in here to try to place
these people.
Commissioner Dawkins: Well, don't you think...
Mr. Odio: I think that we have to try it.
Commissioner Dawkins: Hey, I've been trying to find a solution ever since
I've been here. I don't have a problem with it. But don't you think the
judge is going to ask you the same questions I am asking?
Mr. Odio: And I'll be glad to answer the same questions as I have.
Commissioner Dawkins: Yes, the same way you answer me, he is not going to
accept that - I hope.
Mr. Odio: Commissioner, I hope that this is the beginning of our solution.
171
July 11, 1991
Me
1
Commissioner Dawkins: OK. Never... all right, let's go a step further. And
the planners, I'm not going to say, you, any longer. The planners, what is
the plan to provide health care?
Mr. Odio: Camillus House... Oh! I'm sorry...
Commissioner Dawkins: Beg pardon?
Mr. Odio: Doctor Grier sent the executive director yesterday of the Camillus
Health Care Center, and they, of course, will be totally involved.
Commissioner Dawkins: The Camillus Health Care is providing health care
now...
Mr. Odio: That's right. And they will...
Commissioner Dawkins: ... without any help from us, without any thing - they
are doing that already.
Mr. Odio: And they will continue.
Commissioner Dawkins: So what do you plan to do to supplement, or meet
additional... he is not seeing everybody who needs to be seen. He can't see
them. So, what do you plan to do? - I'm sorry, I've said it again, I'll go
back. What does the plan, plan to do to address the... all the social needs
of the individuals under there.
Mr. Odio: Every social agency that deals with the homeless, both in health
care, feeding and so, are committed to go along with this.
Commissioner Dawkins: Now, when you come back with that plan, telling me what
we are doing, then you got me.
Mr. Odio: Fine. That's your prerogative.
Commissioner Dawkins: See, but, I am not going to, again, allow you, and the
Mayor, and anybody else, to go to the media and tell the media that here is a
plan, this will work, and I've got to get the Commissioners to go along with
it, because you come out smelling like a rose. If it works, hooray, for all
of us. If it doesn't work, or the Commissioners don't vote for it, we come
out smelling like bums, because we didn't work with it.
Mr. Odio: I'm sorry, Commissioner...
Commissioner Dawkins: But this plan here in my opinion, has too many 'ifs'
for me. That's just me.
Mr. Odio: I'm sorry...
Vice Mayor Plummer: Let me ask a question. As I understand it, three to five
hundred, you are only addressing under the 395?
Mr. Odio: That's the beginning, yes, sir.
Vice Mayor Plummer: Well, but, Mr. Manager, I have seen numbers in the paper
that go from six thousand to eight thousand, and I don't know if those numbers
are correct or not. The question I have is, if you address the three to five
hundred, and you move them out, are you going to be addressing another three
to five hundred who are going to move in under the expressway? I think the
only reason it's not larger now, is there is no more room.
Mr. Odio: No. What we need to do, Commissioner, is to... first, we have an
emergency. You have to think of this as an emergency in every aspect
including a health emergency. OK? We cannot propose now to deal with the
five thousand of them - we cannot - homeless, I wish we could. It's a
question of money by the way. So, we can only start with something, and we
should address then, the first step should be, let's go after the most
critical situation that we have, which is under the expressway.
Vice Mayor Plummer: Sir, the point I am trying to make is, what do you say to
an individual who is in the restaurant area of Bicentennial Park? He is not
eligible? I mean, these people don't have addresses.
172 July 11, 1991
}
-i
i
Mr. Odio: I know that, and you know, do you want me to tell you that we have
-
a plan that could address the problem with all of them? We cannot. I think
we need to address the first part, and I hope that by then, everybody is aware
now of this problem, that they could have a long term plan in plane, with the
i
proper funding.
Vice Mayor Plummer: OK. Next question. Underneath the expressway, have you
-
run this by the Off -Street Parking Authority, and got their permission, or
their approval, since they have meters in there, and they have control of that
area, that will allow the trailers...
Commissioner Alonso: They lost control a long time ago.
Mayor Suarez: The used to have control of the area.
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s�
Commissioner Alonso: That's true.
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Vice Mayor Plummer: Well, they technically on paper, still have control. So,
}
have you ran it by them that they have no objections to the trailers being put
in there?
Mr. Odio: I am sure that that will be acceptable to Off Street Parking, since
they now have nothing...
Vice Mayor Plummer: Right. So, what you are saying to me is, is that this
which you're proposing will be at no cost to City taxpayers?
Mr. Odio: No. We will have in -kind services. I want to put staff to work
tr
with them. We have also a... in -kind is about twelve thousand dollars
($12,000) and the County will be also providing in -kind services - of the
hundred and twenty-six, about sixty-one thousand. Plus the staff that we are
going to place... we are going to have additional staff working along side of
these people to make sure...
Vice Mayor Plummer: And where is that money coming from?
Mr. Odio: They are already in the payroll. These people will be reassigned
for a while, to do this. A planner that I have involved in this, she has been
-
reassigned.
Mr. McBride: Volunteers, also.
Ms. Grigsby: A lot of volunteers from the neighborhood surrounding the
downtown area.
Mr. Odio: And a lot of volunteers that are coming forward now that would love
to participate in this.
Vice Mayor Plummer: So, do I understand that this basically is a thirty day
trial basis?
Mr. Odio: What we hope to do is, in the first two weeks, once we move the
trailers in there immediately, is that in two weeks, we can move these people
out of under the expressway, is our goal. And then after that, we can have a
report...
Vice Mayor Plummer: And if they refuse to move out, what happens?
Mr. Odio: As I said before, what we will do, we will be offering shelter to
all those people under the expressway, and we hope that voluntarily, they will
go. The indication is that, ninety percent will go. After that, the laws of
the City and the County are enforceable.
Mr. McBride: Doctor Cherry...
Vice Mayor Plummer: The only problem that I see is, unless you go in and
establish who are those that are there presently under the expressway...
Mr. Odio: Well, yes.
173 July 11, 1991
Vice Mayor Plummer: ... there is no way to differentiate. You know, that
problem is most critical right where you are hitting there, and in
Bicentennial Park. But to try and think that that problem doesn't exist
elsewhere, is ludicrous. If you go under the south Miami Avenue bridge, it's a
serious problem. If you go next to the Mayor's house in Wainwright Park, it's
a serious problem. So, I guess that, you know, how are you going to establish
by virtue of the fact that if they don't want to cooperate, the laws will be
enforced, on who? - and I think that I see a serious breakdown.
Mr. Ron Samter: Commissioner, you have a better solution?
Vice Mayor Plummer: No, sir, I don't.
Mr. Samter: We have to start some place. We have the opportunity within the
next few days to get State and County to join in to help the City to solve the
homeless problem.
Commissioner Dawkins: Let me rephrase that, J.L., let me... Number one,
don't forget the people on 14th Street and 3rd Avenue. You all have named
every place, but there. There are some people over there too. Don't forget
that.
Mr. Samter: We'll get to them.
Commissioner Dawkins: But let me say to you, sir. Nobody wants to solve this
no more than these Commissioners, and if we had the solution, you wouldn't
have to be out there. We would have assign it, we would have found it.
Mr. Samter: I understand that, sir. But...
Commissioner Dawkins: So, don't ask you know, do we have a better solution.
No, sir, we don't. If we did, we would have put it in place.
Mr. Samter: I am just asking you not to be negative.
Commissioner Dawkins: We are not being negative...
Mr. Samter: OK.
Commissioner
Dawkins: ... but, we cannot allow anybody to paint us in a
corner, and
promise things to these individuals, and they don't deliver it.
That's all we are saying. Now, if you promise me that what you are telling me
this plan will do, that you are going to do it, you got me.
Mr. Samter:
You want my personal promise, you've got it.
Commissioner
Dawkins: No, no, you've got to bring the money. See, your
promise... you bring the money...
Mr. Samter:
We've got ten minutes to get down to the County. We are on the
agenda to ask them for the money.
Commissioner
Dawkins: Well, you can go ahead. We can argue this while you
just go and
tell them that when they find the money, we're with you. We can
finish this.
OK?
Mr. McBride: That's all we are asking for.
Mr. Ron Samter: That's all we are asking.
Mr. Manuel Gonzalez-Goenaga: I have a solution.
Commissioner Alonso: Maybe, what we could do. In principle, give our support
to this idea. We have an emergency. We have under the expressway, a
situation that everyone agrees, it's impossible. It's terrible for the
citizens of Miami, it's terrible for the homeless, it's a horrible image for
the City of Miami - tourist coming through the area thinking that we don't
care about the situation. We all do. It's just that the situation is very
difficult to resolve. It grows. We don't have the answer, we don't have the
resources. But maybe, in order to be positive, and since you are telling us
that it's just twelve thousand dollars ($12,000) in -kind money from the City
of Miami, and it is a fact, they are living under the expressway. So, we are
174
July 11, 1991
going to go to the same area and try to clean the area. We will send in a
very strong message that the City of Miami has a plan. Of course, we cannot
do it alone. If the County is not willing to help, and the State, and the
Federal government, and the agencies, we will not be able to do it. So maybe,
we should try. We have the problem anyway, right there, at that location. So
maybe, why not give it a try, and if it works, fine. It will be one step that
will carry us to other plans, and we will gain confidence, all of us, all of
you, everyone, and we will be learning, because this is a new experience.
Nineteen ninety-one has brought to us this problem, it's a problem in the
nation, it's certainly our problem, all of us. So, why not give, in
principle, the support that is needed. You are not asking us any other thing
but to say that, yes, let's give it a try. Not long term commitments if it
doesn't work. Is that right?
Mr. Odio: And I would...
Vice Mayor Plummer: Maybe, that will be a position that we can take today.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: My position is, you go and tell the County this for me.
I have no problems with the plan. My problem is, I don't see an after plan.
And if in my opinion, and this is just Miller Dawkins' opinion up here, if we
are just placating the downtown power structure, and shifting these people
from downtown to satisfy the people downtown, and not a permanent solution,
then that rubs me the wrong way.
Commissioner Alonso: Yes.
Commissioner Dawkins: But, if you are working towards a public solution,
you've got me. But you don't have me coming up with a plan for thirty days,
and you don't tell me what's going to happen after the thirty days. Now,
that's my problem. It's not that I am anti anything else other than that.
Commissioner Alonso: We all know that we need transitional housing and
affordable housing. Tf we don't get roofs for these people, and a job, so
that they can maintain themselves, we cannot return them to the mainstream.
They cannot do it.
Mr. McBride: As well as...
Commissioner Alonso: So we are all aware that that all of these things will
have to be put in place. All of these agencies understand quite well that's
the situation, and that's exactly what Commissioner Dawkins is saying. So
maybe, in principle, we should say that we are supportive of a plan, and
looking forward to a long term solution to this problem.
Mayor Suarez: All right.
Commissioner Alonso: What's the advice of our attorney that is supposed to be
going back to court with all of these recommendations?
Mr. Leon Firtel: We've been exploring various alternatives, as the Commission
knows, and this is one of those alternatives. This is something to tell the
judge, that is on a positive vein, why not do it at this point in time. We
are not committing anything more than what the Manager has in terms of in -kind
services. There is no money being committed through this plan - no
substantial dollars being committed through this plan. We are trying to do
something to move us off nowhere. It's not even dead center, it's nowhere.
And the Manager's plan, if you will, at least provides some mechanism to
getting the ball - I'm sorry...
Mr. Samter: Rephrase that.
Mr. Firtel: ... the plan that we've all signed into, at least provides some
mechanism to get the ball rolling.
Mr. Odio: Let me tell you this, because I sound apologetic for the plan. I
am very proud to have taken the initiative to start the plan. OK?
Ms. Grigsby: We appreciate it.
175 July 11, 1991
Mr. Gonzalez-Goenaga: Mayor.
Mayor Suarez: Yes, sir.
Mr. Gonzalez-Goenaga: 1 am going to be very short.
Mayor Suarez: Yes, because really, there are a lot of people who are either
more involved...
Mr. Gonzalez-Goenaga: Yes, I realize that.
Mayor Suarez: ... wait, wait, I am speaking now - or have not been heard yet
today, who have a right to express their views on this issue.
Mr. Gonzalez-Goenaga: Right. Very short. I come from a poor country, Puerto
Rico, which is a commonwealth of the United States. We are more poor than the
poorest State in the nation, which is Mississippi yet, we do not have the
homeless problem in Puerto Rico. A solution, because these Commissioners are
under pressure, and you have had this problem for many years. So I don't
believe what you are expressing here. The thing is, that you are with the
guillotine by the judge tomorrow. What I suggest is three alternatives.
Number one, you have to have the homeless very close to you, so when you come
here every day, you will see the homeless in the Coconut Grove Convention
Center, where they will have air-condition and not be in the park with the
heat of August. They will be able to... so when you come here, you see that
that's a Latin problem, and you will see with your eyes, otherwise, you are
giving... misleading the public for the particular reason that the homeless
problem has been a long problem. Posner spent a lot money, a lot of studies,
and no solutions. And now, you are making believe, Commissioners, to the
citizens, that you are giving a solution, and that you have a plan. You don't
have a plan. You just want to hide the homeless, because it is really
affecting you. So, be brave enough, be frontline, and stop laughing, because
the homeless basically - remember, sixty percent of the homeless are
patriots - Vietnam veterans, and from other wars. So, let's do something fast
and proper. The way it was solved in Puerto Rico is very easy, very easy.
The government... the leftovers of the government bases, where the soldiers
used to sleep, that's where the homeless sleep. But I don't know why these
Commissioners, even though I understand that the Federal government has
offered a place close to here, you don't want to give it, because I don't know
the reasons. Don't hide. Don't try to hide the homeless. They are human
beings. And let me tell you, they have more heart than we have. Thank you
very much.
Mayor Suarez: Thank you. I never did hear you suggest any locations in Coral
Gables where you live. It would have been interesting to hear some.
Vice Mayor Plummer: I did.
Mayor Suarez: Because we really need to find them in the entire community.
Mr. Gonzalez-Goenaga: We have a Convention Center.
Mayor Suarez: Yes, sir.
Mr. Steven Marshall: Good afternoon, Mr. Mayor, my name is Steven Marshall,
and...
Commissioner Dawkins: Pull the mike up, sir.
Mayor Suarez: Yes, a little closer to you, Steven.
Mr. Marshall: Good afternoon. My name is Steven Marshall, and I am a
homeless person that live under the 395 bridge. I realize that a lot of
times, a lot of people go to and from work and home. They pass by there and
it is sometimes an eyesore. And nine times out of ten, you would probably
say, why don't those people go get a job or something. It's not that we don't
go and try to find jobs. In Miami, personally speaking, I find that a
language barrier sometimes stops me from getting a job - if you're not
bilingual, but, that's besides the point, because I keep trying. To the City
Manager, wherever he went to, Mr. Odio, you said, something about places in
trailers, OK? The thing that was mentioned about trailers, I would like to
ask you is, where are these trailers going to be placed, and?...
176 July 11, 1991
Mr. Odio: No, no. The trailers are not for living, it's just that we will...
that they are portable offices, so that we can begin processing the
individuals that are living there now.
Mr. Marshall: OK.
Mr. Odio: They are not for living.
Mr. Marshall: Yes, sir. These are portable offices that are going to be
processing individuals that are now living under the 395 bridge?
Mr. Odio: That is correct.
Mr. Marshall: What about those in Miami Avenue, Watson Island....?
Mr. Odio: Well, what I expect to happen is, like I said, this is even a trial
program. If it works, I believe that people will begin to funnel through
there. And if the State likes what they see in the first part of the plan,
then they will come down with more monies.
Mr. Marshall: OK. So, you say, they will come down with more monies. What
about the 31st day?
Mr. Odio: The what, sir?
Mr. Marshall: What about the 31st day?
}
Mr. Odio: Let me explain the idea of this, and this is what we heard from the
State yesterday. If we... this plan is subject to them approving it and
funding it, or we won't start. If they approve the initial funding and it
works, and we present the second part, in other words, the 31st day as it's
called, then they will come with additional funding.
Mr. Marshall: Additional funding. OK. So, back to your initial plan about
g
the 395 problem.
Mr. Odio: Listen, I have to be able to hear this.
Mr. Marshall: OK. Back to the initial plan about the 395 problem. OK? -
living there, there is a difference between homeless people and street people.
Street people will not, I repeat, they will not leave. You cannot just go
there and tell them to leave. They are more secure there being on the street.
Where a person that's homeless, is just homeless because due to subjects...
due to situations beyond his control. OK? How do you plan to help those
street people that have problems just living underneath the 395 bridge?
Mr. Odio: That's why you need to identify their problems first before we can
say how we are going to cure the problems.
Mr. Marshall: OK. So...
Mr. Odio: How do we know what their problems are unless you have people there
that are professionals in their field, identify their problem, and then try to
do something about it?
Mr. Marshall: OK. I understand...
Mr. Odio: I learned that hard lesson in the Bobby Maduro the first time.
Mr. Marshall: What are you going to do to identify that problem?
Mr. Odio: You will have professionals that are experts in this field to
interview people...
Mr. Marshall: In what field, sir? You said...
Mr. Odio: ... and find...
Mr. Marshall: ... identifying a problem, but in what field? There are
different kinds of problems just underneath the 395 bridge.
177 July 11, 1991
Mr. Odio: There will be all kinds of agencies that deal with different kinds
of problems. You want me to get into it in detail? - I will be glad to if he
lets you listen for a minute. Mental health, drug addition, if they don't
have those problems, then you go into job training, or job placement.
Mr. Marshall: Mr. Odio, has any of your professionals, these experts...
Mr. Odio: Yes.
Mr. Marshall: ... ever been homeless?
Mr. Odio: I am sure that...
Mr. Marshall: Have they ever had a drug addiction problem?
Mr. Odio: I am sure that they have not.
Mr. Marshall: OK. They have not. So how can they identify with that problem
that we are now facing?
Mr. Odio: But, if you are saying, I mean, you know, I...
Mayor Suarez: Well, you don't have to get into that. Hey, wait, wait, wait.
Mr. Odio: ... you know, there is not a simple answer to your question.
Mayor Suarez: You don't have to get into that.
Mr. Odio: No, I know. There is not a simple answer to your question.
Mayor Suarez: There are many things in life that have to be examined and
recommended by people who have never had that particular condition. So, you
know.
Mr. Marshall: OK. So, we understand this.
Mayor Suarez: True.
Mr. Odio: My doctors have never been City Manager, by the way. If not, they
would never do it.
Mayor Suarez: There are some City Managers that if they don't do a little
better, will be homeless pretty soon, but.
Mr. Marshall: We understand this, Mr. Odio, but me myself, I am speaking
personally for myself, I am a pipe -fitter, OK? You said your program that you
hope to propose by tomorrow, which is your deadline...
Mr. Odio: Right.
Mr. Marshall: ... will offer job training, OK? And will probably place
people in job within a two week period. Exactly, and let's be honest with
each other, do you think within a two week period of time, or within a thirty
day period of time, that a person will be able to get a job, and be able to
support himself after thirty days?
Mayor Suarez: Well, I'll do you one better than that. You don't need to
address your question to him. You see a young lady that's up there, before
you leave - right up at the top, go by my office - you're a pipe -fitter?
Mr. Marshall: Yes, sir.
Mayor Suarez: I am going to try to help you get a job in the next two weeks.
All right?
Mr. Marshall: You have a deal.
Mayor Suarez: Now, there are many, many, other people that we have to do that
for. And we are trying with three hundred to five hundred right now, and so
that's why it makes it worthwhile. But if you are a pipe -fitter, we will try
awfully hard to do that for you in the next couple of weeks, all right?
178 July 11, 1991
Job
Mr. Marshall: Yes, sir.
Mayor Suarez: You have a very very important skill.
Ms. Judith Woodard: My name is Judith Woodard. I am a French teacher and
school program administrator by trade. "Oui, je parle Francais. Yo, hablo
espanol tambien." And just for a brief opportunity, I would like to say that
I have been here since the month of December, at which time, 1 spoke with Mr.
Dawkins about the program that I had for communication training for homeless
and for mentally ill persons. And he said, several doors are open to you
here, Madam, and I did pursue and follow through on different departments. We
have managed to develop a program which is an assessment center which we do
have medical attention, medical referrals. We do have job skilled training
which has been in effect since the month of December, quite effective. We do
have all of the components I would say, that create an effective program. We
do not do first stage, getting people off the street. We do take referrals
from Camillus House, the local.. Salvation Army agencies, and we have
everything except money and professional people. The program has been put
together by the people of Miami. Many of them who live in Coral Gables and in
Coconut Grove, and who by the way, have given an ultimatum, Judy, we have
responded to your pleas and have supported this program long enough. We have
commitments that people would like to help us with up to ten million dollars,
in private funds, but we have a problem collecting the money. They see a
problem with the government. They do not see this as government supported in
any way, because the program has been entirely privately supported. And
that's one of the things, Mr. Plummer, I was going to speak to you the other
night when you met the... at one o'clock when you missed the appointment.
That these people who live in Coral Gables, we have a place there which we
potentially can use. The people in Coconut Grove who have helped us develop
this program, given money, places, free rent, jobs, have said, they would like
to see some support. When they do not see government support, it really does
create a problem with us getting cash dollars. We do have a not for profit
organization" that can legally accept dollars. Any private profit
corporation, which we have been gainfully employing people in markets in part
time very lucrative jobs since then. And I would just like to say briefly,
that one of our focuses has been people with mental disabilities and mental
illness, because that's who came to us. And this is not easy, and I really
wish that I was in a French classroom, because I understand teenagers, and I
understand adolescents, a lot of business type people I don't understand.
But, I want to question you. Do you understand this word "passover"? -
passover. You know what that means? Maybe, you forgot that a long time ago,
many of your own ancestors travelled through troubled waters and they came
through to a promised land, where they could earn a living and live in peace.
And maybe we are a little self-satisfied with our prosperity, and maybe, we've
forgotten. The Egyptians said no, you can't go through, you can't have that.
And the Cuban government says, no, you can't go, and these people came to live
in peace. And I am speaking for war veterans, venerable war veterans, who
have mental disabilities, and have many benefits that they could profit from -
maybe, they don't know - third party insurance payments. Older people with
senility, they lose their memory. They develop a trauma just from too many
debts. Did you ever have that happen to you? So, you say, send them away,
get them out of here. Well, how would you like to find your mother dead in an
elevator, having been beaten? Or your fifteen year old daughter, children...
they are out of control, murdered, by her boyfriend - they were smoking
marijuana in the gym, unsupervised every night.
Mayor Suarez: Is it Judy?
Ms. Woodard: This is every day.
Mayor Suarez: What's your first name again?
Ms. Woodard: My name is Judy.
Mayor Suarez: Judy, would you please wrap up.
Ms. Woodard: My question is, can we have a time now when we can have special
programs for these people who are mentally ill and mentally disturbed, and
have places where they can be reintegrated into society, and follow through?
And I, and the people working with me, have found ways to do this, and to
motivate those people from I-95 to come out and come into programs. They are
our people and they follow us, and they want things. We do know how to
179 July 11, 1991
motivate them. And many will come. Some, will never go. Many will come.
And we would like some attention to this.
Mayor Suarez: Thank you. By the way, a lot of which you propose, you can do
right now.
Ms. Woodard: Yes, immediately.
Mayor Suarez: You can leave here and go right to the underpasses, right to
the parks, and help them to obtain the kinds of support, services, jobs,
housing that your group is offering.
Ms. Woodard: Yes.
Mayor Suarez: You don't need to wait for anybody to approve it, OK?
Ms. Woodard: No. Several weeks ago I met with your assistant, Martin Laburu,
who told us exactly what to do. Identify properties, identify what you can
do, and we did exactly what he said. We are ready to go.
Mayor Suarez: I mean, you can begin doing... a lot of what you're saying, you
can begin right now.
Ms. Woodard: Exactly.
Mayor Suarez: Because a lot of what folks need that are in that condition, is
someone to be interested, to take them to the first job interview, to find
them an initial place to stay for a couple of weeks, et cetera, et cetera. A
lot of them don't need all of that complicated social services stuff that we
j hear about. Some or them do. Many of them don't have a particular mental
(' problem of any sort, or any kind of addiction, or any kind of disease. And
they are getting pretty good, at least they have access to medical treatment.
Ms. Woodard: That's right.
Mayor Suarez: The problem is, as long as you don't have a roof, you're going
to get sick again.
Ms. Woodard: That's right.
Mayor Suarez: So, you know, try to help them with those things. You can do
that right now. You can do that tonight, beginning tonight. All right?
Ms. Woodard: We can do that, yes.
Mayor Suarez: Thank you, Judy.
Commissioner De Yurre: Mr. Mayor.
Mr. John Chadwick: Yes. She needs money, that's what she needs.
Mayor Suarez: Well, sir, when and if we identify the money, even though you
are out of order, let me tell you, we are most likely to give it to the
agencies that have been proven to be able to use that money wisely. And not
just people with good ideas and a good heart. And she both of those. All
right? Please, please, you're not being recognized right now. Sir, go ahead.
Commissioner De Yurre: Mr. Mayor.
'1
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: I think you know, we understand what the issue is...
Mayor Suarez: Yes.
Commissioner De Yurre: ... and we are rehashing, and rehashing, and rehearing
it, you know, we are just... we've got to move. I have no problem, in fact, I
encourage adopting in principle the concept that is being discussed here
today. If it means going out with mobile units, with people that are experts
in the area to identify the problems of these individuals that are out there,
to try and channel them through the process to aid them in dealing with their
problem, and to get them back on track and make them again, a part of society
:l
July 11, 1991
in general, I am all in favor of that. I don't think that anybody here
opposes that concept. So, what I would propose at this time, is that we
adopt... that I move that we adopt in principle the plan that is being
proposed to come back to us with you know, more concrete terms, so that we can
move on and give it a shot.
Mr. Odio: The moment that the... by the way, this plan is the first time that
everyone... I've never seen a total consensus of the community behind it.
Once it's finalized in detail, it will be brought back to this Commission. Of
course, it has to go to the State. If the State buys into the plan, then we
are on the go, and you will have it in detail. I can assure you of that.
Commissioner De Yurre: That's my motion, and let's see if we can move.
Vice Mayor Plummer: And if they don't, it's dead.
Mr. Odio: And if they don't buy, if the State says, there is no money, then
they understand.
Mayor Suarez: All right, that motion sounds very much along the lines of the
resolution that you've got, Commissioner Alonso, and if you want to formalize
it into that. Have you seen that?
Vice Mayor Plummer: Here is a draft of it.
Commissioner Alonso: Yes, he read the draft already. So that's...
Commissioner Dawkins: You're moving your resolution?
Commissioner Alonso: Yes.
Commissioner Dawkins: He seconds.
Commissioner De Yurre: Whatever - let's get going.
Mayor Suarez: Very good. OK. Moved and seconded as to the resolution. On
the resolution which is generally on what you're going to speak about anyhow,
I am sure. But just in case you have anything that we haven't heard.
Mr. Jameco Barnes: No.
Mayor Suarez: And give us your name so we have that for the record.
Mr. Barnes: My name is Jameco Terran Barnes, and I also live up under the
395.
Mayor Suarez: And if you hang around with Benjamin here, maybe, you shouldn't
own up to that, but...
Mr. Barnes: Yes, I do hang out with Ben. My only thing of saying is, I am
with Commissioner Dawkins on this. What's going to happen after thirty... the
thirty-first day? OK? Everybody, you're not going to be able to help. But I
can realize that you're all trying to seek out a problem toward what's
happening now. OK? Let's help the people that are able to be helped, and
work on a long term range for those that cannot be helped. OK? There are
people living up under 395 that you will be able to help immediately. And if
that's the solution, to take what you can take from there and help those
first, and then go behind and get the rest, then I'll go for that. OK?
Mayor Suarez: Well certainly, if we argue about which ones we are going to...
Mr. Barnes: And Mr. Plummer, there are no meters up under 395 at all.
Mayor Suarez: If we argue about which ones we are going to help first, we
will be arguing about that forever, and then it won't help anybody, obviously,
SO.
Mr. Barnes: No, we don't want to argue because you're not going to be... just
like Mr. Steve said... Mr. Marshall, there is a difference between street
people and homeless people. Street people are there by choice, homeless
people are there because - anybody here can be one paycheck away from being
homeless. OK? So, there is a choice. And a lot of people are perpetrating a
fraud toward being homeless. I've read articles in which... all week long.
181 July 11, 1991
Mayor Suarez: Right.
Mr. Barnes: It takes nothing to know that the media place Camillus
House. It takes nobody to go to the Omni and thief, and say that I live at
726 First Avenue. Give a false name - it's a misdemeanor charge -
automatically, statistics says, you're homeless. It's not true. Let's find
out what's really happening out there. Thank you.
Mayor Suarez: Thank you. Judy, let me ask you a question, ma'am. Do you
drive an automobile? Would you talk to the gentleman back there in the back,
Steve, and see if you can maybe, drive him to his job interview tomorrow? All
right, anyone else? If not, we are going to go on to the...
Mr. John Chadwick: Oh, Mayor.
Mayor Suarez: Yes, sir.
Mr. Chadwick: John Chadwick again, 808 Collins Avenue, Miami Beach. This
lady Judy Woodard that's on here from Detached Service, from the City of
Syracuse, New York's Onondaga County. She was verbally guaranteed a fifty
thousand dollar ($50,000) salary about six months ago, so she comes down here
on that premise. She hasn't got the first cent from Syracuse, New York - She
should sue them. And she has been...
Mayor Suarez: She sued them?
Mr. Chadwick: She should sue them.
Mayor Suarez: Oh.
Mr. Chadwick: Because who works for nothing these days?
Mayor Suarez: Glad we talked a lot about lawsuits here today.
Mr. Chadwick: I beg pardon?
Mayor Suarez: Well, we had a lot of lawsuits here today. And this is one...
Mr. Chadwick: A lot of volunteers? Well, she is basically...
Mayor Suarez: And this is one involves Syracuse, New York?
Mr. Chadwick: Yes.
Mayor Suarez: All right.
Mr. Chadwick: Basically, she has lost two...
Mayor Suarez: I'd sue them all, myself - all of them in Syracuse.
Mr. Chadwick: OK. Well, I've never been... I've been to Rochester, but
anyhow.
Mayor Suarez: Rochester, I'd sue them too.
Mr. Chadwick: Eastman, Kodac. But anyway...
Mayor Suarez: Any of those guys trying to take away baseball franchise, I'd
sue them.
Mr. Chadwick: Let's stick to the subject. She is basically a volunteer, and
she has lost two homes to foreclosure back in Syracuse, New York. She has got
three...
Mayor Suarez: Well, she has got a job now, she is working, she has got a
roof. What else de you want to tell us?
Mr. Chadwick: She has got three teenage children that are up for adoption,
basically. They are in foster homes, because of all this.
Mayor Suarez: All right, well, that's interesting, because...
182
July 11, 1991
El
r]
Mr. Chadwick: What more can you ask of this woman to do? She has put her
credentials in front of you. It's been going on...
Mayor Suarez: Just a car for tomorrow for the interview for Steve. That's
all.
Mr. Chadwick: It's an ongoing program started in 1983 that's proven
successful. Try it, you might like it.
Mayor Suarez: OK. We might like it.
unders$nd it, we probably would.
Mr. Chadwick: You're welcome.
All right. Thank you. If we could
Mayor Suarez: All right. Anything further? If not, counselor, you didn't
have any statements to make? - maybe, that's just as well. I'm not sure what
exactly we will be doing at the hearing tomorrow, but possibly there would be
something along the lines that have been suggested here today, that would not
be objectionable. And let us know if there is anything else that we can do.
OK. Call the roll on the resolution please.
Mr. Chadwick: Thank you very much.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-544
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING,
IN PRINCIPLE, THE DEVELOPMENT OF AN INTERIM PLAN AND
BUDGET IN CONJUNCTION WITH DADE COUNTY, THE STATE OF
FLORIDA AND ALL AGENCIES PROVIDING SERVICES TO THE
HOMELESS TO ADDRESS THE EMERGENCY SITUATION CURRENTLY
EXISTING BY REASON OF THE LARGE NUMBERS OF HOMELESS
FAMILIES AND INDIVIDUALS IN THE COMMUNITY WITH SAID
INTERIM PLAN AND BUDGET ADDRESSING THE NEEDS AND
COORDINATING RESOURCES FOR 300-500 HOMELESS
INDIVIDUALS OVER THE NEXT 12 MONTHS UNTIL A LONG TERM
PLAN AND BUDGET CAN BE DEVELOPED AND IMPLEMENTED;
FURTHER PROVIDING THAT THE CITY'S PARTICIPATION IS
CONTINGENT UPON FUNDING BEING RECEIVED FROM THE STATE
OF FLORIDA AND DADE COUNTY AND THE PARTICIPATION OF
THE AGENCIES PROVIDING SERVICES TO THE HOMELESS.
(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.
183
July 11, 1991
60. GRANT REQUEST BY DIABETES RESEARCH INSTITUTE FOR DOCKAGE FEE WAIVER
CONCERNING FIFTH ANNUAL CATCH -A -CURE FISHING TOURNAMENT AT MIAMARINA.
Mayor Suarez: Item 43.
Mr. Odio: We recommend forty-three. It's only two hundred dollars ($200.)
It's two hundred dollars, sir. We recommend it. It's just the waiver...
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Commissioner Alonso: The what?
Mr. Odio: It's a waiver of fee of the docks.
Commissioner Alonso: Second.
Vice Mayor Plummer: Do we get all the fish they catch?
Mr. Odio: Part of it.
Vice Mayor Plummer: OK.
Commissioner Dawkins: It was moved and second.
Mayor Suarez: Moved and second... thank you. Any discussion? If not, please
call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-545
A RESOLUTION WAIVING APPLICABLE DOCKAGE FEES IN AN
AMOUNT NOT TO EXCEED $500 FOR THE USE OF AVAILABLE
SLIPS AT MIAMARINA BY PARTICIPANTS AND GUESTS OF THE
FIFTH ANNUAL CATCH A CURE FISHING TOURNAMENT SPONSORED
BY THE DIABETES RESEARCH INSTITUTE ON AUGUST 24, 1991,
SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
184 July 11, 1991
t
61. (Continued Discussion) CONCERNING ALLEGED REMOVAL OF OAK TREES IN
ALLAPATTAH MINI -PARK (See label 24B).
Mayor Suarez: Item forty...
Commissioner Dawkins: Pat, you want to say something on this, Pat?
Ms. Pat Keller: Yes, if I may. Not on this issue.
Mayor Suarez: Item forty-four. She is getting ready for that one.
Commissioner Dawkins: OK.
Mayor Suarez: Ms. Keller.
Ms. Keller: I am Pat Keller, president of the Allapattah Community
Association... Gee! I got the wrong presentation - at any rate, as you know,
we are still a devastated community. We are speaking of our park at 1500 NW
16th Avenue. Our kids have set up... playing in the street, and they even
have their basketball hoop in the street - they had to go and buy another
basketball hoop because it was destroyed by the so-called developer. Our tot
lot is gone, the group of people that live in the ACLF (adult congregate
living facility) that used to come to our little park, they have no shady
} trees to sit under and the open space is gone. The government gave us this
park as you know, because we lacked open space. We didn't get this park
because we needed a daycare center - in fact, we don't. The people next door
to me opened up a new daycare center three weeks ago in the place I believe -
�. it closed tonight - they didn't have enough children for that daycare center.
HRS (Health & Rehabilitative Services) gave us the figures of a hundred -and -
fifty vacant child care slots in our area. Most every one of the hospitals
f has daycare centers, and they are available for normal youngsters, even in
Cerebral Palsy hospital, Cripple Children hospital, they allow normal
t youngsters to go in there and they are subsidized as well. We had government
money to build the building in that park. We didn't want the government money
for a building in that park. We sent the money back to the United States
government, because we wanted open space and we wanted our cathedral of trees
towering over us. On Wednesday April 24th, in the park, Mr. Fonseca the so-
called developer, along with Mr. Santilongo and Mr. Perez, started cutting
down our ten trees. They had no permit to do so. We asked to see the permit,
we were met with a chorus of oaths and a threat to throw the trees upon our
head. When we carried out a demonstration, complete with a coffin showing our
park being buried, we were told by the so-called developer that he would see
that we were put in that coffin within the next six months. We had two
hundred feet of canopy on those oak trees. They were a cathedral of oaks, and
they came crashing down. It took them five days to crash down those trees.
These are specimen oaks. They sheltered our ancestors and the Indians before
us. They were over two hundred years old. And it was done by a mad man that
we would never allow to take care of our children when he threatened our
children's lives. On Friday April 26th...
Mayor Suarez: Is that the first time you referred to him as a mad man?
Ms. Keller: No, it isn't.
Mayor Suarez: When did you refer to him as a mad man before?
Ms. Keller: When he threatened our lives.
Mayor Suarez: You sure it wasn't before he threatened you?
Ms. Keller: I might have.
Mayor Suarez: OK. Maybe that explains why he ti-reatened you - but go ahead.
Ms. No, I didn't threaten him.
Mayor Suarez: No, but you called him a mad man. People don't like to be
called that.
185 July 11, 1991
Ms. Keller: No, I didn't threaten anybody.
Mayor Suarez: I just noticed that you called him a mad man, on the record,
here in the City. That's a strong statement to make.
Ms. Keller: Yes, I did. Yes. I referred to him... it is.
Mayor Suarez: Right.
Ms. Keller: And I referred to him as a mad man after he threatened our lives.
Mayor Suarez: And I asked you if you did that before he threatened, and you
said, you may have.
Ms. Keller: No, to answer your question.
Mayor Suarez: So, you kind of gave it away, but go ahead.
Ms. Keller: No. I am going to answer your question. No, I did not.
Mayor Suarez: All right.
Ms. Keller: I refer to him now as a mad man. I am afraid that anybody... I
think it's only logical that anybody that would threaten the lives of at
least - oh, I would say, there were about thirty-five children there, and
would threaten the children's lives with throwing those trees on their heads,
I am going to have to refer to him as a mad man. I did at that time. Yes, to
answer your question. I know the time that it was issued - the permit was
issued at 4:45 at night on a Friday - mind you, he had started working on a
Wednesday. And I was on the phone to the Manager's office, and it was at 4:45
on a Friday that the permit was being issued, and they told me over the phone.
They won't deny it, and Mr. Plummer agrees that they will not deny it, that
the permit was issued after the fact. Mr. Mariano Fernandez issued the
permit. The permit itself, is null and void. The reason it is because the
law dictates that any illegal permit such as this, is null and void. You
don't issue permits for specimen oaks. You work the building around them. A
member of our organization is an architect. He was horrified when he examined
the plans - I am going to show it to you in a minute - when he found out that
none of the trees were in the way of the proposed building. I want you to
follow this with me to... I wan each of you to have this copy because you can
see I marked the location of the trees. They took down ten trees. Now, you
will notice that... on this, is a plot plan... you'll notice that...
Mayor Suarez: Pat, on this issue, Vice Mayor Plummer, already inquired today,
he got some answers...
Ms. Keller: Yes.
Mayor Suarez: ... let me give you a quick summary of where we are on it
because this is the second time we get into it, and it took you about ten
minutes to get to it on your own presentation. So perhaps, he can cut through
that. Let me tell you, we have also suggested that Public Works identify some
trees that can be donated and used to replace to the extent that is possible.
In other parts of the property existing, I mean, prior existing trees. J.L.,
you want to tell her what you asked about that?
Vice Mayor Plummer: Well, I've already told her, Mr. Mayor, that I have asked
Public Works to come back with an explanation. They readily admit that they
did in fact issue a permit after the fact, and that they said that basically,
that the trees that were taken down, as to their inspections of the plans, did
not incorporate... or it did incorporate the footplan of the actual building
that is proposed. And that's where it is and we are waiting to hear back from
Dr. Prieto.
Dr. Prieto: May I just...
Ms. Keller: This is exactly why...
Mayor Suarez: Wait, wait. Do you have a follow-up on that? - as long as we
are into that, Dr. Prieto.
July 11, 1991
U
Dr. Prieto: Yes. I have some brief additional data. In the permit, they
were required to replace four new oak trees, 16 to 18 feet high with 9 foot
spread. So, I was not aware of that data this morning.
Vice Mayor Plummer: What is she speaking of that I don't understand, that
they were specimen trees? - that there are no permits given for specimen
trees?
Ms. Keller: Specimen trees, you don't give permits for specimen Oaks. You
must work the building...
Vice Mayor Plummer: Is that part of the ordinance?
Ms. Keller: Yes.
Dr. Prieto: I am unaware of that.
Vice Mayor Plummer: Well, you are now, so I think you better address that
when you come back with your answer.
Ms. Keller: I have the law here. I think what we are referring to now, and
Mr. Mayor, the reason I am bringing it up is because it's important that this
be recorded for the purposes of the public records. I made the point to you
that the trees were destroyed and it was not necessary to do so. And I am
going to ask you to look here in this plot plan and you will see that those
trees with one star, you will see those with one star, these were trees that
were located in the setback area. Could I trouble you Mr. Plummer, to take a
look at that plot plan?
Vice Mayor Plummer: I am looking on Commissioner Alonso's.
Ms. Keller: OK. If you would take a look, and you will see the trees with
one star are in the setback area. All right? Those with two stars are palm
trees, you will see that they are located in the setback area. Mr. Mayor, are
you following on that plot plan?
Mayor Suarez: No, ma'am, I am not.
Ms. Keller: Good.
Mayor Suarez: I am leaving that up to the administration and hopefully, they
can resolve it for you. OK? Finish your presentation.
Ms. Keller: You will see the trees marked with three stars were oak trees.
They too, were removed. The oak trees, you will see the two stars, the one
oak tree is located in the setback area, the second oak tree with the 200 feet
of canopy was located in the outdoor play area. I want you to notice very
carefully on that plot plan. The last tree was a sea -grape tree and that is
located in the setback area. I am making the point to you, that every single
one of the trees were located either in the setback area, or in the outdoor
play area. In other words, these trees were raped... these trees were crashed
down upon our heads when there was absolutely no need to do so. I want to
address the building itself, if I may. The building itself as we see it, is
rampant with zoning violations. I am often wrong in what I have to say, and
if I very wrong, I want to be straightened out. I have consulted with a
number of people that work for the City of Miami, I didn't even speak at this
particular plan. I had them discuss with me the zoning requirements for a
building of this type and so on. At any rate, the violations we saw, the law
calls for a setback of 10 feet in an afore area. The building, I measured it
off, and the architect, one of our members measured it off - it's setback 5
feet. It would appear to me, if the building had been properly setback there
wouldn't be any building at all. In fact, there never should have been there
in the first building... that building never should be there. The second
thing that we saw that was questionable, there are off-street parking
requirements for day nurseries. Incidentally, there are no zoning variances
allowed for day nurseries. They dictate... there should be one off-street
parking space for each employee, one for the owner, and one for every ten
children. It doesn't take a genius to figure out that there would be eight
employees, one owner and eighty children - one for every ten children, that
would be, eight and eight is sixteen - seventeen parking spaces the law
requires. HRS, and when we build childcare centers, HRS has to dovetail with
what we do, and the City of Miami meets with HRS when it comes to childcare
187 July 11, 1991
centers, so that they are dovetailed and they are in agreement. HRS requires
that one employee for the average of each ten children must be required per
childcare center. Now, it...
Mayor Suarez: Their requirements are a little bit more stringent than some
other agencies, and if they get funds from HRS, they will have to abide by
those requirements. And if not, they won't.
Ms. Keller: And it averages out. Now, when you have an infant, you have to
have one employee for every six children. But if you have...
Mayor Suarez: Whatever the requirements are of the agency funding them, they
will have to meet.
Ms. Keller: Well, I am not questioning the employees required, only now, in
relation to the parking spaces required. It averages out.
Mayor Suarez: OK. As to that, let me get... let's see if we are in a
position to even answer that. All right.
Ms. Keller: I didn't...
Mayor Suarez: Wait, wait.
Ms. Keller: ... quite finish that point, if I may, and then...
Mayor Suarez: Well, but don't get into all the requirements from the State on
every possible thing because there will be many stages...
Ms. Keller: No, I am not. I am...
Mayor Suarez: ... wait, wait, wait. I am speaking. There are many stages
4 where you will be able to influence through the licensing and the funding
agencies of the State, and so on. And as...
I
i
j Ms. Keller: Well we are talking about the building requirements, Mr. Mayor.
' Mayor Suarez: Fine. Complete your presentation on that, and then we will get
an answer from the Planning and Zoning.
Ms. Keller: If you would just let me finish my point having to do with the
requirements of the parking space. I wanted to point out to you, if that's
the case, it's one for every ten children, that's eight parking spaces, that's
seventeen parking spaces required. This building has only eight parking
spaces.
Mayor Suarez: All right. Do you want an answer on that, or not?
Ms. Keller: Yes, I would like to hear.
Mayor Suarez: Guillermo? All right. Yes. The answer is yes. Guillermo.
Mr. Olmedillo: Yes, sir.
Mayor Suarez: Are you prepared to answer that right now, or do you need more
information?
Mr. Olmedillo: Yes, sir, Mr. Mayor. No, I am ready to answer.
Mayor Suarez: All right. Please.
Mr. Olmedillo: On the issue of zoning review, this underwent a very thorough
zoning review. It went before a Planning Advisory Board on a public hearing.
It came before this Commission. It was approved on a major use special permit
by this Commission. In addition to it...
Mayor Suarez: OK. Specifically, on the parking issue that she is now
bringing up, or maybe, has been brought up before, but she is now alluding to.
Mr. Olmedillo: Ms. Keller wrote a letter to the Zoning administrator
explaining these facts. Zoning administrator responded June 24, 1991, and he
explained thoroughly how the...
188 July 11, 1991
Mayor Suarez: You tell me all the letters and things that were written, but
what's the answer? Do we agree with here? Are they in violation? Are they
not? And if not, why not?
Mr. Olmedillo: The answer is that they comply with all the requirements for
parking and loading. Ms. Keller had the opportunity - from the date of this
letter, she had fifteen days to even appeal that decis;on. She had to
opportunity to appeal the Q'ecision of the City Commission when the grant...
when the major use special permit was issued. She hasn't done so. She is
appearing before you...
Mayor Suarez: OK.
Mr. Olmedillo: ... with the same arguments, but they have been already...
Mayor Suarez: What are in fact the requirements? She made some reference to
some quantitative requirements. What are in fact the requirements as we
understand them - for parking?
Mr. Olmedillo: The requirement is that six parking spaces are required. The
facilities show eight spaces in the plan, so they are...
Mayor Suarez: All right. That answers that. Thank you. Anything...
Ms. Keller: Would you like the law? I have the law here, Mr. Mayor.
Mayor Suarez: No, ma'am. I have to rely on what he says. If you don't agree
with his opinion, you're certainly entitled to go in the circuit court and
prove that he is wrong. But I have to accept it.
Ms. Keller: You don't want to see the law I have right here, which
dictates...?
Mayor Suarez: No, ma'am. You can send it to me and I'll probably read it.
Ms. Keller: There are no zoning variances allowed.
Mayor Suarez: I read everything you send me.
Ms. Keller: I'm glad of that.
Mayor Suarez: Just about everything you send me. Every once in a while, I
skip a page or two.
Ms. Keller: I don't know why. It's there, all gems. You know, we are
addressing variances, and we are addressing the taw. This man didn't answer
the question. I'm going to show you in the minute, that law. I want you to
have it for your own purposes. All right, the building is a monument to
zoning violations. There are no parking allowed in the swale area in front of
childcare centers. The reason for that is that it's a fire lane. If there is
a fire, they want to be able to park the fire engines. Mr. Genuardi, and you
have to forgive me, I am afraid that he... according to the New Times is
rather liberal with his...
Mayor Suarez: Don't get into that.
Ms. Keller: Yes. At any rate...
Mayor Suarez: Let's just get into the issue at hand. What about Mr.
Genuardi?
Ms. Keller: ... Mr. Genuardi has claimed that the fire lane is somehow a
place where he is going to meet off-street parking requirements. The off-
street parking requirements are just as they state, they are off-street, they
are not on street, and they are not in the fire lane. The Planning Department
of Community Development, they claimed that this was a project of no
significant impact. They never consulted the children, they never consulted
their families, they never consulted the renters, they never consulted Mr.
Cruz, our CD (community development) representative, and they never consulted
the Allapattah Community Association located a block and -a -half away. My
purpose here has been to document the public wrongs that have been heaped upon
July 11, 1991
AIL
AML
us and I am going to give each one of you the childcare laws because I think
it's important that we don't spend our time arguing about what the childcare
laws are. It's a matter of public record, which I have with me. My purpose
was to document these wrongs heaped upon us, and we demand... you know, Mr.
Mayor, somehow I get the feeling that if those that wronged us, that somehow,
it's all going to be made right if they put up two spindly oak trees for the
200 feet of canopy that they crashed down on our heads. That doesn't make it
right. This is a criminal act. It is part of the criminal law when you take
and do something like that. And it's not going to be made right by not
following the law, which calls for the canopy to be replaced. You have a 200
feet canopy of oak trees and you don't replace it with two 18 foot spindly oak
trees. We want these people brought to justice, that's another purpose in our
being here. We demand our park back. We demand that our kids... the so--
called developer even had the nerve to take our children's basketball hoops
and crash them down - and those kids paid over sixty dollars for those
basketball hoops. We demand them back. The park in actuality was adopted by
the kids. The kids put up those hoops, they even put the stripes that you use
for basketball - they even put them on the basketball court because this meant
so much to them, and you don't think for a minute that the City of Miami would
do anything for the park, and we were just as glad that they didn't, because
the children were glad to do it themselves. We demand that our tree canopy be
brought back as the law dictates. And I must tell you, when I spoke with Mr.
Mariano Cruz, Mariano Fernandez who signed out those trees, we asked him why
did you do that? - you knew it was in opposition to the law, and the told us,
the City Commission told him to do it. Now, whatever, we have been wronged,
and we demand that it be set right. And I am going to give each one of you
that law on the childcare centers.
Mayor Suarez: All right, ma'am. Thank you, Ms. Keller.
Vice Mayor Plummer: Excuse me, Mr. Mayor. Dr. Prieto...
Ms. Keller: And you are just going to let the...
Mayor Suarez: No, no, no, wait, you're not talking...
Ms. Keller: You're just going to forget it all?
Mayor Suarez: ... you've finished, ma'am. Vice Mayor Plummer.
Vice Mayor Plummer: Dr. Prieto, would you please... hello, Dr. Prieto, hello.
When you furnish a copy of that answer to us, would you please see that Ms.
Keller gets it also? - a copy.
Dr. Prieto: Yes, sir. I certainly will.
Mayor Suarez: All right. Madam.
Ms. Bessie Marcus: My name is Bessie Marcus, I live at 1452 NW 15 Avenue. I
am going to be very brief; the hour is late, and I know you are all tired. I
want to present two little scenarios to you. The first one deals with the
violence in Wynwood where the young... where these teenagers ran amok and
really created a great deal of damage. In the aftermath, there was a great
deal of attention directed to Wynwood, and I believe a million dollars was
given to the park for the improvement. And so, it seems that violence really
paid off. Now, in our case, when the youngsters found out that we were...
that Pat and I were interested in preserving the park, they asked us to help,
and the first thing we said to them, no violence, no violence. We bought
postcards and showed them how address, and I think all of you received
postcards from our children, saying "save the park" and we asked them to write
their names, their addresses, and their age, and the phone number. And
interestingly, we found out that not many of them had phones. Then we showed
them what we could do with a petition, and I believe Pat sent a seven page
filled up petition, asking to save the park. The third thing, we showed the
children how to make calls, and with courtesy. Then we had a meeting which
Commission De Yurre appeared and there were these mass of children all eager
to ask questions and get answers. Unfortunately, there were not very many
grown-ups because this area is an area of... people came from San Salvador,
Dominican Republic, Cuba, and other areas, and are not accustomed to the
democratic procedures. But the children were there, enthusiastic. All right.
Then Pat and I, we made calls to Washington, we made calls to our legislators,
we used the whole system of democratic procedure. The children received
190 July 11, 1991
lessons in civics I think, that they will never get again. And no violence.
We respected them, they respected us, and what was the result? - the park was
destroyed, it was cannibalized. A very valuable asset in this area, not only
of environmentally...
Mayor Suarez: Wait. Bessie, you made this argument before...
Ms. Marcus: Exactly.
Mayor Suarez: ... at the time that we first decided to use the facility for
that purpose, at the time that we did, I guess, the special use exception.
Ms. Marcus: Exactly.
Mayor Suarez: Now, Ms. Keller has brought in some arguments related to
possible violations of the zoning code, et cetera, or removal of trees, and we
are dealing with those. But ,you can't come to every Commission meeting and
argue the same thing about a project that this Commission has heard those
arguments and decided that they are not persuaded by it. We still want to do
this. OK?
Ms. Marcus: All right. This is another aspect.
Mayor Suarez: We are doing by the way, a huge...
Ms. Keller: Don't get persuaded by the facts.
Mayor Suarez: Ms. Keller, if you speak out of turn, I am inclined to have you
removed. I've told you that many, many time here. Just pass out your text of
the law, ma'am, and don't interrupt our proceedings. We listened to you, and
we were fair to you.
Ms. Marcus: All I want to know...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Ma'am, officer, if she speaks one more time out of turn...
Ms. Marcus: All right, Pat.
Mayor Suarez: I'd ask you to remove her, please. Now, be courteous to your
companion here.
Ms. Marcus: All right. The reason I said... I'm going to make this very
brief and I am going to stop in two seconds.
Mayor Suarez: Yes.
Ms. Marcus: The reason... here is a contrast where violence paid off, and we
really tried.
Mayor Suarez: It didn't, really. That's not the way it happened.
Ms. Marcus: Well, it appears...
Mayor Suarez: We had promised the improvements to Clemente park six years
ago. It was our highest priority. We have been stalled in trying to get that
done, and when we had street incidents and disturbances in the Wynwood area,
we were embarrassed that the park was not completed, so at least we could show
that much commitment to that neighborhood. We maybe, moved a little quicker as
a result of that - that's human nature. But it's not the violence begat any
sort of special treatment. That's not the way it is.
Ms. Marcus: No, it's the concept - one can arise - a concept.
Mayor Suarez: Yes. We don't buy into that concept.
Ms. Marcus: Oh, all right.
Mayor Suarez: I understand that, maybe, is somebody's interpretation of it,
but it's not ours.
191
July 11, 1991
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n
Ms. Marcus: Well, I am going to end. I am going to end it.
Mayor Suarez: OK. Please. Thank you.
Ms. Marcus: The tragedy is backed -up.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, Ms. Keller, Ms. Keller, please.
Vice Mayor Plummer: Is that State or City?
Ms. Marcus: That we do not need that nursery. The facilities... there is an
over abundance. The HRS said there are a hundred -and -fifty vacant slots, and
the people who are trying to revive one of the buildings that the Dade County
discarded are losing out, they are moving out. The whole thing is a tragedy.
Mayor Suarez: All right, ma'am.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Ms. Keller, you completed your presentation, ma'am.
Mr. Odio: Mr. Mayor.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Ms. Keller, please, you've completed your presentation. Have a
seat, or leave the premises, ma'am.
Mr. Odio: Mr. Mayor.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Officer, please.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I have no idea why Mr. Fonseca has my name on anything.
Mr. Odio: Mr. Mayor, may I please?
Mayor Suarez: And if he does anything with my name, I will sue him for the
appropriate...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Ma'am.
Mr. Odio: Mr. Mayor, may I please.
Mayor Suarez: Yes.
Mr. Odio: We left item 34 because counsel was not here. He has been here now
_ since 4:30 p.m. and...
Mayor Suarez: Item what?
Mr. Odio: Thirty-four.
Vice Mayor Plummer: Oh, that's the "el jefe" of the "elefantes."
Mayor Suarez: Oh, there he is.
Vice Mayor Plummer: The great Republican.
Mayor Suarez: On a "for profit" matter before we consider Miami High? Do you
think we ought to move to move very quickly to Miami High who are kind of
community people, and then we'll take you? What do you think?
Mr. Al Cardenas: Listen, I...
192 July 11, 1991
Mayor Suarez: Besides, they are right behind you and they are not going to be
too pleased that we take you out of turn.
Mr. Cardenas: I am here to be helpful, that's for sure.
Vice Mayor Plummer: Yes - at how much an hour?
Mayor Suarez: Yes. Very good.
Vice Mayor Plummer: Mr. Mayor, as a lawyer, if you come here representing a
client, and you are only on the stand for one hour, but you have to be eight
hours to be heard that one, as a lawyer, do you collect for eight hours?
Commissioner Dawkins: No, ten. Ten hours bill...
Mayor Suarez: When you say, do you, you mean, you, in the generic sense? Not
what I would do?
Vice Mayor Plummer: In generic.
Mayor Suarez: I would never charge eight hours for that, but...
Vice Mayor Plummer: But do most lawyers?
Mayor Suarez: Most lawyers would. Let's hear the two items real quick, Al,
and we'll get to you, because you really are here on a "for profit" matter.
Vice Mayor Plummer: Boy, are we doing them a favor.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes, sir. On item 46. OK. Ms. Keller, we are finished that
item, please. If you could... She has got an impediment, officer, so it's
just a matter of convincing her that we need...
Ms. Keller: Mr. Mayor, I have polio...
Mayor Suarez: Yes.
Ms. Keller: ... so I suggest that he had better leave me along until I come
out in my own steam.
Mayor Suarez: All right. Right. But do it quietly, please, Ms. Keller.
Nice and quiet - he will help you.
Ms. Keller: OK. And he had better get his hands off me, because I don't have
good balance.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Sir, we may have to have you removed too. You've had quite a
few outburst during the day.
Ms. Keller: You get your hands off me.
Mayor Suarez: All right. Nice and easy. OK. Go ahead, sir.
193 July 11, 1991
62. URGE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO RESEARCH POSSIBILITY OF
CREATING A REDEVELOPMENT DISTRICT BETWEEN S.W. 13 STREET AND THE MIAMI
RIVER AND S.E. 1 AVENUE AND THE METRORAIL - INSTRUCT DDA TO INVOLVE
BRICKELL ASSOCIATION IN THE RESEARCH.
Mayor Suarez: Item 46. Mr. Jack Winston.
Mr. Jack Winston: Mr. Mayor, Commissioners, my name is Jack Winston, 3974
Utopia Court, Coconut Grove. I am a real estate development consultant and
also a professor at the University of Miami's department of urban and regional
planning. The item before you concerns a study that...
Mayor Suarez: Ms. Keller, you're disrupting. I'm sorry.
Mr. Winston: The item before you concerns a study that was done at the
request of the Downtown Development Authority and the Brickell Area
Association, in which the University produced a development study and proposal
for an area known as Central Brickell. The Central Brickell area is bounded
on the east by Brickell Plaza, it's bounded on the north by the Miami River,
on west by Metroraii, and on the south by 15th. That research that was done,
show that there was a large market demand within the 104,000 people who were
working in downtown Miami for affordable housing within the City of Miami and
hopefully, closely located to downtown Miami. The proposal also indicated
that in order to spur that kind of development, there would be a certain
number of different types of innovative financial tools that would probably be
required. Since that proposal and plan was completed, and one of the elements
of that plan was that a comprehensive plan and district be created for this
particular area, there has been interest stimulated among the development
community to develop programs in that area for affordable housing. One of the
developers investigated, and property owners investigated this avenue using
private financing. And the private financing that is readily available, and
that is one of the avenues that we think would enhance development in this
area, is the FHA-220 program. The FHA-220 program requires a designation by a
municipality, and I quote, "for an area in which concentrated housing physical
development and public service activities are being and will be carried out in
a coordinated manner, pursuant to a locally developed strategy for
neighborhood improvement. The concept..."
Mayor Suarez: Are you by the way, suggesting, if I may interrupt you for a
second, a tax increment district?
Mr. Winston: Absolutely not.
Mayor Suarez: You're not?
Vice Mayor Plummer: No.
Mr. Winston: No.
Mayor Suarez: All right.
Mr. Winston: OK.
Mayor Suarez: A redevelopment district that would do what? Can anybody give
us a quick definition of the parameters he is talking about?
Mr. Winston: Well, what we are suggesting, and what we are asking, is that
the City Commission direct either the Planning Department, or the Downtown
Development Authority to...
Mayor Suarez: What would the redevelopment district do that we should direct
our Planning staff to start formulating?
Mr. Winston: The redeveloping district as I said, would provide the
designation that would allow the...
Mayor Suarez: Designations are easy. We designate things, all kinds of
names, and districts, and characters, and motifs, and everything else. What
194 July 11, 1991
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0
would it do? What practical implication would it have? It's not a tax
increment district, you've said,
Mr. Winston: That's correct.
Mayor Suarez: All right. So, what would it do?
Vice Mayor Plummer: For federal funds.
Mr. Winston: It would allow the use of FHA-220 funds, it would allow the use
of CRA funds.
Mayor Suarez: Can't imagine any problem with that.
Vice Mayor Plummer: But wouldn't it be better under the DDA...
Mayor Suarez: Right. That's what I am just saying.
Vice Mayor Plummer: ... whose purview that area does come under?
Mr. Winston: Yes.
Mayor Suarez: Matthew, is this something recommended by us?
Mr. Winston: Well, what we are asking...
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Mayor Suarez: Tax increment district is the one thing that I guarantee you,
is a no, no.
Mr. Matthew Schwartz: This is not a tax increment district.
Mr. Winston: No. This is not a tax increment district.
Mayor Suarez: You've got to have an area that is really, really going under,
and west Brickell is not going under. It's not doing as well as you would
like it, and I would like it, and if designating it a redeveloping district
helps to get federal funds, well, God bless you, and God bless that area.
But, we are not capturing future taxes at this point. I don't think this
Commission is likely to ever approve another tax increment district, despite
the protestations of some of our...
Vice Mayor Plummer: We can't.
Mayor Suarez: ... fine community citizens that Commissioner Dawkins referred
to in the morning. But, Matthew, is there anything else that you want to add
to this that we... any reason, any concern? I mean, is this controversial at
all? There is no reason not to designate it.
Mr. Schwartz: No.
Mr. Odio: But, this is something the DDA would be ideal for - to deal with.
Mayor Suarez: Sure.
Vice Mayor Plummer: They've got plenty of money.
Mr. Odin: They got... I think, that this is a project ideally suited for the
DDA.
Vice Mayor Plummer: And any deficit, should come out of Matthew Schwartz's
pocket.
Mr. Schwartz: There is not much in there.
Mayor Suarez: What do we need to do in regards to this as a Commission,
Matthew? - so that we can cut through this.
Mr. Schwartz: I think it was... I think the concern is that designation of an
area of 163 as an area of slum and blight, it may have some...
195 July 11, 1991
Mayor Suarez: Why would you need to designate it as slum and blight? -- for
the federal guidelines?
Mr. Schwartz: Under... to tap into the FHA (Federal Housing Agency) program,
it has to be declared a community development area, as many portions of the
City are...
Mayor Suarez: OK.
Mr. Schwartz: ... and there are some... and this is... we are talking bout
the part of Brickell that's basically vacant by the transit.
Vice Mayor Plummer: Yes. Let's all...
Mr. Schwartz: But it's the concern of the Brickell area association, and...
Mayor Suarez: I see. All right.
Mr. Schwartz: ... I think, it's... if they are for it, or against it... and
this is only to begin the study. That's all.
Mayor Suarez: There is controversy. I can see where we are headed. At
least, I have some idea why we are going to argue about something that
otherwise sounded like apple pie and motherhood. You want to complete your
presentation, or we will hear from Brickell Area Association.
Mr. Winston: As I said, there is an FHA definition of what the designation
should be. There is a definition under 163 which also defines a community
redevelopment area as quote "an area in which there is a shortage of housing
that is affordable to residents of low or moderate income, including the
elderly, or a combination thereof, which the governing body designates as
appropriate for community redevelopment." What we are asking, is that again,
the Commission direct the DDA to study whether or not this area should be
designated as a community redevelopment area.
Mayor Suarez: OK. Lynn, why don't we let the DDA be the forum for these
deliberations and studies as opposed to trying to do it here today?
Ms. Lynn Lewis: We are not the applicant, Mr. Mayor.
Mayor Suarez: I'm sorry?
Ms. Lewis: We are not the applicant. We are here to let you know what the
neighborhood association feels about it. My name is Lynn Lewis, my address is
1101 Brickell Avenue.
Mayor Suarez: Why wouldn't we just simply not carry on this discussion here
and let the DDA and its board, where (tape 14) you are prominent, and its
deliberations look at the area whether it should be in fact a redevelopment
district or not? - as opposed to us having that discussion here. I mean,
you're going to tell us the position that you don't want it defined as such,
right now, right?
Mr. Lewis: Mr. Mayor, we are going to tell you Mr. Mayor, that we don't
understand what a redevelopment district will do or won't do. We support a
study as long as the neighborhood association is involved, and active with
regard to the study.
Mayor Suarez: Yes. Absolutely.
Ms. Lewis: Whether it should be done on a more local level by the DDA, would
be fine.
Mayor Suarez: Why do we have to have discussions in the Commission of the
City of Miami about whether to do study that the DDA would be inclined to do
in any event - right Matthew, that's what you said? - or not particularly
excited about it.
Mr. Schwartz: No. We will be happy to do it if we have the direction
because... the study for community redevelopment area is a function the City
of Miami has responsibility could designate the DDA to do the study, but the
City obviously...
196
July 11, 1991
n
Mayor Suarez: All right. Does that create a problem, the fact that we decide
to study it as a possible community redevelopment area?
Ms. Lewis: Mr. Mayor, it has been amended today to be a study.
Mayor Suarez: I see.
Ms. Lewis: It was before you to be a declaration.
Commissioner Alonso: That's right.
Mayor Suarez: Yes. I am asking about where we are now. I know things move
quickly here sometimes, but that...
Commissioner Alonso: They have no problem as long as they are involved in
every aspect of the study.
Ms. Lewis: We have no problem with a study. We want to... it may be a good
idea.
Mayor Suarez: I'll entertain a motion that we do a study and that Brickell
Area Association be as involved at least, or if not more, as Mr. Winston...
Commissioner Alonso: So we instruct the DDA to...
Vice Mayor Plummer: The DDA? That agency with all those surplus funds?
Commissioner Alonso: ... carry on a study.
Mr. Lewis: We are in perfect agreement with that.
Mayor Suarez: All right.
Commissioner Alonso: Yes. And that they be involved in every aspect.
Mayor Suarez: So moved.
Commissioner Alonso: Yes.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 91-546
A MOTION OF THE CITY OF MIAMI COMMISSION URGING THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO RESEARCH THE
FEASIBILITY OF CREATING A REDEVELOPMENT DISTRICT IN
THE GENERAL AREA OF S.W. 13 STREET, THE MIAMI RIVER
AND S.E. 1 AVENUE AND THE METRORAIL; FURTHER
INSTRUCTING THE DDA TO INVOLVE THE BRICY.ELL
ASSOCIATION IN THIS STUDY.
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.
197 July 11, 1991
Mayor Suarez: Now, when we get to the DDA, begin by telling the board and so
on, when we get to that point, exactly what the pros and cons are, and not
having a ten minute presentation that we can't figure out where is the
problem. And clarifying that we are not talking about a tax increment
district...
Mr. Winston: That's correct.
Mayor Suarez: ... because this Commission, I don't think would have voted the
way we just did, if we even just thought there may be a tax increment district
there.
Mr. Winston: Thank you.
Mayor Suarez: Thank you.
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63. GRANT REQUEST BY MIAMI SENIOR HIGH SCHOOL FOR USE OF ORANGE BOWL STADIUM
FOR ITS FOOTBALL GAMES DURING NEXT SCHOOL YEAR, SUBJECT TO MATCHING PART
OF TOTAL COST FOR EACH OF FOUR GAMES - DIRECT MANAGER TO MAKE SAME
CONCESSION TO EDISON SENIOR HIGH SCHOOL.
------------------------------------------------------------------------------
Mayor Suarez: Miami Senior High, item 47. Coach?
Vice Mayor Plummer: Let me cut this short. Is it my understanding as I was
told that in fact, all they are asking for is to allocate the money this year
that they didn't use last year? Is that a correct statement?
Mr. Max Cruz: That is not correct, Commissioner. They are...
Vice Mayor Plummer: Well then I can't short circuit it then.
Mr. Cruz: They did not have a grant last year. All they had was the expenses
to be paid by the City of Miami per game. They only had a game, and the City
paid. So, you know, the whole thing will have to be reestablished.
Commissioner De Yurre: How many games were scheduled to be played last year?
Wasn't it about four games?
Commissioner Dawkins: Five.
Commissioner De Yurre: Five games? So, four were not played?
Mr. Ralph Arza: Were not played because of mosquito thing.
Commissioner De Yurre: OK. So...
Mr. Cruz: One went to Joe Robbie Stadium and paid ten thousand dollars
($10,000) to Joe Robbie Stadium, and played the game there.
Commissioner De Yurre: Who did?
Mr. Cruz: Jackson and North Western.
Commissioner De Yurre: Not Miami High?
Mr. Arza: Nothing to do with us.
Mr. Cruz: No. Not Miami High.
Commissioner De Yurre: OK. Now...
Vice Mayor Plummer: Wait a minute. What's the difference?
Commissioner Dawkins: A lot of difference.
Vice Mayor Plummer: They are all public high schools.
196 July 11, 1991
IRM
Commissioner De Yurre: OK. Now, what were the savings to the City of them
not having played the four games last year? How much... what's our.cost per
game?
Mr. Cruz: The cost per game expense is forty-five hundred dollars ($4,500.)
Commissioner De Yurre: OK. How much is our out-of-pocket? What do we
actually put in?
Mr. Cruz: 'The City paid for one game that was played, mcstly during the day -
i
they paid about thirty-five hundred dollars ($3,500.) last year for that one
game.
! Commissioner De Yurre: OK. So, you're saying that by not playing the other
four games, we saved forty-five hundred per game?
Mr. Cruz: I don't know if you call that a saving, Commissioner, it was money
that the City did not pay, but it is not a saving.
Commissioner De Yurre: But that we were going to pay? Somehow, the City has
eighteen thousand dollars ($18,000) more by not having those four games
played. OK? Right, right.
Mr. Arza: Yes. We are proposing...
Commissioner De Yurre: Now, this year, how many games do you have?
Mr. Arza: Four games.
Commissioner De Yurre: Four games? And how much are you going to give?
Mr. Arza: How much we are going to give?
Commissioner De Yurre: Yes.
Mr. Arza: OK. This is what we are proposing to do. If you waive...
Commissioner De Yurre: Like there is a give and take, right guys? Hey, OK.
Mr. Arza: If you waive the users fee and you help us out with the ticket
surcharge, we will pay for all the expenses - the lighting, the event
personnel, the police, and the cleanup. We will pay for that.
Vice Mayor Plummer: You've got to work...
Mr. Arza: And we will work that out with Max.
Commissioner De Yurre: You've got to work it the other way. There is no
waiver on the surcharge. So, you're going to have to readjust your balances.
Commissioner De Yurre: How much money were you looking at? - basically, in
your figures?
Mr. Arza: Money - where? Well, we need... you see, the ticket surcharge was
one thousand dollars per game. And we have attendance of two thousand. So,
all we need is four thousand dollars, and we will be able to pay the ticket
surcharge. If we can get the four thousand from you...
Vice Mayor Plummer: All I am saying to you, legally, there is no waiver on
the surcharge. Now, you can...
Mr. Arza: Get the funds from somewhere else.
Vice Mayor Plummer: ... pick it up something else, but the surcharge has got
to be paid.
Commissioner De Yurre: If you are willing to give us a thousand dollars. How
much would you... when you figured it out, how much were you willing, or you
could afford to pay?
Mr. Arza: Oh, a lot more than that.
199
July 11, 1991
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w
Commissioner De Yurre: OK. How much is that?
Mr. Arza: Do I have to tell you?
Commissioner De Yurre: Yes.
Mr. Arza: I think it came out to two thousand per game.
Commissioner De Yurre: That you could afford...
Mr. Arza: That we will have to come up with.
Commissioner De Yurre: OK. So, you are willing to come up with two thousand
of the forty-five hundred?
Mr. Arza: No, but, we were going to negotiate that with Max. We were going
to sit down and negotiate...
Commissioner Dawkins: No, you're going to negotiate it here with us and we
would get through with it. Go ahead, Commissioner De Yurre.
Commissioner De Yurre: OK. So, of the forty-five hundred, they are willing
to come up with two thousand - and we are talking about four games.
Mr. Arza: Yes.
Commissioner De Yurre: So, I would make a motion at this time that the City
come up with the balance, that they can put up two thousand dollars per game
and we put up the difference, so that they can play their four games.
s
Commissioner Dawkins: That's ten thousand dollars ($10,000)?
I' Commissioner De Yurre: Yes, approximately. And we do it pretty much every
year.
Vice Mayor Plummer: All right, I've got a... Hey, you know, I am probably the
only one sitting up here that's alumni of Miami High, you know.
Commissioner Dawkins: You're bragging, or complaining?
Vice Mayor Plummer: Oh, shut up. You know, I want to say this, and I want to
help Miami High every way I can. But are we opening the door to Jackson, to
Edison, to North Western?
Commissioner Dawkins: We may be opening...
Commissioner De Yurre: Well, understand one thing...
Vice Mayor Plummer: You know, I...
Commissioner Dawkins: ... wait a minute, hold it. We may be opening it for
Edison, but I personally, am closing it on North Western and Jackson.
Vice Mayor Plummer: Why?
Commissioner Dawkins: We made the Orange Bowl available last year to Jackson
and North Western to play the Soul Bowl in, free - we were going to give it to
them free. And they elected to play in Joe Robbie Stadium. So, if they can
afford to play in Joe Robbie Stadium, I know me, personally, do not think that
I should be obligated to offer it to them again. Now, that's just my
personally opinion.
Vice Mayor Plummer: Well, no, you make a good point.
Commissioner Alonso: Very good one.
Commissioner De Yurre: Let me make a point, J.L., also, that Curtis Park,
though it probably won't be ready for this football season, but it will be
ready for next year, Miami High will be playing their games at Curtis park -
it will be ready - four thousand seats - will be more than ample to meet their
requirements. So, this is basically their last year that they will be playing
football, and needing our assistance at the Orange Bowl.
200 July 11, 1991
Vice Mayor Plummer: My only last question. Do you have their schedule?
Mr. Cruz: We have the schedule. Yes, Commission.
Vice Mayor Plummer: Is any of their games back to back with the University or
some other event?
Mr. Cruz: No, sir.
Vice Mayor Plummer: OK. So, it's not double charges to get it cleaned up?
Mr. Cruz: It's no double charge.
Commissioner Dawkins: All right. One question I have. Is Edison a scheduled
game with Miami High?
Mr. Arza: Yes.
Vice Mayor Plummer: Always on Turkey Day.
Commissioner Dawkins: OK. All right. So, now, therefore, we are making it
available to Edison for one of their games already?
Commissioner De Yurre: If it's Miami High's home game.
Vice Mayor Plummer: It's that still on...
Commissioner De Yurre: If it's not..
Commissioner Dawkins: Even if it's not Miami's home game, it's available?
Mr. Cruz: Right.
Vice Mayor Plummer: Is that still on Turkey Day? - Miami...
Mr. Arza: No, no. It's isn't. They changed that.
Vice Mayor Plummer: It's not?
Mr. Arza: No, they changed that.
Commissioner De Yurre: No, it's on Lechon Day.
Commissioner Dawkins: So, therefore, we've made it available to Edison, for
one game.
Vice Mayor Plummer: It's always on Turkey Day.
Commissioner Dawkins: See, OK. All right.
Vice Mayor Plummer: You won't believe it, Victor, but one year, Miami High
Edison on Turkey day, drew over...
Commissioner Dawkins: We don't need any editorializing.
Vice Mayor Plummer: ... sixty thousand people.
Commissioner De Yurre: That's... it was a long time ago.
Mayor Suarez: The nineteenth century.
Commissioner De Yurre: Remember one thing, that I was born the year you
graduated from High School. 00 Don't forget that one.
Vice Mayor Plummer: Remember, when you graduated from La Salle, when I
graduated, it wasn't even a spot on the ocean.
Mayor Suarez: All right.
Commissioner De Yurre: I guess that's a motion and a second.
201
July 11, 1991
a
Mayor Suarez: Now that we have discussed our respective high schools, et
cetera, on the item on hand, what's the motion?
Commissioner De Yurre: Motion is that they put up the first two thousand
dollars per game, and we kick in the difference.
Mayor Suarez: All right. So moved.
Commissioner De Yurre: Four games, is approximately ten thousand dollars
($10,000) basically that we will get.
Mr. Arza: OK. So that I am straight on this, the two thousand dollars that
we are putting up, what is that going for?
Commissioner De Yurre: It doesn't matter.
Mr. Arza: It doesn't matter?
Commissioner Dawkins: What difference does it make?
Commissioner De Yurre: It doesn't matter.
Mr. Arza: Because we were paying seventeen fifty last... before.
Commissioner De Yurre: Well, you offered two thousand, so we took it.
Mr. Arza: No, not me. Because I don't want to...
Commissioner De Yurre: We are set. We got a motion...
Commissioner Dawkins: That's right, and a second.
Commissioner De Yurre: ... and a second.
Mayor Suarez: All right. Moved and seconded. Any discussion? If not,
please call the roll.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: The Orange Bowl also be made available to Edison for
two games on the same basis.
Mayor Suarez: All right. It's four games, I guess, right?
Commissioner Dawkins: Yes. Yes, four games. OK, no problem.
Commissioner De Yurre: Is it an old-timers game?
Mayor Suarez: Call the roll.
Commissioner Dawkins: ?hey aren't going to want to go out there for more than
two games.
Vice Mayor Plummer: What do you mean an old-timers game?
Commissioner Dawkins: For me.
Mayor Suarez: If you are playing football, I'll pay to see that.
202 July 11, 1991
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-547
A RESOLUTION DIRECTING THE CITY MANAGER TO ENSURE THAT
MIAMI SENIOR HIGH SCHOOL IS ABLE TO PLAY ITS FOUR
SCHEDULED FOOTBALL GAMES IN 1991 AT THE ORANGE BOWL
STADIUM, ADDITIONALLY, TO ENSURE THAT EDISON HIGH
SCHOOL BE ABLE TO PLAY TWO GAMES ON THE SAME BASIS IF
THEY SHOULD SO REQUEST; PROVIDED THAT THE SCHEDULING
OF SAID SIX GAMES DOES NOT CONFLICT WITH PRESENTLY
SCHEDULED ORANGE BOWL EVENTS; FURTHER, DIRECTING THAT
MIAMI SENIOR HIGH SCHOOL PAY $2,000 PER GAME TO COVER
PARTIAL COSTS AND EXPENSES FOR THE USE OF THE STADIUM;
ALSO, ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 FROM
FUNDS TO BE APPROPRIATED FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COVER THE SURCHARGE AND
GENERAL EXPENSES FOR SAID FOUR (4) MIAMI SENIOR HIGH
SCHOOL GAMES; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY BETWEEN THE CITY OF MIAMI AND MIAMI SENIOR
HIGH SCHOOL; AND SUBJECT TO THE SCHOOLS OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: That is why they watch you playing basket ball, it's
free.
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64. BRIEF DISCUSSION CONCERNING HAITIAN AMERICAN CIVIC CLUB INC.'S FUNDING
REQUEST.
Mayor Suarez: Item 48, counselor, we are going to try to go through personal
appearances very quickly, to be fair. New Age Dance Theater. Request fee
waivers for use of the Manuel Artime Community Center in connection with their
film.
Commissioner Dawkins: They're kind of small, you know, the basket... the
football players are kind of small. Why don't you all grow some big boys?
Mayor Suarez: Why don't you have him be at your next practice, we'll see how
he returns. New Age Dance theater performance waiver. This is just a
performance? - not the use of the facility permanently, right?
Mr. Juan de la Fe: Excuse me, Mayor, are you referring to New Age Dance
Theater?
Mayor Suarez: Yes.
Mr. de la Fe: Oh, OK. That's us.
203 July 11, 1991
a
40
Mayor Suarez: I'm sorry, I got my two items confused. We've got forty-eight
first and then forty-nine. I am sorry. Forty-eight. Go ahead, sir. My
confusion.
Mr. Ricot Fertil: Ricot Fertil, 150 NW 54 Street, Miami, Florida 33127. Mr.
Mayor, Mr. Manager, dear Commissioners. First, I will like to thank you all
to allow me to come and speak up on behalf of the Haitian American Civic Club
Inc. That really proves to me that you care about the civic organization.
The Haitian American Civic Club has been established since July 1990.
Mayor Suarez: You know, I have to interrupt and tell you that just on style,
the Haitians are doing very well today. We had another Haitian presentation,
where the fellow called the City Clerk, a subscriber - that was nice, and now
you call the Commissioners, dear Commissioners. That really, you know, that's
the best they have ever been called. Go ahead.
Commissioner Dawkins: And probably the best we would be called all day.
Mr. Ferti1: Due to lack of volunteers and advisors to do something more
concrete in the Haitian community, we were inactive until April 5th 1991. It
is obviously understood that this organization has been discriminated, but we
must not close our eyes or ignore - it's such an important organization
already established to provide services in the Haitian community. Our main
goal is to provide a parenting education on child abuse in the community. Our
program is so vast that the entire community will be a beneficiary. The
advisors and members of the City of Miami, unanimously voted for an allocation
of fifty thousand dollars ($50,000) on behalf of this program, but due to
their limitation of power, the staff member has denied it. On the April
agenda, I did a similar presentation in order to support this organization.
However, the Commission did not approve any funding for the Haitian American
Civic Club. Do not hesitate to help this organization finding the fifty
thousand dollars ($50,000) because you will not be deceived, and you can put
your faith on our program. Thank you very much for your concern, your
support, and your contribution for the advancement of the organization.
Mayor Suarez: OK. Frank, has this been submitted to Community Development
for....?
Mr. Castaneda: Yes. This was submitted. It came during the process and it
was denied during the process, Commissioners.
Mayor Suarez: Have they been involved in any other programs? What is the
basic thrust of the organization? It is not a civic club, I mean, that's the
name of it, but I presume, if they are applying for City funds, it's not just
as a civic club. Civic clubs don't get City funds.
Mr. Castaneda: Yes. This is a new organization. They want to deal with the
issue of child abuse. The reason that we denied the request was that this is
a State responsibility and the State cannot pass that responsibility to
another agency. They should go for funding to the State.
Commissioner Dawkins: Is that the reason it was not funded, or it was the
part that you didn't have the money?
Mr. Castaneda: I didn't have any money...
Commissioner Dawkins: Well, then you know, say what we... you know, don't
have the gentleman thinking...
Mayor Suarez: But if we had the money... we don't have the money, but if we
had the money, it still doesn't qualify. I guess that's the argument.
Mr. Castaneda: No, no, no, Commissioner.
Mayor Suarez: But, maybe, you ought to just give him the basic reason.
Commissioner Dawkins: No, go ahead. Say what now?
Mr. Castaneda: Commissioner, I think what I was saying is, that when this
application was reviewed among all the other applications that we had
received, we did not rank it as high as the other applications.
204 July 11, 1991
Commissioner Dawkins: OK.
Mr. Castaneda: One, because it is a new agency, and number two, it deals with
an area which is the State responsibility. And we...
Commissioner Dawkins: But when you left us, we told you, priority goes to old
projects and no new projects would be...
Mr. Castaneda: That's correct.
Commissioner Dawkins: then, I mean, so, you know, I don't know why you're
going through this, you know, when we know why they didn't get funded. OK? =
So, let the gentleman know he had a new project, and the directions from this
Commission to you, was, old programs first and if there was any money left
over, do the new programs. That's what we told you, Mr. Castaneda. That's
was all. I mean, you're only following instructions.
Mayor Suarez: All right. Thank you, sir.
65. DISCUSS AND TEMPORARILY TABLE REQUEST BY NEW AGE DANCE THEATER FOR USER
FEE WAIVER AT MANUEL ARTIME COMMUNITY CENTER CONCERNING THEIR FILM
PRODUCTION: "FAUNO" (See label 69).
Mayor Suarez: Item forty-nine. New Age Dance Theater - fee waivers, Manuel
Artime. This is the one I began to discuss erroneously. Our policy is to
collect for every performance that takes place there unless it's clearly
community wide an interest and not for profit. Is this a "for profit" effort
by any chance?
Mr. Juan de la Fe: No, no, none profit organization.
Mayor Suarez: It's no profit so far? - you hope to make a profit, or...?
Mr. de la Fe: No. The whole company, New Age Dance Theater is a non profit
organization. And what we are looking to do here, besides making...
Mayor Suarez: OK. Give us your name and address too, so.
Mr. de la Fe: Excuse me?
Mayor Suarez: Put your name and address on the record.
Mr. de la Fe: Juan de la Fe, 5700 NW 111 Terrace. What we want to mainly do
with this project, is that we have an ad out in the New Times, in where we
will be working with professionals and also, incorporating students into the
project. This is Scott Gordon, he will be directing the film, and...
Mayor Suarez: How much is the rent for the facility for the... have you
looked at it doctor, or Frank, or anybody?
Commissioner Alonso: It's fifteen...
Mr. Castaneda: Thirty-three hundred dollars ($3,300) Commissioner.
Mayor Suarez: OK. Because when you want to get... is it a film production
that you are doing there?
Mr. de la Fe: Yes.. It's...
Mayor Suarez: When you want to get a film off the ground, if you don't have
thirty-three hundred dollars, you're in trouble.
Mr. de la Fe: No. We do have from...
Vice Mayor Plummer: How many days would be involved?
Mr. de la Fe: Excuse me?
205 July 11, 1991
Mr. Castaneda: Four days.
Commissioner Alonso: It says, audition, one day, rehearsal, four days,
filming, three days.
Mayor Suarez: It's just... it's a rent waiver, right? - I mean, they are not
asking for any of our money in resources.
Vice Mayor Plummer: She is saying, eight days.
Commissioner Alonso: Four and three. OK.
Mr. Wally Lee: Commissioner, we have three here rehearsals, that's three days
there, and then four days of filming - eight hours each.
Mr. de la Fe: And I would also like to add, Mayor Suarez, the film by Miss...
we've spoken...
Mayor Suarez: Does it feature the Miami City Commission at work, or anything
like that? Anything that has great community...
Mr. de la Fe: No, maybe, next time. On the next one, I...
Mayor Suarez: Great community interest and support, and likely to make all
kinds of...
Mr. de la Fe: I think...
Mayor Suarez: Have you analyzed this in terms of the cultural impact? Why
would...
Mr. Lizaso: Yes, sir.
Mayor Suarez: ... or promotional impact for the City or anything that would
possibly put this as something that we should support even by a fee waiver,
although it's not out of pocket. Out of pocket, you would be out of luck - I
guarantee you. We don't have any cash.
Mr. Lizaso: Yes, sir. The evaluation from the department via Mr. Castaneda,
is that it is a worthwhile project, but it is a film project. Now, when film
is involved, we believe that if we go this route this time, we might be
opening the door for filming companies to come in and expect a waiver.
Mr. de la Fe: No. I...
Commissioner Dawkins: Mr. Bailey... Mr. Manager, may I ask Mr. Bailey some
questions please? Mr. Bailey, we are attempting to provide Mrs. Nora Swan
with funds to promote the film industry, et cetera. How much money are we
going to attempt to find for Mrs. Swan?
Mr. Herb Bailey: Twenty-five thousand.
Commissioner Dawkins: Twenty-five. And yet they need, what? What they
need? - somebody.
Mr. Lizaso: Thirty-three hundred.
Commissioner Dawkins: Thirty-three hundred. You think Mr. Bailey, that it
would possible to come up with the extra four thousand dollars?
Mr. Bailey: Thirty thousand?
Commissioner Dawkins: Yes, from Mrs. Swan, and let this be a part of Mrs.
Swan's efforts to revive the film industry? Or do you think we could tie it
in, some kind of a way?
Commissioner Alonso: Yes.
Mr. Bailey: We probably could if Commissioner Plummer is...
Vice Mayor Plummer: Don't look at the ITB. I don't have any money left. You
guys have been robbing it. Every time I turn around, you guys are back out
there with your hands out.
206 July 11, 1991
Commissioner Dawkins: But, you took the job.
Mr. Bailey: But, wait a minute. We already have her twenty-five thousand in
our budget. We just need five from you, sir.
Vice Mayor Plummer: You got forty-five for the conference that she is having.
Mr. Bailey: Just another five.
Vice Mayor Plummer: Now, I mean, you know...
Mr. Bailey: We could come up with the thirty thousand.
Commissioner Dawkins: Yes. Don't rub it in the ground.
Commissioner Alonso: We have all kinds of savings from rental, moving to the
new facility, so, I am sure we can find...
Commissioner Dawkins: That's all right. I'll find it in a few minutes.
Commissioner Alonso: Yes.
Commissioner Dawkins: We'll find it.
Mr. Bailey: We'll probably have the thirty thousand.
Commissioner Dawkins: I'd have it come up in a few minutes.
Mayor Suarez: All right. Once you say...
Mr. de la Fe: OK. What I would...
Mayor Suarez: You best chance is to table the item for a few minutes, and see
where it is exactly he is going to find it.
Commissioner Dawkins: I'll tell you what. You sit down and wait until after
fifty-three, and we would be in good shape.
Commissioner Alonso: Yes.
Mr. de la Fe: Thank you.
Commissioner Dawkins: OK. No problem.
Mayor Suarez: All right.
Vice Mayor Plummer: Somebody is going to get yanced. [sic].
AT THIS POINT, THIS ITEM WAS TABLED.
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66. BRIEF DISCUSSION CONCERNING HANDICAPPED OF AMERICA RENT OBLIGATIONS AT
MANUEL ARTIME COMMUNITY CENTER.
Mayor Suarez: Item fifty. Yes, sir. Rent obligations, the Manuel Artime
Center. What a popular center the Manuel Artime Center is today. What about
the rent obligations?
Mr. Teodoro Tefel: Well, my name is Teodoro Tefel, 10700 NW 7 Street, No. 1,
Miami, Florida.
Commissioner Dawkins: Oh Lord, here we go... another one?
Mr. Tefel: Well, with an errand, and I am a volunteer, Handicap of America,
and with an errand to ask you to waive the rent fee for the office we have in
the Manuel Artime Community Center.
207 July 11, 1991
n-7
Mayor Suarez: It didn't say waive the rent. It just said, to discuss the
rent obligations. What is there to discuss? You don't want to pay them - is
that what you are saying?
Mr. Tefel: Right.
Mayor Suarez: What kind of a project is it? What does Handicap of America
do? Have they been in the Manuel Artime Center, or they are trying to go into
the Manuel Artime Center?
Mr. Castaneda: They are there.
Mr. Tefel: We have been there for more than a year.
Mr. Lizaso: For three years.
Mr. Tefel: Three years.
Mr. Lizaso: Nineteen eighty-eight, and the...
Mayor Suarez: How many people do they serve, and what do they do for them, et
cetera?
Mr. Lizaso: In all fairness, Mayor, the office has not been occupied. They
pick up the mail once a month, and they usually have been using it as a
storage place.
Mayor Suarez: All right. That answers everything for me. Sir, you've got a
tough burden to overcome here.
Commissioner Alonso: That's right.
Mayor Suarez: Because we need to charge rent for that space so that we can
maintain that building, so that all these agencies, non profit agencies can do
all the great services they do out of there. We've got tons of request for
that space - tons of request.
Mr. Tefel: You know, about a month ago I started a volunteer with Handicap of
America, and I go there about three times a week. We keep some ,
we get donation for the children. We are just in...
Mayor Suarez: Who is the executive director? Who is there on a full time
basis? Or, no one is there on a full time basis. And how many years have
they been there rent free?
Mr. Lizaso: Three years.
Mayor Suarez: Rent free?
Commissioner Dawkins: And only used it for storage space.
Mayor Suarez: One we charge, and one rent free. I think we gave enough
opportunity to the agency to get started, and I think time now has come to pay
the piper. And we are the piper, so. Unless any Commissioner wants to make a
motion, we will go on to the next item.
Commissioner Dawkins: Move the agenda.
NOTE FOR THE RECORD: At this point, Agenda item 51
was called for discussion. The record was marked to
reflect no appearance by interested parties.
208 July 11, 1991
67. (A) PERSONAL APPEARANCE BY J.S. RASHID (COCONUT GROVE STREET
MERCHANTS ASSOCIATION) CONCERNING CLARIFICATION AND REQUEST FOR
ENFORCEMENT OF STREET VENDING LAWS IN COCONUT GROVE - REFER TO
ADMINISTRATION.
(B) COMMISSION URGES ADMINISTRATION TO BE EQUALLY FORCEFUL
CONCERNING ENFORCEMENT AROUND MIAMI ARENA AREA.
(C) COMMISSIONER DAWKINS REQUESTS ADMINISTRATION TO TRY TO LOCATE
INDIVIDUAL WHO USED TO SELL INFLATABLE ARTICLES.
------------------------------------------------------------------------------
Mayor Suarez: Item fifty-two, Mr. Rashid.
Vice Mayor Plummer: Can I ask what the fifty-one... do you know what it
entailed? Does anybody know what fifty-one entailed?
Commissioner Alonso: Oh, because it is in Spanish.
Mayor Suarez: Don't.
Vice Mayor Plummer: No? Obviously, nobody gives a damn. All right.
Commissioner Alonso: Let's go on.
Mayor Suarez: Fifty-two. Mr. Rashid.
Mr. Jahad S. Rashid: Good evening, Commission. I am here to ask the
Commission to direct its departments regarding the Coconut Grove street
_ vending ordinance that was...
_I
=j Mayor Suarez: Do you have an office in the Barnett Tower?
Mr. Rashid: Yes, I do. On the 27th floor.
Mayor Suarez: You're doing pretty well.
Mr. Rashid: I work hard.
Mayor Suarez: You hang around with Commissioner De Yurre. OK.
Mr. Rashid: I got to talk to Commissioner De Yurre, and we are real kin to
each other, but that will be a subject of another discussion.
Mayor Suarez: All right.
Mr. Rashid: He is my good friend. He is an outstanding Commissioner.
Recently, there was some... what we see as a unilateral action. Excuse me.
My name is Jahad Rashid, 3442 Main Highway. I am here on behalf of the
Coconut Grove Street Merchants Association. This is just to request some
clarification regarding the existing ordinances that govern vending in the
Coconut Grove special vending district. Recently, the Public Works Department
was charged with doing something about it. And we have no issue with this,
except that the action that took place was exception to Commission ordinances,
established Commission ordinances. And as representing the Coconut Grove
Street Merchants Association, we are requesting that the existing laws be
enforced as they stand, and that they be clarified so that all parties... all
departments will understand what the law calls for. And we want to reiterate
our position, that we are cooperative with the laws, the existing agencies,
and we continue the spirit of cooperation with the special events that take
place in Coconut Grove. The second...
Mayor Suarez: Can we cut through this? What is this all about? You've got
some kind of a legal opinion, counselor, City Attorney that you are giving us
that says, what? - what is his request?
Vice Mayor Plummer: Well, let me tell you what he is talking about. OK?
Mayor Suarez: Yes, or Vice Mayor Plummer, or somebody.
209 July 11, 1991
Vice Mayor Plummer: Because we've got the same problem at Bayfront Park. All
right? They have, and agreed to like a plan that says that there are 'X'
number of spots in designated spots and they shall be there and no others -
basically. OK?
Mr. Rashid: Almost.
Vice Mayor Plummer: Now, the problem is, is that you've got other vendors
coming in who want to go in there, and for whatever reason, the police who are
supposed to come in there and enforce it, do not understand and are confused,
and because of that, will not enforce what is the policy of this Commission.
Let me give you an example at last weekend's Fourth of July bash in Bayfront
Park. Under the downtown vending ordinance, there are seven locations on the
west side of Biscayne Boulevard for vendors - that's part of the agreement.
There were at least seventy-five vendors, and they were in the median strip.
Now, let me tell you what happened. When we asked the police to enforce what
was the policy of this Commission, the police came back and said, wait a
minute, the places in the middle, the median strips, is under the authority of
the Off -Street Parking Authority. That's what I wanted to talk to Muivena
about. And because of that, unless they are here to lodge a complaint, we
can't move them. And because of that, there were seventy-five vendors all
over Biscayne Boulevard, and I say to you, the same problem is existing in
Coconut Grove, that the policy set by this Commission is not understood by the
Police Department, and as such, they are scared to enforce the policy that we
set. So, I am saying to the administration that implement and enforce the
policy this Commission established. Period.
Mr. Rashid: OK. That's pretty much the case. Pretty much.
Mayor Suarez: All right. Assuming we did all of that, would that satisfy
you?
Commissioner Alonso: Somehow, I need some explanations from the staff and the
Police Department...
Mr. Rashid: OK. And let me continue.
Mayor Suarez: ... and Dr. Prieto, and everyone concerned, because that's not
the picture that I have. So, Dr. Prieto, I would like to hear from you.
Mr. Rashid: OK. I am prepared to elaborate just a little bit so that we can
get some background. But, basically, as vending goes, Coconut Grove could
stand as an exemplary situation where all elements have been able to come
together. Everybody's aspirations was not achieved by this, but we agreed to
agree. We agreed to cooperate for the benefit of the whole. And we've been
cited in the Miami Herald, editorial, there is place where it work, and
generally, it does work.
Mayor Suarez: You sound like Adlai Stevenson at the United Nations.
Mr. Rashid: Diplomacy and the cooperation is the hallmark.
Mayor Suarez: What exactly do you want us to do?
Mr. Rashid: We want you to force the law as it stands.
Mayor Suarez: ... rhetoric aside...
Commissioner Dawkins: He just said, enforce the law. We're going to do that.
Mr. Rashid: OK. And that's it, basically.
Mayor Suarez: Are there any specific things that you suggest to our...
Mr. Rashid: OK. Right. But, specifically,
officers, if they could be briefed by the Law
laws... right now, there is one additional spot,
law.
Mayor Suarez: Right.
Mr. Rashid: In contravention the law.
that... we have three beat
Department so they know the
that is established extra the
210 July 11, 1991
1
Mayor Suarez: Right. Sort of outside.
Mr. Rashid: Yes. The vending. That the ordinance call for a first come,
first serve basis. That was an unwieldy type situation even though that is
what prevails. If we can't agree...
Mayor Suarez: But, what does the ordinance say?
Mr. Rashid: The ordinance says, whoever gets to a particular location of the
ten designated spots is the first.
Commissioner Dawkins: That's what will be enforced.
Mayor Suarez: That's it.
Mr. Rashid: And that will be enforced. The vendors however, when that was...
shortly after that ordinance was passed, there was squabbling about who was
there first, and people sleeping on the spots. So, the association devised a
rotation program where people will have equal access to the good and bad
spots.
Mayor Suarez: OK. Is that what we have a legal opinion on?
Mr. Fernandez: No. The legal opinion is in something else that he is leading
to, and that is whether the City has the authority to designate vendors to
specific spots in the Coconut Grove special vending district.
Mayor Suarez: And we can't?
Mr. Fernandez: And the answer is, no, we cannot.
Mayor Suarez: We would have to put that out to an RFP of some sort, and...
Mr. Fernandez: No. Well, we would have to modify the ordinance that creates
the district and then you can do that...
Mayor Suarez: Yes. I understand. And then put it out to an RFP...
Mr. Fernandez: Exactly.
Mayor Suarez: ... so that the objective criteria...
Mr. Fernandez: That's one of the methods. There are many other methods in
place.
Mayor Suarez: ... for selection and so on. Right.
Commissioner Alonso: Well, we do that now.
Vice Mayor Plummer: Where?
Commissioner Alonso: Downtown. We assign the vendors.
Mr. Fernandez: No. You do not.
Mr. Rashid: And there is a spot that has been established in front of Coconut
Grove Bank that's illegal, and that spot should be revoked.
Vice Mayor Plummer: He is talking from a zoning aspect.
Mayor Suarez: Al right. I think that's certainly agreed upon. Anything
that is not one of the ones approved, we have to enforce the law and we have
to do whatever it takes to inform our police officers of how to enforce the
law properly.
Mr. Rashid: Thank you, Commission.
Mayor Suarez: All right, Mr. Rashid.
Vice Mayor Plummer: Mr. Mayor, do I have...?
211 July 11, 1991
k
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Li
Commissioner De Yurre: Mr. Mayor, Miss Fernandez...
Mayor Suarez: Yes, yes, yes. Everybody is... wait, wait, wait, yes.
Everybody is going to speak. I don't know what relationship...
Vice Mayor Plummer: Do I have the same assurances that at the downtown, at
the Biscayne Boulevard, that the administration is going to be just as
forceful as they are in Coconut Grove and in front of the arena? Hello?
Mr. Wally Lee: Yes, sir.
Vice Mayor Plummer: OK. I am going to be calling you at home the next time
it's not.
Commissioner Dawkins: And while I am waiting to get my legislation together,
somebody go and find the "Round Man" and tell him, he has permission to sell
inflatable goods in front of the arena.
Mayor Suarez: OK.
Commissioner Dawkins: I cannot... I've been looking for...
Vice Mayor Plummer: I haven't seen the "Round Man."
Mayor Suarez: I think Wally, sitting in that chair right now, should be the
one, tonight.
Commissioner Dawkins: Somebody can find him.
Mayor Suarez: Find the "Round Man" tonight, Wally.
Mayor Suarez: All right.
Mayor Suarez: Thank you.
Vice Mayor Plummer: He'll be... he should, if you want to find him, around
Bayside.
Mayor Suarez: And the City Attorney will help you.
Commissioner De Yurre: He is making more money.
Mayor Suarez: OK.
Ms. Mara Fernandez: Yes. Good afternoon to the Commission and Mayor Suarez.
My name is Mara Fernandez, my husband is Aramis Fernandez. I think that it
would be a very good point for me to clarify why Mr. Rashid is here today, and
the specific point of which he speaks of. I will give you the instances that,
or the case... all the things that occurred to lead to this specific
situation. Rashid, you claim to be the president of the Vendors Association.
Is that correct?
Mayor Suarez: Well, yes, you can address us though.
Ms. Fernandez: All right, I need... Well, I need, I...
Mayor Suarez: Yes, he claims to be the president of the Vendors Association.
Ms. Fernandez: The reason I would like... It's an organization that he
claims is incorporated with the State of Florida. That corporation does not
exist according to the State of Florida. So I believe that under that exact
fraudulent nature is the fact that he have all been misled also as vendors.
Mayor Suarez: They don't have an official status on the ordinance, do they? -
or do they, Mr. City Attorney?
Mr. Jorge Fernandez: No, not at all.
Mayor Suarez: OK, they don't have official status under the ordinance. If
you have an association, and if you're claiming that it's incorporated, if it
says "Inc." at the end, it's got to be incorporated. If not, then it doesn't.
212
July 11, 1991
13
Ma'am, you can start an association by going to the bank, listing the names of
the association, and starting a bank account.
Mr. Aramis Fernandez: Not only that, the association doesn't exist. He
claimed to be the president of the association.
Mayor Suarez: No, no, the association may exist, but it would not be
reflected in Tallahassee unless it was a corporation.
Ms. Fernandez: Well...
Mayor Suarez: You can have an unincorporated association. All right.
Ms. Fernandez: Well, it is. It says here that it is incorporated, but it's
not.
Mayor Suarez: They're not supposed to say that if it's not. All right.
Ms. Fernandez: All right. Exact. You know it's not. It was discontinued as
of 10/13/89. Under...
Mayor Suarez: Probably didn't pay their fees. All right.
Ms. Fernandez: And under that same basis was the fact that Rashid would
continuously speak to us stating that he was organizing a rotation system
between the vendors...
Mayor Suarez: He said that. He said that. We can't...
Ms. Fernandez: ...to alleviate. But, of course, that's not the law. It's
still first come, first serve.
Mayor Suarez: Right, that's right.
Ms. Fernandez: However, he has continuously, continuously affected us all.
When we began vending one year ago, he would tell us that we had to do this
rotation at the time. He was...
Mayor Suarez: If he did, he would have been wrong.
Ms. Fernandez: And he constantly did not give us the better days of rotation.
He has his preferred people within the group of vendors.
Mayor Suarez: Well, the rotation is not legally valid, right?
Ms. Fernandez: Exactly.
Mr. Jorge Fernandez: The way that this Commission has opted to choose or has
opted to deal with that is, allow the vendors for them to come up with their
own system. That's the way it worked in the arena.
Mayor Suarez: As long as everybody agrees, and as long as it doesn't lead to
confrontations and so on...
Mr. Fernandez: That's right.
Mayor Suarez: ...but it is not part of the law.
Ms. Fernandez: Well, I'm glad that that's clarified, because that was not the
impression that Mr. Rashid continuously gave us.
Mayor Suarez: There are many things that the law cannot provide for, and we
hope people will sort of agree because you just can't provide for them all.
But here we've tried to be pretty specific on the locations and the mode of
earning your right to be there is first come, first serve. Correct?
Ms. Fernandez: Very good.
Mr. Fernandez: Correct.
Mayor Suarez: All right.
213 July 11, 1991
Ms. Fernandez: No, I'm aware that that's the law, then Mr. Rashid feels that
it wasn't, he'll say what he wants here now...
Mayor Suarez: It's irrelevant. It's irrelevant.
Ms. Fernandez: ...but we have been threatened continuously by Mr. Rashid to -
be physically removed...
r -
_ Commissioner Dawkins: How many times have you been ran... did he run you off `
' of the slot?
i
? Ms. Fernandez: No, whenever he wanted to, he would say, someone else is
coming here. Now you leave or we're physically removing you from here.
! Commissioner Dawkins: I'll rephrase the question again. How many times were
you asked to move from where you were?
Ms. Fernandez: About three or four... Four times, approximately four times.
Commissioner Dawkins: Four times, in how long a span of time?
Mr. A. Fernandez: Excuse me, let me...
Commissioner Dawkins: Let him, let him come to the... He's been trying to get
to the mike. Let him come to the mike.
Ms. Fernandez: Oh, all right. Well, certainly, go ahead.
Commissioner Dawkins: Come on, sir. Yes, sir.
Mr. A. Fernandez: When we came to this situation over there as a vendors in
Coconut Grove, we find out that this gentleman portray himself to be the...
Commissioner Dawkins: The leader, go ahead, um hum.
Mr. A. Fernandez: ...the president...
Commissioner Dawkins: The leader.
Mr. A. Fernandez: ...of the merchant association which is non-existent. You
can call Tallahassee right now.
Commissioner Dawkins: OK.
Mayor Suarez: The vendors association, OK.
Mr. Fernandez: The vendors association is non-existent. So, he titled this
and validated right then and there.
Commissioner Dawkins: OK.
Mr. A. Fernandez: We find out in a situation in which he himself had
designated two people to steady spot, permanent spot, that are immovable from
there.
Commissioner Dawkins: All right, hold it right there, hold it right there.
Hold it right there now. Is it a fact that you have designated a spot where
people are there permanently?
Mr. Rashid: The association...
Commissioner Dawkins: Yes or no.
Mr. Rashid: No, it's a...
Commissioner Dawkins: Yes or no. Is it any spot out there where two people
do not rotate from, that they are there...
Mr. Rashid: That is so, but... well, you asked the question.
Commissioner Dawkins: All right, so that is so. Go right ahead, sir.
214 July 11, 1991
Mr. A. Fernandez: Uh huh. So...
Commissioner Dawkins: That's a fact. Go ahead.
Mr. A. Fernandez: He came over here to challenge the authority of the
director of Public Works in which the statute - the ordinance specifically
states that the only person that has the authority to create any kind of
spot... OK, what authority he has to, like you... as him...
Mayor Suarez: No, we've specified that he has no authority right...
Commissioner Dawkins: He has no authority.
Commissioner Alonso: That was wrong.
Mr. A. Fernandez: OK, OK. And nevertheless you hear...
Mayor Suarez: But, if he gets people, cooperating on something, then everybody
has authority to do that, of course, on a voluntary basis.
Mr. A. Fernandez: And nevertheless you hear him saying, yes, that he put two
people in two places. All right?
Mayor Suarez: OK, he shouldn't say that, all right.
Commissioner Dawkins: So now, we've eliminated that. Now what's the next
problem?
Mr. A. Fernandez: We eliminated that so in view of all the harassment that we
suffer with these people...You see this other gentleman that sits with him
over there? He threatened my wife with death.
Commissioner Dawkins: With death?
Mr. A. Fernandez: Yes, and we have the police complaint over here.
Commissioner Dawkins: Shoot him. Shoot him back.
Mr. A. Fernandez: This person over here. He send three people...
Mayor Suarez: If there was a police complaint...
Mr. A. Fernandez: Mr. Rashid. We have a police complaint over here.
Mayor Suarez: Wait, wait, wait! Yes, if there was a police complaint, it is
being investigated, presumably, by the police...
Mr. A. Fernandez: No, never have been investigated, it's there.
Mayor Suarez: ...and it's not going to be disposed of tonight. But you have
made this statement about the other gentleman who hasn't even spoken yet. I'm
not sure what the relevancy of that is, but maybe it was related to all of
this.
Ms. Fernandez: Actually, if I may clarify that, this is the reason we were
having the problems from the beginning with the rotation system. I feel that
there shouldn't be a rotation system.
Mayor Suarez: We've clarified that.
Ms. Fernandez: All right, very good. This is regarding specifically whether
we were not given proper spots. After we moved away from what were considered
rotation spots, then we were again bothered by Mr. Rashid.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, please, one at a time. One at a time.
Commissioner Dawkins: OK, let's see if we can bring this to a close.
Mr. Avi Harari: Can I speak, sir? Excuse me, can I speak?
215
July 11, 1991
Commissioner Dawkins: We are saying to you now, and we are saying to him,
nobody has a right to any spot permanently.
Ms. Fernandez: We agree.
Commissioner Dawkins: Now, if the association, which we asked them to, arrive
at an agreement, that agreement must serve everyone. They cannot tell you
that you have to... if there's two spots, I mean, if it's ten slots, and it's
rotation, and you are the I1th person, then you go on the list, and come ten
times until you get to eleven and you be gone. That's the way it's supposed
to work. And that's the way I, for one, up here, intend to see it work.
Commissioner Alonso: Yes, but what is important, Commissioner, is that the
person who claims to be the president of this organization understands is that
he has to have the agreement of the people involved, and that he has no power
whatsoever to assign specific spots to anyone. It will be on a rotating basis
for everyone concerned. No preferences, not my friend, no I like this person
better than the other.
Mayor Suarez: And if you're able to do that, you know that's great. If not,
we keep going with the other system. Now, you have been alluded to and you
wanted to answer. Please, please, sirl
Mr. Harari: Yes...
Mayor Suarez: You wanted to make a quick statement. I don't see that we can
prolong this forever. We've got other items.
Mr. Harari: My name is Avi Harari, I'm a vendor and florist in the Grove. We
didn't have any problem in the last three years until we have the new vendors.
Then two spots that they're talking about is two spot that nobody wanted them,
and by giving them to those people who choose them, we kind of eliminate less
people to rotate on the two good spot and six no good ones.
Mayor Suarez: Yes, you were looking for an accommodation with everybody, and
that made sense. Now there's someone...
Mr. Harari: Right. Right, about threat, I think it's all lie. I have a
store in Coconut Grove that I got from being a push cart - when start as a
push cart... The only...
Mayor Suarez: You did? You started as a push cart owner and now you have a
store?
Mr. Harari: Yes, and I sold only my own earring that I make. These people
who sell stuff that is not even supposed to sell because it's contradict
what... it's against the interest of other stores. We trying always to sell
things that is our hand made and originals.
Mayor Suarez: OK, but we considered all of that and built it into the
ordinance. If it's not prohibited by the ordinance then, your views of
whether you would like him to sell it or not are...
Mr. Harari: But nobody forced that law. And about threat, the only threat
that I said is that I want to have all the rotation or we go to the Commission
and we talk about it.
Mayor Suarez: That kind of threat you can engage in. All right?
Ms. Fernandez: That's ludicrous.
Mr. Harari: OK, thank you.
Ms. Fernandez: I would not... that's ludicrous.
Mayor Suarez: Waitl You made your allegation. He answered it. Now you guys
have to resolve it in another forum, not here, please.
Ms. Fernandez: Regarding the same law about the items that he says. He
cannot come before the Commission...
Mayor Suarez: I told him that, I told him that.
216 July 11, 1991
11
Ms. Fernandez: ...and state that there are items being sold that are
incorrect. Because the law states that if you have a proper grasp of the
English language, Avi, I wish you would understand this statement. It says
that the items that are altered in any way by the street vendor or the crafts
person. I don't think that the law can be any clearer than that. It's
referring to two people, the street person...
Mayor Suarez: No law is clear. I've studied that in law school.
Ms. Fernandez: ...street person, the street vendor... Well, I think that
this is very clear. I have gone through getting... I've gone to the library
and obtained a lot of information regarding the products that I make - that I
make and that I also bring in from different countries that are hand crafted.
Mayor Suarez: If there's any doubt about the meaning of the law, you have the
most eager Public Works director in the entire country who will help you, and
he will consult the City Attorney.
Commissioner Alonso: He's been working with them.
Ms. Fernandez: Well, he certainly has. We appreciate that.
Mayor Suarez: And that is... apparently he's built into the ordinance as
someone that interprets some of this, so that's even in the ordinance. All
right.
Ms. Fernandez: Exactly.
Commissioner De Yurre: Mr. Mayor, Mr. Mayor, see if we can give some...
Ms. Fernandez: Well, we appreciate your time.
Mr. A. Fernandez: Mr. Mayor, will you please...
Mayor Suarez: OK, Commissioner De Yurre.
Commissioner De Yurre: finality to this.
Mayor Suarez: Well, I'm through with the public hearing unless there's
anything that any Commissioner wants to do.
j Commissioner De Yurre: OK, what I would like to do is, since Dr. Prieto, he's
been involved in this situation, overseeing it, that we instruct him to
oversee the actual allocation of the spaces until we can come back and maybe
make some adjustments to the ordinance, and...
Vice Mayor Plummer: We get another coffee can.
Commissioner De Yurre: ...and he's, you know, he's in accord to do that.
Mayor Suarez: Well, as of now, it's first come, first serve. I mean, he's
not going to oversee it...
Commissioner De Yurre: I know, but...
Mayor Suarez: ...at 4:00 o'clock in the morning, you know.
Commissioner De Yurre: Well, but that's... whatever it is, if it's a first
come, first serve, that's the way it is. OK?
Mayor Suarez: Yes, you certainly keep a close eye on the situation and make
sure that it's being handled in accordance with the law absent an agreement by
all the vendors. And, of course, the problem with an agreement by all the
vendors is you get a new one coming in, and then the new one may not agree.
And so it's...
Vice Mayor Plummer: Mr. Mayor...
Mr. A. Fernandez: Mr. Mayor, will you please? Let me explain something to
you. I do not abide for whatever this gentleman he try to be the leader of
because both of them... This, this over here...
217 July 11, 1991
Mayor Suarez: We've dealt with that issue! We've dealt with that issue!
Mr. A. Fernandez: ...and the other one, they are own their own store. They
are no street pushers. They own their own store, and the association is non
existent, so how I going to be abiding for whatever he dictate?
Mayor Suarez: They're not - you're not. The association is not setting up
any rules right now. If any individual, whether he owns a push cart, whether
he's a vendor or not, where a Commissioner or Dr. Prieto obtains agreement
from everybody, you certainly are not going to be upset...
Vice Mayor Plummer: I told you what was going to happen.
Commissioner Alonso: If not, it's first come, first serve, that's all.
Mayor Suarez: Right.
Dr. Luis Prieto: Yes.
Mayor Suarez: Vice Mayor Plummer, please.
Vice Mayor Plummer: I can't vote on this issue because I know somebody is
going to wind up dead. It's a conflict of interest for me. Mr. Mayor, with
your permission, I would ask please that in behalf of your representation as
Bayfront Park Trust Authority, that the City Manager, the City Public Works
director, and the Police Department please sit down - and the Fire Department,
because they are involved - with Mr. Ira Katz, and get this matter resolved so
that all parties understand what is the law, and please see if we can't come
about where what is the policy and the law of this Commission, will be adhered
to and I'm asking that, Mr. Mayor, that they meet with Ira Katz and if there's
others involved, so be it, but let's have a meeting of the minds so that the
next time that there's a major event, we don't have a proliferation of these
problems that continue to exist.
Mayor Suarez: It's not as aggravating on an ongoing basis, it's not as
complex as Coconut Grove, but on a once every so often basis, it could be
incredibly problematic over there because of the huge number of vendors that
try to participate, I'm sure, for an event like Fourth of July, it was like
200,000 people out there.
Vice Mayor Plummer: Mr. Mayor, you're going to be very, very pleased to see
the results of the net to the park for that event.
Mayor Suarez: I've heard some rumblings to that effect, all right.
Vice Mayor Plummer: Yes, sir.
Mr. Prieto: Can I proffer a suggestion? The department is coming up with a
modification to chapter 35. But, basically, I would like to perhaps
incorporate an idea that was put forth by Commissioner Dawkins, which I think
is very valuable to the City. And that is, rather than a rotational basis,
perhaps a bid basis on an annual basis...
Mayor Suarez: Yes, the RFP idea might make sense in the final analysis.
Mr. Prieto: It brings certainly...
Mayor Suarez: I guess we had always hoped that this somehow wouldn't be so
solidified in place as to have RFPs and everything, but...
Vice Mayor Plummer: Are you indicating.. excuse me...
Mayor Suarez: Yes.
Vice Mayor Plummer: ...are you indicating on a bid basis that they would pay
the City something?
Commissioner Alonso: Oh, yes.
Commissioner Dawkins: Yes.
218
July 11, 1991
Mayor Suarez: Yes, yes.
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: Isn't that unique.
Mayor Suarez: J.L. likes it already.
Commissioner Alonso: Yes.
Mayor Suarez: We'll get money out of it, he likes it. All right.
Vice Mayor Plummer: I love it.
Mayor Suarez: Item fifty... yes, I think, Doctor, you can certainly look at
that possibility with the new ordinance being proposed.
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68. GRANT REQUEST BY BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH
FLORIDA, INC. FOR $55,000 TO COMPLETE RECONSTRUCTION OF THE DORSEY HOUSE.
-------------------------------------------------------------------------------
Mayor Suarez: Item 53.
Ms. Dorothy Jenkins Fields: Good evening, Mr. Mayor, Commissioners, I'm
Dorothy Jenkins Fields, 5337 N.W. 29th Court, Miami, Florida. With me today
is Valerie Riles, administrator for the Black Archives Foundation, and Les
Bellingson, who is the project architect for the D.A. Dorsey house. Also, our
members of the board of trustees and directors, Mrs. Carmeta Russell is the
chairman of our board. Mrs. Russell, all right. The issue this evening is
the completion of the reconstruction of the D.A. Dorsey house. Represented
today behind me, are members of pioneer families. They serve as trustees and
directors of the Black Archives Foundation. They are here because they care
about the future of the City of Miami. They are helping to preserve the City
that their forebears built for future generations. We, like others, have sat
long hours today, but we have sat for a different reason. Of all things,
we've sat for a house. The D.A. Dorsey house is a historic site, built by
black pioneer businessmen in 1913. This historic site is located in the
Historic Overtown Folk Life Village which, of course, is a part of the
Southeast Overtown redevelopment plan. The village, as you well know, is part
of the partnership that the Black Archives Foundation and City of Miami have
formed in order to redevelop the area. The...
Commissioner Dawkins: What do you need? What do you need, Mrs. Fields?
Vice Mayor Plummer: Money, money, and money.
Ms. Fields: Mr. Mayor, I wanted Mr...
Vice Mayor Plummer: Three things.
Ms. Fields: Commissioner, I wanted to give you that background just...
Commissioner Dawkins: Yes, but I live out there with you. I know the
background, I've been through this. What do you need? I've been here since
9:00 o'clock this morning, and I don't want to sit here till 9:00 tonight.
What do you need?
Vice Mayor Plummer: Well, quit talking, and you might get out of here.
Commissioner Dawkins: What do you... No, no, I'm going to stop. What do you
need?
Ms. Fields: We have gotten $98,000 from the County.
Commissioner Dawkins: What do you need?
Ms. Field$+:We have $66,000 from the City, and that has taken us, Mr.
Commissioner.
219 July 11, 1991
VW 40
Mayor Suarez: Dottie, how much do you need now? -to finish the job?
-� Ms. Fields: Forty percent complete of the work that has to be done, and we
-i have shown you, I think, the pictures. We're in the midst of construction.
-i And it was important for me to let you know that we've gotten to that point.
i
Mayor Suarez: Right. Yes, we certainly saw it in vivid detail with all the
pictures, you know. From all the different angles of the structure and
everything.
Ms. Fields: We need $55,000 to complete the work.
Mayor Suarez: All right, any ideas, Commissioners?
Vice Mayor Plummer: Don't ask us, ask the administration. We don't have a
- check book.
Mayor Suarez: I thought Commissioner Dawkins had an idea that this should
be...
_ Commissioner Dawkins: I did, but she didn't want to tell me what she wants.
I'm going to let her go home without it. OK, you know, I'm like J.L. Plummer,
if you s i t here long enough, and you wait long enough, i t' l l come around to
you. Mr. Frank Castaneda, this morning you found money...
Mayor Suarez: From a mini-UDAG (Urban Development Action Grant).
Commissioner Dawkins: ...from the mini-UDAG, for a project. What was the
name of the project, sir?
Mr. Frank Castaneda: The Allapattah Development Authority.
Commissioner Dawkins: How much money did you find for them?
i
Mr. Castaneda: Forty-three thousand.
Commissioner Dawkins: Forty-three thousand. They need fifty-five. How much
is left in that fund?
Mayor Suarez: Enough.
Mr. Castaneda: Ahhh...
Commissioner Dawkins: OK, no problem. How much is...
Mr. Castaneda: Very little.
Commissioner Dawkins: All right, what is very little? Sixty-six, fifty-
eight, eighty-five?
Commissioner Alonso: Enough to cover this.
Commissioner Dawkins: No, no, no, no. See, because I may have some more
things. I don't want him up here guessing, I can tell him what's left.
What's left now?
Vice Mayor Plummer: Hello?
Mr. Castaneda: Somewhere around that figure, Commissioner, because...
Commissioner Dawkins: That figure. Oh, was it somewhere about eighty-five
thousand?
Mr. Castaneda: We had about... No, no, not that.
ti Commissioner Dawkins: Well, then, that's what you ... well, I'm going...
Mr. Castaneda: Let me figure it out, because we've already made a loan out of
there.
Mayor Suarez: Do you need to...
220 July 11, 1991
a
Commissioner Dawkins: How much is left
Mayor Suarez: Roughly. I mean, you
penny.
Mr. Castaneda: Roughly, it was two hunarea eignLy-TTve wnaL we naa Lnere, we
are going to be taking forty-three to something for their... so, it's two -
forty...
Mayor Suarez: Yes, it's two -forty some.
Commissioner Dawkins: So 43 from 85, so it's about two hundred...
Mayor Suarez: Two forty.
Mr. Castaneda: There's two -forty there now. So, if you take 65 from there...
Commissioner Dawkins: Fifty-five.
Mayor Suarez: Fifty-five. One eighty-five - eighty-five.
Mr. Castaneda: Fifty-five, then you'll have one, one eighty-five or so left
there. But, we have some commitments already for next year.
Commissioner Dawkins: So, if I take 55, I still got a hundred and twenty-five
to play with.
Mayor Suarez: Hundred and eighty-five.
Commissioner Dawkins: No, no, I'm going to give him the other money because he
say he got some commitments he got to keep.
Mayor Suarez: Right.
Commissioner Dawkins: OK. Mrs. Fields... No, no, the Black Archives, you
applied for money like another organization. Tt was not granted. The other
entity was told to come back at a hearing, and we would provide the money. I
suggest that you get with Mr. Castaneda, and when the other group returns for
the forty-three thousand, you return for fifty-five thousand, and I so move.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Vice Mayor Plummer: How many "botellas" have you got to get rid of? Call the
roll.
Mayor Suarez: We have to do it through a public hearing, because it's a mini-
UDAG program. All right. Call the roll.
Vice Mayor Plummer: There goes two "botellas."
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-548
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES OF THE BLACK ARCHIVES, HISTORY AND
RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. FOR AN
ALLOCATION OF $55,000 TO COMPLETE THE RECONSTRUCTION
OF THE DORSEY HOUSE.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
221 July 11, 1991
Is
AYES: Commissioner Victor De Yuri
Commissioner Miller J. Dawn
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer,
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: Two liter "botella."
Mr. Castaneda: Yes.
Commissioner Dawkins: Now, Mr. Castaneda.
Mr. Castaneda: Yes, Commissioner.
Commissioner Dawkins: Does the group who came here for the...
Mayor Suarez: ABDA.
Commissioner Dawkins: ...theater, do they qualify for these funds?
Mr. Castaneda: No, because that's under public service.
Commissioner Dawkins: That's a public service.
Mr. Castaneda: And the public services, the cap of the 15 percent.
Commissioner Dawkins: So I've got to find $3,000 for them some place else.
Mr. Castaneda: Yes.
Mayor Suarez: Right.
Commissioner Dawkins: OK. All right.
Mayor Suarez: OK, Miss Fields, thank you.
Ms. Fields: May I ask the question as to when is this public hearing?
Mr. Castaneda: July the 25th.
Mayor Suarez: When are we expected to have the hearing?
Commissioner Dawkins: That's what he's getting ready to tell you now, Dot.
Mr. Castaneda: July the 25th we will have it.
Mayor Suarez: All right.
Commissioner Dawkins: July 25th, Dot.
Mayor Suarez: Very good.
Commissioner Dawkins: And all of you all don't have to come, OK?
Ms. Fields: Thank you.
Mayor Suarez: Come up to the mike to get...
Ms. Fields: Thank you.
Unidentified Speakers: Thank you.
Mayor Suarez: You may stay home that day.
Commissioner Dawkins: Now, we...
Mayor Suarez: I can't imagine that we could do this...
69. (Continued Discussion) DIRECT MANAGER TO ASSIST NEW AGE DANCE THEATER TO
IDENTIFY AN ALTERNATE SOURCE OF FUNDING CONCERNING PRODUCTION OF THEIR
FILM: "FAUNO" (See label 65).
------------------------------------------------------------------------------
Commissioner Dawkins: When do you want to start filming?
Mr. Juan de la Fe: We film...
Unidentified Speaker: August loth.
Mr. de la Fe: ...August loth.
Commissioner Dawkins: All right, you come... Mr. Manager...
Unidentified Speaker: We start rehearsals on the...
Commissioner Dawkins: ...will you work with them so that when we come by
here
on the 25th, we will have identified what they need?
Mr. Wally Lee: Yes, Commissioner.
Commissioner Dawkins: All right.
Vice Mayor Plummer: Can I ask a question? Doctor, you know, I hate to
sound
like a former colleague, but so that we don't have chain saws and scar
faces
and everything, have you read over the script?
Dr. Lizaso: No, sir, I have no idea...
Mr. de la Fe: Oh, no, sir...
Vice Mayor Plummer: Well, I would hate to see up on 79th Street in which
they
call art theaters, the City of Miami being specialized with how many "Xs."
Mayor Suarez: He just came back. Drop the subject. Drop the subject,
first
amendment.
Mr. de la Fe: As a matter of fact, Elizabeth Brown, which is...
Mayor Suarez: We assume that Carl Goldfarb was not in the room, so we figured
we'd get into the whole artistic evaluation. It's not a wise idea.
It's
going to be a...
Vice Mayor Plummer: Do we have any idea what this movie is about?
Mr. Lizaso: Yes, sir, we have an idea.
Vice Mayor Plummer: Dirty dancing or...
Mayor Suarez: Now, just...
Mr. Lizaso: Yes, the... as they presented....
Mr. de la Fe: Excuse me, the film...
Mayor Suarez: Vegetables or no, OK.
Mr. de la Fe: May I?
Commissioner Alonso: Yes.
Mr. de la Fe: The film has been accepted by Mrs. Elizabeth Brown, which is
the executive director of the Lincoln Center Art and Dance Film Festival.
Mayor Suarez: Have you got any money at all from the State of Florida or from
Dade County or any other...
Mr. de la Fe: No, we're going for the grants.
223 July 11, 1991
M
Mayor Suarez: ...Endowment of the Art'.
Mr. de la Fe: But people which are...
Mayor Suarez: Have you got support 1
he reads the script.
Commissioner Alonso: Don't pay attention to any of this, please.
Mayor Suarez: Seriously, you should get support letters that... there he goes
again, talking about... No, all right.
Commissioner Alonso: Come back the 25th, it will be OK.
Mayor Suarez: Yes, he's going to try to solve it for you between now and the
25th. In the meantime, you may really ought to try state and County and
endowment agencies, and get support letters from Commissioners that are will
to give them, and the Mayor and so on, to help you with that. Because it may
be monies you haven't identified yet.
Mr. de la Fe: Thank you, and we also...
Mayor Suarez: And then, otherwise, we'll be back on the 25th at the request
of Commissioner Dawkins. OK?
Mr. de la Fe: OK, and we also have the prestigious company of Cine Videotech,
Egon Stevens, which most of the equipment for all films in the City is rented
by them, that they are helping us with the whole...
Mayor Suarez: All right, and I've got one other idea that I forgot about.
They're looking right at us. TCI. Go talk to them. They're supposed to be
helping with a variety of City programs...
Commissioner Dawkins: That's right.
Mayor Suarez: ...and I think the gentleman's name now is Mr. Steve Friedman.
Commissioner Alonso: Yes.
Mayor Suarez: There we go. Mr. Steve Friedman. We have his number, you
ought to call him tomorrow. Do not waste any time. Call him on Friday, tell
him the Commission suggested that you talk to them about the possible support
of your film.
Commissioner Alonso: He will be very happy to help.
Mr. de la Fe: Thank you.
Mayor Suarez: All right?
Mr. de la Fe: Thank you very much.
Vice Mayor Plummer: May I suggest that you surrender to our in-house, a copy
of the script please.
Mr. de la Fe: Yes, absolutely.
Mayor Suarez: He loves to read scripts. All right.
Mr. de la Fe: Thank you so much.
224 July 11, 1991
70. GRANT REQUEST BY COMMITTEE FOR COMMEMORATION OF AFRICAN HISTORICAL_ EVENTS
FOR: (a) CLOSURE OF DESIGNATED STREETS, AND (b) USE OF CITY TRAILER OR
ANY OTHER ASSISTANCE WHICH WOULD NOT REQUIRE OUT-OF-POCKET EXPENSES,
CONCERNING BICENTENNIAL BOIS-CAIMAN FESTIVAL.
--------------------------------------------------------------------------------
Mayor Suarez: Item 54 we've handled?
Commissioner Dawkins: No.
Mayor Suarez: No, we haven't. All right.
Commissioner Alonso: Yes.
Mayor Suarez: Very good.
Mr. Emmanuel Schilier Sanon-Jules: Good afternoon, my name is Emmanuel
Schilier Sanon-Jules and I work for the Haitian Task Force at 5925-27 N.E. 2nd
Avenue. Honorable Mayor, City Commissioners, City Manager, City officials,
ladies and gentlemen, it is a real honor that today before you we appear
represent... I was representing the committee and rest of the Haitian
community had other occupations and they left. But with us we have Mr. Bobby
Wells, director of the Carver Cultural Center. We had Mr. Magne Sabin,
partner owner of Obsession night club and Cordon Bleau Restaurant. We had Mr.
Thomas Sanon-Jules, president of Grove Town Music, Inc. We had Mr. Alex
Legros, which is a member of Little Haiti Crime Prevention Program Subcouncil.
We had Mr. Harry Andre, which is the treasurer for the Committee of
Commemoration of African Historical Events. And I, of course, as your
spokesman. We want to thank all of you for taking the time to listen to us.
I know that within you, our cause will be justified. We all know of the
efforts that Miami City officials have contributed in trying to make this City
a better place for all of us to live in. We all have a moral responsibility
to this community, and are touched directly or indirectly by the things that
go on here in this City that we all share and love. And I appeal to you, City
officials, we are seeking your help in giving the community the celebrations
that are planned. It will help alleviate tensions. It will concretely
benefit some of the City vendors, and also we help bring all of these
different cultures together. What we are seeking is sponsorship through
funding assistance for the celebration of Bois-Caiman which most of your
probably know of already. It is history that goes back 200 years ago where on
the island of Saint Domingue, the slaves that were there at the time decided
to uprise against slavery and live free, and from then, you know, moved on to
help liberate some of Latin America's and even here, United States of America.
And for that we're asking a waiver of all City fees allowed by City
Commission, and a grant that would help us cover some of the City expenses.
Mayor Suarez: Where is that to be held at?
Mr. Sanon-Jules: This is a celebration that we're supposed to be holding, it's
the 23rd and 24th of August.
Mayor Suarez: No, where, where? -what location.
Mr. Sanon-Jules: Un 54th Street, from Miami Avenue to N.E. 2nd Avenue.
Mayor Suarez: OK. The one good thing about 54th Street is that it comes
essentially free. You know, the problem is the services that are needed to
close off the street. You're talking about closing off the street, right?
Mr. Sanon-Jules: That's right.
Mayor Suarez: And I would be inclined, if our staff was convinced that if
they recommended the event, to, you know, to allow the closure of the street
and possibly the use of a trailer or some other facilities that we have or
assets that we have without anything out-of-pocket. But we don't have any
money to actually fund anything that would require the services that the City
requires, police and fire, etcetera. And you have to look for that
contribution from the private sector, from donations, because we just don't
have any money, so...
225 July 11, 1991
Mr. Sanon-Jules: Well, we've been trying to do a lot of things to raise
money. We have, sharing - organizations that have donated like airline
tickets, round trip tickets, to Haiti. We have a merchant that give us cases
of soda and $50 that we're raffling, and we are selling tee-shirts to try to
raise money, but City of Miami police has asked us for $5,780 for that event.
Also, we have sanitation that is costing us $1,200, and the...
Mayor Suarez: That typically - what we can do on sanitation is you post a
bond, and if you clean up after the event yourselves and take care of it
adequately, we return the bond to you. That's another thing that we allow.
Mr. Sanon-Jules: Thank you, because what we've been doing is exactly...
Mayor Suarez: Police, there's just not too many ways. The only thing we can
do on police is try to reduce the amount of officers that they have
recommended, and have you cooperate with them through your own security group
that are well trained and that we know that will do a good job, and working
under the police. But we just can't waive that. We can't waive that.
Vice Mayor Plummer: He's talking two days.
Mr. Sanon-Jules: OK, it's... we, because of budget, we have cut back to one
day and...
Commissioner Alonso: One day, one day.
Vice Mayor Plummer: One day?
Mr. Sanon-Jules: Yes, and I do want to thank this Community Development
Services, Mrs. Espi Avalos from Mr. Frank Castaneda's office, and for the City
of Miami Police Department, Special Events Department. They have really been
working and trying to help us out on this festival.
Mayor Suarez: No chance that we could... what hours would this be? No chance
we could use some on -duty officers?
Vice Mayor Plummer: How many officers are you contemplating?
Mayor Suarez: Oh, no, I mean on -duty, Joe.
Mr. Sanon-Jules: OK, what we have...
Mayor Suarez: Some people who are otherwise in that area to help out? -keep
an eye on festivities.
Lt. Joseph Longueira: There's no way we can do that, Mr. Mayor. That area of
town has got the highest calls for service, 20 sector. We can't pull officers
to do that. They're just too busy. And this is a...
Mayor Suarez: OK.
Vice Mayor Plummer: How many officers are you contemplating for the event?
Mayor Suarez: How about some majors, captains, assistant chiefs? We don't
have colonels any more which is just as well.
Lt. Longueira: You could always ask, but you can't count on it. You still
have to plan to pay somebody to do it.
Mayor Suarez: I'd love to be under a system where you cannot just ask, but
tell them, you know.
Vice Mayor Plummer: How many officers are you contemplating for the event?
Lt. Longueira: They were looking... What I have here is one lieutenant, two
sergeants and 16 officers. Now, that's when they were planning a two-day
event. I'd have to check and see what it's going to be for one day.
Commissioner Alonso: That's a lot. That's a lot.
226 July 11, 1991
Lt. Longueira: But this is the first time they're going to hold it, and we.
don't know what it's going to be like.
Mayor Suarez: All right, work the lieutenant. The fact that you've never
held it before makes it difficult for us to predict. So we shoot for a higher
figure. Once you've done it, once we know that the people have conducted
themselves properly, that you have your own security people and that you do a
good job, it's much easier in the future. So...
Mr. Sanon-Jules: OK, what we have done is sensitize a lot of the community to
the Little Haiti Subcouncil Crime Prevention Program to a radio program in the
morning. We have had maybe 60 to 70 volunteers for security. We already have
volunteers for cleaning up after the event. And I think the City could take
all of those into consideration in helping us out putting this event through.
Mayor Suarez: Just giving her some ideas of some private funds that might be
able to...
Mr. Sanon-Jules: We'll also have members of the Latin community...
Mayor Suarez: When we run out of public funds, we try private funds. When we
run out of private funds, we say, thank you, good luck.
Commissioner Alonso: We go to the private sector and then we run out of funds
period.
Mayor Suarez: All right, on the other part of the item, do we recommend the
street closure, Mr. City Manager? Do we recommend the street closure and the
use of the trailer and those kinds of assets that don't cost us, essentially,
out-of-pocket?
Lt. Longueira: Mr. Mayor, our recommendation would be close 2nd Avenue, not
54th Street; 54th Street it's a major road in that part of town.
Mayor Suarez: What times are they? It's for an entire day?
Mr. Sanon-Jules: OK, it will be Saturday, the 24th, from 12:00 to 8:00 p.m.
Twelve noon to 8:00 p.m.
Mayor Suarez: Couldn't you do it on 2nd Avenue?
Mr. Sanon-Jules: I think we can.
Mayor Suarez: At least for the first year, you know. We've got quite a few
events of this sort in the City of Miami. One of these days we're going to
get to the point that we're going to do...
Vice Mayor Plummer: Are we talking about N.E. or N.W. 2nd Avenue?
Mr. Sanon-Jules: No, OK, just 54th Street, and would leave north and
southbound traffic on Miami Avenue and N.E. 2nd Avenue open. It will be just
like on the northeast corner of Miami Avenue and the northwest corner of N.E.
2nd Avenue.
Mayor Suarez: Yes, but he's talking about... you're talking about doing it on
2nd Avenue, right, lieutenant?
Lt. Longueira: Yes, our recommendation will be to do it on an avenue, not
54th Street.
Mayor Suarez: From what street to what street, for example, just so he has an
idea?
Lt. Longueira: You could go from 54th north, I guess, would be better.
Vice Mayor Plummer: On what?
Mayor Suarez: Fifty-fourth of three blocks, two, three, four block, whatever.
Commissioner Alonso: fifty-four to what?
227 July 11, 1991
Vice Mayor Plummer: Mr. Mayor, N.E. 2nd Avenue right now is really... It's
hot, it's very hot in Sabal Palm. Let me ask this question, if I may. One of
the congregating spots of Haitian people as I know it, is the church on 62nd
and Second.
Mr. Sanon-Jules: Second Avenue, N.E.
Vice Mayor Plummer: Is there any way that you could hold that festival in
that huge vacant lot of the church and not on the street? It would surely be
a lot safer situation.
Mr. Sanon-Jules: Well...
Vice Mayor Plummer: Yes, the Notre Dame Church. Notre Dame. That's where
—�, they hold their masses and they hold a lot of their gatherings, and it's a
humonguous lot.
Mr. Sanon-Jules: OK, we have spoken to Father Thomas...
Vice Mayor Plummer: Yes.
Mr. Sanon-Jules: ...Wenski Thomas there, and he wasn't too keen to the idea
because the ceremony of Bois-Caiman itself was a mystical ceremony.
Vice Mayor Plummer: Is not Catholic. OK.
Mr. Sanon-Jules: And we have a little confusion. We have like the street on
2nd Avenue right across from the Caribbean Market Place, from 59th Street,
maybe 61st Street.
Mayor Suarez: Let's try for that. If that's what he's recommended.
Mr. Sanon-Jules: But, we have...
Mayor Suarez: Lt. Longueira has recommended that. We have a few other
items...
Vice Mayor Plummer: Well, no, no, I think, you know, if... Let me ask one
other thing and then I'll shut up. Fifty-ninth Street, could you consider
from 59th N.E. to the railroad tracks?
Mr. Sanon-Jules: To the railroad tracks?
Vice Mayor Plummer: OK? Going east, and that because on a Saturday, that
basically is a warehouse district, and you could hold it in there and not
inconvenience a whole lot of people. You know, it's not that busy a
thoroughfare.
Mayor Suarez: That's why we call him the police commissioner, you know.
Vice Mayor Plummer: No, I know the area. That's why...
Mayor Suarez: Could we leave the details to be worked out, subject to your
approval on that?
Vice Mayor Plummer: Sure, fine with me. Subject to the police approval?
Mayor Suarez: Yes, and then your oversight.
Vice Mayor Plummer: That's fine with me.
Mayor Suarez: I mean, you can, for all I care, you could...
Mr. Sanon-Jules: OK, if we...
Mayor Suarez: Wait, wait, wait, let's see if we can get that much
accomplished. Subject to all of that, a resolution allowing the use of the
closure of the streets, and use of the trailer and any other assets that we
can get to them that are not, you know, requiring out-of-pocket. I'll
entertain a motion on that.
Commissioner Alonso: And then if they clean...
228 July 11, 1991
pq
Mayor Suarez: Right.
Commissioner Alonso: ...solid waste wi
Vice Mayor Plummer: I'll move it under
Commissioner Alonso: Second.
Mayor Suarez: OK, under those provisos, 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. 91-549
A RESOLUTION GRANTING THE REQUEST RECEIVED FROM
REPRESENTATIVES OF THE COMMITTEE FOR COMMEMORATION OF
AFRICAN HISTORICAL EVENTS RELATED TO THE CELEBRATION
OF THE BICENTENNIAL BOIS-CAIMAN FESTIVAL FOR THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC ON SATURDAY, AUGUST 24, 1991; SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; WAIVING THE
REQUIREMENT THAT THE ORGANIZERS PAY ALL APPLICABLE
CITY FEES ALLOWED TO BE WAIVED BY CITY CODE; FURTHER
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED
HEREIN UPON THE ORGANIZERS PAYING FOR THE NECESSARY
COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND
POSTING A BOND FOR SOLID WASTE CLEANING EXPENSE TO BE
REIMBURSED WHEN SAID ORGANIZATION CLEANS THE AREA
AFTER 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.)
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: OK, anything else, quick?
Vice Mayor Plummer: Quit while you're...
Mayor Suarez: On the police services, all we can do is try to reduce the
requirements, so it will be less of an imposition for you, and help you to try
to raise funds privately.
Mr. Sanon-Jules: Thank you, sir.
Vice Mayor Plummer: Whatever you do with the Police Department, you have to
pay it in advance.
Mr. Sanon-Jules: Yes, they did give us a 14 of August deadline.
Vice Mayor Plummer: Solid Waste, they have the option of cleaning it
themselves or putting up a bond, and if they don't do it properly, we'll go in
and deduct from the bond.
Mr. Sanon-Jules: The date is August 24th.
229 July 11, 1991
'1
Commissioner Alonso: August 24th.
Mr. Sanon-Jules: Which is a Saturday.
Mayor Suarez: All right, we'll shoot for it. Thank you, we have passed the
motion and a second. We've done the best we can on it.
Mr. Sanon-Jules: Thank you very much.
71. BRIEF DISCUSSION CONCERNING PROPOSAL BY BISCAYNE COMMUNICATIONS, INC.
REGARDING SIGNS ON BISCAYNE BOULEVARD FOR ADVERTISING MIAMI ARENA EVENTS.
Mayor Suarez: Is Mr. Cardenas still around? Al Cardenas.
Mr. Jack Luft: No, he had to leave.
Mayor Suarez: He had to leave?
Mr. Luft: Yes.
Mayor Suarez: Forgot his item?
Mr. Luft: It wasn't his item, it was the Department of Development's item.
Mayor Suarez: It was. All right.
Commissioner Alonso: Thirty...
Mayor Suarez: In that case, then we'll go ahead and go to item 55, and we'll
get right back to you, Jack.
Commissioner Dawkins: Fifty-five?
Commissioner Alonso: Yes.
Mayor Suarez: Yes. I thought I saw a very well dressed arena manager walk in
a little while ago. Did you lose him?
Commissioner Alonso: I want also the colors. Without the colors I will not.
Mayor Suarez: Is he supportive of this? All right, Mr. City Manager, Mr.
City Attorney, obviously the idea of a sign on Biscayne Boulevard telling
people where the arena is, if it was the proper sign, subject to all of our
criteria, planning, zoning, etcetera, Building & Zoning would not be a bad
one. Particularly if it's paid by others. However, this has also an
advertising component - billboards. Not on City property.
Commissioner Alonso: No, it's not. It's not in City property.
Mayor Suarez: But by our regulations, I guess, these can only be placed in
a... signs can only be placed in a building used by the individual that owns
and that is advertising that building. So you can't just put billboards in
any old building just because you happen to own it, right?
Mr. Guillermo Olmedillo: Right, that's correct. In this partic...
Mayor Suarez: So, if we were going to make an exception here, which we might
otherwise be inclined to do because, you know, the public purpose aspect of
all this, how can we justify it? And do you recommend it?
Mr. Olmedillo: This could be a directional sign directing to the arena.
Mayor Suarez: I've said all that already.
Mr. Olmedillo: Yes, and it can have the events that are going on, on the
arena which qualifies under the directional sign.
230 July 11, 1991
Mayor Suarez: OK, you would have a requirement that at least, at the very
least... is that what that blue area is supposed to do, Rodney?
wk
Commissioner De Yurre: Yes, it's a sign.
Mayor Suarez: Advertise arena events so we're getting another public use out
of it.
Mr. Olmedillo: That is the message of it.
Mayor Suarez: Are these dimensions, dimensions that you are proposing to us
would be, in fact, the relative dimensions of the public part of this
advertising and the private.
Mr. Rodney Barreto: Correct.
Mayor Suarez: It's not going to end up at this sign up here is tiny, and
these billboards are huge.
Mr. Barreto: No, sir.
Mayor Suarez: These are to scale.
Mr. Barreto: And that's to scale, and that's to City...
Mayor Suarez: No optical tricks here? All right.
Mr. Barreto: No, and that's to City regulations.
Mayor Suarez: So what about the problem of other people who might say, well,
I'd like to put a sign that shows people how to get to the Courthouse or City
Hall, Woody Weiser, whoever. Did Woody finally pay for that sign out there?
So what if Woody said, you know, I want to make that sign a little bit bigger
and under it, put some advertising.
Mr. Olmedillo: The idea of the advertising is the one that we were talking
about with the zoning administrator. The only way that it can be placed there
is that it is a sponsorship. The ad itself is sponsored by whatever name.
Mayor Suarez: Oh, we would specify there would only be an ad that would be
able to say, this is sponsored by...
Mr. Olmedillo: Sponsored by somebody.
Mayor Suarez: How about if you have three? Obviously, you can't have one by
Coca Cola, the other one a Pepsi Cola, and the other one by a competitor,
right?
Mr. Olmedillo: Right.
Mayor Suarez: They're all sponsoring the thing?
Mr. Olmedillo: Right, and they sponsored...
Mayor Suarez: They all claim...
Mr. Olmedillo: The arena or the event, the particular event in the arena.
Mayor Suarez: This sounds like the Olympics. I guess you have an official
thing for each product sponsoring the arena.
Mr. Olmedillo: So it cannot be construed as advertising, per se.
Mayor Suarez: That's interesting. And you don't think this would create a
problem with many people coming up with the same idea for other City
facilities?
Mr. Olmedillo: That is subject to a Class 1 permit, which is an
administrative permit. And if people have a problem with it, they can appeal
it and then go through the process of appeals.
231 July 11, 1991
Mayor Suarez: I see. So how do we begin that process? Or does this
Commission inclined to try to begin that process by...
Mr. Olmedillo: I believe that Commission doesn't have to do anything, if you
have the intent of making a motion of any kind. But the administration can
take care of it by meeting with Rodney and his people.
Mavor Suarez: And it might or might not come back to us if somebody appeals
it at some point?
Mr. Olmedillo: If the decision, the administrative decision, is appealed,
then it may end up in this Commission.
Mayor Suarez: How about that? Anyone want to...
Commissioner De Yurre: So we have no action then on this matter?
Mr. Olmedillo: Not really. Not really, because they may file an application
with the zoning administrator for a Class 1 special permit as a directional
sign.
Mayor Suarez: I'd feel better, Rodney, frankly, if we didn't...
Commissioner Alonso: It sounds too simple.
Mayor Suarez: Yes, if we... to let it follow the correct process. Maybe it
won't be appealed to us, than us having to say, as a matter of principle or
preference or something, we support it. When we start doing that, it sort
- opens the door for other creative people to come up with the same idea. Why
not just go through that process, and see if it gets approved and doesn't
create any big public discussion about it?
._ Mr. Olmedillo: You may have some direction for the zoning administrator when
he's ruling on the Class 1 special permit.
Mayor Suarez: I thought I just explained why that probably wouldn't be a good
idea.
Commissioner De Yurre: OK, wonderful.
Mayor Suarez: All right.
Vice Mayor Plummer: Go away and sin no more.
72. DISCUSSION CONCERNING MANAGER'S PROPOSAL FOR AN AUDIT OF THE CITY - URGE
MANAGER TO IDENTIFY POSSIBILITY OF OBTAINING SERVICE ON PRO BONO BASIS.
Commissioner Dawkins: There was an article in the paper that the Manager and
the chamber thought that there should be an audit of the functionings of the
City of Miami, and I agree. I've said this before. But as I said in my memo,
I don't think that the chamber has the capacity - although they are willing to
do this - and I would like to move that in order to agree with the Manager,
and have an audit, that we hire a Big Eight firm to come in here and perform
the audit which the City Manager and I think is needed. And I would so move
that we hire a Big Eight firm with the expertise to audit the functionings of
this City. I so move.
Mayor Suarez: So moved. Would the existing firm that is our auditor under
contract be able to do an audit and make some kind of a set of recommendations
to us?
Mr. Odio: Well, I need to clarify the word audit.
Mayor Suarez: What did you mean when you told them that you wanted the
chamber to come here and audit us?
Mr. Odio: No, to place it in context, with Commissioner Dawkins' permission.
What happened is in the Public Affairs Committee interested parties that are
232 July 11, 1991
Ak
r
looking for excuses to create some problems with the Grove, began to make
remarks about the City budget, and the monies that the City is spending in the
Grove, etcetera, etcetera, etcetera. At that point, my question to the
chamber committee and to the people there was, how do you know what the City
is spending? You don't even know the City budget, you don't know any details
about the budget, you never looked at the budget. And they kept insisting
that if we spend less money in the Grove than any part else, and that they
contribute more. I happen to know that that's not true. But in order... so I
challenged them to create a volunteer committee of budget to, what we call it
It
exist in the City, by the way, until
budget overview committee, which used
1983, I believe, or 182. The Commission used to appoint civilians to oversee
_ the budget process. So I thought at that time, and I still do think, that it
is important that the citizens of Miami know what the budget is all about.
And if they are really that interested, they are welcome to look through our
budget, line by line, and so I challenged them to do that. And that's what
really happened there.
Mayor Suarez: Now, is that different from what our Audit Committee already
does? We have an Audit Committee. I've appointed an accountant who, is a CPA
(Certified Public Accountant), who is very, very competent.
Mr. Odio: OK, the difference is that the other committee...
Mayor Suarez: If the chamber wants to have another audit committee...
Mr. Odio: No, no.
Mayor Suarez: ...to audit what the auditors do and what the Audit Committee
does to what the auditors do...
Mr. Odio: No, see, we have a CPA firm...
Mayor Suarez: ...they're welcome to do that. We can all audit each other.
Mr. Odio: No, we have a CPA firm that does the finances of the City.
Mayor Suarez: Right.
Mr. Odio: And the Audit Committee deals with that part. They have never
dealt with the budget. And the budget is the first step before we get into
the finances. If we here say that we need money for this or that, people out
there, they always think that they're wasting money. That's why I thought at
the time, I said, well, maybe they should look at what the budget is for, and
where the monies are going before they go over there and make statements that
are wrong. And I still think it's a...
Mayor Suarez: When was the last meeting of our Audit Committee?
Mr. Odio: They met, I think, prior to the financial statements being placed
out. They have been meeting.
Mayor Suarez: Couldn't the chamber give them staff from their many, many...
Vice Mayor Plummer: Ha! The only thing...
Mayor Suarez: ...other accounting firms to our Audit Committee, which is
appointed by us to do...
Vice Mayor Plummer: The only thing the chamber gives you is words, and they
give you a lot of them.
Mayor Suarez: That may be an interesting... You know, so it won't cost us
any.
Commissioner Dawkins: Well, OK, let me... Well, you see, this isn't...
Vice Mayor Plummer: If it costs them anything, you'll never get it.
Commissioner Dawkins: I don't know what the Manager meant. All I can go by
is what I read in the paper, OK?
Vice Mayor Plummer: Oh, are you in trouble.
233 July 11, 1991
Mr. Odio: Well, that's why...
Commissioner Dawkins: Now, so therefore, I still say - and I'm going to say
it again and again - there must be some evaluative methods used to determine
that we are utilizing the tax dollars to its fullest extent. (AUDIO SYSTEM
NOISE) Now, that's right, thank you. Thank you, sir.
Mayor Suarez: That was a response from God.
Commissioner Alonso: Yes, yes.
Commissioner Dawkins: You know I am correct. OK?
Mayor Suarez: God is on your side.
Commissioner Dawkins: And because, see, somewhere down the road, it's going
to have to be some kind of evaluative instrument that we can point to or hold
up and say, you are wrong, as he said, that we are right. And as long as we
continue to allow individuals - and whomever they are, Mr. Manager, I don't
care who they are - to insinuate that we are doing something wrong, they're
going to continue to do it. And all I'm saying is that - and I don't care, I
mean - there must be an evaluation done that we can hold up and say, you are
right or you are wrong.
Mr. Odio: ...if I may, let me give you an example, a classical example, of
what I was trying to do, maybe, if it will help. During the 1980 and '81
there was a crisis here, we had not enough police officers, and the chamber
kept coming here and all the groups interested to one or more police officers,
we never got any monies. All of a sudden the Citizens Against Crime Committee
was formed. They went into the police budget, and all of a sudden
miraculously, monies began to pour from Tallahassee and all over the place
because they knew that we were right, and we didn't have enough money, you
see. So I think we need to get the civilians involved in the budget so that
they understand our financial restriction.
Commissioner Dawkins: There again, I say that the chamber can no more - and
I've said it to them - evaluate the functionings of this administration and
this Commission, than I can fly a 747.
Mr. Odio: But if they get CPAs to volunteer, and also the Latin Chamber, so
why not do it for free and...
Commissioner Dawkins: If they get what CPAs?
Mr. Odio: There are members of the chamber that are CPAs that are willing to
volunteer.
Commissioner Dawkins: There are no members of the C... OK, if, I tell you, if
you... All right, let's do it this way.
Mr. Odio: OK.
Commissioner Dawkins: If you can find members in the chamber...
Mr. Odio: In the Latin Chamber also, please Commissioner. In the other
chambers too, you know.
Commissioner Dawkins: If you can find individuals within Dade County who you
may call CPAs, who have the expertise and the experience of evaluating the
functionings of the City the size of Miami, I'll accept those. If you don't,
then you hire somebody.
Mayor Suarez: Ninety, ninety - he's right - ninety percent of CPAs don't even
deal with public accounting, they deal with private accounting. So, it's
tough.
Vice Mayor Plummer: Come back with the recommended names.
Mayor Suarez: OK.
r:
234 July 11, 1991
Commissioner Dawkins: Or come back with a recommended name or with somebody
who is going to do it free.
Mayor Suarez: And I would have the Audit Committee give us input on this.
They've been working hard, they're good folks, they...
Commissioner Dawkins: I don't nothing to do with me. I don't want nothing to
do with the Audit Committee. OK? See, because if the Audit Committee had
performed like I wanted it to, Mr. Manager, I'd have in hand what I want. I
mean, that's how I feel.
Mayor Suarez: All right.
Vice Mayor Plummer: Xavier, how come Miller talks so much?
Mayor Suarez: It's been that kind of a day. It's been going back and forth,
you know. We just didn't have the right implements up here. The big hammer
that I used to have, and the other one. Remember that? Did you keep that
thing? Yes, you did. That was a nice looking thing that they gave me. All
right, that was the Miller Dawkins anti -filibustering sword. And then,
whatever the other one was.
73. APPOINT INDIVIDUALS TO SERVE ON THE MIAMI SPORTS AND EXHIBITION AUTHORITY
BOARD. (Reappointed were: Michael Zogby and Ken Albano; appointed was:
Neal Harrington; 3 appointments are still pending.)
Mayor Suarez: Item 58 are my nominees for the Sports & Exhibition Authority
are the two existing ones, Albano and Zogby, and I'm adding Neal Harrington
just to substitute for Manny Careno.
Commissioner Dawkins: So moved.
Mr. Jorge Fernandez: What was the name, sir?
Commissioner Dawkins: So moved.
Mr. Fernandez: The second one.
Mayor Suarez: There are two on the authority now, Zogby, Michael Zogby...
Vice Mayor Plummer: Yes. Who is the new one?
Mayor Suarez: ...pretty well known person. You're getting to be like the
City Clerk, doesn't seem to know people we work with. And Ken Albano, who's
been serving on the authority and talks on television all the time, I don't
know why.
Vice Mayor Plummer: Who's the third one, I'm asking?
Mayor Suarez: Neal Harrington.
Vice Mayor Plummer: Harrison.
Mayor Suarez: Harrington.
Vice Mayor Plummer: Harrington.
Mayor Suarez: Citizen of the City of Miami, prominent citizen of the City of
Miami. All right. Anyone else on their missing appointments?
Commissioner Alonso: I, but I don't want to make mine today...
Mayor Suarez: All right.
Commissioner Alonso: ...so I will defer mine.
Vice Mayor Plummer: I'll move that those names proffered by the Mayor be
accepted.
235 July 11, 1991
t tf
Commissioner Dawkins: Second.
Mayor Suarez: Call the roll on that, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-550
A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Item... and, by the way, I don't care which ones have one or
two year terms because I expect them all to serve for one year, and resign
promptly after that, so other people can serve. So, as far as I'm concerned,
they can all have one year terms. I got tons of people who want to serve on
this. I wonder why.
74. PERSONAL APPEARANCE BY ADREAN LANS TO DISCUSS FUNDING FOR SOFTBALL
LEAGUE - REFER TO MANAGER.
------------------------------------------------------------------------------
Mayor Suarez: Fifty-nine. Is Mr. Lans here? Yes, he is.
Mr. Adrean Lans: Good evening...
Mayor Suarez: How do you pronounce the first name? -is it Andre?
Mr. Lans: Adrean Lans.
Mayor Suarez: Adrean.
Mr. Lans: How you doing? Good evening, Honorable Mayor, City Manager...
Commissioner Dawkins: Pull the mike up, sir. Up.
Mr. Lans: Honorable Mayor and City Manager, City Commission....
Commissioner Dawkins: Pull it up a little closer so... There you are.
Mr. Lans: ...and ladies and gentlemen.
this opportunity.
Commissioner De Yurre: Rock n'roll style.
Mr. Lans: I want to thank you...
I want to thank you for giving me
Mayor Suarez: You almost have to eat these mikes. We're trying to change the
sound system here. This is not the best one... we are, there we go. It's not
a very good one, you've got to get real close to it.
236 July 11, 1991
Mr. Lans: I want to thank you for giving me this opportunity for being here,
and my name is Adrean Lans and...
Mayor Suarez: Can you turn up the volume a little bit?
Commissioner Dawkins: Yes, you're one of the few who talk like that, you
know. So you better ought to let one of us other guys talk.
Mr. Lans: No, no... Can you hear me now?
Commissioner Dawkins: You ought to let one of those other... OK, all right.
Mr. Lans: I'm here on behalf of the softball league in Overtown, we just
recently established and the rest of the crew is not here. I read the article
in the paper today. We wanted some funds out of the federal grant you all
have. That is not... that's what I don't want. What I came here for to see
if that if there's any funds you have or any avenue that we could probably get
some funds to...
Commissioner De Yurre: Let me ask you, does he want a softball league?
Mr. Lans: Well, there's a program basically is most of the guys are from
Overtown, and we're trying to see that we could...
Commissioner De Yurre: Do you have a place to play in?
Mr. Lans: Yes, we play at Dorsey Park.
Commissioner De Yurre: OK, how many teams do you have?
Mr. Lans: We have six teams.
Commissioner De Yurre: When did you start playing?
Mr. Lans: We started since May.
Commissioner De Yurre: OK. And what do you need? -some funding for what? -
uniforms?
Mr. Lans: Well, basically, some equipment.
Commissioner De Yurre: OK.
Mr. Lans: We try to see that the league could run yearly.
Commissioner De Yurre: You need like what? -gloves, baseballs, softballs?
Mr. Lans: Glove, balls and bats.
Commissioner De Yurre: Do you have an idea how much money you need for that?
Mr. Lans: Basically, I wanted to get some stuff today, and they would
probably be about... to get a yearly lead, it would probably be about three
thousand, two thousand dollars.
Commissioner De Yurre: OK, why don't you do this. Why don't you go call Bill
Perry at the Miami Sports & Exhibition Authority.
Commissioner Dawkins: Give him the number.
Commissioner De Yurre: And why don't you write... you got something to write
with there? The number is...
Commissioner Dawkins: Telephone number is.
Mr. Lans: Yes, sir.
Commissioner De Yurre: 381-8261, Bill Perry. Speak to him, explain your
program, and for him to run you through the process and we can give you a few
dollars there probably. OK?
Mr. Lans: OK, I appreciate it Commissioner De Yurre.
237 July 11, 1991
Commissioner De Yurre: OK, so make sure you call him tomorrow morning.
Mayor Suarez: If you have any problem with that, you call Linda Bernfeld at
358-2663, that young lady over there, and she'll call her husband who works
over there too, and he'll make sure that you're OK.
Mr. Lans: All right, thanks a lot.
Commissioner De Yurre: OK.
Commissioner Dawkins: What about C?
Mr. Lans: Lights. Well, let me... the lights of the field, I understand you
all going to be doing the renovation. The lights are in good condition, and I
want to thank you very much for the support you have given the community. We
really appreciate it, Mayor Suarez.
Mayor Suarez: We did get that resolved, right, finally?
Mr. Lans: And we are having a lot of people coming out to the games, a lot of
kids. And I think the solution to this thing is that is a strong thing for
the community since that is infested with a lot of drugs and is a good escape
for the kids to have some place to go and somewhere to be at night. And we
want to thank you for the support and continuing to support us. I want to
introduce my star player, Mr. Fletcher Young, the gentleman assisted me and
Mr... we have a gentleman right here that's been around the park since 149,
for 50 years and I'd like to introduce him.
Mr. Roderick Silva: My name is Roderick Silva, 1841 N.W. 86th Terrace. I
worked for the City of Miami 47 years. I retired in 1980. And condition out
at Dorsey Park now is wasting, I overseen it. You got a fella here, he's
sponsoring the league, he got to get out there and mark the field, he's got
the umpire and everything else. He don't get no help from the City. I don't
see why that the part time people can't go out there and help him umpire and
mark off the field.
Mayor Suarez: How about that, Mr. Manager? Can we solve that?
Mr. Silva: Say what?
Mr. Odio: I would like to get with him and see if we can find an immediate
solution.
Mayor Suarez: I'm sure we can get the field marked off, and the other
improvements that are needed there from our Parks Department.
Mr. Odio: Yes. Where is he? Carlos...
Commissioner Dawkins: OK, all right. Now, the lady's trying to say
something, the lady's trying to...
Mayor Suarez: Ma'am? You're the only lady in the group, so...
Ms. Hortense Delance: Hello, my name is Hortense Delance, and I'm from the
community of Overtown, and we all will appreciate it if you would help us.
Because during the games that we have Overtown is for the community and the
kids that be in the community. It keeps them out of trouble. It gives them
something to come to and to enjoy. And they get enjoyment out of seeing this.
And we will really appreciate it if you would give us the help that we need
and stand by us. God knows, we would appreciate it. Thank you.
Commissioner Dawkins: All right. Well, we plan... we are going to stand by
you, but I'd like to know, here you say it's an abandoned building on 13th and
N.E. 1st. Is that what you want us to do, remove it?
Ms. Delance: If you see fit to move it, do it. We would appreciate every
help that we can get from you.
Mayor Suarez: We'd like to move it, but we may have to remove it.
Commissioner Dawkins: Yes, we're going to remove it, um hum.
238 July 11, 1991
iF=
f
Vice Mayor Plummer: Wait a minute. But wait, wait, but wait. Are you
talking... 1
Ms. Delance: Well, if that's the case, yes
Vice Mayor Plummer: Are you talking about N.E. 1st Avenue and 13th Street?
Mayor Suarez: Last time we tried to move a house, it's called the Brown
house. It fell half way across the causeway to Watson Island, so...
Vice Mayor Plummer: No, if you're talking about N.E. 1 and 13th, that's the
building that we just paid the money to have torn down.
Mr. Lans: Yes, I want to...
Vice Mayor Plummer: Are you speaking about the building next to American
Gift?
Mr. Lans: Well, that building you're talking about as a... I want to commend
you, you all did an excellent job in demolishing that building and I saw just
recently the other building is...
Mayor Suarez: So that ones taken care of, demolished.
Vice Mayor Plummer: That's gone.
Commissioner Dawkins: OK, all right.
Mr. Lans: It's coming down.
Mayor Suarez: That ones demolished.
Commissioner Dawkins: OK, all right then...
Mr. Lans: Which is 1336, I assume, and 14th Street. Am I correct?
Vice Mayor Plummer: Which one?
Mr. Lans: The one right across from 124 N.E. 14th, you all. It's on the item
the agenda right now, I think it's number forty -something. I'm not sure.
It's for demolition and the asbestos that is inside of it. You all be taking
it out shortly.
Commissioner Dawkins: OK, we are happy to see you concerned. Now, you heard
from one or two of us, but every Commissioner up here wants you to call their
office and let us know what's happening and what can be done. The Mayor told
you, call everybody. Because we all...
Mayor Suarez: In fact it works real well. You call one office and you say,
You know, I'm about the call the next office and that Commissioner wants to
solve the problem even quicker. So you get a little competition here. It
helps.
Ms. Delance: OK.
Commissioner Dawkins: All right?
Mr. Lans: OK, thank you, sir.
Mayor Suarez: You say you called Dawkins and he didn't do anything for us,
can you do it? And then you see my guys jump into it, and...
Commissioner Dawkins: That's right, see, and that's...
Ms. Delance: On behalf of the community, we thank you.
Commissioner Dawkins: No, wait till we do something, honey, then thank us,
OK?
Ms. Delance: We still thank you.
239 July ill 1991
Commissioner Dawkins: All right, all right.
Mayor Suarez: And if we didn't let you speak, Commissioner Alonso will get
upset because you're the only lady in the group, you know. Item 60.
Commissioner Alonso: I move and second and everything.
75. CODESIGNATE S.W. 17 AVENUE (FROM SOUTH DIXIE HIGHWAY TO SOUTH DAYSHORE
DRIVE) AS: ALICE WAINWRIGHT WAY - ALLOCATE FUNDS FOR SIGNS.
Mayor Suarez: Item sixty, Alice Wainwright Way.
Commissioner Alonso: That's Commissioner Plummer's item, isn't it?
Vice Mayor Plummer: What?
Commissioner De Yurre: Alice Wainwright.
Mayor Suarez: You've got an item here from a nonexistent fund called special
programs and accounts.
Commissioner Alonso: I so move. That's your item, isn't it?
Vice Mayor Plummer: Yes, you're talking about Wainwright Way?
Commissioner Alonso: Yes.
Vice Mayor Plummer: That's fine. Is it to be here to be approved?
Commissioner Alonso: Yes, it's for the fifteen hundred...
Vice Mayor Plummer: All right, and then as soon as I can get in touch with
the family, then we'll schedule an appropriate date.
Mayor Suarez: And $1,500 from a nonexistent account - special programs and
accounts. I thought that didn't exist.
Commissioner Alonso: Oh, we are experts in the City of Miami...
Vice Mayor Plummer: No, Mr. Mayor, I would hate to believe...
Mayor Suarez: Just kidding, just kidding. Move the doggone thing. I wish I
hadn't even said it. All right. Move it, please. It's within his
discretionary authority. We don't have time to argue about $1,500.
Commissioner Alonso: Yes, move it, second, and everything.
Vice Mayor Plummer: I will move it....I move it.
Mayor Suarez: Moved by Commissioner Alonso, seconded by Vice Mayor Plummer.
Call the roll, please.
240 July li, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-551
A RESOLUTION CODESIGNATING SOUTHWEST 17TH AVENUE FROM
SOUTH DIXIE HIGHWAY TO SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA, AS "ALICE WAINWRIGHT WAY"; ALLOCATING THE
AMOUNT OF $1,500.00 FROM "SPECIAL PROGRAMS AND
ACCOUNTS CONTINGENT FUND, FY 11990-91" TO PAY FOR THE
PURCHASE AND INSTALLATION OF SIGNS CODESIGNATING SAID
STREET; FURTHER, DIRECTING THE CITY MANAGER TO
INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED
OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
76. APPROVE INCREASE ($75,000) IN TOTAL COLLECTION COST OF TRANSPORT USER FEE
FOR CURRENT (1991) CONTRACT WITH AUTOMATED MEDICAL SERVICES, INC.,
RESULTING FROM INCREASED PUBLIC USE OF TRANSPORT SERVICES.
Mayor Suarez: What's CA-21?
Mr. Odio: It's $75,000...
Vice Mayor Plummer: For what?
Mayor Suarez: Chief, what was that?
Commissioner Alonso: Item what?
Chief Huddleston: CA-21 was the...
Mayor Suarez: CA-21. Apparently it had been tabled or deferred and the
Commissioner that requested...
Vice Mayor Plummer: What was it?
Chief Huddleston: Commissioner Dawkins asked that it be removed, and he
wanted to discuss it. It's the rescue transport fee. We need to...
Commissioner Alonso: CA-21?
Chief Huddleston: CA-21.
Vice Mayor Plummer: Is this the fee we're paying to collect?
Chief Huddleston: Yes.
Vice Mayor Plummer: You're damn right it is.
Mayor Suarez: Where's Commissioner Dawkins?
241 July 11, 1991
Vice Mayor Plummer: And it's also, remember, that if they're not a City
resident, we go after them with vim and vigor.
Chief Huddleston: Yes, sir.
Mr. Odio: Oh, we are, Commissioner. How am I going to...
Vice Mayor Plummer: I'll move it.
Mayor Suarez: Moved. Subject to Commissioner Dawkins' saying that this is
something that he had no problem being brought back because it was something
he had....
Chief Huddleston: We spoke to him at lunch and he said to bring it back.
Mayor Suarez: All right.
Vice Mayor Plummer: I'll move it.
Mayor Suarez: Based on that representation.
Chief Huddleston: He wanted to discuss it, and I would presume he wants to be
here for it though.
Mayor Suarez: Does that mean he wants to support it, or he wanted to discuss
it?
Chief Huddleston: He told me he'd like to discuss it. He didn't want it as a
consent agenda item.
Commissioner De Yurre: Does it need to be passed on today, or can it be
deferred or what?
Chief Huddleston: We need to. Yes, sir, we'd like to.
Commissioner Alonso: Can they call him or...
Mayor Suarez: All right, it can always be reconsidered if we have any
problems, Commissioner Dawkins. We have a motion.
Vice Mayor Plummer: That's correct.
Commissioner De Yurre: Why don't we approve it, and within five days, if
there's no objection from Commissioner Dawkins, it goes through.
Vice Mayor Plummer: That's fine.
Commissioner Alonso: OK.
Vice Mayor Plummer: I move it.
Commissioner Alonso: Yes.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll on the item.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-552
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE
AN INCREASE IN THE TOTAL COLLECTION COST OF THE
TRANSPORT USER FEE FOR THE CURRENT (1991) CONTRACT
WITH AUTOMATED MEDICAL SERVICES, INC. IN THE AMOUNT OF
$75,000, SAID INCREASE AUTOMATICALLY RESULTING FROM
INCREASED VOLUME OF USE BY THE PUBLIC OF TRANSPORT
SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
242 July 11, 1991
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
-------------------------------------------------------------------------------
77. (Continued Discussion) DIRECT ADMINISTRATION TO SPONSOR POLICE DEPARTMENT
PROGRAM: DO THE RIGHT THING (Law Enforcement Trust Fund) (See label 5).
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes?
Vice Mayor Plummer: It is my understanding that Commissioner Dawkins and
yourself have withdrawn any opposition on the Do The Right Thing funding, and
I would move at this time that the City, under the Law Enforcement Trust Fund,
once again sponsor the Do Right Program - Do The Right Thing Program - and I
so move, sir.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Before next year, I'm going to scrutinize that
budget, lieutenant, and there's also an issue of the appointment of this
person. I'd like to know who's being appointed. I'd like to meet the person,
etcetera.
Vice Mayor Plummer: Mr. Mayor, I will personally deliver to you a resume of
the individual, and I think you'll be quite proud of that individual.
Mayor Suarez: And the process that was used in this time, this last time,
does not sound like a good procedure to me, where the person who was there
kind of recommends someone and some committee looks at it. I mean, that's not
the way to do it.
Vice Mayor Plummer: No, that wasn't the case. The board did.
Commissioner Alonso: The board?
Vice Mayor Plummer: Yes.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-553
A RESOLUTION APPROVING THE FUNDING OF THE "DO THE
_ RIGHT THING" PROGRAM; AND ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $131,050, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN
APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
243 July 11, 1991
6 W,
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*.
* -Note: Although absent during roll call, Commissioner Dawkins later
requested of the Clerk to show him voting with the motion.
78. RESCHEDULE PUBLIC HEARING FROM JULY 11 TO FIRST COMMISSION MEETING IN
OCTOBER - TO TAKE TESTIMONY REGARDING UNIFIED DEVELOPMENT REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT OF THE CITY ADMINISTRATION BUILDING -
PHASE II (ADJACENT TO 275 N.W. 2 STREET).
-------------------------------------------•-----------------------------------
Mayor Suarez: Jack, what was the item that had to be acted on?
Mr. Jack Luft: Item 34.
Mayor Suarez: Item 34.
Mr. Luft: Extension of time on the RFP for the City Administration Building
to October.
Commissioner Alonso: What was that?
Mr. Luft: We wanted to extend the time for the submission of the RFP for the
City administration building.
Commissioner Alonso: OK, let's move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mr. Luft: Rescheduling it to October.
Mayor Suarez: All right.
Commissioner Dawkins: Second.
Mayor Suarez: Any discussion on 34? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-554
A RESOLUTION RESCHEDULING A PUBLIC HEARING FROM JULY
11, 1991, AT 11:00 A.M. TO OCTOBER 10, 1991, AT 11:00
A.M. TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT
REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF THE CITY
ADMINISTRATION BUILDING -PHASE II ON CITY -OWNED LAND
LOCATED ADJACENT TO 275 NORTHWEST 2ND STREET, MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
244 July 11, 1991
11
61
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING HAS ADJOURNED AT 7:26 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y O R
245 July 11, 1991