HomeMy WebLinkAboutCC 1990-05-24 Minutesw
•
OF MEETING HELD ON MAY 24, 1990
REGULAR AND PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
ITEM
NO.
I.
2.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
INDEX
MINUTES OF REGULAR MEETING
MAY 24,1990
-------------------------------------------------------
SUBJECT LEGISLATION PAGE
NO.
PRESENTATIONS,
SPECIAL ITEMS.
CONSENT AGENDA
PROCLAMATIONS,
AND DISCUSSION
5/24/90
5/24/90
AUTHORIZE PURCHASE OF INTOXILIZER R 90-336
EQUIPMENT AND TWO ELECTRONIC MEASURING 5/24/90
DEVICES - FOR POLICE DEPARTMENT.
AUTHORIZE PURCHASE OF SAFES AND CLOSED R 90--337
CIRCUIT TV EQUIPMENT - FOR POLICE 5/24/90
DEPARTMENT.
ACCEPT BID: ZIP MAILERS, INC. - FOR R 90-338
FURNISHING MAILING SERVICES - FOR 5/24/90
FINANCE DEPARTMENT/TREASURY MANAGEMENT
DIVISION.
ACCEPT BID: MAROONE CHEVROLET - FOR R 90-339
FURNISHING 24 VEHICLES TO BE USED BY 5/24/90
POLICE DEPARTMENT'S PUBLIC SERVICE
AIDES - FOR G.S.A. DEPARTMENT.
ACCEPT BID: PALMETTO KAWASAKI - FOR R 90-340
FURNISHING 27 MOTORCYCLES TO BE USED BY 5/24/90
POLICE DEPARTMENT - FOR G.S.A.
DEPARTMENT.
ACCEPT BID: M.P.C.S. VIDEO INDUSTRY - R 90-341
FOR FURNISHING MEDIA EQUIPMENT - FOR 5/24/90
POLICE DEPARTMENT.
ACCEPT BID: ELECTRONICS USA - FOR R 90-342
FURNISHING COMPUTER HARDWARE FOR POLICE 5/24/90
PATROL SCHEDULING SYSTEM - FOR POLICE
DEPARTMENT.
ACCEPT BID: Y AND W ROOFING AND R 90-343
REMODELING, INC. - BASE BID FOR SIMPSON 5/24/90
PARK BUILDING RENOVATIONS.
ACCEPT BID: OCEAN BAY CONSTRUCTION, R 90-344
INC. - TOTAL BID FOR LOCAL DRAINAGE 5/24/90
PROJECT E-63.
ACCEPT BID. MANTELL ENGINEERING R 90-345
CONTRACTORS, INC. - FOR DOWNTOWN 5/24/90
SANITARY SEWER REPLACEMENT - PHASE III
(B-5561).
1
3
3
3
3-4
4
4
4
5
5
5
2.11 ACCEPT BID: PING-FONTICIELLA AND R 90-346 6 _=
ASSOCIATES, INC. - FOR REV. CANON 5/24/90
THEODORE R. GIBSON ADULT CENTER, _.
COCONUT GROVE NEIGHBORHOOD CENTER
RENOVATIONS (VIRRICK PARK BUILDING
RENOVATIONS) (PROJECT 331316). _
2.12 ACCEPT BID: M. VILA AND ASSOCIATES, R 90-347 6
INC. - BASE BID FOR S.W. 6TH STREET 5/24/90
STORM SEWER PROJECT (332252).
2.13 APPROVE COST SHARING CONTRACT WITH R 90-348 6
SOUTH FLORIDA WATER MANAGEMENT 5/24/90
DISTRICT - FOR STORMWATER MANAGEMENT
FACILITIES IN THREE BASINS.
2.14 APPROVE COST. SHARING CONTRACT WITH R 90-349 7
SOUTH FLORIDA WATER MANAGEMENT 5/24/90
DISTRICT - FOR RETROFIT.T.ING STORMWATER
BASIN 31 IN DOWNTOWN AND OVERTOWN.
2.15 AUTHORIZE LEASE AGREEMENT WITH STATE OF R 90-350 7
FLORIDA DEPARTMENT OF HEALTH AND 5/24/90
REHABILITATIVE SERVICES, FOOD STAMP
PROGRAM - FOR 5,500 SQUARE FEET OF
SPACE PLUS USE OF MANUEL ARTIME
COMMUNITY CENTER AUDITORIUM ON SPECIFIC
DATES.
2.16 AUTHORIZE AMENDMENT TO INTERLOCAL R 90-•351 7
AGREEMENT DATED NOVEMBER 11, 1985, 5/24/90
WHICH CREATED THE SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION.
2.17 EXECUTE AGREEMENT WITH SYLVESTER A. R 90-352 8
LUKIS AS PROFESSIONAL LEGISLATIVE 5/24/90
CONSULTANT CONCERNING FEDERAL
LEGISLATION IMPACTING ON THE CITY OF
MIAMI.
2.18 EXECUTE AMENDMENT NO. 2 TO AGREEMENT R 90-353 8
WITH DELOITTE AND TOUCHE, CERTIFIED 5/24/90
PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH
SHARPTON, BRUNSON AND COMPANY, PA;
VERDEJA, I.RIONDO AND GRAVIER; AND
WATSON AND COMPANY, PA - FOR RENDERING
ANNUAL COMPLIANCE REPORTS REQUIRED BY
BOND INDENTURES FOR MIAMI CONVENTION
CENTER AND GOVERNMENT CENTER PARKING
GARAGE FINANCINGS - AND FOR ADDITIONAL
CONTROLS REVIEW OF NEW
PAYROLL/PERSONNEL COMPUTERIZED SYSTEM.
2.19 EXECUTE AGREEMENT WITH METROPOLITAN R 90-354 8-9
DADE COUNTY SETTING FORTH 5/24/90
RESPONSIBILITIES OF THE COUNTY AND CITY
TO IMPLEMENT SHORELINE RESTORATION
ACTIVITIES AT TWO CITY -OWNED SPOIL
ISLANDS ON WEST SIDE OF VIRGINIA KEY.
2.20 ESTABLISH CHARGES, TERMS AND CONDITIONS R 90-355 9
FOR USE OF BOBBY MADURO MIAMI BASEBALL 5/24/90
STADIUM BY CRICKET PROMOTIONS, INC. -
FOR PRESENTATION OF AMATEUR CRICKET
MATCHES.
2.21 CLAIM SETTLEMENT: SANDRA K. COLL R 90-356 9
($30,000). 5/24/90
2.22 CLAIM SETTLEMENT: RICARDO J. AND R 90-357 9 -_
ARVELIA FRANCO ($35,000). 5/24/90
2.23 SUPPORT CONCEPT OF A 1996 INTERNATIONAL R 90-358
EXPOSITION IN DOWNTOWN MIAMI TO 5/24/90
CELEBRATE THE CITY'S CENTENNIAL.
2.24 ESTABLISH SPECIAL CHARGES, TERMS AND R 90-359
CONDITIONS FOR USE OF ORANGE BOWL 5/24/90
STADIUM BY MIAMI SENIOR HIGH SCHOOL -
FOR PRESENTATION OF ITS SPRING FOOTBALL
JAMBOREE.
2.25 DESIGNATE KAGOSHIMA, JAPAN AS A SISTER R 90-360
CITY. 5/24/90
3. DESIGNATE PANAMA CITY, PANAMA AS A R 90-361
SISTER CITY - APPOINT COMMISSIONER 5/24/90
MIRIAM ALONSO AS LIAISON.
4. ACCEPT BIDS: (A) J.R. BUILDERS, INC., R 90-362
(B) TREE MASTERS, INC., AND (C) 5/24/90
CUYAHOGA WRECKING CO. - FOR FURNISHING
DEMOLITION SERVICES.
5. (A) ACCEPT BIDS: (A) CAMILO MUEBLES, R 90-363
AND (B) DECORA OFFICE FURNITURE - FOR R 90-364
SUPPLYING OFFICE FURNITURE - FOR POLICE 5/24/90
DEPARTMENT.
(B) ACCEPT. BID: FLORIDA COMPUTER
FURNITURE - FOR FURNISHING WORKSTATIONS
AND FILE CABINETS - FOR POLICE
DEPARTMENT.
6. DESIGNATE LAND SURVEYING SERVICES FOR R 90-365
CITY OF MIAMI PROJECT - 1991 AND 1992 5/24/90
AS CATEGORY "B" PROJECT - APPOINT
CERTIFICATION COMMITTEE - APPOINT GENE
PELAEZ AS CHAIRPERSON OF COMPETITIVE
SELECTION COMMITTEE.
7. CONSENT TO ESTABLISHMENT OF A CRITICAL R 90-366
WILDLIFE AREA BY THE FLORIDA GAME AND 5/24/90
FRESH WATER FISH COMMISSION - NORTH AND
WEST OF VIRGINIA KEY (A DESIGNATED
CITY -OWNED AREA).
8. DISCUSSION CONCERNING PROPOSED FUNDING DISCUSSION
OFFER REGARDING CONSTRUCTION OF A 5/24/90
FACILITY IN WHICH TO HOLD TENNIS
TOURNAMENTS - BRIEF DISCUSSION
CONCERNING THE LIPTON TENNIS TOURNAMENT
9. (A) DIRECT ADMI14ISTRATION NOT TO ALLOW M 90-367
ANY LOUDSPEAKERS AT CITY FESTIVALS R. 90-367.1
UNTIL 8:00 A.M. 5/24/90
(B) 1990 MIAMI/BAHAMAS GOOMBAY
FESTIVAL - PROVIDE FOR CLOSURE OF
DESIG1ATED STREETS - ESTABLISH
PEDESTRIAN MALL - AUTHORIZE BEER AND
WINE PERMIT - RESTRICT PEDDLERS.
E
10
10
10-11
11-13
13-16
16-18
18-19
all
21-26
10. AMEND THE AMENDED AND RESTATED R 90-368 26-27
AGREEMENT WITH MIAMI MOTORSPORTS, INC. 5/24/90 =_
OF OCTOBER 16, 1985 (GRAND PRIX) - �_
AUTHORIZE MANAGER TO ACCEPT ASSIGNMENT
OF CERTAIN FEES (IMPACT) TO CERTAIN -
LENDING INSTITUTIONS TO BE NAMED BY
MIAMI MOTORSPORTS, INC.
11.. 1990 MOTORCYCLE GRAND PRIX OF MIAMI - R 90-369 28-29
AUTHORIZE STREET CLOSURES - ESTABLISH 5/24/90
PEDESTRIAN MALL - RESTRICT PEDDLERS.
12. ESTABLISH CHARGES, TERMS AND CONDITIONS R 90•-370 29-37
FOR USE OF ORANGE BOWL STADIUM BY 5/24/90
UNIVERSITY OF MIAMI - FOR SEASON HOME
FOOTBALL GAMES FOR TEN YEAR PERIOD.
13. APPROVE MIAMI SPORTS AND EXHIBITION R 90-371 37-38
AUTHORITY'S STAGING OF THE 1990 5/24/90
BUDWEISER HYDROPLANE REGATTA.
14. (A) CHANGE DATE. OF FIRST CITY R 90-372 38-55
COMMISSION MEETING IN JUNE TO NOW TAKE M 90-373
PLACE ON JUNE 7TH - BEGINNING AT 9:00 5/24/90
A.M.
(B) SCHEDULE ISSUE OF PROPOSED CITY
EMPLOYEE LAYOFFS FOR DISCUSSION AT
MEETING PRESENTLY SCHEDULED FOR JUNE
7TH - AT 6:00 P.M. - DIRECT MANAGER NOT
TO PROCEED WITH PROPOSED LAYOFFS UNTIL
CITY COMMISSION CONSIDERS THE ISSUE ON
JUNE 7TH.
15. ENDORSE ADMINISTRATION'S RECOMMENDATION M 90-374 55-60
NOT TO ACCEPT DONATIO14 OF JOHN HOWARD'S 5/24/90
PROPERTY LOCATED AT 1334 N. MIAMI
AVENUE.
16. (A) DISCUSSION CONCERNING PROPOSED DISCUSSION 61-74
SECOND READING ORDINANCE ESTABLISHING 5/24/90
NEW SPECIAL REVENUE FUND: COMMUNITY
DEVELOPMENT BLOCK GRANT (SIXTEENTH
'FEAR), APPROPRIATING $11,081,000 FOR
ITS EXECUTION, AND $1,200,000 FROM
SIXTEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME (SEE
LABELS 16.1A-D).
(B) PERSONAL APPEARANCE BY STANLEY G.
TATE (DADE COUNTY HUD OVERSIGHT
COMMITTEE) TO DISCUSS REQUEST FOR CDBG
FUNDS.
Ll
16.1
(A) (ContinuFd Discussion) PROFOSF,D
M 90-375
SECOND READING ORDINANCE ESTABLISHING
M 90-376
"
NEW SPECIAL REVENUE FUND: COMMUNITY
M 90-377
DEVELOPMENT BLOCK GRANT (SIXTEENTH
ORDINANCE
_
YEAR) - DIRECT ADMINISTRATION TO
10727
CONTINUE ITS PRESENT POLICY TO LEND TWO
5/24/90
-
STAFF INDIVIDUALS TO CONTINUE TO ASSIST
-
THE M.A.A.P. PROGRAM.
-
(B) APPROVE REQUEST FOR GRANT FOR
-
$250,000 TO MIAMI CAPITAL FOR
ADMINISTRATIVE SUPPORT.
_
(C) EARMARK ALL VOLUNTARILY
-
PROFFERED CONTRIBUTIONS TO THE CITY
FROM PLANNING AND ZONING ITEMS FOR A
-
SPECIAL FUND TO ASSIST IN FUNDING
REQUESTS BY DADE COUNTY HUD.
(D) SECOND READING ORDINANCE:
ESTABLISH NEW SPECIAL REVENUE FUND:
COMMUNITY DEVELOPMENT BLOCK GRANT
(SIXTEENTH YEAR) - APPROPRIATE
$11,081,000 FOR ITS EXECUTION -
-
APPROPRIATE $1,200,000 FROM SIXTEENTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
-
(CDBG) PROGRAM INCOME (See labels 16.A-
B).
- 17.
DIRECT CITY ATTORNEY TO APPROACH
M 90-378
-
REPRESENT.ATIVES OF ADMINISTRATION OF
5/24/90
THE AMERIFIRST BUILDING (THE LANDLORD)
TO REQUEST THAT THEY BE ALLOWED TO
_
CONTINUE TO USE OFFICE SPACE AT THE
=
PRESENT RATE FOR THE NEXT SIX MONTHS ON
A MONTH TO MONTH BASIS.
= 18.
EMERGENCY ORDINANCE: ESTABLISH SPECIAL
ORDINANCE
'-
REVENUE FUND; SUMMER YOUTH EMPLOYMENT
10728
-
AND TRAINING PROGRAM (FY 190) JTPA II-
5/24/90
B - APPROPRIATE FUNDS FROM SOUTH
-
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM - ACCEPT GRANT.
= 19.
EMERGENCY ORDINANCE: AMEND 10021 WHICH
ORDINANCE
ESTABLISHED INITIAL RESOURCES AND
10729
_
-
APPROPRIATIONS FOR THE LAW ENFORCEMENT
5/24/90
TRUST FUND - INCREASE BY $750,000 AS A
RESULT OF ADDITIONAL MONIES FROM
-
SUCCESSFUL FORFEITURE ACTIONS.
20. BRIEF DISCUSSION ON REMOVAL OF DISCUSSION
POLITICAL SIGNS AFTER ELECTION PROCESS. 5/24/90
21. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE
SECTION 54.5-1, 54.5-12(D)(3), 54.5- 10730
12(D)(8) AND 54.5-15 - DEFINE PUBLIC 5/24/90
AND PRIVATE EASEMENTS - PROVIDE
REQUIREMENTS FOR ACCESS AND STREET
FRONTAGE - PROVIDE MECHANISM TO PERMIT
ENCROACHMENTS ON OR IN RIGHTS -OF -WAY OR
EASEMENTS.
7!1-88
88-94
94-95
95-104
105-106
107-109
22 (A) EMERGENCY ORDINANCE: AMEND 9743 BY ORDINANCE 109-111
INCREASING RESOURCES AND APPROPRIATIONS 10731
_ TO THE PARK DEVELOPMENT FUND. R 90-379
(B) DESIGNATE BILL WOLFARTH PARK AS 5/24/90
s OFFICIAL NAME OF CITY -OWNED PARK
LOCATED AT 2000 S.W. 24 STREET.
�j
23.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
111-112
SPECIAL REVENUE FUND: SUMMER FOOD
10732
SERVICE PROGRAM FOR CHILDREN 1990 -
5/24/90
APPROPRIATE FUNDS FROM U.S. DEPARTMENT
OF AGRICULTURE (USDA) THROUGH FLORIDA
DEPARTMENT OF EDUCATION - AUTHORIZE
MANAGER TO ACCEPT GRANT.
24.
CONDITIONALLY AUTHORIZE METROPOLITAN
R 90-380
112-113
DADE COUNTY, ON BEHALF OF THE CITY OF
5/24/90
MIAMI, TO ADVERTISE FOR, EVALUATE AND
ACCEPT BIDS OF VENDORS TO PROVIDE USDA
APPROVED MEALS TO ELIGIBLE CHILDREN
DURING THE SUMMER OF 1990.
25.
SECOND READING ORDINANCE: AMEND
ORDINANCE
113-114
10642 - INCREASE APPROPRIATIONS TO
10733
PROJECT: COCONUT GROVE EXHIBITION
5/24/90
CENTER - RENOVATION AND EXPANSION
(PROJECT 415002) AS CONTRIBUTION FROM
MIAMI SPORTS AND EXHIBITION AUTHORITY.
26.
SECOND READING ORDINANCE: AMEND CODE,
ORDINANCE
114-115
CHAPTER 54 (STREETS AND SIDEWALKS), AND
10734
SECTION 54-104 (NONSTANDARD STREET
5/24/90
WIDTHS) - MODIFY WIDTHS OF CERTAIN
STREETS.
27.
SECOND READING ORDINANCE; AMEND
ORDINANCE
115-116
10642 - INCREASE APPROPRIATION FOR S.W.
10735
6TH STREET STORM SEWERS (PROJECT
5/24/90
352252) - FROM 1984 STORM SEWER GENERAL
OBLIGATION BONDS.
28.
SECOND READING ORDINANCE; AMEND
ORDINANCE
116
10642 - INCREASE APPROPRIATION FOR
10736
MORNINGSIDE STREET IMPROVEMENTS - FROM
5/24/90
1984 STORM SEWER GENERAL OBLIGATION
BONDS.
29.
SECOND READING ORDINANCE; AMEND CODE,
ORDINANCE
117
SECTION 2-75(E)(4) - SHORTEN PRESENTLY
10737
INSTITUTED 45 DAY PERIOD REQUIRED TO
5/24/90
BRING A ZONING VIOLATION BEFORE CODE
ENFORCEMENT BOARD TO 30 DAYS.
30.
SECOND READING ORDINANCE: AUTHORIZE
ORDINANCE
117-119
ISSUANCE, SUBJECT TO ELECTION, OF
10738
$30,000,000 LOCAL STREET AND DRAINAGE
5/24/90
IMPROVEMENT BONDS - CALL AN ELECTION
FOR SEPTEMBER 4, 1990.
31.
SECOND READING ORDINANCE; AUTHORIZE A
ORDINANCE
120-122
BOND ELECTION TO BE HELD ON SEPTEMBER
10739
4, 1990, CONCERNING ISSUANCE OF
5/24/90
$30,000,000 LOCAL STREET AND DRAINAGE
IMPROVEMENT BOND.
32.
ALLOCATE $25,000 FOR VOTER EDUCATION
R 90-381
122-12.4
PROGRAM CONCERNING $30,000,000 LOCAL
5/24/90
STREET AND DRAINAGE IMPROVEMENT BONDS -
EL.ECTION CALLED FOR SEPTEMBER 4, 1990.
33.
FIRST READING ORDINANCE: ESTABLISH NEW
ORDINANCE
124-126
SPECIAL REVE14UE FUND: SOLID WASTE
FIRST READING
REDUCTION: RECYCLING AND EDUCATION
5/24/90
(FY'90) - APPROPRIATE FUNDS FROM STATE
OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL.
REGULATIONS, RECYCLING PROGRAM GRANT.
10
0
34. APPROVE ADMINISTRATION'S DECTSION TO R 90-382. 127
REJF.,CT PROTEST FROM NATIONAL ECONOMIC 5/24/90
RESEARCH ASSOCIATIONS, INC. CONCERNING
RFP FOR A 1INORITY / WOMEN OWNED
BUSINESS ENTERPRISE DISPARITY REPORT
AND MINORITY OWNED BUSINESS UTILIZATION
PLAN.
35. AUTHORIZE CONTRACT (NOT TO EXCEED M 90-383 128-141.
$100,000) WITH U.J. MILLER AND 5/24/90
ASSOCIATES TO CONDUCT A MINORITY /
WOMEN OWNED BUSINESS ENTERPRISE
DISPARITY STUDY AND PREPARE REPORT,
WITH RECOMMENDATIONS AND A UTILIZATION
PLAN - IF OFFER IS NOT ACCEPTED,
MANAGER IS AUTHORIZED TO NEGOTIATE WITH
A SECOND GROUP.
36, BRIEF DISCUSSION AND DEFERRAL DISCUSSION 141-142
CONCERNING PROPOSED AGREEMENT WITH 5/24/90
METROPOLITAN DADE COUNTY TO ENGAGE THE
CITY OF MIAMI TO PROVIDE FIRE, RESCUE
AND INSPECTION SERVICES FOR THE PORT OF
MIAMI - DEFERRED TO MEETING PRESENTLY
SCHEDULED FOR JUNE 7TH.
37. AUTHORIZE MANAGER TO ENTER INTO R 90-384• 142-148
COLLECTIVE BARGAINING AGREEMENT WITH 5/24/90
FRATERNAL ORDER OF POLICE, LODGE NO. 20
(OCTOBER 1, 1989 - SEPTEMBER 30, 1991).
38. MAYOR SUAREZ INVITES PART-TIME DISCUSSION 1,48
EMPLOYEES FROM THE PARKS DEPARTMENT TO 5/24/90
BE HEARD IN CONNECTION WITH JOB
SECURITY CONCERNS (See label 43).
39. (A) AUTHORIZE ADMINISTRATION TO UTILIZE M 90-385 148-155
MONIES PRESENTLY AVAILABLE FOR R 90-386
CONTINUED DEVELOPMENT OF BAYFRONT 5/24/90
PARK - TRUST TO RAISE NECESSARY EXTRA
DOLLARS IF IT INSISTS IN PURSUING THE
NOGUCHI PLAN.
(B) AUTHORIZE ADMINISTRATION TO PAY
P.N.M. CORPORATION $650,000 AS COMPLETE
SETTLEMENT OF DEMANDS AGAINST THE CITY
(Circuit Court Case No. 89-3447-CA-
261).
40. APPROVE APPOINTMENT OF GREENBERG, R 90-387 156-158
TRAURIG, HOFFMAN, LIPOFF, ROSEN AND 5/24/90
QUENTEL, PA TO SERVE AS SPECIAL COUNSEL
ON REVIEW OF OFF-STREET PARKING
DEPARTMENT'S PROPOSED NEW RETIREMENT
PROGRAM.
41. (A). MOTION FAILS TO APPROVE INCREASE M 90-388 158-160
ism
IN CONTRACT WITH SIGMA CONSTRUCTION AND DISCUSSIO14
ENGINEERING CORP. FOR DEMOLITION OF R 90-389
FORMER INCINERATOR NO. 1. 5/24/90
(B) RECONSIDER PRIOR VOTE ON FAILED
MOTION TO APPROVE CONTRACT WITH SIGMA
CONSTRUCTION AND ENGINEERING CORP.
(C) AUTHORIZE INCREASE IN CONTRACT
WITH SIGMA CONSTRUCTION AND ENGINEERING
CORP. FOR DEMOLITION OF INCINERATOR 140.
1 (CIP 311018) RATIFY MANAGER'S
FINDING OF EMERGENCY.
a
0
c
42. RATIFY MANAGER'S FINDING OF EMERGENCY -
R 90-390
WAIVE FORMAL BID PROCEDURES FOR
5/24/90
PROCUREMENT OF ITEMS REQUIRED FOR THE
CARIBBEAN BASEBALL WORLD SERIES -
ACCEPT INFOR14AL BIDS FROM: (a)
FENCEMASTERS, INC. (FURNISHING /
JNSTALLATION OF FENCING AND MATERIALS);
(b) CONTEMPORARY SERVICES, INC.
(FURNISHING PERSONNEL SERVICES).
43. (Continued Discussion) MAYOR SUAREZ
DISCUSSION
INVITES PART-TIME EMPLOYEES FROM THE
5/24/90
PARKS DEPARTMENT TO BE HEARD IN
CONNECTION WITH JOB SECURITY CONCERNS
(See label 38).
44. GRANT REQUEST BY MIAMI HEATWAVE BICYCLE R 90-391
CLUB FOR CLOSURE OF DESIGNATED STREETS 5/24/90
CONCERNING 1990 FLORIDA STATE CRITERIUM
BICYCLE CHAMPIONSHIPS.
45. DISCUSSION CONCERNING CONTRACT FOR M 90-392
CHIEF OF POLICE - DIRECT CITY ATTORNEY 5/24/90
TO DRAFT ORDINANCE TO REINSTATE SECTION
26 OF THE CITY CHARTER IN ORDER TO
REINSTITUTE THE DEPARTMENT OF PUBLIC
SAFETY - DESIGNATE CITY MANAGER AS
DIRECTOR - DIRECT POLICE DEPARTMENT'S
NAME BE CHANGED - STIPULATE POLICE
CHIEF AND CHIEF OF THE FIRE DEPARTMENT
CANNOT BE FIRED WITHOUT THREE POSITIVE
VOTES FROM CITY COMMISSIONERS.
46. GRANT REQUEST FROM SHOW MANAGEMENT - R 90-393
ESTABLISH SPECIAL FEES, CHARGES AND 5/24/90
CONDITIONS CONCERNING THE COCONUT GROVE
BOAT SHOW.
47. DISCUSSION CONCERNING PROPOSED
DISCUSSION
RESOLUTION OF DIFFERENCES BETWEEN
5/24/90
EXISTING SOCCER PROGRAM IN LITTLE HAITI
AND ALLEGED MANAGEMENT INTERFERENCE BY
THE POLICE DEPARTMENT.
48. DISCUSSION CONCERNING REQUEST
FROM
DISCUSSION
GERMAN - AMERICAN CULTURAL SOCIETY
FOR
5/24/90
IN -KIND SERVICES IN CONNECTION
WITH
OKTOBERFEST AND FALL OF THE BERLIN
WALL
EVENT CELEBRATION.
49. (A) GRANT REQUEST BY OLD SAN
JUAN
R 90-394
FESTIVAL CORPORATION FOR CLOSURE
OF
M 90-394.1
DESIGNATED STREETS CONCERNING THE
OLD
M 90-394.2
SAN JUAN / WYNWOOD FESTIVAL '90.
5/24/90
(B) RESTRICT PEDDLERS AND PERMIT
SALE
OF BEER AND WINE DURING THE OLD
SA14
JUAN/WYNWOOD FESTIVAL '90.
(C) GRANT FEE WAIVER FOR USE OF
PARK
AND EQUIPMENT.
50. GRANT WAIVER OF RENTAL AND REHEARSAL R 90-395
FEES AT MANUEL ARTIME PERFORMING ARTS 5/24/90
CENTER IN CONNECTION WITH CUBAN
AMERICAN BEAUTY PAGEANT, WITH PROVISOS.
51. GRANT REQUEST BY BAYSIDE NEIGHBORHOOD R 90-396
ASSOCIATION FOR A14 EXTENSION OF TIME TO 5/24/90
MEET WITH BOND REQUIREMENTS CONCERNING
PERMANENT BARRICADES I14 THE
NEIGHBORHOOD.
160-- 161
162-168
168-170
171-191
191-192
192-196
196-198
198-202
202-204
205-214
A
52.
SCHED101.,E TOW11 HALL MEETING AT AMFRICAN
R 90-397 2.1.4-216
LEGION PARK ON .?UNE 25, 1990, AT 7:00
5/24/90
P.M. TO DISCUSS ISSUES OF IMPORT IN THE
COMMUNITY.
53.
EMERGENCY ORDINANCE: AMEND 10451 WHICH
ORDINANCE 216-218
ESTABLISHED RESOURCES AND
10740
APPROPRIATIONS FOR THE MIAMI POLICE
5/24/90
CRACK COCAINE FUND - INCREASE AMOUNT BY
$389,628 AS A RESULT OF A SECOND GRANT
BY BUREAU OF JUSTICE ASSISTANCE AND
FROM PROCEEDS OF SEIZED PROPERTY.
54.
AUTHORIZE AGREEMENT WITH ALLAPATTAH
R 90-398 218-220
BUSINESS DEVELOPMENT AUTHORITY' FOR
5/24/90
PROVISION OF A GRANT, IF APPROVED, FROM
THE CITY'S MINI-UDAG-LOAN PROGRAM - TO
PROVIDE FUNDING ASSISTANCE IN THE
ACQUISITION OF PROPERTY (3721-35 N.W.
17 AVENUE) FOR DEVELOPMENT OF A SMALL
STRIP SHOPPING CENTER, WITH CONDITIONS.
55.
DENY PROPOSED FIRST READING ORDINANCE
M 90-399 221-222
TO AMEND MIAMI COMPREHENSIVE
5/24/90
NEIGHBORHOOD PLAN 1989-2000, FUTURE
LAND USE MAP BY CHANGING LAND USE
DESIGNATION OF PROPERTIES GENERALLY
FRONTING ON OR WITHIN 150 FEET OF THE
WEST RIGHT-OF-WAY LINE OF N.W. 36 COURT
BETWEEN W. FLAGLER STREET AND N.W. 7
STREET FROM DUPLEX RESIDENTIAL TO
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
(Applicant: Planning Department.)
56.
DENY PROPOSED FIRST READING ORDINANCE
M 90-400 223
TO AMEND 11000 - ATLAS CHANGE OF
5/24/90
PROPERTIES GENERALLY FRONTING ON OR
WITHIN 150 FEET OF THE WEST RIGHT-OF-
WAY LINE OF N.W. 36 COURT BETWEEN W.
FLAGLER STREET AND N.W. 7 STREET FROM
R-2 TO R-3 (Applicant: Planning
Department.)
57.
DENY PROPOSED FIRST READING ORDINANCE
M 90-401 223-228
TO AMEND MIAMI COMPREHENSIVE
5/24/90
NEIGHBORHOOD PLAN 1989-2000, FUTURE
LAND USE MAP BY CHANGING LAND USE
DESIGNATION AT 2155-2157 S.W. 5 STREET
FROM RESIDENTIAL MEDIUM DENSITY
MULTIFAMILY TO RESTRICTED COMMERCIAL
(Applicant: Soler Motors).
58.
DENY PROPOSED FIRST READING ORDINANCE
M 90-402 228-229
TO AMEND OLD ZONING ATLAS AT 2155-2157
5/24/90
S.W. 5 STREET FROM RG-2/5 TO CR-3/7.
(Applicant: Soler Motors).
59.
DENY PROPOSED FIRST READING ORDINANCE
M 90-403 229
TO AMEND NEW ZONING ATLAS AT 2155-2157
5/24/90
S.W. 5 STREET FROM R-3 TO C-1.
(Applicant: Soler Motors).
60.
FIRST READING ORDINANCE: CHANGE OLD
ORDINANCE 229-230
ZONING ATLAS AT BLOCK BOUNDED BY N.W. 1
FIRST READING
COURT AND 2 AVENUE BETWEEN N.W. 5 AND 6
5/24/90
STREETS FROM CG-2/7 TO SPI-16.2.
(Applicant: Planning Department.)
U
r1
61.
FIRST READING ORDINANCE: CHANGE NEW
ORDINANCE
231
ZONING ATLAS AT BLOCK BOUNDED BY N.W. 1
FIRST READING
COURT AND 2 AVENUE BETWEEN N.W. 5 AND 6
5/24/90
STREETS FROM C-1 TO SD-•16.2
_
(Applicant: Planning Department).
62.
FIRST READING ORDINANCE: AMEND 11000,
ORDINANCE
232
_
ARTICLE 6 SD SPECIAL USE DISTRICTS -
FIRST READING
ADD NEW SECTION 610 SD-10 JACKSON
5/24/90
MEMORIAL HOSPITAL MEDICAL CENTER
OVERLAY DISTRICT, etc. (Applicant:
Planning Department). (See label 63)
63.
FIRST READING ORDINANCE: AMEND 11000 -
ORDINANCE
233
_
APPLY PROPOSED SD-10 JACKSON MEMORIAL
FIRST READING
HOSPITAL, AND RETAIN UNDERLYING ZONING
5/24/90
-
DISTRICT IN AN AREA GENERALLY BOUNDED
-
BY N.W. 14 AND 20 STREETS, BETWEEN N.W.
-
7 AND 12 AVENUES, PLUS AN AREA
-
EXTENDING APPROXIMATELY 650 FEET WEST
OF N.W. 12 AVENUE TO WAGNER CREEK
(Applicant: Planning Department). (See
-
label 62)
= 64.
FIRST READING ORDINANCE: AMEND OLD
ORDINANCE
234-235
ZONING ATLAS - APPLY HC-1 (HERITAGE
FIRST READING
CONSERVATION) AND RETAIN UNDERLYING
5/24/90
ZONING DISTRICT AT VENETIAN CAUSEWAY,
AND NORTH AND SOUTH VENETIAN WAY
(Applicant: Planning Department).
65.
FIRST READING ORDINANCE: AMEND NEW
ORDINANCE
235
-
ZONING ATLAS - APPLY HC-1 (HERITAGE
FIRST READING
CONSERVATION) AND RETAIN UNDERLYING
5/24/90
ZONING DISTRICT AT VENETIAN CAUSEWAY,
AND NORTH AND SOUTH VENETIAN WAY
_
(Applicant: Planning Department).
66.
FIRST READING ORDINANCE: AMEND CODE,
ORDINANCE
236-238
SECTION 4-10 (ALCOHOLIC BEVERAGES)
FIRST READING
CONCERNING DISTANCE SEPARATION
5/24/90
REQUIREMENTS FOR IDENTICAL LICENSEES
-
DISTINCT FROM DISSIMILAR LICENSEES
(Applicant: Planning Department).
67.
ALLOCATE $18,000 FOR PAYMENT TO SPECIAL
R 90-404
238-239
=
COUNSEL FOR THE CODE ENFORCEMENT
5/24/90
-
BOARD - ALLOCATE $18,000 FOR PAYMENT TO
SPECIAL COUNSEL FOR THE CIVIL SERVICE
BOARD.
MINUTES OF REGULAR MFETTNG OF THE
CITY COMMISSION OF MIAMI:, FLORIDA
On the 24th day of May, 1990, the City Commission of Miami, Florida, met
at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami,
Florida in regular session.
The meeting was called to order at 9:10 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Dawkins then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
------------------------------------------------------------------------------
1. Students from Silver Bluff Elementary School were recognized. They were
present to endorse a "Smoke -free Society."
2. Proclamation designating the month of May, 1990, as Miss Wheelchair Month
and saluting the accomplishments of disabled persons.
3. Commendation to David Ames for his dinghy sailing achievements and having
been selected to represent Miami as USA Team Captain at the Optimist
Championships in Sweden, Ecuador and Portugal during the summer of 1990.
4. Certificate of Appreciation to Greyhound Lines, Inc. for their community
involvement.
5. City Plate presented to Adita Linares, young Spanish dancer, who recently
received the coveted award "Aplausos 92".
NOTE FOR THE RECORD: On motion by Vice Mayor Dawkins ,
and seconded by Commissioner Plummer the minutes of
the regular City Commission Meetings of February 7 and
March 8, 1990, the Planning and Zoning Commission
Meetings of February 15 and March 22, 1990, and the
Special City Commission Meeting of April 4, 1990 were
unanimously approved.
j
=1
1 May 24,1990
2. CONSENT AGENDA
NOTE FOR THE RECORD: Mayor Suarez announced that the =
following items had been withdrawn: CA-2, CA-4, CA-6,
CA-7, CA-8, CA-9, 22 and 29. _
Mayor Suarez: OK, Consent Agenda is constituted of items CA-1 through CA-41
with the exception of those that I just read. Is there anyone that wishes to
be heard on any of those items individually? If so, please step forward. Let
the record reflect that no one has stepped forward. Commissioners, any items
you need clarification on?
Commissioner Alonso: Yes.
Commissioner Plummer: One, 16, 17, and 31.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Yes, 10, 23, 36, 37, and 38.
Mayor Suarez: You've had your's withdrawn then, the correct way.
Vice Mayor Dawkins: Yes.
Mayor Suarez: Anything else?
Commissioner De Yurre: Forty-one.
Mayor Suarez: All right. Consent Agenda is comprised of items 1 through 41.
We may as well say through 40 since 41 is going to be clarified, hopefully.
With the exception of 1, 10, 16, 17, 31, 36, 38 and 41, plus the other items
that were withdrawn.
Commissioner Alonso: Twenty-three.
Mayor Suarez: Twenty-three, thank you. OK, I'll entertain a motion on those
items.
Vice Mayor Dawkins: So move.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
_ ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED
BY COMMISSIONER DE YURRE, THE CONSENT AGENDA, WITH
ABOVE CITED EXCEPTIONS, WAS PASSED AND ADOPTED BY THE
FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-'s
' 2 May 24,1990
WNW
2.1 AUTHORIZE PURCHASE OF INTOXILIZER EQUIPMENT AND TWO F..I,F,CTR011T( MEASURING
DEVICES - FOR POLICE DEPARTMENT.
RESOLUTION NO. 90--336 —
A RESOLUTION AUTHORIZING THE PURCHASE OF INTOXILIZER _—
EQUIPMENT AND TWO ELECTRONIC MEASURING DEVICES; AND _
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO =_
EXCEED $33,000, 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.) -
2.2 AUTHORIZE PURCHASE OF SAFES AND CLOSED CIRCUIT TV EQUIPMENT - FOR POLICE
DEPARTMENT.
RESOLUTION NO. 90-337
A RESOLUTION AUTHORIZING THE PURCHASE OF SAFES AND
CLOSED CIRCUIT TV EQUIPMENT AND ALLOCATING FUNDS
THEREFOR, AT A COST NOT TO EXCEED $13,200, 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.)
2.3 ACCEPT BID: ZIP MAILERS, INC. - FOR FURNISHING MAILING SERVICES - FOR
FINANCE DEPARTMENT/TREASURY MANAGEMENT DIVISION.
RESOLUTION NO. 90-338
A RESOLUTION ACCEPTING THE BID OF ZIP MAILERS, INC.
FOR THE FURNISHING OF MAILING SERVICES ON A CONTRACT
BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND FOR TWO
ADDITIONAL ONE YEAR PERIODS FOR THE DEPARTMENT OF
FINANCE/TREASURY MANAGEMENT DIVISION AT A TOTAL
FIRST YEAR COST NOT TO EXCEED $8,192.00; ALLOCATING
FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET,
PROJECT NO. 201000, ACCOUNT NO. 260701-340
($4,192.00) AND NO. 260301-340 ($4,000.00);
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT
FOR TWO ADDITIONAL ONE (1) YEAR PERIODS SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.4 ACCEPT BID: MAROONE CHEVROLET - FOR FURNISHING 24 VEHICLES TO BE USED BY
POLICE DEPARTMENT'S PUBLIC SERVICE AIDES - FOR G.S.A. DEPARTMENT.
RESOLUTION NO. 90-339
A RESOLUTION ACCEPTING THE BID OF MAROONE CHEVROLET
IN THE TOTAL AMOUNT NOT TO EXCEED $245,496.00 TO
FURNISH TWENTY-FOUR (24) VEHICLES TO THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION TO BE USED BY THE
POLICE DEPARTMENT'S PUBLIC SERVICE AIDES; FUNDS TO
BE MADE AVAILABLE FROM THE PROCEEDS OF THE
CERTIFICATE OF PARTICIPATION NOTES AND WHICH SHALL
BE APPROPRIATED TO THE 1989-90 GENERAL SERVICES
ADMINISTRATION DEPARTMENT, FLEET MANAGEMENT DIVISION
OPERATING BUDGET, ACCOUNT NO. 420901-850;
AUTHORIZING THE CITY MANAGER TO INSTI:UCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THESE VEHICLES SUBJECT TO THE AVAILABI! TY OF FUNDS.
3
May 24,1990
(Here follows body of resolution, omitted here and =
on file in the Office of the City Clerk.)
2.5 ACCEPT BID: PALMETTO KAWASAKI - FOR FURNISHING 27 MOTORCYCLES TO BE USED
BY POLICE DEPARTMENT - FOR G.S.A. DEPARTMENT.
RESOLUTION NO. 90-340
A RESOLUTION ACCEPTING THE BID OF PALMETTO KAWASAKI
IN AN AMOUNT NOT TO EXCEED $184,653.00 TO FURNISH
TWENTY SEVEN (27) POLICE MOTORCYCLES TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO BE
USED BY THE POLICE DEPARTMENT; ALLOCATING FUNDS
THEREFOR FROM THE 1989-90 GENERAL SERVICES
ADMINISTRATION DEPARTMENT, FLEET MANAGEMENT
DIVISION, OPERATING BUDGET ACCOUNT NO. 420901-850;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS PURCHASE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk,)
2.6 ACCEPT BID: M.P.C.S. VIDEO INDUSTRY - FOR FURNISHING MEDIA EQUIPMENT -
FOR POLICE DEPARTMENT.
RESOLUTION NO. 90-341
A RESOLUTION ACCEPTING THE BID OF M.P.C.S. VIDEO
INDUSTRY FOR THE FURNISHING OF MEDIA EQUIPMENT FOR
THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED
$11,949.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT BOND PROGRAM, PROJECT NO.
312018, ACCOUNT CODE NO. 299401-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.7 ACCEPT BID: ELECTRONICS USA - FOR FURNISHING COMPUTER HARDWARE FOR
POLICE PATROL SCHEDULING SYSTEM - FOR POLICE DEPARTMENT.
RESOLUTION NO. 90-342
A RESOLUTION ACCEPTING THE BID OF ELECTRONICS USA
FOR THE FURNISHING OF COMPUTER HARDWARE FOR THE
POLICE PATROL SCHEDULING SYSTEM FOR THE DEPARTMENT
OF POLICE IN AN AMOUNT NOT TO EXCEED $24,860.00;
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND PROJECT NO. 690001, ACCOUNT CODE NO.
290942; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4 May 24,1990
BELL
Im
2.8 ACCEPT BID: Y AND W ROOFING AND REMODELING, INC. - BASE BID FOR SIMPSON
PARK BUILDING RENOVATIONS.
RESOLUTION NO. 90-343
A RESOLUTION ACCEPTING THE BID OF Y AND W ROOFING
AND REMODELING, INC., IN AN AMOUNT NOT TO EXCEED
$13,300.00, BASE BID OF THE PROPOSAL, FOR SIMPSON
PARK BUILDING RENOVATIONS; WITH MONIES THEREFOR
ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT
ORDINANCE NO. 10642, PROJECT NO. 331346, IN THE
AMOUNT OF $13,300.00 TO COVER THE CONTRACT COST AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.9 ACCEPT BID: OCEAN BAY CONSTRUCTION, INC. - TOTAL BID FOR LOCAL DRAINAGE
PROJECT E-63.
RESOLUTION NO. 90-344
A RESOLUTION ACCEPTING THE BID OF OCEAN BAY
CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF
$536,270.00, TOTAL BID OF THE PROPOSAL, FOR LOCAL
DRAINAGE PROJECT E-63, WITH MONIES THEREFOR
ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT
ORDINANCE NO. 10642, PROJECT NO. 352267, IN THE
AMOUNT OF $536,270.00 TO COVER THE CONTRACT COST;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.10 ACCEPT BID: MANTELL ENGINEERING CONTRACTORS, INC. - FOR DOWNTOWN
SANITARY SEWER REPLACEMENT - PHASE III (B-5561).
RESOLUTION NO. 90-345
A RESOLUTION ACCEPTING THE BID OF MANTELL
ENGINEERING CONTRACTORS, INC., IN THE PROPOSED
AMOUNT OF $347,396.00, TOTAL BID OF THE PROPOSAL,
FOR DOWNTOWN SANITARY SEWER REPLACEMENT - PHASE III
(B-5561), WITH MONIES THEREFOR ALLOCATED FROM THE
1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642,
PROJECT NO. 351281, IN THE AMOUNT OF $347,396.00 TO
COVER THE CONTRACT COST; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM,
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk,)
May 24, 1990
r�
U.
2.11 ACCEPT BID: FIND-FONTICIELLA AND ASSOCIATES, INC. - FOR REV. CANON
THEODORE R. GIBSON ADULT CENTER, COCONUT GROVE NEIGHBORHOOD CENTER
RENOVATIONS (VIRRICK PARK BUILDING RENOVATIONS) (PROJECT 331316).
RESOLUTION NO. 90-346
A RESOLUTION ACCEPTING THE BID OF PINO FONTICIELLA
AND ASSOCIATE'S, INC., IN AN AMOUNT NOT TO EXCFE'D
$138,000.00, BASE BID PLUS ADDITIVE ITEM "A" OF THE
PROPOSAL, FOR REVEREND CANON THEODORE R. GIBSON
ADULT CENTER, COCONUT GROVE NEIGHBORHOOD CENTER
RENOVATIONS (VIRRICK PARK BUILDING RENOVATIONS);
WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL
IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 331316,
IN THE AMOUNT OF $138,000.00 TO COVER THE CONTRACT
COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.12 ACCEPT BID: M. VILA AND ASSOCIATES, INC. - BASE BID FOR S.W. 6TH STREET
STORM SEWER PROJECT (332252).
RESOLUTION NO. 90-347
A RESOLUTION ACCEPTING THE BID OF M. VILA AND
ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED
$578,702.35, BASE BID OF THE PROPOSAL, FOR SOUTHWEST
6TH STREET STORM SEWER PROJECT; WITH MONIES THEREFOR
ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT
ORDINANCE NO. 10642, PROJECT NO. 352252, IN THE
AMOUNT OF $578,702.35 TO COVER THE CONTRACT COST;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.13 APPROVE COST SHARING CONTRACT WITH SOUTH FLORIDA WATER MANAGEMENT
DISTRICT - FOR STORMWATER MANAGEMENT FACILITIES IN THREE BASINS.
RESOLUTION NO. 90-348
A RESOLUTION WITH ATTACHMENTS, APPROVING A COST
SHARING CONTRACT BETWEEN THE CITY OF MIAMI AND THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR
STORMWATER MANAGEMENT FACILITIES IN THREE BASINS
DRAINING INTO TWO DISTRICT CANALS; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CONTRACT, IN
SUBSTANTIALLY THE ATTACHED FORM ON BEHALF OF THE
CITY WITH FUNDS THEREFOR ALLOCATED FOR THE CITY'S
SHARE FROM STORMWATER UTILITY TRUST FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6 May 24,1990
2.14 APPROVE COST SHARING CONTRACT WITH SOUTH FLORIDA WATER MANA_GFMENT
DISTRICT - FOR RETROFITTING STORMWATER BASIN 31 IN DOWNTOWN AND
OVERTOWN.
RESOLUTION NO. 90-349
A RESOLUTION WITH ATTACHMENTS, APPROVING A COST
SHARING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR
RETROFITTING STORMWATER BASIN 31 LOCATED WITHIN THE
DOWNTOWN AND OVERTOWN AREAS OF THE CITY; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON
BEHALF OF THE CITY WITH FUNDS THEREFOR BEING
ALLOCATED FOR THE. CITY'S SHARE FROM STORMWATER
UTILITY TRUST FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.15 AUTHORIZE LEASE AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, FOOD STAMP PROGRAM - FOR 5,500 SQUARE FEET OF
SPACE PLUS USE OF MANUEL ARTIME COMMUNITY CENTER AUDITORIUM ON SPECIFIC
DATES.
RESOLUTION NO. 90-350
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF
FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, FOOD STAMP PROGRAM, FOR THE LEASE OF
APPROXIMATELY 5,500 SQUARE FEET OF SPACE PLUS THE
USE OF THE AUDITORIUM DURING THE FIRST, SECOND AND
THIRD WORKING DAYS OF EACH AND EVERY MONTH
THROUGHOUT THE TERM OF THE LEASE FROM 8:00 A.M. TO
5:00 P.M., IN THE MANUEL ARTIME COMMUNITY CENTER,
970 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID
LESSEE SHALL PAY FOR THE USE OF THE PREMISES AT AN
ANNUAL RENT OF $67,760.04 FOR THE FIRST YEAR
COMMENCING ON MAY 1, 1990, AND AN ANTICIPATED FIVE
PERCENT ANNUAL INCREASE FOR RENEWAL OPTIONS
EXERCISED IN ACCORDANCE WITH THE TERMS AND
C014DITIONS AS SET FORTH IN THE ATTACHED LEASE
AGREEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.16 AUTHORIZE AMENDMENT TO INTERLOCAL AGREEMENT DATED NOVEMBER 11, 1985,
WHICH CREATED THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION.
RESOLUTION NO. 90-351
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
EXECUTION OF AN AMENDMENT, IN SUBSTANTIALLY THE
ATTACKED FORM, TO THE INTERLOCAL AGREEMENT, DATED
NOVEMBER 11, 1985, AS AMENDED, WHICH CREATED THE
SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 May 24,1990
LJ
2. 17 EXECUTE AGRFFMTSE,4T WITH
CONSULTANT CONCERNING
MIAMI.
SYI,VESTFR A. I,UKIS AS FROFFSSIOIIAI, I,FGISL,ATIVP
FEDERAL LEGISLATION TMPACTING ON THE CITY OF
RESOLUTION NO. 90-352
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH SYLVESTER A. LUKIS, FOR PROFESSIONAL.
LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI;
ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $45,000
FOR SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED
$3,000 FOR REIMBURSABLE EXPENSES FROM THE
LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.18 EXECUTE AMENDMENT NO. 2 TO AGREEMENT WITH DELOITTE AND TOUCHE, CERTIFIED
PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON AND COMPANY,
PA; VERDEJA, IRIONDO AND GRAVIER; AND WATSON AND COMPANY, PA - FOR
RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR
MIAMI CONVENTION CENTER AND GOVERNMENT CENTER PARKING GARAGE
FINANCINGS - AND FOR ADDITIONAL CONTROLS REVIEW OF NEW PAYROLL/PERSONNEL
COMPUTERIZED SYSTEM.
RESOLUTION NO. 90-353
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY
THE ATTACHED FORM, TO AN AGREEMENT BETWEEN THE CITY
OF MIAMI AND DELOITTE & TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON &
COMPANY, P.A., VERDEJA, IRIONDO & GRAVIER, AND
WATSON & COMPANY, P.A. FOR RENDERING ANNUAL
COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES FOR
THE MIAMI CONVENTION CENTER AND THE GOVERNMENT
CENTER PARKING GARAGE FINANCINGS, AND FOR ADDITIONAL
INTERNAL CONTROLS REVIEW OF THE NEW
PAYROLL/PERSONNEL COMPUTERIZED SYSTEM; WITH FUNDS IN
AN AMOUNT NOT TO EXCEED $33,000 THEREFOR BEING
ALLOCATED FROM FISCAL YEAR 1990 OPERATING BUDGETS OF
THE DEPARTMENTS OF CONFERENCES, CONVENTIONS, AND
PUBLIC FACILITIES, FINANCE AND THE GOVERNMENT CENTER
PARKING GARAGE ENTERPRISE FUND AS FOLLOWS $12,000
FROM ACCOUNT NO. 260301-340, $6,000 FROM ACCOUNT NO.
260701-340, $7,500 FROM ACCOUNT NO. 350119-340,
$7,500 FROM ACCOUNT NO. 260221-340.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.19 EXECUTE AGREEMENT WITH METROPOLITAN DADE COUNTY SETTING FORTH
RESPONSIBILITIES OF THE COUNTY AND CITY TO IMPLEMENT SHORELINE
RESTORATION ACTIVITIES AT TWO CITY -OWNED SPOIL ISLANDS ON WEST SIDE OF
VIRGINIA KEY.
RESOLUTION NO. 90-354
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY,
SETTING FORTH THE RESPONSIBILITIES OF THE COUNTY AND
CITY TO IMPLEMENT SHORELINE RESTORATION ACTIVITIES
AT TWO CITY -OWNED SPOIL ISLANDS LOCATED 014 THE WEST
SIDE OF VIRGINIA KEY, WITH SAID ACTIVITIES TO BE
UNDERTAKEN AT NO COST 'IO THE CITY.
8 May 24,1990
I
(ilere foflores body of rinsolut.ion, omitted hez-A and
on file in the Office of the City Clerk.)
2.20 ESTABLISH CHARGES, TERMS AND CONDITIONS FOR USE OF BOBBY MADURO MIAMI
BASEBALL STADIUM BY CRICKET PROMOTIONS, INC. - FOR PRESENTATION OF _=
AMATEUR CRICKET MATCHES. -
RESOLUTION NO. 90-355
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING CHARGES,
TERMS AND CONDITIONS FOR THE USE OF BOBBY MADURO
MIAMI BASEBALL STADIUM BY AMERICAN CRICKET
PROMOTIONS, INC., FOR THE PRESENTATION OF AMATEUR
CRICKET MATCHES MAY 26 - 28, 1990; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A USE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR
THIS PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.21 CLAIM SETTLEMENT: SANDRA K. COLL ($30,000).
RESOLUTION NO. 90-356
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO SANDRA K. COLL THE SUM OF $30,000, WITHOUT
THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON EXECUTION OF A RELEASE,
RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS,
INCLUDING SETTLEMENT OF CIRCUIT COURT CASE NO. 88-
47682 (CA-21).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.22 CLAIM SETTLEMENT: RICARDO J. AND ARVELIA FRANCO ($35,000).
RESOLUTION NO. 90-357
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO RICARDO J. FRANCO AND ARVELIA FRANCO, HIS
WIFE, THE SUM OF $35,000.00, WITHOUT THE ADMISSION
OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON EXECUTION OF A RELEASE, RELEASING THE
CITY FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.23 SUPPORT CONCEPT OF A 1996 INTERNATIONAL EXPOSITION IN DOWNTOWN MIAMI TO
CELEBRATE THE CITY'S CENTENNIAL.
RESOLUTION NO. 90-358
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING
THE CONCEPT OF A 1996 INTERNATIONAL EXPOSITION IN
vj DOWNTOWN MIAMI TO CELEBRATE: THE CENTENNIAL OF THE
CITY OF MIAMI; ENCOURAGING A FEASIBILITY STUDY; AND
EXPRESSING THE POSSIBILITY OF PUBLIC LAND(S) BEING
AVAILABLE FOR THE DEVELOPMENT OF SUCH IN1t.'iATIONAL
EXPOSITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9 May 24, 1990
2.24 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL
STADIUM BY MIAMI SENIOR HIGH SCHOOL - FOR PRESENTATION OF ITS SPRING
FOOTBALL JAMBOREE.
RESOLUTION NO, 90-359
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
ORANGE BOWL STADIUM BY MIAMI SENIOR HIGH SCHOOL FOR
THE PRESENTATION OF ITS SPRING FOOTBALL JAMBOREE ON
MAY 31, 1990; ALLOCATING AN AMOUNT NOT TO EXCEED
$2,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, TO COVER THE TICKET SURCHARGE FOR
SAID EVENT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, AND THE NECESSARY GRANT AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE
CITY OF MIAMI AND THE DADE COUNTY SCHOOL BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.25 DESIGNATE KAGOSHIMA, JAPAN AS A SISTER CITY.
RESOLUTION NO. 90-360
A RESOLUTION DESIGNATING THE CITY OF KAGOSHIMA,
JAPAN AS A "SISTER CITY" OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3. DESIGNATE PANAMA CITY, PANAMA AS A SISTER CITY - APPOINT COMMISSIONER
MIRIAM ALONSO AS LIAISON.
Mayor Suarez: Item
CA-1, we have a clarification, Commissioner Plummer,
hopefully.
I
Commissioner Plummer:
Yes, who's going to be the City Commissioner designated
=
for Panama?
Mayor Suarez: I suggest
Commissioner Plummer - ah, Commissioner Dawkins.
Commissioner Plummer:
That's fine. You know, the policy...
-=
Mayor Suarez: How do
you want it? I mean, you've been the...
Vice Mayor Dawkins:
If Commissioner Alonso does not want it, I'll serve.
-'
Mayor Suarez: Do you
want to do it?
Vice Mayor Dawkins:
She went down there to set it up, she should be the one
that does it.
�r
Commissioner Alonso:
Fine. But if you want to do it, I have...
=
Vice Mayor Dawkins:
No, no, no, you...
a
Mayor Suarez: OK, I'll
entertain a motion....
—
Vice Mayor Dawkins:
It's usually, whoever goes down to set it up is the
—
one. . .
7
I
10 flay 24,1990
-
Mayor Suarez: ...that it be Commissioner Alonso.
Commissioner Alonso: Thank you.
Commissioner Plummer: So move.
Mayor Suarez: Moved. a
Vice Mayor Dawkins: Second. -
Commissioner Plummer: I don't think this microphone is on.
Mayor Suarez: Any discussion7 If not, please call the roll.
Ms. Hirai: He's coming, Commissioner.. He's coming to change it.
Commissioner De Yurre: That's all right.
Mayor Suarez: Reflect a positive vote by Commissioner Plummer till he gets a
working microphone.
Commissioner De Yurre: Hey, don't fix it.
Ms. Hirai: Commissioner Plummer.
Mayor Suarez: Commissioner De Yurre suggests that we don't fix it.
Vice Mayor Dawkins: By no means.
The following resolution was introduced by Commissioner Plummer, who =
moved its adoption:
RESOLUTION NO. 90-361
A RESOLUTION DESIGNATING THE CITY OF PANAMA CITY,
PANAMA, AS A "SISTER CITY" OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
4. ACCEPT BIDS: (A) J.R. BUILDERS, INC., (B) TREE MASTERS, INC., AND (C)
CUYAHOGA WRECKING CO. - FOR FURNISHING DEMOLITION SERVICES.
-------------------------------------------------------------------------------
Mayor Suarez: Item CA-10.
Commissioner Alonso:
Yes...
Mayor Suarez: Madam
CoRunissioner.
CouLtnissioner Alonso:
I have no problems
with this, as long as it's for one
s=
year. Longer than
that, the option of
extending it, if it's our option, I
have no objection.
If it's the option of
the vendor, I'd rather not.
11 May 24,1990
Mayor
SUSI-eZ:
Goori
point., pond
point. Onc- aRai7i, wo pp
tlip Conftiginn nn
those
option it
is.
Is this one
of these that's renewable
at the option of
both
and if: so,
can
we clarify that
it's renewable at our
option. In which
case,
it's just
like
the one year
agreement as the Commissioner is saying.
Mr. Ron Williams: The option is mutual, Mr. Mayor. Obviously, both sides
have to agree. We cannot force them to continue and most: certainly, we find
in the best interests of the City not to proceed with an option, we won't do
that.
Mayor Suarez: OK, at the mutual option. That's almost like not having an
option at all. Anyhow...
Mr. Williams: Well, if I may further clarify it. When we look at these and
find that it makes sense to continue or request an option, i. e., the vendor's
been performing well or has not been performing well, or we look at the market
and find that pricing may be in our advantage, we will not agree to an
extension and we'll come back to the Commission and ask for approval to
proceed differently.
Commissioner Alonso: OK.
Mayor Suarez: OK, is that acceptable?
Commissioner Alonso: Yes, yes, fine.
Vice Mayor Dawkins: The only problem I have, Mr. Williams, is that somewhere
in here - I don't have it now, but I will be coming up with it later on - you
spell out there's a possibility of an increase or a decrease. And here, you
know, we do not have a uniform way of doing it. Some contracts say we'll
accept it at what it is, some says there's no room for negotiation and then
some you put in there's room for negotiation. I mean, it's one in there, I
just don't have it at my hands and when it come up, I'll ask you to come back
and explain what we're doing, sir.
Mr. Williams: OK, Vice Mayor, I also hear you. We most certainly can put
together a firm policy and bring it back for the Commission's consideration.
Vice Mayor Dawkins: OK, thank you.
Mayor Suarez: OK, with the clarification, I'll entertain a motion on CA-10.
Do you want to move....
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
=t.
liay 24, 1990
U
The fo1.1nwing reSollfl i.on TARS i.n1.I-01111f-Od by COMM i8Si.Onc�TFI�1mTp9t', '+1}l0
moved its adoption:
RESOLUTION NO. 90-362
A RESOLUTION ACCEPTING THE BIDS OF J.R. BUILDERS,
INC., TREE MASTERS, INC., AND CUYAHOGA WRECKING CO.
FOR FURNISHING DEMOLITION SERVICES TO THE PLANNING,
BUILDING AND ZONING DEPARTMENT ON A CONTRACT BASIS FOR
ONE YEAR IN AN AMOUNT NOT TO EXCEED $198,054.00, WITH
THE OPTION TO EXTEND FOR AN ADDITIONAL ONE YEAR
PERIOD; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY
DEVELOPMENT DEMOLITION FUND 110. 455017-340-799206 WITH
RECOVERY BY NORMAL LIEN ENFORCEMENT PROCEEDINGS;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS
SERVICE AND THEREAFTER TO EXTEND THIS BID FOR AN
ADDITIONAL ONE (1) YEAR PERIOD SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
5. (A) ACCEPT BIDS: (A) CAMILO MUEBLES, AND (B) DECORA OFFICE
FURNITURE - FOR SUPPLYING OFFICE FURNITURE - FOR POLICE
DEPARTMENT.
(B) ACCEPT BID: FLORIDA COMPUTER FURNITURE - FOR FURNISHING
WORKSTATIONS AND FILE CABINETS - FOR POLICE DEPARTMENT.
----------------------------------------------------------------------------------
Mayor Suarez: Clarification on CA-16.
Commissioner Plummer: Mr. Manager, when we built the substations, we told you
to come in under the five million dollars. That was to include everything.
Now, we're looking at 28 thousand, 29 thousand in one item. The next item,
six thousand. Where's this furniture going?
Lt. Joseph Longueira: Commissioner, that's for the main station.
Commissioner Plummer: What do you mean, for the main station?
Lt. Longueira: This furniture for main police headquarters. It's replacement
furniture for main headquarters, sir, out of operating budget.
Vice Mayor Dawkins: What were they using prior to your ordering the new one?
Commissioner PluliilT!er: Yes.
Lt. Longueira: They're currently using furniture that some of it we had
before we moved into this building, back in 1976, 1 believe.
Commissioner Alonso: Seventy-three I was given the date.
Commissioner Plummer: Mr. Manager, I thought you were short of money.
13 I•lay 24 , 1990
LJ
tir. !din: yTr-* are, 1)11t 1,7P ajcr 1ia.'n to }1 1,;n pr,n, w,",r{ J Tik r n i 1 1 i t i,-[nS t0
sure that people can work.
I.A. Longueira: Commissioner, majority of this item 17 is up in the Detective
Bureau which is a 24--hour a day facility. We have people working 24 hours a
day and that furniture goes through a lot of use.
Commissioner Plummer: OK.
Mayor Suarez: All right.
Commissioner Plummer: See, boys, that's where my money goes.
Vice Mayor Dawkins: Mr. Manager...
Commissioner Plummer: I'll move 16 and 17.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Vice Mayor Dawkins: I'll second for discussion.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: Before you move any of it, I want to visualize it and
after you replace it, I want to visualize it. I'd like to see...
Mr, Odio: Sure.
Vice Mayor Dawkins: ...you know, what makes it so unpalatable to work at that
condition, that station that you've got to have something new to make a man
earn his paycheck.
=
Mr. Odio: dies, sir, I wish you would see that.
Vice Mayor Dawkins: OK.
Commissioner Plummer: If I find one piece of that furniture in either one of
those substations, I want to tell you something...
Lt. Longueira: They won't sir, we're...
Commissioner Plummer: ...we're going to have a strawberry investigation.
Lt. Longueira: We are fully furnished at both substations.
Vice Mayor Dawkins: No, you're not. What do you have in those two front
_
—
rooms on the 62nd Street station?
Lt. Longueira: They have..
Vice Mayor Dawkins: Those two rooms downstairs, what's in there?
Lt. Longueira: There's desks in both rooms for community relations to
utilize, sir.
Vice Mayor Dawkins: So, a desk and a chair is fully furnished?
fi
Lt. Longueira: 'There's one desk and one chair in one room and there's two
=�
desks...
Vice Mayor Dawkins: So that snakes the room fully furnished?
TEN
Lt. Longueira: For their intended use, yes, sir.
_=
Vice Mayor Dawkins. What was the intendea use when it was built, sir'
Lt. Longueira: One roorn was for conwunity relations when it was originally
jA
designed and that's the intended use. The other room initially was designed
—'
14 May 24, 1990
fOr flnp,'i-pr-7ntinp lolhicIi y7?'re, n) Ic>nQer in diat 1PiI)Psc
noon, communi ty re 1 at ions wi I- I. a] SO ljs(? that roC.m.
Vice Mayor Dawkins: At no time, sir, dic. we talk of using one of those rooms
as a community meeting center. At no time.
Commissioner Plummer: We didn't, they did.
Vice Mayor Dawkins: When you say "we," then did "we" tell. "they" that "we"
weren't going to do it?
Commissioner Plummer: No.
Lt. Longueira: No, we're...
Vice Mayor Dawkins: You see, so we led they on to believe that we were going
to do what they wanted knowing all the time that we never intended to do what
they wanted.
Lt. Longueira: Commissioner, we have two rooms at the substations for
meetings. One is roll call room and one is the...
Vice Mayor Dawkins: And is that properly furnished?
Lt. Longueira: Yes, sir.
Vice Mayor Dawkins: Why what does a roll call room need to be properly
furnished?
Lt. Longueira: It needs chairs and tables. It has both, sir.
Vice Mayor Dawkins: Where did they come from?
Lt. Longueira: We bought it through the project, sir.
Vice Mayor Dawkins: Bought them brand new?
Lt.. Longueira: Yes, sir, they're brand new.
Vice Mayor Dawkins: OK, all right, just don't buy anything till I go over
there and see what you have over there, please.
Mayor Suarez: Subject to the Vice Mayor checking out the equipment, we have a
motion and a second. I don't think that proviso is problematic, having one of
the members of the Commission look at it. And that way, we can get the
item... Within a reasonable time, please. Call the roll.
The following resolutions were introduced by Commissioner Plummer, who
moved their adoption:
RESOLUTION NO. 90-363
A RESOLUTION ACCEPTING THE BID OF CAMILO MUEBLES IN
THE AMOUNT OF $11,566.00 AND DECORA OFFICE FURNITURE
IN THE AMOUNT OF $17,407.00 FOR FURNISHING OFFICE
FURNITURE TO THE DEPARTMENT OF POLICE FOR A TOTAL
AMOUNT NOT TO EXCEED $28,973.00; ALLOCATING FUNDS
THEREFOR FROM THE 1989-90 OPERATING BUDGET, ACCOUNT
CODES 140. 290201-840 ($11,566) A14D NO. 29021-850
($17,407); AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION 140. 90-364
IsPTING THE BID OF FLORIDA COMIPU'T'£R
A RESOLUTION A.CC
FURNITURE FOR THE FURNISHING OIL WORKSTATIO14S AND FILE
CABINETS FOR THE DEPARTMENT OF POLICE IN ANAMOUNT NOT
`110 EXCEED $5,925.00; ALLOCATING FUNDS THEREFOR FROM
15 May '24, 1990
11
11
THE'. 19A9-90 OF PATTTJG BUTS FT, ACC:OTiNT CODE ITT. 290201 -
907 ; AUflORT7,TNG THE CI'.I'�i MANAGER To THS7'RUCT. THE
CHIEF PROCUREMENT OFFTCER TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolutions were passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------------------------------------------------------------
6. DESIGNATE LAND SURVEYING SERVICES FOR CITY OF MIAMI PROJECT - 1991 AND
1992 AS CATEGORY "B" PROJECT - APPOINT CERTIFICATION COMMITTEE - APPOINT
GENE PELAEL AS CHAIRPERSON OF COMPETITIVE SELECTION COMMITTEE.
--------------------------------------------------------------------------------
Mayor Suarez: Item 23.
Commissioner Alonso: Yes, I have a question. The appointment, when is it
going to take place? I'm not clear on the information.
Mr. Odio: I couldn't hear the question, Commissioner.
Commissioner Alonso: Appoint when? It says...
Mr. Odio: This is just to appoint a competitive selection committee of no
less than six members.
Commissioner Alonso: When will the appointment be made?
Mr. Odio: Now, if you approve.
Commissioner Alonso: But, this is one name, right?
Mr. Odio: Yes, let me...
Commissioner Alonso: I thought there were six..
Dr. Luis Prieto: Six members, yes.
Commissioner Alonso: Six members. And when the appointment will take place?
Mr. Prieto: As soon as its approved this week, tomorrow.
Commissioner Alonso: He will make the appointment?
Mr. Prieto: Basically, the department will recommend among professionals.
Commissioner Alonso: The department will make the recommendation?
Mr. Prieto: Yes.
Commissioner Alonso: Right after we approve this.
Mr. Prieto: Yes, ma'am.
Corwiiissioner Alonso: OK. And it will come back?
Mr. Jorge Fernandez: No....
16 May 24,10,90
401
Commissioner Alonso: The names?
Mr. Prieto: Well, no, it's which ever
Commissioner Alonso: OK, fine.
Commissioner Plummer: Well, but wait a minute. Whoa, whoa, whoa! You're
asking us to formulate a committee, but we don't know who's going to be on
that committee?
Mr. Prieto: Basically, professionals from the department and from the
profession in general, sir.
Commissioner Plummer: But, are we talking about having people from the
private sector?
Mr. Prieto: Yes, they are private sector.
Commissioner Plummer: At least half of the committee?
Mr. Prieto: Absolutely, sir, three members are from the private sector. And
people that...
Commissioner Alonso: And you will also appoint those individuals.
Mr. Prieto: Yes. These are individuals that would not have contract with the
City. These are professionals that serve the community at large.
Mr. Fernandez: Commissioner...
Mayor Suarez.: Mr. City Attorney.
Mr. Fernandez: ...this is a two step process. We're talking about two
committees. We're talking about a certification committee and a competitive
selection committee. Now, as to the certification committee, those members
are outlined here in the resolution and those you appoint. In the selection,
competitive selection committee, those members the City Manager appoints.
That's the way that is established in the code. Yes, and a chair person is
being appointed... the chairperson of the competitive selection committee is
being appointed by you and that is Gene Pelaez, the way that it reads here
now. And so, as to the certification committee, which is a committee that
looks at it first, you make all the appointments. And as to the competitive
selection committee, you appoint the chairperson and the Manager and his staff
appoint the remaining members of that committee.
Commissioner Alonso: OK.
Mayor Suarez: OK, on item CA-23, I'll entertain a motion.
Commissioner Alonso: Yes, I move.
Mayor Suarez: Moved,
Vice Mayor Dawkins: Second.
Commissioner Plummer: Second.
Mayor Suarez: Moved, Commissioner Alonso. Seconded, Vice Mayor Dawkins.
Call. the roll if there's no further discussion.
Mr. Fernandez: And is it clear with the Commissioner - excuse me, Mr. Mayor -
that this item does not come back to the Commission. OK?
Vice Mayor Dawkins; No, it's not. Why doesn't it come back?
Mayor Suarez It comes back at some point.
Mr. Fernandez: Yes, for you to grant an award to approve the selection that
has been made, but the issue of the corunittee people do not come back to you.
Mayor Suarez: Right.
17
May 24,1990
M
Vice Hp.*,or OK., thank y-u.
Mayor Suarez: OK, call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption.:
RESOLUTION NO. 90-365
A RESOLUTION DESIGNATING THE LAND SURVEYING SERVICES
FOR CITY OF MIAMI PROJECT - 1991 AND 1992 AS A
CATEGORY "B" PROJECT; APPOINTING A CERTIFICATION
COMMITTEE OF NOT LESS THAN THREE (3) QUALIFIED
PROFESSIONALS; APPROVING THE CITY MANAGER'S
APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF
NOT LESS THAN SIX (6) MEMBERS; AND APPOINTING GENE
PELAEZ, P.E., A MEMBER OF THE NATIONAL SOCIETY OF
PROFESSIONAL ENGINEERS (NSPE), DEPARTMENT OF PUBLIC
WORKS, AS CHAIRPERSON OF THE COMPETITIVE SELECTION
COMMITTEE.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mavor Xavier L. Suarez -
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
7. CONSENT TO ESTABLISHMENT OF A CRITICAL WILDLIFE AREA BY THE. FLORIDA GAME
AND FRESH WATER FISH COMMISSION - NORTH AND WEST OF VIRGINIA KEY (A
DESIGNATED CITY -OWNED AREA).
------------------------------------------------------------------------------
Mayor Suarez: Item 31. Commissioner Plummer had a question.
Commissioner Plummer: Mr. Manager, my question is, is designating this as an
endangered area or as a conservation area of restricting the City's right to
use this property.
Vice Mayor Dawkins: Yes.
Commissioner Plumnner: And that scares me because, as you know, every time you
-- do something like this, we have tried to develop and tried to do something
with 1,047 acres of Virginia Key. What you're doing is imposing one more
reason that you can't develop.
Ms. Arleen Weintraub: There's exhibit one, Commissioner, that shows that it
is in the water area. It's all mud flats out here and they're very shallow.
a You can't even get through at low tide.
-_ Commissioner Plummer: It's all in the water area.
Ms. Weintraub: Well, it comes into this mangrove area, but the developable
site, in staff's opinion, and on the plan is this part of the island, not
within; this area as shown in the boundaries where we're recommending a
wildlife area.
Conunissioner Pluwmner; I'm talking about. the land area.
�i
18 May 24,1990
M.r. ndio: Yo,i I1a17P art aroa 4'}IP rP
untouchable, nrco2dlnP to th^ Blaster Tit
Ms. Weintraub: That's right, you woulc
Commissioner Pluramer: Once this is imposed as a so-called CWA, does this
Commission have the right to withdraw it?
Ms. Weintraub: Yes, you do at any time.
Commissioner Plummer: We have that right.
Ms. Weintraub: Yes.
Commissioner Plummer: OK, fine. I'll move it.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion, further discussion? If not, please
call the roil.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-366
A RESOLUTION, WITH ATTACHMENT, CONCURRING WITH AND
CONSENTING TO THE ESTABLISHMENT OF A CRITICAL WILDLIFE
AREA (CWA) BY THE FLORIDA GAME AND FRESH WATER FISH
COMMISSION OF A DESIGNATED CITY -OWNED AREA TO THE
NORTH AND WEST OF VIRGINIA KEY, AS MORE PARTICULARLY
SHOWN IN EXHIBIT I; AUTHORIZING THE FLORIDA GAME AND
FRESH WATER FISH COMMISSION TO COORDINATE THE POSTING
OF THE AREA; AND SPECIFYING A CLOSURE PERIOD OF AUGUST
1ST TO MAY 1ST, EACH YEAR, WHEREIN THE POSTED AREA
SHALL BE ACCORDED MAXIMUM PROTECTION FROM HUMAN OR
VEHICULAR DISTURBANCE IN ACCORDANCE WITH ALL
PROVISIONS SET FORTH BY RULE 39-19.005 OF THE FLORIDA
ADMINISTRATIVE CODE.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
19 May 24, 1990
V
L]
8. DISCUSSION CONCERNING PROPOSED FUNDING OFFER REGARDING CONSTRUCTION OF A
FACILITY IN WHICH ro HOLD TENNIS TOURNAMENTS - BRIF,F DISCUSSION
CONCERNING THE LIPTON TENNIS TOURNAMENT
Commissioner Plummer: Mr. Mayor, can I...
Mayor Suarez: Yes.
Commissioner Plummer: ...inquire at this time, Commissioner De Yurre brought
up at a previous meeting and we now have seen what has happened with the
Lipton Tennis Tournament. I think it would be devastating to this community
to lose that tennis tournament to this community. Commissioner De Yurre, I
hope that whatever your thoughts were in the past, that you're still pursuing,
in some way, that that tournament can be saved for this community. I
understand, and I don't disagree with the ruling that's been handed down by
the courts, obviously; there was a deed restriction that was not adhered to,
but if, in fact, that thing has to move, I, for one, not a tennis bum in
anyway, don't even play the game, but thinking about what that thing does for
this community in nationwide and worldwide publicity -- good, positive
publicity - would hate to see the loss of that event in this community. So, I
will support you in whatever you were doing in the previous bringing it before
this Commission, to make sure that that - if whatever we can do, to keep that
in this community.
Commissioner De Yurre: Well, I'll tell you what I'm going to do and what I've
been doing and we had to wait till this decision to come down and now we're in
a position that we can get more involved, and that is we're going to have to
work with the County. The Miami Sports & Exhibition Authority, which may have
some bonding capacity to raise some of the money for the construction and,
certainly, the City of Miami Commission, we all have to get involved because
it's our land and it's the County's going to have to pitch in. The State - I
was up at Tallahassee yesterday and we're already trying to get something
going about getting some funding from the State so that we can construct the
facility which, I think, is well within our concept of the master plan for
Virginia Key, and it would work in well, so I will continue to pursue this
effort and I'll keep the Commission appraised of what's happening.
Commissioner Alonso: Yes, I'd like to pest in the record, I met with
representation of the Lipton Tournament I would say about two months ago.
And, of course, they were not free to discuss any kind of contract but they
came to my office and we discussed, and they were very much interested in
continuing the negotiations and they decide that we discussed Virginia Key.
It was fantastic, they wanted to go and inspect that. They wanted to get
together with the City Manager and go perhaps go around the area and identify
the location. So I think it's something that we will be able to move forward
very effectively.
Commissioner De Yurre: OK, well I'm glad, because, you know, it's going to
take a lot of effort from the Commission, from the County and a number of
entities and we'll keep pursuing that.
20 May 24,1990
9. (A) DIRECT ADMINISTRATION NOT TO ALLOW ANY LOUDSPEAKERS AT CITY
FESTIVALS UNTIL 8:00 A.M.
(B) 1990 MIAMI/BANAMAS GOOMBAY FESTTVAi_. - PROVIDE FOR CLOSURE OF
DESIGNATED STREETS - ESTABLISH PEDESTRIAN MALL - AUTHORIZE BEER
AND WINE PERMIT - RESTRICT PEDDLERS.
Mayor Suarez: OK, item CA-36.
Commissioner Alonso: Thirty six... Yes, my concern...
Mayor Suarez: Clarification, Commissioner Alonso
Commissioner Alonso: Yes, my concern with this item is the question of noise,
6:00 a.m. I've been receiving letters from people in the different areas and
especially the Coconut Grove area. So many events are taking place in Coconut
Grove and some of the loudspeakers start so early in the morning that make
very difficult for the residents of the area to enjoy peace and quiet during
the weekend. And I think that perhaps if we can clarify or be reassured that
this is not going to interfere with the neighbors in the area, I will have no
objections. But if loudspeakers are going to start at 6:00 o'clock in the
morning, I certainly disagree with this.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: The Goombay Festival has never disturbed anyone. The
Goombay Festival does not start until 12:00 noon. And usually people are home
way before 10:00 o'clock. If anyone in the audience, in the City of Miami, in
Coconut Grove, can come down and say that the Goombay Festival creates any
more or any less noise than Calle Ocho, then you got a problem.
(Applause)
Mayor Suarez: I think they're concerned with...
Vice Mayor Dawkins: But, as long as we have...
Commissioner Alonso: Commissioner....
Vice Mayor Dawkins: As long as we have two festivals...
Commissioner Alonso: Commissioner, this is not the question of...
Vice Mayor Dawkins: ...that bring people to this City who enjoy themselves
and who enjoy intermingling in each other's neighborhoods, to have a better
relationship, I'm for it and we've never had any problems at all, to my
knowing, about the Goombay Festival.
(Applause)
Mayor Suarez: I think your concern has to do with the foot race that took
place in Coconut Grove.
Commissioner Alonso: The concern is a growing concern in the area that
festivals are starting earlier and earlier and when you see 6:00 a.m. as the
request, we want to be certain that the loudspeakers don't start until later.
Remember that we have regulations in the City of t',iami that they state that it
has to be after 7:00 o'clock, any kind of noise, and we expressed our concern
in the last Commission fleeting that 24 hours a day was our concern to protect
the citizens of Miami. It. has nothing to do with this one, or Calle Ocho
festival or whatever festival it is. It is the same concern. Actually, in
the last Corraiiisslon Meeting, we've been addressing this problem that, so many
of the festivals take place in the Coconut Grove area and that's mainly my
concern. As a matter of fact. there are some others that are coming up that
also I have concerns about that. Arid maybe what we can do it, set up
regulations that prohibit that noises start as early 6:00, 7:00 o'clock in the
morning because it interferes with the: quality of life of the citizens of
Miami.
21 May 24, 1990
Vice Mayor D'Iwki ns: wn I ,, , the pop i, have t.o sc t. it at. 6: Q0 o' c lock in the
morning so that when the people pet there at noon, they can start to serve.
They have to put their drinks on ice and I hear you as to no loud noises, but
T will say again, and I will put In the record, I have never, in nine years
that I sat here, had anybody call my office, come to my office, or notify
anybody that I know of that Goombay Festival has created a problem in this
neighborhood.
(Applause)
Commissioner Alonso: Commissioner...
Mayor Suarez: There was a - Madam Commissioner, if I may, just for a second
to clarify because I think that the letters that I received, and I suspect you
did too and all of us, had to do with a race that started at 6:00 a.m. and
they were using loudspeakers to start it off.
Commissioner Alonso: Loudspeaker, I refer specifically about, loudspeakers,
yes.
Mayor Suarez: What is the rule on that, Mr. Manager? I mean, can they just
start a race that we approve by having loudspeakers next to a building in
Coconut Grove that wake up everybody at 6:00 a.m.?
Mr. Odio: I believe you cannot. However, the closure of the street in this
case is just so that they can set up.
Mayor Suarez: But, we're not talking about this Goombay Festival. There's
nothing wrong with Goombay Festival.
Commissioner Alonso: We are talking in general so we came up as...
Vice Mayor Dawkins: I will second Commissioner Alonso's motion that no
loudspeakers start at 6:00 o'clock for no festival.
Mayor Suarez: Right.
Commissioner Alonso: Great.
Mayor Suarez: What is the time of which they are prohibited right now under
ordinance? Or is there?
Commissioner Plummer: Seven to 11:00.
Mr. Frank Castaneda: I believe, Commissioner Plummer, is correct...
Commissioner Alonso: It's 7:00 to 11:00.
Commissioner Plummer: Yes.
Commissioner Alonso: Yes.
Mr. Odio: It does not address that. in the code.
Commissioner Alonso: But also, remember we have regulations and say...
Mayor Suarez: We have a noise ordinance yet. That's a good motion. That
will get us out of this.
Commissioner Alonso: ...noise that you can hear over 100 feet from the place
where they are producing the noise, it's also - they have a thing out there.
Could you clarify that, Mr. City Attorney, what is the statement? Hundred
feet away, I believe it is. Yes.
Mr. Castaneda: What. race did you get the complaint on so we can investigate?
Conunis,sioner Alonso: I don't remember exactly, but it was right after we had
approved one of the different events that constantly we approve, we receive
letters of complaint and then I receive phone calls in my office saying that
loudspeakers...
Mayor Suarez: I. think they were lawyers.
Hay 24, 1 990
Commissioner Alonse: ...started at 6:00 o'clock in the morning.
Mr. Castaneda: In Brickell.
Mr. Odic: There is two events that the bike race...
Mayor Suarez: Lawyers or accountants. I know they were high paid
professionals, I know, that had the race.
Mr. Odio: ...and the March of Dimes.
Commissioner Plummer: Well, may I interject, Madam Commissioner, we have a
committee that has proffered to this Commission on a first reading and for
whatever reason, has never come back for a second reading, a schedule of
trying to control in Coconut Grove, the number of festivals, all of the
ramifications of festivals in Coconut Grove, especially those that really
don't relate to Coconut Grove, and I would like to send you a copy and, Mr.
Manager, get the second reading of that committee back on this agenda because
it does have many of the things that Miriam is talking about are encompassed
in this committee's recommendations. So I'd like to get it back on the agenda
and get it approved or one way or the other, let's get it done.
Mayor Suarez: In addition to passing the motion, Commissioner Plummer, would
you look at what regulations maybe we ought to add it to whatever it is you're
recommending to us or to the second reading of the ordinance regarding the use
of loudspeakers in connection with...
Commissioner Plummer: Well, Mr. Mayor, you know, on this kind of an
application, we can go beyond whatever our present ordinance is...
Mayor Suarez: Exactly.
Commissioner Plummer: ...is we want to say that you can't have amplifiers
before 9:00 or 10:00 o'clock in the morning and they cannot go after X hour at
night, well, that's our prerogative and they either accept it or they don't
hold their festival. So, you know, I think that that's within the prerogative
of the Commission. I have one question on this, Mr. Manager. What are the
designated streets in which this is going to occur? Is it just Grand Avenue?
Mr. Odio: Goombay has always been on Grand Avenue.
Commissioner Plummer: No - but yes, but they tried to sneak in Douglas Road
the other day.
Commissioner Alcnso: Grand Avenue from Douglas Road to Matilda Street.
Commodore Plaza from Grand Avenue to Main Highway.
Commissioner Plummer: Say again.
Mr. Odio: Grand Avenue between Douglas and Matilda.
Commissioner Plummer: Right.
Mr. Odio: Commodore between Grand and Main.
Commissioner Plummer: Grand and Main. OK, but they're not going from Grand
to Dixie.
Mr. Odio: No.
Commissioner Plummer: OK, well that's what they were proposing last year,
you'll recall.
Mr. Odio: tic. ..
Mr. Castaneda: That's correct.
Mayor Suarez: That's not before us here unless...
Commissioner Pluwimer: OK, 7 just want to make sure of that.
23 May 24,1990
11
Mayor Slia_r z: OK. On the item then, there's no cr^}>tems. Ian wA ha;�+ a
motion...
Commissioner Alonso: No problems, so I move...
Mayor Suarez: .,,.and a second, I believe we do.
Commissioner Plummer: Well, let me ask this question just for clarification.
Ms. Hirai: We have a motion.
Commissioner Plummer: Are we going to inject a time period in this particular
one as to amplifiers, yes or no?
Commissioner Alonso: Yes, I guess, Commissioner Dawkins said that...
Commissioner Plummer: What is reasonable?
Commissioner Alonso: Not to have loudspeakers six in the a.m.
Vice Mayor Dawkins: You know, but I don't understand what the hell we're
doing and I may as well tell you. OK?
Commissioner Plummer: No.
Vice Mayor Dawkins: If you're going to discuss the noise ordinance and how
much noise is being made, we should do that as a scheduled item on the agenda.
Now, I agree with my fellow Commissioners there should be a noise abatement
law. I also agree with my fellow Commissioners that these boom boxes must be
silenced. I have no problems with that. But I want it applied where it's
supposed to apply and not have - and I didn't compare this with Calle Ocho in
a derogatory manner - I'm saying that these are two festivals that we hold in
the City of Miami where all ethnic groups come together and mingle and have a
good time and I have yet to hear any complaints. But I agree, it should not
be any noise before 6:00 o'clock. In my neighborhood or nobody eise's.
Commissioner Plummer: Well, would you then want to say that we would not
allow, with any festival, to have...
Vice Mayor Dawkins: I would like to discuss this at the... I mean, yes, go
ahead, whatever you all are doing.
Commissioner Plummer: ...between nine and nine. Nothing prior to nine and
nothing after nine.
-'
Vice Mayor Dawkins: We can come back and discuss it at - put
it on the
agenda.
Commissioner Plummer: OK, fine with me.
z
Mayor Suarez: We have a...
-f
®i
�j
Commissioner Alonso: It's coming back to us.
-;
Mayor Suarez: Yes, we have a first reading on that noise ordinance
and we can
complete minor modifications of it on second reading.
Commissioner Alonso: OK.
_
Mayor Suarez: We have a motion, do we not, Madam City Clerk.
Ms. Hirai: Yes, Mr. Mayor.
Mayor Suarez: What is the motion? Is it on ...
;a
iris. Hirai: That no speakers are to begin before 6:00 o'clock a.m. in any
City...
Mayor Suarez: I think the intention of that was not before six,
meaning at
_=
least up until 7:00 a.m.
Commissioner Alonso: Seven, at least, ves.
24
May 24,1990
Vice Mayor Dawkins: Fight o'clock,
Mayor Suarez: Or 8:00 o'clock. We want to try for 8.00, at least. OK.
Moved and seconded as to that. I guess it's in the form of a resolution, but
please build it into our consideration of festivals until we get back a
complete ordinance from the committee that we've got for Coconut Grove. So
moved and seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: Wait, excuse me...
Mr. Fernandez: Mr. Mayor, excuse me. Point of clarification.
Mayor Suarez: Yes.
Mr. Fernandez: Point of clarification. That will not modify the consent
agenda item 36.
Mayor Suarez: I don't think it affects it in any way.
Mr. Fernandez: All right.
Commissioner Plummer: Mr. Mayor, I once again, would plead with the people of
the Goombay, they have some flexibility on their dates. Here again, this
year, for the City sponsored event, which is the boat race on Marine Stadium,
we're going head to head again. And I'm just saying that I don't have the
flexibility because those dates are given in a sanction. I would hope for
consideration only that in the future, that we could go on not the same
weekend. So I hope that that can be considered in the future.
Vice Mayor Dawkins: I will take that back to the Goombay Festival if the
Budweiser people donate the same amount of money to the Goombay Festival that
they donate to the boat race.
Commissioner Plummer: Commissioner Dawkins, I think...
-
(Applause)
i
Mayor Suarez: Please, please.
Commissioner Plummer: I think in this particular year, that you're getting a
—
lot more than what I'm...
Vice Mayor Dawkins: I didn't say much more, I said as much as.
Commissioner Plummer: You don't want them to cut it, do you?
_
Mayor Suarez: All right. I don't think we ought to debate the respective
merits of the two activities. I think I have a pretty good idea of which
would win out. So, we do have a motion and a second on CA-36 itself?
Ms. Hirai: We have a motion.
Mayor Suarez: On CA-36?
Vice Mayor Dawkins: Second.
Ms. Hirai: Yes, yes, we have a motion.
Mayor Suarez: OK, any discussion? If not, please call the roll.
The following motion and resolution were introduced by Commissioner
Alonso, who moved their adoption:
=1
MOTION NO. 90-367
A MOTION DIRECTING THE ADMINISTRATION TO PROHIBIT USE
e
OF LOUDSPEAKERS BEFORE 8:00 A.M. DURING ALL CITY OF
MIA.MI FESTIVALS AND SPECIAL EVENTS.
=f`
25 May 24, 1990
RESOLUTION NO. 90-367.1
A RESOLUTION CONCERNING THE 1990 MIAMI/BAHAMAS GOOMBAY
FESTIVAL TO BE HELD JUNE 1, 2 AND 3, 1990, PROVIDING
FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
AUTHORIZING A TWO-DAY PERMIT TO SELL BEER AND WINE IN
CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF
ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN
AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD
OF THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT
THE CITY WILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT
BEYOND THE COSTS ALLOCATED BY RESOLUTION NO. 89-921,
ADOPTED OCTOBER 12, 1989.
(here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the motion and resolution
were passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayel- Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
10. AMEND THE AMENDED AND RESTATED AGREEMENT WITH MIAMI MOTORSPORTS, INC. OF
OCTOBER 16, 1985 (GRAND PRIX) - AUTHORIZE MANAGER TO ACCEPT ASSIGNMENT
OF CERTAIN FEES (IMPACT) TO CERTAIN LENDING INSTITUTIONS TO BE NAMED BY
MIAMI MOTORSPORTS, INC.
Mayor Suarez: Item CA-37, clarification. Vice Mayor Dawkins.
Commissioner Alonso: Yes, I think it was me.
Vice Mayor Dawkins: No, I, no, I... no. No, not me.
Commissioner Alonso: I have a question. Are we going to set a precedent in
relation to the impact fee?
Commissioner Plummer: Wait a minute, what?
Mr. Odio: No, no, no, this has nothing to do with the impact fee or.
development. Let me tell you what this is. We are committed by contract to
pay Motorsports, Inc. an amount of monies in 1995 and '96. What they are
asking us to advance this monies in 193, '94 and we said, yes, but at a
discount. We had to give them - we had to pay them $200,000 so we told them,
if you want us to give you the two hundred thousand in 193, it is not two
hundred thousand, it is $163,000, discounted because we're bringing the money
to present value.
Commissioner Plummer: Let me try if I can.
Mr. Odio: OK, I'm sorry, it's $164,000.
Commissioner Plummer: Commissioner Alonso, this is not the impact fee that we
know in relation to building and zoning.
26 May 24,1990
Commissioner Alonso: Which one is this?
Commissioner Plummer: OR, there came a time in which the City asked the Grand
Prix to move from one location to another. That created an impact and a cost
factor for the Grand Prix in which the City says, if you will move, we will =
pay the difference over a period. That is the impact created and that is the
fee. That was established at $200,000 a year. They are asking that that be
paid in '93 and 194 and I demanded that they give us a discount if they want
the money early. This, in effect, will save the City both of the years around _
$40,000.
Commissioner Alonso: OR, great. No problems. I move.
Mayor Suarez: All right, as to CA-37 then, I'll entertain a motion.
Commissioner Plummer: So moved.
Mayor Suarez: Moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-368
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF
MIAMI AND MIAMI MOTORSPORTS, INC., AS AMENDED, DATED
OCTOBER 16, 1985, WHEREIN THE CITY AGREES TO PAY THE
COMBINED IMPACT FEE AND OPTION EXERCISE FEE AT A
DISCOUNT IN YEARS 1993 AND 1994 AND SHALL REMOVE THE
CITY'S OBLIGATION TO PAY SAID FEES IN YEARS 1996 AND
1997; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT
ASSIGNMENT OF SUCH FEES TO LENDING INSTITUTIONS TO BE
NAMED BY THE MIAMI MOTORSPORTS, INC.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner. Plummer: Mr. Mayor, on 37, let me try to relieve some of the...
we have had extreme conversation about the concern of everyone of the
Commissioners sitting here about the traffic off of the port. We feel, with
the Police Department, by one change in the course, and that is opening
Biscayne Boulevard where traffic can go south which we can do very easily.
That it is going to make a tremendous difference in the traffic coming off of
the port. So I just wanted to report to you that everyone of you asked me
about that, that we are attempting in this next item 38, which is the next
event, to do that in which the traffic can go south off of the port.
Vice Mayor Dawkins: If you don't, you lose my vote.
Commissioner Plummer: Si, senor.
27 May 24,1990
11. 1.990 MOTORCYCLE GRAND PRIX OF MIAMI - AUTHORIZE STREET CLOSURES -
ESTABLISH PEDESTRIAN MALL - RESTRICT PEDDLERS.
Mayor Suarez: OK, as to item 38...
Commissioner Plummer: Item 38, Mr. Mayor, is the first time in the history of
motorcycle racing in a downtown event in which it will be done on the streets
of a city. Motorcycle events traditionally have always been in a closed track
oval. This will be covered by CBS and it will give exposure to this community —
and I'm very happy to tell you that July 21 and 22, in my estimation, will be
a positive event for this community. _
Mayor Suarez: Not having any motorcycles flying off into the bay, are we?
Commissioner Alonso: I had some questions about the streets. I was given the
answer, so I have no more problems with item CA 38.
Mayor Suarez: OK, Commissioner Alonso is satisfied as to the layout. Vice
Mayor Dawkins.
Vice Mayor Dawkins: J.L., if a motor will have liability coverage to
indemnify the City?
Commissioner Plummer: Always, as called... it's the same contract that it
will be for the Motorsports. Yes, sir.
Vice Mayor Dawkins: OK, thank you.
Commissioner Plummer: If I'm recalling correctly, it's five million of
liability.
Vice Mayor Dawkins: Five million?
Commissioner Plummer: Yes, sir.
Commissioner Alonso: Move.
Commissioner De Yurre: You got a motion?
Commissioner Plummer: If there's no further questions, I'll move it.
Mayor Suarez: Do we have anything on the record on the amount of the policy
or just nodding of the heads?
Commissioner Plummer: No, it is five million dollars.
Mayor Suarez: Per incident or per person?
Mr. Odio: For the Grand Prix it's five million dollars. And the insurance
department will determine what the amounts would be. But it will not exceed
five million dollars.
Commissioner Plummer: Of course. That's correct.
Vice Mayor Dawkins: So, if five people get hurt and each one of them get five
million and the insurance company takes care of the first five million and the
City of Miami is stuck for the next ten million?
Commissioner Plummer: No, no, no. We're not liable. We're a landlord.
Vice Mayor. Dawkins: OK, all right, I can live with it.
Commissioner Plummer: We're a landlord. If the liability goes to where the
negligence occurs.
Mayor Suarez: All right, it's five million per incident, we hope. And so
stated into the record. We have a motion and a second on that. premise. Any
discussion? If not, please call the roll.
28 May 24,1990
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-369
A RESOLUTION CONCERNING THE 1990 MOTORCYCLE GRAND PRIX
OF MIAMI TO BE CONDUCTED BY MIAMI MOTORSPORTS, INC. ON
JULY 21 AND 22, 1990, PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE
EVENT; FURTHER PROVIDING THAT SUCH CLOSURES AND
PROHIBITIONS SHALL BE APPLICABLE FOR SUBSEQUENT
MOTORCYCLE GRAND PRIX EVENTS HELD THROUGH THE YEAR
2000; SUBJECT TO AND CONTINGENT UPON THE SPONSOR'S
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY
BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING
ASSURANCES THAT THE CITY WILL BE INSURED AGAINST ANY
POTENTIAL LIABILITY.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
12. ESTABLISH CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL STADIUM
BY UNIVERSITY OF MIAMI - FOR SEASON HOME. FOOTBALL GAMES FOR TEN YEAR
PERIOD.
Mayor Suarez: Item CA-41. It was a question...
Commissioner De Yurre: Yes, sir, Mr. Mayor, this...
Mayor Suarez: Oh, Commissioner De Yurre. Is this the issue having to do with
the provision of accommodations for officials, dignitaries, etc.
Commissioner De Yurre: Well, there's a couple of issues, because there is an
insurance issue also with this contract.
Commissioner Plummer: OK, Mr. Mayor, on 41. Everything has been finalized
with the University of Miami and we are in total. accord except one issue.
Commissioner De Yurre: Two issues.
Commissioner Plummer: Two issues. The other one I'll let you argue. Mr.
Mayor, we have basically a contract with the University of Miami as follows.
It is a ten year agreement with two five year options. The other agreement is
in relation to parking and the fees that will be charged and the amount of
parking they can assimilate for their use. The agreement also calls for the
areas of what the monies will be collected in the users fee will be, in fact,
used for improvements to the stadium. The other area that is not of concern,
but I wanted to bring to this Commission is the area of the scoreboard. The
University of Miami has an option which they fully intend to exercise in
putting up a million dollar plus scoreboard witii the City's approval of the
29 May 24,1990
WN
Amok Ago,
board and in that, they will then make available to the City the revenge no
less than $48,000 a year, no more than 15 percent, whichever is greater.
Other than that, the issue remaining remains about insurance. It is something
that, in my estimation, is really no big issue, but it has to be reduced to
writing and understood fully by both parties, and that is to liability that
could occur of an incident that happens within the bowl. I am taking a
position that says, that if one of my employees or my facility in any way is
negligent without question, we cover it. If their employees, they, the
University of Miami, or one of their employees, cause a problem in which
they're negligent, they're going to have to cover it. The area of concern is
that both parties are self -insured, and they are both working that out. I
personally do not feel that it is an insurmountable situation that cannot be
resolved. So, what I'm asking here today is that this agreement be approved
subject to that one segment in relation to insurance being ironed out and
finally approved. Commissioner De Yurre has one other area that he wants to
address. But I think that as far as I'm concerned, that's all I can tell you.
I wish to bring up one other thing, if. I may, Mr. Mayor. As you are well
aware, I am also dealing with the Orange Bowl Committee. I want to tell this
Commission that we have proffered to the Orange Bowl Committee exactly the
same kind and same numbers agreement that we have proffered to the University
of Miami. I did not feel that it was fair that we would do something for one
and not for the other, and as far as I'm concerned, that is the position that
I have proffered in relation to this City that it is exactly the same. There
are some differences in the Orange Bowl Committee's agreement based on, for
example, number one, office space. They use part of the Orange Bowl as office
space. Number two, they use City warehouses to build their floats. Number
three, they use City streets for the New Year's Eve Parade. All of that is a
different situation that does not involve the University of Miami. So, I'm
saying to this Commission, that which we have offered to the Orange Bowl
Committee is exactly the same as what we're asking you to approve here today
for the University of Miami.
Commissioner De Yurre: How does that differ from what's been offered to the
Orange Bowl in prior years?
Commissioner Plummer: How does it differ basically? With a surcharge.
Commissioner De Yurre: Which is?
Commissioner Plummer: Surcharge of basically $1.00 a seat.
Commissioner De Yurre: What are you saying? -that they're not going to be
paying us that now?
Commissioner Plummer: No, the University has agreed to pay.
Commissioner De Yurre: OK, so what my question is, how does it differentiate,
if at all, what we're offering to the Orange Bowl Committee now as to what the
prior deals we've had for example, last year?
Commissioner Plummer: Basically, the surcharge. The surcharge... remember,
both of the entities have been under a ten year contract. About three or four
years ago, is when the City entered into charging a surcharge on all
facilities in which an admission was charged. That now is in effect. In
effect, this City Commission would have to waive that which they have not
done. If, in fact, it would be to the contrary. The University of Miami has
agreed that they will surtax one dollar per ticket for all of the events
excluding the 7,200 students. They come in under a package program. All
we're saying is, the Orange Bowl Committee cannot pay under NCCA rules a
surcharge. They have talked and have somewhat agreed upon that there will be
an increase in the rent.
Commissioner De Yurre: Which is the same deal we had last year.
Commissioner Plummer: No, sir, there was no surcharge.
Commissioner De Yurre: They paid an additional seventy-five thousand in rent.
Mayor Suarez: It was a payment in lieu of surcharge. There was a payment in
lieu of .. .
Commissioner Plummer: No, no, you're talking about, beer now.
30 May 24,1990
Mr. Odto: For the beer. They pay...
Commissioner Plummer: For the beer.
Commissioner De Yurre: No, no, no, no. They paid an additional amount to
cover the dollar that we... because of NCAA rules...
Mr. Odio: No, sir.
Commissioner Plummer: No, sir, they did not.
Mr. Odio: No, sir. They were on...
Mayor Suarez: I thought they did.
Commissioner De Yurre: Didn't they pay like two and a quarter?
Mr. Odio: No, they... because the gate was higher.
Commissioner Plummer: They were on the straight ten percent.
Mr. Odio: But what we did is, when you waive the beer rights, they agreed to
pay $75,000 extra.
Commissioner Plummer: May I....
Mr. Odio: But it had nothing to do with this.
Mayor Suarez: Seventy --five thousand dollars extra not related to that?
Mr. Odio: Not related to the seat charge. They...
Mayor Suarez: Well, we understood it that way. I understood it that way.
Commissioner Plummer: No. May I bring cut one other point with the
University of Miami, by the way. This City, in the past, has contributed
$25,000 a year as a grant, that has been eliminated in this contract. If
there are any further questions?
Commissioner De Yurre: No.... first of all...
Commissioner Plummer: Oh, I'm sorry, Commissioner De Yurre has a...
Commissioner De Yurre: I have a problem with the concept of approving a
contract and still an item not to be ironed out. Because what happens is
theoretically and legally, and we can ask the City Attorney's office for an
opinion., that if we strike a deal on everything except a particular point,
then you don't have to agree on that particular point because you're already
bound to everything else, and if somebody has... it's beneficial to them not
to agree on a particular point and they're stuck, everything is stuck and
everything else, and you've agreed to everything else, then all you have to do
is not agree on that particular point and you've got what you want. And I
don't think that is what the City's position should be.
Commissioner Plummer: Commissioner De Yurre, my problem is a simple
problem....
Commissioner De Yurre: I know what you're trying to do, trying to expedite
this.
Commissioner Plummer: ...a complex answer. Every time we go back and forth -
this has been going on for six months - it's taken up untold amount of hours
of my time which I've wanted to do. But they have to go back to a board of
trustees. Then they have to come back to us, I have to go to the
administration, to the insurance department, to everywhere else. I see
nothing wrong with approving it without that one item. If that one item is
not resolved, there is no contract.
Commissioner De Yurre: Well, that's a point that we have to make clear, that
Lhere is no contract until the points are resolved.
31 May 24,1990
Commissioner Plummer: Well, Steve Dangerfield is here. Where is he? Where
is Steve? Steve, come to the microphone. You fully understand that the
approval of this Commission today excluding that one item, has to be resolved
to both satisfaction or there is no contract. You understand that?
Mr. Steve Dangerfield: That's correct.
Commissioner Plummer: Yes, OK.
Commissioner De Yurre: Now, to the other point. This Commission requested
that as part of the contract, that we obtain 20 seats in the press box or in a
covered area. And I don't see that anywhere in this contract and I'd like to
deal with that issue right now.
Commissioner Plummer: Well, let me deal with that issue for you and tell you
where it is and then you can argue the point. There are two uncovered areas
outside of the press box upstairs which the City has presently been using for
security. In part of the proposal of the users fee, those will be enclosed
and be used for the Golden Canes or boosters. Those people presently are
sitting in what is commonly referred to as the "City box." What the
University's position has been in that matter is that the minute those two
things are completed - which would be in next year's because we can't do it
now, we're too close to football season - that as soon as those are completed,
they would relinquish the twenty seats in the under press box known as the
"City box." They're kind of hard-nosed about that so all I'm saying is,
that's the position. They have agreed to give up the 20 seats once that other
thing is completed. But they don't feel that they want to do that until the
other two areas up there have been completed. That's the position, now you
can argue about it.
Mr. Dangerfield: Commissioner, if I can...
Commissioner Plummer: Sir.
Mr. Dangerfield: ...just correct you there. The enclosed area that you're
talking about, the deck area, the operations booth...
Commissioner Plummer: Right.
Mr. Dangerfield: ...is what we are hoping to expand the press box and
construct a new "City box" in that area. The present "City box" down below
only accommodates 12 people.
Commissioner Plummer: Well, it only accommodates twelve, but it's just a
matter of moving a wall and it could accommodate 20 or 40 or 60 or 80. You
have the whole area there. I'm not arguing the point, OK? I'm trying to
give...
Mr. Dangerfield: It's the University's position to accommodate the City with
a "City box" and we want to do that through the construction and expansion of
the present box in a location that we can both agree upon.
Commissioner De Yurre: Well, the point is...
Commissioner Plummer: All right. Commissioner De Yurre, the bottom line is,
it would be a year off. That's the bottom line.
Commissioner De Yurre: Who controls the construction?
Mayor Suarez: That's what's strange to me. I mean, why is it the
University's position, or why isn't the City's position to reserve for the
City the use of some space at. the Orange Bowl for all activities? I don't
understand it. Mr. Manager, are your not reserving some space for official
City use? I mean, we are going to have a situation like we did a couple years
ago when the nice folks from the Orange Bowl Committee insisted that. I attend
the Orange Bowl game, and when I said I would be happy to go if they wanted me
to fulfill some sort of function, they said and it will cost you $100.00,
which I got a big kick out of, for a City facility. They wanted me to be
there on behalf of the City, presumably they wanted the Commissioners to be
there. They want possibly officials from other parts of the country to come,
and we don't reserve, it is not in our control and domain to reserve a certain
amount of space? - we have to rely on the tenant to be the one that carries
this out?
32 May 24, 1990
Mr. Odio: The University gives us tickets for games... and now...
Vice Mayor Dawkins: Yes. But you see, Mr. Manager...
Mayor Suarez: That's wrong, that's the wrong approach.
Vice Mayor Dawkins: Mr. Manager, what the Mayor is saying and I have to say,
Mayor Washington from Chicago called the Mayor to attend the Orange Bowl game,
and the Mayor had to run around all over town trying to find seats that would
be representative of the Mayor's statute coming from Chicago, and we didn't
have it.
Mayor Suarez: It was worse than that, we stood up the entire game.
Vice Mayor Dawkins: See. I mean, and then our facility, it don't make sense
to me.
Mr. Odio: Well, that's why the University... and we talked about...
Commissioner De Yurre: Well, that's why, as soon as this contract goes into
effect and it's contingent on the scoreboard from what I can read whether it's
'90 or '91, as soon as that contract goes into effect, we need to have secured
for us, a space of twenty seats for functions of that nature. That's simple.
Mayor Suarez: It sounds like you have got the basic deal, the only concern
here is that it be the City that controls that Mr. Manager, not the
University, but the space be delineated as being under the control of the City
to decide what is done there, who goes there, with what identification, with
what tickets, just like we do with the other offices that are in the Orange
Bowl.
Commissioner Plummer: You are saying, for all events?
Commissioner De Yurre: For all events, and it should be included here.
Mayor Suarez: It seems to me to make sense for all, events, but on this issue,
it's basically...
Commissioner Plummer: Well, that's no different Mr. Mayor, and I don't have
any great disagreement... than the Miami arena. The City has a box there.
Commissioner De Yurre. That's right, it's the same thing.
Mayor Suarez: Well I don't like the way we did it there with you know,
payments back and fourth and all that, the box is about as far as you could
possibly get. Might as well watch it on television.
Commissioner Plummer: Well, but the same concept.
Commissioner De Yurre: It's the same concept and that's basically where we
stand, at least where I stand.
Mayor Suarez: It sounds to me like the same concept, it just should be
clearly specified and under the City's control, not under the University's
control. And that doesn't sound to me like an insurmountable obstacle. By
the way, I might disagree with Commissioner De Yurre in one sense and that is,
I would not want this to keep us from having an agreement. I think it is
important that we have our principal tenant signed up, and would be a great
loss to lose him because we have a facility that is costly and that it's paid
for and...
Vice Mayor Dawkins: What is the agreement on the parking?
Mayor Suarez: ... plus, it allows us to be in a better position to deal with
the Orange Bowl Committee. Vice Mayor Dawkins.
Vice Mayor Dawkins: What is the agreement on the parking, Commissioner
Plummer?
Commissioner Plummer: The agreement, is that they presently have control over
fourteen hundred and seventy-seven spaces. They will assimilate immediately,
two thousand or twenty-five hundred.
33 May 24, 1990
Mr. Steve Dangerfi.eld: That would be for the 1991 season.
Commissioner Plummer: Nineteen ninety-one of course. And after...
Vice Mayor Dawkins: OK. All right. I will vote against this agreement
because I have said from day one, I do not intend to sit here and let the City
of Miami lock out all the residents in the City of Miami who want to attend
the game, because they are not a seasoned ticket holder of the University of
Miami. I will be voting against the agreement.
Commissioner Plummer: Well, OK. I respect your right to have your opinion.
Let me only though, state for the record Commissioner, that they will
immediately take over twenty-five hundred of the forty-four hundred that we
have. After that, they would assimilate twenty percent per year until such
time as they have got whatever they want because there is one area of a
thousand that they don't even want. So, I am just putting on the record that,
that was the agreement.
Vice Mayor Dawkins: So, if they don't want it, I don't want my citizens in
the City of Miami to park in it either.
Commissioner Plummer: Well, they park all day there. Let me tell you, it's
the old Municipal Justice building...
Vice Mayor Dawkins: OK, OK. No problem.
Commissioner Plummer: ... So. There is also a provision Commissioner in this
for an increase in the parking fee, which will be paid directly to us by the
University of Miami.
Mr. Dangerfield: If I could help clarify the parking situation. There are
thirty-four hundred...
Mayor Suarez: Well, I think the Commissioner, the Vice Mayor has stated his
position unless he wants a clarification. We have other items, we have people
here waiting on other items. I'll tell you, for my vote Commissioner Plummer,
all I would require, and hopefully there would a consensus or majority at
least, if not a consensus, is simply to instruct the Manager to try once again
to work out, and yourself, the issue of the City space that is needed at your
discretion. And the other issue that was mentioned is the prior one on
insurance as to the proper coverage and the proper agreements; and hold
harmless going back between the City and the University of Miami, also leaving
that for final determination and modification and working out, I would be
ready to vote on this agreement.
Commissioner De Yurre: Let me ask this question on the parking, because what
Miller is expressing I think it's an area of concern for all of us, it should
be anyway. Is there any type of provision wherein the present holders of
parking tickets or permits can be secured? I'm not worried about future
people that want to get parking on the Orange Bowl, but what about those that
for years have had it. Isn't there some kind of protection for them so that
they could continue to...?
Mayor Suarez: Have you made provision for that Steve?
Commissioner Plummer: No. There is no guarantee. The only thing that I was
adamant and wrote in, that the parking given to the University of Miami, would
be from all of the lots. They would not be able to get which for example, S2
is the lot which is the most popular because it is the closest. They would
get a percentage out of each lot we have, excluding the Municipal Justice
building. We are experiencing two, three, four hundred a year of people who
do not renew. OK? Now, but there was no -to answer your question direct -
there was no provision to guarantee those people who have been there, would in
fact, have that particular location.
Commissioner De Yurre: That you know... and what is about four hundred, what
percentage is that of the total?
Commissioner Plummer: About four, about ten percent of the people do not
renew every year.
Lei
34 May 24, 1990
Commissioner De Yurre: And they ire r.egttesti.ng... they are going to be
getting twenty percent annually.
Commissioner Plummer: Twenty percent of the remaining, of the remaining. Now
that's not the total.
Commissioner De Yurre: No, I know that. So, the thing is, I would like to
see something there that can protect those who want to renew, and that have
been doing it for years and years and all of a sudden they are going to be
left out in the cold.
Commissioner Plummer: I fully understand, but there was no way to protect
everybody.
Commissioner De Yurre: Who is being protected now?
Commissioner Plummer: Well, the fourteen hundred and seventy seven spaces
they presently have are protected to them.
Commissioner De Yurre: To them.
Commissioner Plummer: OK? And what they are trying to do, and I don't think
there is any secret about it, what they are trying to do, is to somewhat sell
season tickets predicated on, that if you get a season ticket, you have the
availability of getting a parking space.
Mayor Suarez: You are trying to increase the season ticket sales? Is that
the...
Commissioner Plummer: Of course.
Mayor Suarez: ... by being your own...
Commissioner Plummer: By the way, just for your information, it is projected
that last year they had a fifty-one thousand season, average season ticket
holders, this year it is projected at fifty-seven.
Mr. Dangerfield: That's correct.
Mayor Suarez: All those letters that we get from the people who used to have
the rights to park there, please refer them over to Steve and the University
of Miami. You guys can answer them all as far as I am concerned. We have
nothing to do with it from what you are saying, Commissioner. The University
is handling it.
Commissioner Plummer: That's correct, sir.
Mayor Suarez: And I hope they answer all those letters, because I am tired of
receiving them.
Commissioner Plummer: Well they can also apply to the University for one of
those spaces.
Mayor Suarez: Yes, and direct them to Ted Foote, care of University of Miami,
Coral Gables, Florida. Or Steve, I don't want to pronounce the last name.
All right?
Commissioner De Yurre: Well, then we've got... where do we...
Mayor Suarez: Doesn't sound like it, something that is negotiable.
Commissioner De Yurre: Let me hear from the City Attorney. Where do we stand
legally as far as how far we can go based on their being two or three issues
up in the air still?
Mayor Suarez: Madam City Attorney, so we get this out of the way.
Ms. Vicky Leiva: I think you can approve the contract subject to those
conditions being worked out, and the City Manager will not sign and execute
that contract until such time as those sections are added to everyone's
agreement.
35 May 24, 1990
C Mayor Suarf�7- Cr added, or refined, or worked out. the wording.
Ms. Leiva: Correct. =
Commissioner Plummer: Fine. I have no problem, but let us delineate the two
areas. The one area of course is the insurance and the second area is the
City box. Is that correct?
Ms. Leiva: And the only... -
Commissioner Plummer: That's what you want me to go back, and to finalize?
Mayor Suarez: And I understand it may take twelve months before that space is -'
available, you know there are some practical constraints, but so that we don't _
lose control of it, Commissioner Alonso?
Commissioner Alonso: No, no. It was fine. I agree with it.
Ms. Leiva: Point of clarification, do you wish those items to come back to
you for approval? Or are you going to... --
Commissioner Plummer: Very definitely.
Commissioner De Yurre: Yes. _
Ms. Leiva: OK. At the June 7th? - is that going to be the deadline?
Commissioner Plummer: Very definitely. I want this thing finished and
completed. I'm tired.
Mayor. Suarez: I thought we were approving it subject to that and leaving the
rest to the discretion of the Manager to work out, Commissioner.
Commissioner Plummer: Well, if you want to do that, that's fine with me.
Mayor Suarez: I'm ready to vote on that basis, otherwise we will have the
Orange Bowl agreement as an issue here for the next...
Commissioner Plummer: OK. I'll move subject to the Manager's approval of the
two outstanding items, the contract with the University of Miami.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Commissioner De Yurre: And to be brought back before the Co:cunission?
Mayor Suarez: No.
Commissioner Plummer: No. According to the Mayor, it would just go to the
Manager. I will so inform all of you, OK? Whatever that negotiation is.
Commissioner De Yurre: Well, I would like it brought back for those two
points.
Mayor Suarez: Well, how about this compromise? If any of the Commissioners
have vehement objections, we can always...
Commissioner Plummer: OK. Let me offer this. Whatever we negotiate out as a
final form, I will send to you. If any Commissioner raises objection about
the final form then we will force it before a public hearing.
Commissioner De Yurre: OK.
Mayor Suarez: All right.
Vice Mayor Dawkins: Under discussion. I am not anti the contract, but I said
from day one, when we told Commissioner Plummer to negotiate a deal with the
University of Miami, that I would not vote for giving up all of the parking,
and they have worked out an agreement. where annually, so much would be given
36 May 24, 1990
_c
AML
ak=ay until we have nothing left, so because that parking stipt_ilation is, in =-
there, 1 would be voting against the agreement only because of the parking. I
know that we stand a chance of losing the Orange Bowl and everybody else to
Joe Robbie stadium, but I don't think I can be held hostage because of fear of
something else happening.
Mayor Suarez: OK. So moved and second. Any further discussion? If not,
please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-370
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING CHARGES,
TERMS AND CONDITIONS FOR THE USE OF' THE ORANGE BOWL
STADIUM BY THE UNIVERSITY OF MIAMI FOR SEASON HOME
FOOTBALL GAMES FOR A TEN YEAR PERIOD, WITH THE OPTION
ON THE PART OF THE UNIVERSITY TO EXTEND SAID TERM FOR
TWO ADDITIONAL FIVE-YEAR PERIODS; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND THE UNIVERSITY FOR THIS PURPOSE; SUBJECT TO
THE SUCCESSFUL RESOLUTION BY THE CITY MANAGER AND THE
UNIVERSITY OF THE TWO REMAINING ISSUES CONCERNING
LIABILITY INSURANCE AND CITY PRESS BOX SEATING WITH
INFORMAL REVIEW AND APPROVAL BY INDIVIDUAL MEMBERS OF
THE CITY COMMISSION OF THE SOLUTIONS TO THOSE ISSUES.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor Miller J. Dawkins
ABSENT: None.
Commissioner Plummer: Thank God.
13. APPROVE MIAMI SPORTS AND EXHIBITION AUTHORITY'S STAGING OF THE 1990
BUDWEISER HYDROPLANE REGATTA.
--------- ----------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, may 1 bring up something that... very
briefly? A resolution... I thought it was done.
Mayor Suarez: How about if out of courtesy to...
Commissioner Alonso: No. Fine. Let him go, and then I'll...
Vice Mayor Dawkins: Yes. Let's hold that until after lunch.
Commissioner Plummer: A resolution approving the expenditure by the Miami
Sports and Exhibition Authority of ten thousand to assist in the staging of
the 1990 Budweiser Hydroplane Regatta, I so move.
Vice Mayor Dawkins: No, no.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded.
r
;l
37 May 24, 1990
11
Vice Mayor Dawkins: You know, this is...
look, we giving money away to the Regatta,
Every time I look, lie got a resolution.
Under disc1-ission. Every time T
J.L. Plummer and the Regatta.
Commissioner De Yurre: It says, J.L. Plummer Regatta.
Vice Mayor Dawkins: That's what it is.
Commissioner Plummer: We are inviting Commissioner Dawkins to be the starting
and finish buoy this year.
Vice Mayor Dawkins: Call the roll.
Mayor Suarez: Tie him down to the ocean floor.
Mayor Suarez: Call the roll on the item.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-371
A RESOLUTION APPROVING THE EXPENDITURE BY THE MIAMI
SPORTS AND EXHIBITION AUTHORITY OF $10,000 TO ASSIST
IN THE STAGING OF THE 1990 BUDWEISER HYDROPLANE
REGATTA.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
14. (A) CHANGE DATE OF FIRST CITY COMMISSION MEETING IN JUNE TO NOW TAKE
PLACE ON JUNE 7TH - BEGINNING AT 9:00 A.M.
(B) SCHEDULE ISSUE OF PROPOSED CITY EMPLOYEE LAYOFFS FOR DISCUSSION AT
MEETING PRESENTLY SCHEDULED FOR JUNE 7TH - AT 6:00 P.M. - DIRECT
MANAGER NOT TO PROCEED WITH PROPOSED LAYOFFS UNTIL CITY COMMISSION
CONSIDERS THE ISSUE ON JUNE 7TH.
Mayor Suarez: Commissioner Alonso you had another item?
Commissioner Alonso: Yes. I have an emergency item, something that I think
is of great importance to the City of Miami. I sent a memo explaining the
City of Miami employees' salaries, job security, and matters related to the
budget. And I think it's of great importance when we hear that we might be
losing employees, that we are going to hand out layoffs, and I am very very
concerned. You all know my position, I am fiscally responsible, I like to
protect the taxpayers of the City of Miami, we know we are living in very
difficult times in the City of Miami, and that we have to be very concerned
with the plans we make for the budget. Therefore, I have a proposal that I
like to discuss today and that hopefully, we can instruct the City Manager to
follow these steps in order to save people losing their jobs, guaranteeing the
people that are working now for the City, and it's in reference to salaries.
I would like to impose a freeze in all salaries over $55,000 for a period of
two years; that after one year we come back and we examine the situation
again. I also would like to suggest that we have a salary reduction of all
salaries above $60,000, a five percent cut. I think the City Manager perhaps
38 May 24, 1990
.16
can clarify my concern, that. we are going to be losing an amount of people who
are working for the City of Miami at the present time. I have heard numbers,
it hasn't been confirmed. 1 have studied very carefully the list provided to
me by the City Manager concerning the salaries of people making $55,000 and
over. I also studied very carefully, the departmental budget reduction that
the City Manager suggested to us with cuts, different cuts, and in all of
them, I see that we are going to be losing employees. I would rather ask the
people who are making $60,000 and over to cut their salaries a little bit in
order to protect the little people. This is something I have been saying for
years, it is not something new that comes to my mind, it is a concern of mine
through the years that we have to protect the little guy and we have to ask
the people who make over $60,000 to make some little sacrifice in order to
have job security for them and for the rest of the people in the City of
Miami. I also would like to suggest a cut of five percent in the
Commissioners' office and the Mayor's so that they don't say that we don't
follow the same rules. I also would like to establish a committee that could
study the possibility of early retirement. I would like this committee to be
formed by people who are members of the Civil Service Board, so that they
understand the rules that exist in reference to Civil Service, and I would
like to hear the opinion of my colleagues, and the position of the City
Manager in my request, but I think we are living in difficult times and unless
we go to the citizens and say we are going to increase taxes, we are going to
increase users fee, we are going to increase more licences, we are going to
ask you to pay much more, we have to think of ways by which we can save money
in the City of Miami in order to protect the same employees that might not
have a job in the future if we don't take serious steps, and I'd like to see
the feelings of this Commission as well as the City Manager in my proposal.
Commissioner Plummer: Let's hear from the Manager first.
Mayor Suarez: Mr. Manager.
Mr. Cesar Odio: Fine. The problem that we have is for next year's budget.
As I prepared the next year's budget, we had to make up about sixteen million
dollars. And as I take one item at a time that you proposed, the salary
freeze, with the FOP which your contract is here already, have graciously
agreed to a zero percent increase in their contract for next year. That means
that AFSCME and fire will have to follow because that will be our position
that all three unions will go with zero percent increase. That in itself will
represent about six million dollar savings. On the issue of salary freezes...
Mayor Suarez: When you say zero percent increase in relation to the
Commissioners'...
Mr. Odio: On the cost of living.
Mayor Suarez: OK. In relation to the Commissioners' proposed resolution or
motion, are you stating categorically that under that proposed agreement with
_ the police department, no one would have a .salary increase unless a position
_ became vacant and a new job title was obtained, or are there some situations
where people get automatic increases beyond fifty five thousand?
Mr. Odio: I said cost of living increase.
Mayor Suarez: That's what I want to clarify. What other scenarios are there
responsive to her concern which happens to be my concern and that of a lot of
US.
Mr. Odio: That contract does not address, or it keeps intact the step
increases which is five percent a year, until their steps run out in their
particular classification.
Mayor Suarez: Step increases meaning in effect through seniority?...
Mr. Odio: That's correct.
Mayor Suarez: Or employees that are in Civil Service?
Mr. Odio: That's correct.
Mavor Suarez: OK. Would you have any problem with that resolution as to all
unclassified employees?
39 May 24, 1990
r=
Mr. Odio: I need to address one at a time because I...
Mayor Suarez: All right. Well, let's stay on unclassified then_.
Air. Odio: The unclassified people are already frozen, from zero percent
increase. I want to place this on the record, because we keep hearing about --
unclassified and they are not protected under any contract. They work at the
will of the Manager.. Those people have received in the last five years, a
fourteen percent increase while the unions were receiving a thirty one percent
increase.
Mayor Suarez: Well, the unions dispute that but...
Mr. Odio: Well, it's simple mathematics.
Mayor Suarez: ... at this particular point, Mr. Manager, at this particular
point we are looking prospectively. The Commissioner is talking
prospectively, so we don't argue what has happened in the last three or four
years. The unions dispute your figures.
Mr. Odio: Well, I need to... Next year, they are frozen. All unclassifieds
are frozen. If you cut their salaries...
Mayor Suarez: And the only way around that for unclassifieds is by having new
job descriptions etc.
Mr. Odio: No... on the unclassifieds that are working at my will, which is
ninety-seven people, they are frozen and... as they were two years ago, and
the year before that one.
Mayor Suarez: On unclassified, managerial and executive?
Mr. Odio: That's correct. They are frozen.
Mayor Suarez: Ninety-seven?
Mr. Odio: There are ninety-seven people that work... that are under my
control and not under contractual obligations... through the unions.
Mayor Suarez: Do we have management executives and/or classified that are
under contract through the unions?
Mr. Odio: Yes, we have people that are under contract up to the rank of Chief
in the case of Fire, to the rank of Captain in the case of Police Department
that are under contractual obligations. Therefore, you cannot arbitrarily cut
over fifty thousand. It would have to be negotiated in their contracts. Now
the savings of the five per... we were looking at a sixty million dollar
problem which can be resolved and the savings of five percent cut of salaries
represents about $300,000. What I am saying Commissioner...
Commissioner Alonso: Why do you say that?
Mr. Odio: Because that's what it means.
Commissioner Alonso: When I look at the numbers by the... when I requested
the list of the employees, the numbers show that it's much more higher than
that.
Mr. Odio: Because you have Captains, you have Lieutenants, you have Chiefs,
you have people that are under contractual obligations, that we are under
contractual obligations, that you have to pay them and you cannot cut their
salaries.
Commissioner Alonso: Well, can we negotiate in their contracts that they
don't receive any increases and that they also follow the same rule as the
rest of the people...?
Mr. Odio: Oh, sure.
Commissioner Alonso: We can get them to agree to a five percent. It is
better to me to have job security than to be risking, even layoff two hundred
40 May 24, 1990
and twenty people in the City of. Miami. To me it's better to give protection
to the guy who makes sixteen thousand, twenty thousand, twenty-five, than to
continue increasing the salaries of the people who make over sixty thousand
dollars. In effect, we are telling the people who are making over $60,000
also we are giving to you job security, because we are going to have the City
in a more stable position and we will just send in a very strong message to
the community, we are committed to the City of Miami to the extent that we are
protecting the finances of the City. And I think that at the times we are
living, this is very much needed, unless, we can get something magical form
outside and we get extra funds to come in the City of Miami, and I don't
perceive that to happen in the very near future.
Commissioner Plummer: That magic is over.
Mr. Odio: That's why I...
Commissioner Plummer: Let me ask a question if I may Mr. Manager? In her
proposal, as I understand it, what would that savings in effect for a year
amount to?
Mr. Odio: What, the cut of salaries?
Commissioner Plummer: The cut of the sixty thousand and above cut five
percent.
Mr. Odio: That I have control over. Because you cannot cut the other. unions.
Commissioner Plummer: No, no. I am talking about, as I understand it, the
unclassified positions.
Mr. Odio: That's ninety-seven people, the saving is $300,000.
Commissioner Alonso: Yes, but I am also saying, why can't we negotiate with
the unions so that we can make it all across the board.
Mr. Odio: You may. Then you know, when you don't reach an agreement in the
unions, you go through a simple process of arbitration and we could be in
arbitration forever, because they would not accept that clause.
Commissioner Alonso: Yes. But I am sure that they are very reasonable people
who understand that we are living in difficult times and that job security
means much more.
Commissioner Plummer: You've never negotiated with the unions!
Mayor Suarez: Let me try one. Let me try... Mr. Charlie Cox, would you come
up to the mike for a second, sir? There are fifteen hundred people...
Commissioner Alonso: This is one of the reasonable people, I am sure!
Mayor Suarez: Right.
Mr. Charlie Cox: Don't bet on it!
Mayor Suarez: And his union accepted a twenty five percent reduction for all
new employees which none other has accepted.
Mr. Cox: But you have got to understand something too.
Mayor Suarez: Wait, wait, but, Charlie, before you get on the bandwagon
here. You said there were... you told me there were fifteen hundred people
potentially eligible to be in your union but there is only nine hundred and
some because all the rest are either unclassified...
Mr. Cox: A thousand sixty.
Mayor Suarez: OK, a thousand sixty. So it's like five hundred who are either
unclassified, managerial or executive.
Mr. Cox.: Correct.
41 May 24, 1990
Mayor Suarez: Now, if we pass a resolution as proposed by Commissioner
Alonso, is there anyone making presently over, I believe $55,000 would have a
wage freeze, would that affect any of those five hundred that would
theoretically be, but are not members of your. union?
Mr. Cox: You know...
Mayor Suarez: Because the Manager is saying that we have to go and negotiate
with the union, you are telling us that those people are not part of the
union, they are unclassified.
Mr. Cox: But the problem we have got, is we've already agreed to sit down at
the table. And I have made an agreement that we are not going to make these
negotiations public. And I mean, if we want to negotiate a contract. in front
of this Commission., I'm more than willing to do that.
Mayor Suarez: No, I understand. OK. But that... I don't mean to do that, I
don't mean to force you to negotiate publicly. I just want to know, of those
five hundred people that you say are not part of your union, how are they
affected by your contract negotiations? You told us they are not part of the
union.
Mr. Cox: But that's part of our negotiations...
Mayor Suarez: But you negotiate for them.
Mr. Cox: I'm sitting here and telling you that I am going to negotiate to get
them back in mine.
Mayor Suarez: All right. You want them back in. But as of now, if they were
not part of your union, -would they be affected in any way by your... last
year, let's say, the existing contract, were they affected in any way, those
five hundred people?
Mr. Cox: No. I can't do anything for them.
Mayor Suarez: I don't see, Mr. Manager, why then as to those five hundred
people. You are saying ninety-two, he is saying five hundred just of general
employees, non -uniformed...
Mr. Odio: Those five hundred don't make $50,000. We are talking about people
who make $50,000.
Mr. Cox: I only have eighteen people on my union... in my union that make
$50,000, eighteen.
Mayor Suarez: Right. Besides that, he has very few, but there are five
hundred he claims who would otherwise be part of the general employees union,
who are managerial, unclassified or executive that would not be affected by
his contract and the Commissioner is saying, as to those...
Mr. Cox: I have managerial confidential...
Mr. Odio: Fine. I have no... those people don't make over $50,000.
Mayor Suarez: Oh yes, they do.
Mr. Cox: But, the problem is, we have a lot of. Secretary I, a lot of
Secretary Il, that are managerial confidential. They may make $23,000 a year.
Mayor Suarez: Yes. That's another problem. I don't know why those are not
included in your union.
Mr. Cox: I mean, we have a lot of people that are managerial confidential
that don't come close to fifty thousand.
ti
Mayor Suarez:
All
right. So we have determined that as to... All right,
k
thank you, Mr.
Cox.
As to anyone that is not in the union this does not... is
not affected in
any
way, this resolution by union negotiation, logically.
�t
=?
Mr. Odio: I've
said
that. I have no problem...
r
42 May 24, 1990
�i
Mayor Suarez: All right. Let's try for the union then.
Mr. Odio: ... except that I'll tell you that the savings I feel...
Commissioner Plummer: Well, you know, are we playing sleight of hand? You
know...
Mr. Odio: Yes. -
Commissioner Plummer: You know, there are several things that are not being
said here. You know, there is no magical rabbit. We know that we have a damn
serious problem that we are faced with in the Gates settlement alone, and I
don't think anybody sitting here has any hope or... the desire yes, but the
hope that there are not going to be layoffs. There has got to be. When 90.2
percent of your budget is employees, and you have got to cut somewhere in the
- neighborhood of $6,000,000 part of that has got to be employees, as much as it
hurts. Now, we are talking about in the Police settlement contract. There is
no increase in raises, but there is a bonus. That bonus amounts to how much =
Mr. Manager?
Mr. Odio: Additional five hundred and some thousand...
Commissioner Plummer: OK.
Mr. Odio: ... which is not compounded and is not in debate.
Commissioner Plummer: Mr. Manager, I've dealt with that longer than you have,
OK? The bottom line is dollars, whether they go here or there.
Mr, Odio: The bottom line, Commissioner, is we save $2,000,000 a year, with
that contract alone.
Commissioner Flummer: Mr. Manager, that's two million in the future, and I am
not arguing the point. But don't come before the Commission and make a
statement that they are not getting additional monies, OK? You are saying
that they didn't get any increase.
Mr. Odio: I said they didn't get any cost of living increase.
Commissioner Plummer.: Fine. But they are getting approximately half a
million dollars more, in dollars...
Mr. Odio: Yes. And they are also getting insurance money.
Commissioner Plummer: whether it's in increase, it's a half a million
dollars.
Mr. Odio: They are also getting health insurance.
Commissioner Plummer: OK. Now, the point that I am making, I have, and in
concurrence with Commissioner Alonso, but what I am saying is, please, the
message that you send out here today is not going to be guaranteed that there
is not going to be layoffs. I don't know any way that you are going to avoid
them, I don't know of any way. When you've got to cut a budget six to ten
million dollars to just the Gates suit alone, and ninety percent of your
budget is employees...
Mr. Odic: Maybe, I should give you an example.
Commissioner Plummer: I don't know how you going to do it, so.
Mr. Odio: If I may give an example.
Commissioner Alonso: May I just add a comment? Excuse me, Mr. Manager. Just
adding to the point that Commissioner Plummer said. Yes, if we have to let
people go, at least let's do it after we have tried...
Commissioner Plummer: Oh, I abree with that.
Commissioner Alonso: ... every possible way. What I cannot justify is salary
increases at the same time that we are letting people go, I just can't.
43 May 24, 1990
Mr. Odio: Like I said, I agree.
Mayor Suarez: I think the general feeling, because I am hearing from the rest
of the Commission, Mr. Manager, that this item should, in fairness to
Commissioner Alonso, be scheduled for a hearing on its own. I think the
general intention of the motion is to minimize, to lower almost to zero, if at
all, possible, any layoffs. And instead to work on the people making over
$55,000 To the extent that they are unclassified, do it by a simple
resolution. To the extent that are in a union negotiations, we have to take
them one by one, I have a special feeling personally as to the Police
Department but some of the other departments, we ought to be looking at.
General employees, apparently, there is hardly anybody that makes over fifty-
five.
Mr. Odio: I need to be very... I'm sorry, I'm sorry.
Mayor Suarez: Mr. Manager, if I may f inish so that we can try to give the
consensus and move on with Commissioner Alonso's indulgence to the next item
and have for a full Commission presentation, this item. I think it's very
important, I think it strikes at the heart of the budget that you are going to
be preparing in the next few months, and I hope that it is built in as at
least a resolution of intent and apply to all union negotiations too, so that
we can to the extent possible build it into those negotiations. I think
everybody knows how I feel about the hundred and twenty firefighters that are
making over $50,000. That's another example, that's another union that we
have to separately deal with. And I hope that the Commissioner's motion is
directed at those too because it doesn't make any sense to be laying off low
paid employees in favor of retaining a hundred and twenty, in that particular
department, over $50,000 and in other departments maybe not quite as bad but
also quite a few, so...
Commissioner Alonso: Yes, I think it...
Mayor Suarez: ... if that's the intent of the motion, unless you'd would like
just make it as a statement of principle maybe, we just ought to have a full
hearing on it, Commissioner...
Commissioner Alonso: No, definitely. I want that we address this problem,
that we find solutions to it, and I think we have seen stories of other big
companies in Dade County that did not address job security. I think it's
better to take steps even though are painful, I know that no one likes to cut
his or her salary five percent, I like to tell every one, you'd have a salary
increase every year, if the situation were different. But as the situation we
are facing today, it's better to take this step than to let people go. And at
least, I want to send the message that we have tried everything in our hands
to avoid letting people off, until we have tried to address the problem sixty
thousand and over.
Mr. Odio: But, Mr. Mayor, I need to do this...
Mayor Suarez: OK. We are just going to schedule it for full consideration,
Mr. Manager. You'll have an opportunity, if you want to make a statement,
please, go ahead.
Mr. Odio: Yes. I am in the process now of eliminating positions. The letters
are going out. I have to do it or I will not have a balanced budget this
year, or you won't have a balanced budget this year. The five percent salary
cut, like I said, is $300,000. 1 have a ten million dollar problem that I
have to address, I am responsible for the finances and I cannot wait to take
action to a full hearing of any kind.
Mayor Suarez: But those layoffs would not be implemented until the next
fiscal year, would they?
Mr. Odic: No, they are now.
Mayor Suarez. In this fiscal year?
Mr. Odio: They are happening now. For instance, we are addressing $300,000
in savings in salaries cut, but I...
Commissioner Plummer: No, they have got to.
44 May 24, 1990
Mayor Suarez: Well, one alternative, if the Commissioner feels strongly
enough about this, is to have Special Session, but I'll... you know, before
those layoffs are implemented.
Commissioner De Yurre: Since we are talking about a fiscal issue, one of the
items I had on the agenda, had to do with the Gates case, and I just wanted to
mention the fact that Mano in the Budget Department and I are working closely
on coming up with a possible solution to dealing with the Gates case, and they
will entail working with the unions and during the next four weeks, I plan to
have a proposal to be brought in unison with the Budget Department that may
mean a savings, it may mean a solution to the Gates problem without layoffs or
anything along those lines. So, I just wanted to report that and we will
continue working on that issue.
Commissioner Alonso: Yes, but this is not contrary to your position at all,
it has nothing to do with it, so we can proceed...
Mayor Suarez: No, no. But since we're are talking... when the Gates case was
mentioned...
Commissioner Alonso: Exactly. We can proceed with...
Mayor Suarez: Superficially, Commissioner De Yurre, how much of a savings
would it require up front in the first few years? Just so that we have an
idea, what other kinds of savings are going to be required?
Commissioner De Yurre: Well, what we are looking at, is basically a formula
wherein there wouldn't be, we would save on the cost of living increases and
things of that nature, and we are looking at the exact amount that will be
needed.
Mayor Suarez: OK. You don't have that amount yet?
Commissioner. De Yurre: No. Which are, I looked at a figure of six million,
but that's way too much because at the end of the Gates case we ended up with
a hundred and sixteen million dollars in each, so...
Mayor Suarez: You end up with a surplus. All right, Commissioners, all of
this should be probably either scheduled for the very first item as suggested
by the Vice Mayor at the next meeting, or a Special Session. What is you
pleasure?
Commissioner Plummer: Well, the layoffs...
Commissioner Alonso: Have a Special Session.
Vice Mayor Dawkins: Mr... OK.
Commissioner De Yurre: The next meeting.
Commissioner Plummer: The layoffs, you've done, is that correct?
Mr. Odio: Yes, sir. They have.
Vice Mayor Dawkins: Mr. Mayor, you know, I have a problem.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: And Mr. Manager, I am going to pull the minutes, as I
referred to you each time ,you told me that you were not going to raise the
millage, and you were dropping the millage, that we would never have a problem
and that you could provide the same level of service without any additional
inoney. Now, we come now, which I knew we were coming to, that we couldn't do
it. See, how can you...
Mr. Odio: Oh yes, we can.
Vice Mayor Dawkins: Well, why are you laying people off if you can do it?
Mr. Odio: The people that I have eliminated positions, are people that are
not critical to services of the City of Miami.
45 May 24, 1990
11
Vice Mayor Dawkins: No. See, we did not discuss critical services.
Mr. Odio: We are maintaining the same level of service as we had.
Vice Mayor Dawkins: You are not, you are not. If you are laying off...
Mr. Odio: Yes.
Vice Mayor Dawkins: OK. No problem, we'll discuss that at the next meeting.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: But, I want you and all of us up here to understand, that
when you talk in terms of asking the Firemen, the Police and the Sanitation
people, and .including the $50,000 a year people in the Recreation, and you ask
them to take a five percent decrease each year, that decreases their pension
rights and nobody is going to work who is eligible to retire at this rate.
They are not going to stay here and work five years more and lose five percent
of their pension...
Mr. Odio: That's right.
Vice Mayor Dawkins: ... And then stay five more years and use five more.
You're going to have a hell of a turn over and you are not going to be able to
replace them.
Mr. Odio: You are right. I want to point out, on my top staff. Most people,
all of them are doubling up. So what I would have to do as I cut their
salaries, is to hire a Director to help them out and that will add to the
cost, because I cannot ask people to double up or triple up, in some cases,
where you have an Assistant City Manager that is Director of two departments,
that used to be two, you had two Directors there, the total savings and
elimination of those two Directors plus their Assistants and whatever, is
$300,000 a year alone. And I am asking that man to take over all those duties
and then now on top of that, they haven't received a raise and then cut their
salary, I just don't agree with that.
Mayor Suarez: Mr. Manager, I...
Commissioner Alonso: Mr. City Manager, excuse me, Mr. Mayor. Why can't...
they are very dedicated people, I have had the opportunity to work with them
and I can attest for that, and I have high respect for them. But why can't we
ask them, at a time that is so difficult for the City of Miami, that they try
to work with the rest of the people to provide job security for themselves and
for the rest of the employees in the City of Miami, as well as to respect to
the citizens of the entire City. Why can't they have five percent cut when we
are living in difficult times? It's not like if we are asking them, this is
going to be on a permanent basis. Remember that many of these people, Mr.
City Manager, are making eighty, ninety. It's not that they are making
twenty-five or fifteen, or twenty, and they are struggling to survive. We are
talking about people who are making good money.
Mr. Odio: Well, it's a question of philosophy. You are paying somebody
ninety thousand that is doing the job of two people, I think that's a great
savings there. I have an Assistant City Manager that is now taking over
Planning Building and Zoning. The Planning Director used to make seventy-five
thousand, the Building and Zoning Director used to make seventy-five thousand,
you add that, plus the secretaries, you are saving $300,000. I give him all.
of that extra duty, and then to ask him on top of that, your reward is to cut
your salary by $4,500 a year, I don't think that a professional should do
that.
Commissioner Alonso: Mr... I'm sorry.
Mayor Suarez: Mr. Manager. With all due respect... if I may, Commissioner...
doubling up when you have over five hundred classifications, I mean, you can
=` create as many classifications as you want, and say now you must hold two of
them, at that level. Doubling up to me means being a Solid Waste employee who
has to take twice as many cans or being a Police Officer who has to get shot
=w at twice as much and be in two different areas at the same time; or being a
Fire Department employee who has to go out to twice as many calls, that's
eF
-:'! 46 May 24, 1990
doubling up. The rest of it, I respect that in some cases you have, in fact,
asked people to wear more than one hat of existing duties that were performed
in the past by more than one person. In some cases, just a lot of
classifications, I counted over five hundred. I mean, pretty soon we'll have
more classifications than employees. And by definition, by mathematical
requirement they are going to have to double up because we are going to have
more classification than people working. So, I respect the way that you are
looking at all. of this, but I think that to argue that, some of these people
at the high levels are doubling up, it's just...
Mr. Odio: Mr. Mayor, we had...
Mayor Suarez: Give them as many duties as they can perform, if not, some of
them will in fact, resign and we have eager people wanting to work in the City
at over sixty thousand...
Mr. Odio: Oh, sure.
Mayor Suarez: We have eager people wanting to work in the City at over twenty
thousand.
Mr. Odio: But not of the quality that we have.
Mayor Suarez: Oh, I...
Mr. Odio: And and I want to point out that we had at one time, thirty-two
directors and we are down to nine.
Mavor Suarez: That's debatable, all right? And that's no disrespect to the
people we have, but we have a few that have been around many, many years in
some departments and you have told me yourself that we can't get them to
retire. Maybe this is one way to get them to retire.
Mr. Odio: The people I want to retire, they won't go, and those are not my
staff .
Mayor Suarez: All right.
Commissioner Alonso: Mr. Manager, I realize that this is a very difficult
step to take, I have given a lot of thought and I knew that it was difficult
to swallow, but it's something that we have to move forward, something that we
have to be done, and I think it is worth discussing in a public hearing, so
that we can make the best decision, but it's a way that we can save people
jobs. When I look at Solid Waste Department, and I have talked to some of the
people who have been working for the City, temporaries, yes, 1199s" yes, but
people who have been here for three years, two and -a -half years, one and -a -
half year, and now we are telling them, bye-bye, go home, no job at all. I
think I feel more sorry for these people than for the people who will receive
a five percent cut, and they make over $60,000.
Mr. Odio: Well, the five...
Mayor Suarez: OK. How do you want to structure, Commissioners, as to
complete discussion of this issue?
Vice Mayor Dawkins: I second Commissioner Alonso's motion, whatever it is.
Mayor Suarez: OK.
Commissioner Plummer: On June the 7th.
Mayor Suarez: On June 7th. Are we going to be able to make it on the agenda?
Or you want to try to...
Mayor Suarez: Nine O'clock, first item, an hour reserved?
Commissioner Alonso: If we have time, we could perhaps do it first thing in
the morning and address this issue, we will have time to study it more
carefully, all of you, the City Manager, we might have the opportunity to look
in detail, and I think early in the morning, we can do it. and I hope we have
enough time.
47 May 24, 1990
0
Mayor Suarez: 9:00 a.m. June 7th, an hour reserved for this item. Does that
sound like a good...?
Commissioner Alonso: I think so. Unless...
Mayor Suarez: OK. All right, so moved and seconded. Any discussion? If
not, please call the roll.
Mr. Fernandez: Point of order. Mr. Mayor...
Mayor Suarez: I know what you are going to ask.
Mr. Fernandez: Is it...
Mayor Suarez: Does this in any way prevent the proposed layoffs?
Mr. Fernandez: Number one, and number two, you are saying June 7th but that
meeting has not officially yet been called for June 7th.
Mayor Suarez: All right. For the first meeting in June.
Mr. Fernandez: For the first meeting in June.
Mayor Suarez: All right. Thank you. Is June 7th the date that's agreeable
to everybody.
Commissioner Alonso: That's fine.
Mayor Suarez: All right. We'll incorporate that into the motion.
Mr. Fernandez: No, no. That requires a separate vote, if you please.
Mayor Suarez: Ah, you always want two motions.
Commissioner Alonso: All right. So we say for the first meeting in June.
Mr. Fernandez: All right.
Mayor Suarez: We don't pay the City Attorney by a number of motions, do
we?... Can you duplicate motions, consolidate? All right, take separate
motions as to the first one, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-372
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING IN JUNE, 1990 TO TAKE PLACE ON JUNE
7, 1990, COMMENCING AT 9:00 A.M.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
fMayor Suarez: As to the motion scheduling the item for June. 7th indeed, I'll
sF entertain a motion.
Mr. Fernandez: Implicit in the motion is the fact that the Manager is not to
take any action relative to ;ghat he has already put in place?
-,. 48 May 24, 1990
U
L1
Mr. Odio: But, I...
Commissioner Alonso: I really, Mr. Manger, I'm sorry. Actually, my actions
are based on trying to protect those individuals that we are laying off now.
If we can do that, we don't know how many people we will be able to save but
I'm trying to do all in my power to protect those individuals. If we can stop
this, I don't want to interfere with your decisions, I respect you, but I am
also pleading with you that. these people, if we can save them, I am trying to
do all in my power to do so.
Mr. Odio: But, let me... I need a clarification, Mr. Mayor. The not using of
"99s" is not a layoff. Our not using "99s" is not a layoff. So, I guess, I
need to do that because if not, the deficit, not the deficit, the contribution
that we must make to Solid Waste will be around sixty million dollars this
year. OK? - when it was projected to be ten. That's one, the other issue
is...
Mayor Suarez: The contribution that we must make, what was that?
Mr. Odio: The General Fund contributes to Solid Waste, as you know.
Mayor Suarez: The General Fund doesn't contribute anything to Solid Waste,
the General Fund is to provide Solid Waste pick up to the citizens of Miami.
Vice Mayor Dawkins: Thank you, thank you, Mr. Mayor.
Mr. Odio: Fine. Then let me clarify it, that, because...
Mayor Suarez: Now we have the General Fund that you pay contributing to a
department that picks up your garbage, I love that.
Mr. Odio: OK. The budget of the Solid Waste department call for the use of
property taxes in the amount of ten million.
Mayor Suarez: Thank you.
Mr. Odio: We are going to end up using sixteen if we keep all these people
working. And also, the, what I'm going to tell you is this, that unless I
take action now, unless we keep using less, there will not be a balanced
budget this year.
Mayor Suarez: All right. We have to do this on a... Madam Commissioner, the
intent of your motion is to try to do anything about the layoffs, or are we
going to... I am not sure that we can do anything about them administratively.
Have they in fact been sent out, Mr. Manager, the notices?
Mr. Odio: The letters are ready, the people are in the process of being
notified.
Mayor Suarez: Have the letters been sent out, Mr. Manger, so we know what we
call in law a moot question?
Mr. Odio: No. They are going out tomorrow.
Commissioner Plummer: How many?
Mr. Odio: The total layoff this week will be fourteen and the elimination,
and I am eliminating about, it's a total of thirty-nine positions, because I
am eliminating vacant positions. So the total layoff, physical layoff this
week is fourteen.
Commissioner Plummer: How much will that save?
Mr. Odio: The total thirty-nine positions is a million eight.
Vice Mayor Dawkins: A million for what?
Mr. Odio: A million, eight hundred thousand dollars.
Vice Mayor Dawkins: For how many positions?
49 May 24, 1990
106
W V
Mr. Odio: For thirty-nine.
Vice Mayor Dawkins: But you said fourteen though, you are laying off
fourteen, now I know how much savings...
Mr. Odio: Physical layoffs is fourteen, and I am eliminating...
Vice Mayor Dawkins: OK. From the fourteen positions, how much does that
save?
Mr. Odio: Seven hundred and fifty thousand dollars.
Vice Mayor Dawkins: Now how many people off your staff do you have to layoff
to get the seven hundred and fifty thousand dollars?
Mr. Odio: I'm laying off from my staff, two people.
Vice Mayor Dawkins: How many people... I'll as the question again...
Vice Mayor Dawkins: How many people would you have to lay off your staff to
get the seven hundred and fifty thousand dollars?
Mr. Odio: From my staff?
Vice Mayor Dawkins: Yes, sir.
Mr. Odio: Oh, about ten.
Vice Mayor Dawkins: Ten. So, we are going to lay off ten in yours and
fourteen in the other and keep the other twenty-five sanitation workers.
Mr. Odio: Sure.
Commissioner Alonso: Mr. City Manager, from here to June 7th, how much it
will mean if we can keep these people until the 7th, until we make a decision?
Can we keep these people until June 7th?
Commissioner Plummer: Based on those numbers, it has got to be $100,000.
Mr. Odio: That's right.
Commissioner De Yurre: Well, let's understand one thing. It can't be a
hundred, you are talking about for a full fiscal year...
Commissioner Plummer: One month.
Commissioner De Yurre: It's $1.8 million, the thirty-nine.
Mr. Odio: Right.
Commissioner De Yurre: So if we are just talking about...
Mr. Odio: It's not...
Commissioner De Yurre: ... the remaining fiscal year, it's got to be way less
than the seven hundred thousand you are talking about.
Mr. Odio: Right. it's just that I hope that these people...
Commissioner De Yurre: OR. Now, let's look at this. The savings, what, for
another two weeks of keeping the fourteen, and that's what we are talking
about.
Commissioner Alonso: Yes,
Commissioner De Yurre: Holding on to fourteen for two more weeks.
Mr. Odio: That means nothing. It's a decision, you don't lose that, much.
What you are losing is, that we are sending a message, that this can be done
and I am telling you now that in order to balance the budget this year., and in
order to have a balanced budget for next year, the cutting of five percent
salaries will not do it and we have to look and face at what we must do now.
That's what I want...
50 May 24, 1990
E
U
Vice Mayor Dawkins: That's not what you told me last year,
Commissioner De Yurre: Well, if what we are Looking at, and let me make one
thing clear because I don't want the message to go out that we have not been
conscientious in working toward keeping people working in the City of Miami
because that is the ultimatum, that's when you have no other option available.
Commissioner Plummer: Exactly.
Commissioner De Yurre: That we have been trying time and time again to look.
for options, and with the unclassified positions with the vacancies, with all
the things that are happening, there are savings because people are just not
being replaced.
Mr. Odio: That is correct, Commissioner.
Mayor Suarez: By attrition, we are...
Commissioner Alonso: Attrition.
Commissioner De Yurre: That a lot of that has been going on and there have
been millions of dollars in savings.
Mr. Odio: It has been done by attrition.
Mayor Suarez: We have reduced a lot by attrition.
Mr. Odio: For instance, Solid Waste have... and I have to say this. Solid
Waste union have cooperated tremendously. We have forty-one vacant positions
there, so it's a combination of things.
Mayor Suarez: This is forced attrition now. We know by attrition we have
reduced a lot people from staff, saved a lot of money. Now we are talking
about something else.
Commissioner De Yurre: Mr. Mayor, I think that what we need to do in order,
so that the City Manager feels that he has got the full support of this
Commission, in the decision that he has to make, is that I don't mind waiting
two weeks and holding on to those fourteen positions, because we have to come
to a conclusion as to which way we are going, and if that means that on the
7th this Commission can give a directive to the City Manager saying, we are
with you because there is no other solution, that these changes must take
place, and these things must take place, then he has the full support of this
C i d d d wt h b 4-th t d d '
- t h h
om-MI.ssion o go a ea an o a ever as- e one in or er
o come W an
_
the budget. I feel that if we can address that in a formal
manner without
having to argue back and forth and come up with different concepts then maybe,
=
that's just the way to do it.
=.
Mayor Suarez: I think we ought to reduce this to a vote, and
I'll go either
way. Mr. Vice Mayor.
--
Vice Mayor Dawkins: I beg to differ in that, that is
the Manager's
responsibility. I don't have to give him no vote of confidence
to do his job.
He knows what he has to do and he has to come back and tell us
what to do, so
_-
=
I'm not going to give you no vote of confidence to come back to
tell me that.
Mr. Odio: Let me point out something, so you keep this in mind and maybe if
you want to, I'll have my people come around you and brief you
before the June
7th meeting. So...
�F
Mayor Suarez: That's always a good idea, Mr. Manager.
Mr. Odio: If you want to, I will do that, but let me point just one budget
—''
out. The Police Department budget for next year, in working with it, without
doing anything, and with zero percent cost of living .increase,
the growth of
that budget alone witIiout doing nothing different than this
year, the same
number of Police Officers, same number of Public Service Aides,
no raises, the
growth in $3.5 million dollars, whether we like it or not.
F
Mayor Suarez: There are some automatic increases that. the
Commissioner's
motion is trying to deal with. We don't know which ones we
can deal with
=x
-s.
_fl
51
May 24, 1990
without having to go back on existing contracts, but. wecertainly want to
inquire into that so that we can stop those built-in increases, even as to our
own staff. When I first came aboard, I remember all of a sudden my staff
getting a five percent increase, and I didn't ask for a five percent increase,
and I was told this was automatic.
Mr. Odio: It has been for... in the positive side...
Mayor Suarez: I know it has been done for many years, we want to stop that,
Mr. Manager.
Commissioner, De Yurre: Mine didn't get one.
Mr. Odio: On the positive side, AFSCME agreed four years ago to a two-tier
pay program, and luckily, I didn't think it would create dividends so fast.
We now have four hundred and forty-three people in the City that are on the
second tier, and if you don't think that means savings, you are saving about
eight thousand dollars per person.
Vice Mayor Dawkins: You didn't save nothing because... nothing... I'll ...
Mayor Suarez: We are going to get into this first and second tier I think at
this meeting and see who are our first and second class citizens here. In any
event, I'll go either way, Commissioners because I do feel that he has got to
have discretion on fourteen, but if you want to hold off and build that into
the motion, I think it's proper Mr. City Attorney as long as we clarify?
Mr. Fernandez: Yes. So long as you are very clear in what you are doing...
Mayor Suarez: That we don't want any layoffs until this whole matter has been
aired at the first meeting in June.
Commissioner Alonso: Yes. I think that's the intention of my position, I
just don't want to interfere with his job. It's not my intention, but I am
trying to save people jobs, I think job security is more important and I want
to do everything in my power. I remember the first Commission meeting when I
came here, and I was asked to vote on a contract with a four percent increase
and I ask precisely that day, do we have the money available? Are we going to
have any layoff later on in the year? Because to me job security is more
important than anything else, especially when we are talking about the little
people. And that's the message that I want to send to the City Manager.
Mayor Suarez: Yes. There is a problem as you are indicating as Vice Mayor
Dawkins both indicate as a problem, when in midyear, mid -fiscal when we
-- approved the budget, all of a sudden it turns out that just to be able to
balance the existing fiscal year's budget, we had to lay off people, there is
something wrong there.
Mr. Odio: Mr. Mayor, let me put it on the record. We had a disturbance that.
cost a million three hundred thousand dollars that was not budgeted.
Mayor Suarez: All right. Now we have a fund for that wisely...
Mr. Odio: No, no. Because we have short memories.
Commissioner Alonso: Exactly.
Mayor Suarez: ... put into law by motion of Commissioner Alonso, it's in the
law. We have an emergency fund, hopefully, in the future that will not create
a change in the existing fiscal year and layoffs that we may not have
anticipated.
Commissioner Alonso: Exactly.
Mayor Suarez: In any event, if the Commissioners... Charlie because we are
going to get into this on June 7th presumably at length...
Mr. Cox: That's...
Mayor Suarez: feel that you want to hold off on those fourteen layoffs and
if... Mr. City Attorney, once again, can we do that legally, within the
Charter?
52 May 24, 1990
Mr. Fernandez: Can you have a special meeting on. the 7th to give instructions
to the City Manager as to what to do with unclassified employees...
Mayor Suarez: We don't know what's going to happen on June 7th. I want to
make sure that we can today say, in the meantime...
Commissioner Alonso: Well, to deal with those issues...
Commissioner Alonso: We want to leave it open that we can have a full.
discussion.
Mayor Suarez: Right. In the meantime, can we say, you ars to not lay those
people off?
Mr. Cox: Could we have it at six?
Commissioner De Yurre: I don't think we can, but we can suggest it.
Mr. Fernandez: That would be my position, my position would be, that you
would be interfering with the City Manager's determination that in the full
discharge of his duties, he deems that this is the best course to follow.
Mayor Suarez: All right.
Mr. Fernandez: I'm looking right now to the Charter to see what powers the
City Manager has in reference to the budget because you're really then
addressing an issue of budget. He has made a determination that for him to
come within his budget...
Mr. Odio: Let me interrupt! You know, this is a problem of the City of
Miami. I am paid for by the City of Miami and I work for the City Commission.
I don't care about the powers of the City Manager. I think this is a problem
_ we need to resolve together. I have no problem with that whatsoever. I just
want you to understand fully the consequences which whatever way you decide to
go together.
_ Mayor Suarez: But to understand fully, we're going to have to spend a little
more time and there are people here waiting on other items, Mr. Manager. So
if it's then understood that you will not proceed with those layoffs? -is that
the idea, voluntarily without getting into the issue of...
Commissioner De Yurre: Just the 14, we're talking about 14, right?
Commissioner Alonso: That's the number he gave us.
Mr. Odio: What?
Commissioner De Yurre: Fourteen layoffs. -
Mr. Odio: Yes, fourteen.
Mayor. Suarez: All right.
Commissioner De Yurre: OK, so just 14 for two weeks is what we're looking at.
Commissioner Alonso: Yes, hold the layoff until the meeting. Now...
Mr. Fernandez: But as to the elimination of the positions, which was the
second step in his process, he could go ahead and eliminate them.
_ Mr. Odio: No, no, they were done already. That's eliminated. They were
eliminated.
Conunissioner Alonso: OK, Mr. Cox has suggested that if we could change the
date to the 6th so that he could be present and...
Commissioner De Yurre: No, no the Commission Meeting is the 7th.
Commissioner Plummer: No, no, 6:00 p.m.
-3
Commissioner Alonso: Six p.m., oh 6:00 p.m. OK.
53 May 24, 1990
�6
Mayor Suarez: Only the item to be considered instead of at 9:00 a.m., at 6:00
p.m. I think we'd better take that in the form of another motion then.
Vice Mayor Dawkins: So move.
Mayor Suarez: Moved.
Commissioner. Alonso: Second.
Commissioner De Yurre: Second.
Mayor Suarez: Call the roll on that.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-373
A MOTION DIRECTING THE ADMINISTRATION TO SCHEDULE AN
ITEM ON THE JUNE 7, 1990 AGENDA, AT 6:00 PM IN
CONNECTION WITH A PROPOSED SALARY FREEZE/SALARY
REDUCTION FOR CITY EMPLOYEES WITH SALARY LEVELS ABOVE
$60,000.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor. Suarez: We need to have decorum in the chambers, please.
Commissioner De Yurre: OK, so now what's the second motion?
Vice Mayor Dawkins: There is no second motion.
Commissioner De Yurre: No, isn't there one that. - about the fourteen? -to
hold off. As a suggestion, to hold off for the fourteen?
Mayor Suarez: I think the Manager has put into the record so we avoid the
legal ramifications that he's voluntarily going to follow the consensus of the
Commission on that.
Commissioner Alonso: Yes, we added that in the - yes, we included it.
Commissioner De Yurre: And, again, for the record, let's state that whatever
he's got to do, he's going to have to do it. And, you know, if it means that
maybe we can find some magical - which has to be at that degree, magical -
solution, because we've studied this backwards and forwards, and we've gone
through a whole ramification of different possibilities and we still come up
with what we've got. But in the hope of something magical happening in the
next two weeks, then let's give it one last shot.
Mr. Odio: Well, the one magical thing there that you can do is not give any
monies out to anyone like we proposed in that proposal, it's three million
dollars.
Mayor Suarez.: We're aware of that, Mr. Manager. We're going to wrestle with
that, it's in your memo. We've been getting tougher and tougher on those
grants and fundings, but we also want to get tough on the high level salaries,
apparently, according to the Coamissioner's motion. All right, scheduled for
June 7th at 6:00 p.m.
54 May 24, 1990
Now, I know we have a lot of people h-ore on Stem 17, I believe, right?
And
this is the Community Development Block Grant Funding, which a lot of
you
would like to see some going to the Public_ Housing?
Commissioner Alonso: Yes. We got the message.
- Mayor Suarez: Thank you, thank you. I got the message.
- Vice Mayor Dawkins: Public Housing... in the schedule?
Mayor Suarez: Yes. It's on item 17. What I'd like to do is, we are going to
get to this item before lunch and we're going to take before all the other —
_
City of Miami items. Items No. 2 and 3 are also involving people from
the
outside. Can we solve those reasonably quickly? and then we'll skip all
the
way over to item 17 and that means that we will in effect take you out
of
= order and we will skip all the City of Miami internal items. But we have
two
other items that involve outside people that we are going to try to get to
and
I think one is the gentleman over there in the wheelchair, if I am
not
- mistaken.
15. ENDORSE ADMINISTRATION'S RECOMMENDATION NOT TO ACCEPT DONATION OF JOHN
HOWARD'S PROPERTY LOCATED AT 1334 N. MIAMI AVENUE.
Mayor Suarez: Item 2. Who do we hear from on this?
Commissioner Plummer: The Administration. Mr. Manager, why are we looking a
gift horse in the mouth?
Mr. Odio: I had The Herald hanging on my....
Commissioner Plummer: Item 2. The donation of the property.
Mayor Suarez: Will The Herald reporter please assume his?...
Mr. Odio: No. I am saying, we don't want to accept that property.
Commissioner Plummer: Why? That's the question.
Mr. Odio: Well, there are a number of reasons as addressed in the memo. We
know that we have asbestos in the building, they are telling me it cost about
$60,000 to clean it out. The building structure has already been condemned _!
and we need to make a determination where it's worth the - it can be saved or
not. The value of the property needs to be determined because as we know that
we have toxic waste and asbestos in that property. It could be better for us -
not to take this kind of a gift.
Commissioner Alonso: Is this property, excuse me. Is this property rented? -
Mr. Herb Bailey: It's empty, Commissioner.
Commissioner Alonso: It's vacant?
Mr. Odio: It's already been condemned.
Commissioner Alonso: Condemned.
Mr. Odio: But now we discovered that, as we did a search when you asked us to
_ look at the property that it does have toxic and asbestos problems, they are
serious.
Commissioner Alonso: And Mr. Manager, I think this is an issue thatwe will =
have to address in the City of Miami concerning some properties that the liens
are over the value of the property and what are we going to be doing with
these properties. Some people are saying they don't have more money, we
continue to put liens over the property and we will have to make a decision on
what do we do to these properties. Sometimes the number of liens that have
been placed are well over the value of the property but in some instances,
there are properties that perhaps, they could be fixed and a solution could be
55 May 24, 1990
found that they could be donated to a private individual that could perhaps
repair the property and through that, obtain ownership. I think it's
something that - not at this time because I don't think it's the right time or
even the right property but in some instances, this has come many, many time
and perhaps it's something that we should address on a form of a policy, that —_
the City of Miami will have concerning these cases and how we move in the
different cases.
Mr. Odio: Let me give you a short - Commissioner Dawkins and I went to a
- building on 36 Street, next. to a Boxing Gym as I remember and what I
discovered in that visit with the Commissioner, was that some people did not =
care about the liens because they were so small, so they didn't care what the
condition of the building was. And we talked then that if the punishment is
high enough and if it is in some cases, the liens are higher or at the same as
the value of the property, that we can keep the property, it would encourage —
owners for fixing the buildings up.
Commissioner Alonso: Sure.
Mr. Odio: That was the intention of that.
Mayor Suarez: Actually, the smaller the lien and the higher the value of the
property, the better for us.
Mr. Odio: Sure. They don't care.
Mayor Suarez: No. No sir. The smaller the lien the higher the value, we
foreclose, we keep the property.
Mr. Odio: No, sir. Because you foreclose - let's say the property if worth
ten thousand and your lien is only on $500.00 what they do...
Mayor Suarez: If nobody comes in and buys it at the courthouse steps, we get
to keep the property. If...
Mr. Odio: No. You don't for $500.00. What you do is you get your $500.00
when they sell the property.
Mayor Suarez: You get interest and attorneys' fees and everything else, if
somebody comes and pays, otherwise you could keep the property.
Mr. Bailey: On the matter of liens, Commissioner. In most cases, I would say
99 percent of the cases where we have a lien, you can be assured that the
County has similar liens and maybe even more and there are probably other
liens that have been placed by mortgage or some other creditor. In this
particular case, in donating a property to the City, they unfortunately filed
a quick claim deed for which we have not accepted. We don't know what kind of
things come along with that property...
Commissioner De Yurre: Herb, do we have an appraisal or do you have an
estimate of what that property is worth?
Mr. Bailey: We don't have that, Commissioner. First of all, we don't have
the right at the moment to go in and get that because we don't own the
property.
Commissioner De Yurre: Didn't somebody mention that the property as it was
worth about $40,0007
Mr. Bailey: It would cost us $40,000 in one estimate to make certain minimal
repairs, in fact, to demolish it would cost us that. The cost to accept this
property will probably far exceed what it is as an appraised value on the
market today.
Commissioner De Yurre: Are you telling me - how long we've dealing with this
issue? You know...
Mr. Bailey: Well, we've been dealing with it - I guess it's a matter of how
long you've been dealing with it and how long have we been dealing with it,
correctly.
56 May 24, 1990
Commissioner De Yurre- No, no. The point I'm trying to make is that, one of
the first things that would come to mind is, how much is this property worth.
Mr. Odio: Let me have the number, this is...
Commissioner De Yurre: You know, if we are going to deal with this whole
concept.
Mr. Odio: Santiago Ventura did the designer analysis and the property value _
is estimated to be sixty three thousand, eight forty two. The cost of
demolition if we choose to demolish is forty thousand. But it is impossible
to gain access to it when you don't know how much asbestos is in there. But _
the cost...
Mayor Suarez: And that's a good point because we've been hit very hard on
contamination cost of many properties that we have purchased, let alone
obtained for free.
Mr. Odio: Right. Let's suppose it - we feel that it has asbestos, the cost
to remove it is $10.00 per square foot and the total cost would be estimated
then to be $379,000 just on the removal of the asbestos, that's why I said, we
don't want this gift.
Mayor Suarez: All right. Does anybody in this Commission or the Manager have
any interest whatsoever at this point in accepting this property?
Mr. Odio: No. Not me.
Mayor Suarez: All right.
Commissioner Plummer: Based on what he says, there is no way we can accept
the property.
Mayor Suarez: Exactly. Now, sir. I presume that you are here in some
capacity on behalf of the owner.
Commissioner De Yurre: Mr. Howard, he is here. Mr. Howard is here also.
Unidentified Speaker: The owner is here.
Mayor Suarez: Right. You can give him the hand held mike if he would like to
use that and he can make a quick presentation, but it looks like, you know, we
certainly cannot be forced to accept something that we are not interested in
accepting as a gift. Sometimes, certain gifts are not particularly gifts and
this case seems to be one of those. But if you want to try and convince us
otherwise, do so, sir, within - make it a three minute statement, please.
Mr. Louis Devlin: I came to...
Commissioner Plummer: For the record, your name and address.
Mr. Devlin: My name is Louis Devlin, I reside at 3030 Collins Avenue, Miami
Beach. I work for Mr. Howard who is the owner of this building. Only and
when the Mayor of the City came on TV publicly looking for some sort of help
for the homeless of Miami. Now this building, tor. Manager had claimed it was
condemned, it's not so. The City of Miami had given us seven days to either
rehab it or tear it down, which is a difference. As far as the asbestos
contained in the building, every building at this period of time structure,
has asbestos. And the removal of the asbestos, I got an appraisal for $20,000
which is a lot far less than the sixty thousand he is proving. Now, Mr.
Howard was ill at the time when the Mayor came out on TV and so forth, and I
approached him and I said, well Mr. Howard, we have a building that, it's
forty-four units, it's seven stories and it's got ten thousand square feet of
warehouse space that's really doing nothing there and these ;people here,
they're looking for something where to sleep, they are looking, for something
where they can perhaps learn something as far as using that ten thousand
square feet as
a manpower center.
-� Mayor Suarez:
But sir, you
understand
that without the City's involvement,
you can go to
or he can go
to the
Miami Rescue Mission, the Camillus House,
all the people
who are involved
in
sheltering and maybe offer this, and maybe
— they, on a private nonprofit
basis
can make this building into what you would
like it to be.
The City has
to be
very careful on our involvement.
-
57 May 24, 1990
Mr. Devlin: Yes. Well...
Mayor Suarez: We might take something here that will cost us more money than
it's worth right now, and that's what our experts are telling us. It's not
that we don't want to necessarily use this building for the purpose as you are
intending, but you can do that in a private sector. In fact, most of our
efforts to help the homeless have been through the Rescue Mission and so on,
because we don't get the funds for that, the County gets them. HRS funds.
Mr. Devlin: I understand, but when I approached your people, we came to you,
we did it through Channel 23 TV cameras...
Mayor Suarez: You approached me through the Channel 237
Mr. Devlin: Yes. Well, they are the ones that had the... "Sin Techo."
Mayor Suarez: That's why he's here. The famous editorial on the homeless?
Mr. Devlin: Right, "Sin Techo."
Mayor Suarez: We finally go a hold of it after two months of asking for it.
Well, they have very good intentions, a lot of people want to help the
homeless, they have very good intentions but we are trying to deal with the
issue whether we should accept a building that we think to improve and to put
it up to code and so on, it will cost us more than what the building is worth.
Commissioner Alonso: Is that building beyond repair?
Mr. Devlin: No. It's not.
Mr. Santiago Ventura: The buildings contain... My name is Santiago Jorge
Ventura. My position is assistant director and building official, Planning
and Building and Zoning Department. This building was built in 1925. The
building was condemned. Mr. Howard put a permit for the demolition of the
building in order to comply. The cost of the demolition, $40,000. According
to...
Mayor Suarez: We have that on the record, I think the Commissioner asked, can
the building be rehabilitated or restored or not.
Mr. Odio: It is condemned. It has asbestos...
Commissioner Alonso: Well, I know it's condemned but it doesn't mean because
a building is condemned, sometimes, you know how it goes, it could be saved. —
Mr. Odio: Well, if you have to remove the asbestos...
Mr. Ventura: Yes. But let me explain to you... -
Commissioner Alonso: Is this the case? Is it beyond repair?
Mr. Ventura: No. The building was abandoned for many years and nobody tried -
to...
Commissioner Alonso: Has it been closed... for how many years? - Sir, how
many years have the building been closed?
Mr. Odio: The building cannot be repaired, Commissioner, in answer to your -
question. It cannot be repaired.
Mr. Ventura: The building was built...
Commissioner Alonso: 1 would like to know - the gentleman - you said, how -
many years has it been closed?
Mr. John Howard: Yes. It.'s been closed for a few years.
Commissioner Alonso: Few years?
Mr. Howard: Yes.
58 May 24, 1990
Commissioner Alonso: Five, seven?
Mr. Howard: Something like that, yes. I don't know exactly. I've lost my
good health some time ago and I wasn't able to supervise it in the manner it
should of been and...
Commissioner Alonso: OK.
Vice Mayor Dawkins: I don't see why we are continuing to discuss a building
that we don't want.
Mr. Howard: ... and there is no way that I can rehabilitate it because I
can't even get in the building in a wheelchair.
M,:. Odio: No. You can demolish it.
Mayor Suarez: OK. The Administration ought to be advised or warned that if
indeed nothing at all happens, we may end up with this building whether we
want it or not, but that's...
Commissioner Alonso: I was going to say that.
Ms. Vicky Leiva: Mr. Mayor.
Mayor Suarez: We are all beginning to understand that.
Ms. Leiva: If I may, we would need because Mr. Howard after his last
appearance here, issued a quick claim deed to the City and actually conveyed
title to the City, without the City accepting it...
Mayor Suarez: That's a great move.
Ms. Leiva: ... We would need to file a disclaimer in our office would need to
have...
Mayor Suarez: And I sure hope you do that, if our action today is that we are
not disposed...
Ms. Leiva: ... a motive... we need a motion or directive from the...
Mayor Suarez: I am about to entertain that motion.
Vice Mayor Dawkins: So moved.
Mayor Suarez: So moved. Somebody want to second that?
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Now, sir. We are going to vote that at this point,
we don't want your gift, we appreciate your sentiments in giving it to us.
This does not mean that you're precluded from working with the City
Administration to see if there is something that can be done with this
building. It just that we at this point, do not want you to deed it over to
US. We are concerned that, that's going to cost us a lot of money. This does
not preclude you...
Vice Mayor Dawkins: From removing asbestos and what have you.
Mayor Suarez: Right, exactly. Removing the asbestos, showing that it's in
good condition, otherwise working with the Administration, but the item should
not be coming here to this Commission, because this Commission's policy right
now, based on their estimate is that, we don't want to accept a gift of that
property, and so, would just be advised of that. You might be able to
convince the Administration that there is some use for' your building, whether
it's to shelter the homeless or otherwise, all right? So you are not
precluded from continuing to deal with the Administration on this, that's a
nice way of saying, don't call us, call him. All right? We have a motion and
a second. Any discussion? If not, please call the roll.
Commissioner Plummer: Let ►ne understand. What you are telling me, Mr.
Manager, is that the building is worth less than what it would cost to either
improve or demolish?
59 May 24, 1990
Mr. Odio: Oh, much less. Much, mt:ch less.
Commissioner Plummer: All -fight.
Mr. Devlin: have you seen it?
Mayor Suarez: OK. That's pretty clear. I mean, that's how I estimate it
right now, it might take other studies to know whether it has that much
asbestos, whether it really cost that much, maybe if you clean it up of the
asbestos or demolish it or otherwise, the property will have a value more than
zero. But right now, we don't...
Mr. Odio: Well, I think he has no choice but to demolish the building as soon
as possible, if not...
Mayor Suarez: If not...
Mr. Odio: He is in violation of the law.
Mayor Suarez: If not, you know what happens. All right, we have a motion and
a second on rejecting or disclaiming the deed. Any discussion? If not,
please call the roll.
The following motion was introduced by Vice Mayor Dawkins, who moved its
adoption:
MOTION NO. 90-374
A MOTION REJECTING THE DO14ATION TO THE CITY OF JOHN
HOWARD'S PROPERTY LOCATED AT APPROXIMATELY 1334 NORTH
MIAMI AVENUE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD - Item 3 was deferred to the afternoon.
60 May 24, 1990
16. (A) DISCUSSION CONCERNING PROPOSED SECOND READING ORDINANCE
ESTABLISHING NEW SPECIAL REVENUE FUND: COMMUNITY DEVELOPMENT BLOCK
GRANT (SIXTEENTH YEAR), APPROPRIATI14G $11,081,000 FOR ITS
EXECUTION, AND $1,200,000 FROM SIXTEENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME (SEE LABELS 16.1A-
D).
(B) PERSONAL APPEARANCE BY STANLEY G. TATE (DADE COUNTY HUD OVERSIGHT
COMMITTEE) TO DISCUSS REQUEST FOR CDBG FUNDS.
Mayor Suarez: All right, item 3, I suggest was supposed to be in the
afternoon as to the Chief, so we' 11 respect that and now item... - it is 17
Stanley, is that what, you are here on so eagerly with documents, etc. Can you
raise your hand if you are here on this item, please?
Commissioner Alonso: Are we going to take item 40 together since...
Mayor Suarez: Are they related?
Commissioner Alonso: Yes.
Mayor Suarez: Item 40, may be related too, I don't mean to confuse anybody.
Commissioner Alonso: It's CDBG (Community Development Block Grant.) so we
might as well... Do you think? Yes. They are talking about the money for the
CDBG so we might as well get it out of the way, together...
Mayor Suarez: OK. If we can get to that.
Commissioner Alonso: ... If they are here, of course.
Mayor Suarez: All right. Thank you. Mr. Tate, you want to make that
presentation, sir?
Mr. Stanley Tate: Yes. Mr. Mayor, members of the City Commission, thank you
very much.
Mayor Suarez: Presume you are not being paid for your appearance and aren't -
don't have to register as a lobby, sir?
Mr. Tate: No, sir. I am a pro bono lobbyist, if you will. I am Chairman of
the HUD Oversight Committee, and I might add yesterday, the President of the
United States appointed me to the Advisory Board of Directors of the
Resolution Trust Corporation. The only one from the State of Florida.
(APPLAUSE)
Mayor Suarez: Go on, save us some of that - what it is a hundred and sixty
billion dollars that's going to...
Mr. Tate: Right now, the estimate is five hundred and sixty five billion
dollars.
(APPLAUSE)
Mayor Suarez: Oh, Lord! All right, maybe we'll get some of that money for
Public Housing in Dade County. I'm not sure that's worth applause, it might
be worth crying about, but...
Mr. Tate: One of the issues in the Resolution Trust for your information is,
Public Housing.
Mayor Suarez: I don't mean your appointment, you appointment is worth
APPLAUSE, but - go ahead, Stan.
Mr. Tate: In any event, what we are here for is in conclusion I hope, of a
request that was made originally by the Director of HUD, Mr. Earl Phillips, in
regard to the CDBG monies that are going to be renewed by the City of Miami
Commission. For your information, there are over seven thousand units of HUD
61 May 24, 1990
h
housing located in the City of Miami, which are managed and owned by Dade
County. These units comprise of residency in excess of twenty thousand
people. We have people here today from those developments such as Rainbow,
Gwen Cherry, Town Park Gardens, Culmer Gardens, Culmer Place, Claude Pepper,
Jack Orr, Park Sides, Smathers and others. I could tell you, our request was
for three million dollars, approximately three million seventy four thousand
dollars of the total funding that the City has received from HUD, and I might
add that to a great extent, a portion of the justification for the award of
these funds to the City was taken into consideration, the overall high level
of low income, housing and low and moderate income residence of the City of
Miami. So, to some extent the justification for the award of these funds to
the City of Miami came about because of these people living in these housings
located in the City of Miami. I might additionally add that 100 percent of
these monies to the extent they are awarded to us, will be utilized only for
exterior and aesthetic improvements. A hundred percent of the monies that are =
necessary for the renovation of these units are in the process of being spent,
many millions have already been spent, through monies we've received from Dade
County and from HUD and those monies will continue to be spent. I might
additionally add, in relation to the problem you just heard, we have spent in
the City of Miami for asbestos removal on these units, several millions of
dollars, and we intend to continue to do that to the extent it's necessary
even to relocate people in other units while we are doing the abatement
program. This is something that's essential. It's something that's needed.
We are not asking for money to do the renovation work on the interiors. This
is for the aesthetics, it will improve the overall condition of these units
that are all located in the City of Miami. Of the twelve thousand four
hundred units in HUD in Dade County, over sixty per cent are located in the
City of Miami. As you are all aware, the Dade County has a court order to do
a substantial five year renovation plan. I was appointed the Chairman...
Mayor Suarez: Stanley, when did that five year period begin on that Court
Order?
Mr. Tate: It began two years, approximately, nineteen months ago.
Mayor Suarez: Nineteen?
Mr. Tate: Yes. And we've done - we've spent a total of Greg - how much -
twenty million? We spent already, thirty million dollars.
Vice Mayor Dawkins: And where did that thirty million come from?
Mr. Tate: Part of it came from Dade County and part of it came from Federal
HUD.
Vice Mayor Dawkins: What part of the Dade County funds did it come from?
Mr. Tate: I think, one of our Directors said half and half...
Vice Mayor Dawkins: Half and half? Wait, Mr. Tate.
Mr. Tate: I think it was sixty - no I don't think that's right. I think it
was forty percent from Dade County and sixty percent from Federal HUD.
Vice Mayor Dawkins: OK. All I need to know is, the part that came from Dade
County, was it federal funds, state funds, ad valorem taxes, where did it come
from?
Mr. Tate: A portion of it and I don't have the exact percentage, came from ad
valorem taxes out of general revenues of Dade County.
Vice Mayor Dawkins: Right. And the people in the City of Miami pay ad
valorem taxes to the County.
Commissioner Alonso: Yes, indeed.
Commissioner Plummer: Thirty percent.
Mr. Tate: Certainly.
i Vice Mayor Dawkins: OK. I just want to put things in their perspective.
62 May 24, 1990
�i
y
AW
Mr. Tate: Certainly.
Vice Mayor Dawkins: Go right ahead, sir.
Mr. Tate: There is no question about that, I'm not arguing as to whether, you
know... _-
Vice Mayor Dawkins: Oh no. We aren't arguing, we aren't arguing at all, Mr..
Tate.
Mr. Tate: It would just seem to me that the monies that we are getting for
- the renovation work really have nothing to do with the aesthetic qualities of —_
these buildings. These buildings are all. located in the City, they will have
a major improvement into the local areas in which they are located, many of
them are in the Overtown area and there has been a list supplied to your —
people, advising specifically where these monies are going to be spent. They
are primarily for landscaping, repainting, some repaving, all exterior work.
Commissioner Plummer: Why isn't the County who has 100 percent authority over
HUD doing what they should be doing when they receive thirty percent of their
budget from the City of Miami? You know, where the physical location of these
properties are, is one thing. This City has no control whatsoever over HUD,
none, not one percent. Why isn't Dade County shouldering the responsibility
they graciously accepted when the City of Miami closed our HUD and turned it
over to them? - with the assurances that they would take care of the problem.
Why now, are they not taking care of the problem and coming back and asking us
to shoulder the responsibility?
Vice Mayor Dawkins: Not only that, Commissioner Plummer. I would like for
our constituents out there to understand that, and I'm going to read from you
to you what has happened. OK? "Public Housing projects are owned and
operated by local public housing which is called HUD. The Federal Government
subsidizes the capital and operational cost in three programs. Original
construction, the government provided the money to construct them. Operating
subsidies. The Federal Government pays the difference between rental income
and actual cost. Rental income is percentage of the tenant's income set by
the Federal regulation. Thus, all projects should receive operating funds,
equal." They've gotten money all through the year that you have lived on
these projects, Dade County got it. The City of Miami did not get it, and you
have not received the upkeep on your buildings. All right. "Operation
subsidies are funded to HUD automatically and by formula. There is no
discretion on the part of Ph.D., I mean, Public Housing Agency, whether HUD
has to apply or not." They give them this money automatically.
"Modernization. Comprehensive Improvement Assistance programs, HUD must apply
for this program. Projects are funded at the discretion of HUD. Funds are
used for Capital Projects as defined by the tax law. Dade County Little HUD
has applied for CIAP (Capital Improvement Funds) every year for many years.
There is no pattern of failure to modernize units located within the City of
Miami." For example, and listen closely, Scot Homes has a grant this year,
for what they are asking us to do. Scot Homes has a grant. All right.
Liberty Square got a grant last year to do what they are asking the City of
Miami to do.
Mr. Tate: Not true.
Vice Mayor Dawkins: Public - it says here - you got...
Mr. Tate: It's not true. Well, I'll correct you. The monies that we got
from the HUD were for renovations, not for exterior work.
Vice Mayor Dawkins: Who allowed the units to deteriorate to the state that
they are, Mr. Tate - who?
Mr. Tate: Mr. Dawkins, to find fault with what happened yesterday - let me
just... .
Vice Mayor Dawkins: I don't have the... no, no. See, you got these people
out her - and these are my constituents -• that you have led down here to make
them feel that I am responsible for what you did not do...
Mr. Tate: Don't say, I did not.
63 May 24, 1990
Vice Mayor Dawkins: ... and when time comes to vote, you're going to have
them say that I did not do what I was supposed to do when it was HUD that
didn't do what they supposed to do, sir. You can't do that to me, you can't
do that to me. (APPLAUSE) Do not take these people and bring them down here
in order to pressure me into accepting HUD's responsibility. HUD got the
money and you people - not you - the people over there did everything but
modernize all of these housing projects. Why? Because they first built them
in the black community, they let them deteriorate in the black community, and
now they want the black people to come out here and raise hell to get it
fixed.
Mr. Tate: Mr. Dawkins, the history of HUD, the history of these housing
projects to a great extent, when the City of Miami had the HUD jobs, they
turned them over to Dade County. It wasn't something that Dade County wanted
to have. The City of Miami - that's absolutely true and if look in the
records, you will see that.
Commissioner Plummer: Sir, but...
Mr. Tate: But, be that...
Commissioner Plummer: Sir, wait. Let me correct you. OK? When you make
that statement make the rest of the statement. Because the rest of the
statement is very important. They agreed to take HUD, they also agreed to
take Seaport, which makes millions of dollars given by the City of Miami.
They agreed to take the Airport which makes millions of dollars. They agreed
to take a Water and Sewer department worth four hundred million dollars. All
of this stuff was given to the County. So don't isolate and say that the
County didn't want because as part of the package they took it all, and they
came out a hell of a lot better. I think the bottom line is clear. The grand
jury said shame on you for not doing what you are supposed to be doing. Not
the City of Miami, Dade County, it's your responsibility.
Mr. Tate: Commissioner Plummer, let me just follow up. Everything you are
saying is true but the fact of the matter is, the money we are requesting has
nothing to do with the requirements under the court order.
Vice Mayor Dawkins: They're not doing it.
Commissioner Plummer: But why isn't the County doing it? They are
responsible.
Mr. Tate: Because the County doesn't have the money.
Commissioner Plummer.: Neither do we.
Mr. Tate: Now, wait a minute. Commissioner Plummer, you've gotten about
eleven million dollars from CDBG funds.
Commissioner Plummer: That's correct, sir.
Mr. Tate: Part of the basis under those monies, was the utilization of the
facts and figures concerning these twenty thousand low and moderate income
people. Otherwise, you wouldn't have gotten those monies.
Commissioner Plummer: And we are addressing the problem.
Vice Mayor Dawkins: Hold on one minute. Mr. Bailey, will you explain how
Dade County gets this money by using the residents of HUD projects and how we
get it. Will you explain that to Mr. Tate since we, seem to have a
disagreement?
Mr. Herb Bailey: The CD allocations that we get - well, the qualifying
statistics on low income people is also County -wide as well Citywide, so it's
not only the City of Miami benefiting because we have low income people in the
City, but you also have that same count with the County.
Mr. Tate: You want to answer Commissioner Dawkins' question to you? You are
not answering it.. Don't you use these people to get this money?
(APPLAUSE)
64 May 24, 1990
Vice Mayor Dawkins: Go ahead. Let him answer you now? Go ahead Herb.
Mr. Bailey: I think what has been said before is that, we do have these units -_
placed in the City of Miami by Little HUD, and we do have them as part of our
inventory.
Unidentified Speaker: That's right.
Mr. Bailey: We are not certain at all if that was our choice, that was the
County's choice. And however...
Unidentified Speaker: You don't have nothing to do with it?
Mr. Bailey: Wait a minute...
Commissioner Plummer: Took it off our tax roils.
Mr. Bailey: There are many other services that go along with the people who
are residing in these homes for which we do get CDBG money and we do provide
those funds for those communities to be used for those people, not for the
modernization and improvement of the houses. So we do use the money in the
neighborhood, for the people who live in that neighborhood. But the
responsibility for the physical structure - wait a minute- everyone of these
neighborhoods, we have allocated Community Development Block Grant money for a
variety of other services that you get support from.
Mayor Suarez: Herb, why don't you illustrate - wait, we get a...
Vice Mayor Dawkins: Police and Fire, who pay for Police and Fire, Mr. Bailey,
out there? - The City of Miami, so that's what we use that money for.
Mr. Bailey: The street improvement, the sidewalks, the services, the variety
of other services that you get, Dade County does not provide that for you.
They provide you with the house they are supposed to maintain, we provide you
with the services. Those fund that we get as a result of you being part of
our statistics are allocated to the community in many other ways.
Mayor Suarez: All right. With the eleven million dollars roughly in CDBG
monies, and by the way, how much does the County get every year, Stan? CDBG
allocation.
Mr. Tate: Twelve million dollars.
Mayor Suarez: What kinds of things do we do with ours? Just to get down on
the record Herb. The very important programs for our community, they don't
= directly impinge on or impact public housing, you're right about that.
Mr. Frank Castaneda: We fund a number of elderly programs, we fund food
programs, we fund economic development program and housing programs for the
private sector.
Mayor Suarez: We rehabilitate, how many programs a year?
Mr. Tate: The private sector, housing for private sector only.
Mr. Castaneda: That is correct.
Mayor Suarez: Yes. They are not public Dousing?
Mr. Castaneda: Not public housing.
Mayor Suarez: Although, by virtue of the fact that we help, then they almost
become public, I mean they get a large public subsidy.
Mr. Tate: Mr. Mayor, I don't want to get into a dialogue or a contra... -
this isn't a controversial item, I really want you to know, and I am not here
to create a controversy. It just would seem to me that there are some monies
that the City of Miami would have available for this specific purpose. Now,
if you can't give me the three million which represents approximately thirty
percent of the total, give Lis some. I could tell you, as a lay citizen, and I
believe a fairly respectable member of this community, I've lived all my life
in Miami, I'm trying to upgrade the living conditions of the people who live
in these particular housing units. They're deserving of it, we've done a
major job with HUD. The HUD board is made up of citizens, such as Marty Fine,
Martin Cohen, these are all people who have donated their services. We've -_
hired a new Executive Director as you know, I've gone to Washington several =_
times to get money, we don't specifically say that the units that are located _=
in Richmond Heights are going to get the money and not the units in the City
of Miami, they are allocated on the basis of where is the greatest need, and
what are the units that need the greatest amount of renovation work. We've
spent close to forty million dollars, we're going to be spending another sixty
million dollars... -
Vice Mayor Dawkins: Let me ask you one question, Mr. Tate, and I won't cut
you off anymore. You said that the money - if the City had three million
dollars, and if the City gave you three million dollars, it would be spent in
the City of Miami - is that correct?
Mr. Tate: That's right. I furnished...
Vice Mayor Dawkins: Well, what are you going to do with the money that's
already allocated for the City of Miami, where would you spend that?
Mr. Tate: That's going to be for interior renovation work. It has nothing to
do with what I'm asking for.
Vice Mayor Dawkins: It has all to do.
Mr. Tate: No, I can't spend that money.
Vice Mayor Dawkins: That if we give you more money, then you would do less
money in the City of Miami, because you got a subsidy from us.
Mr. Tate: No, no. Commissioner Dawkins, please hear me carefully.
Vice Mayor Dawkins: OK. Yes, sir.
Mr. Tate: The money I get from Washington and from Dade County, is
specifically allocated and designated for renovation work on the interior of
these units to make them more livable - to make them livable at. all. First,
asbestos abatement, for items such as that. This has nothing to do - we've
prepared a list specifically where these monies are going to go. These people
are deserving of outside paint, I can't get the money from IUD for that. Some
landscaping, I can't get the money for that, some sidewalks, I can't get the
money for that, for some repaving of the parking areas, I can't get the money
for that. What I'm getting the money for from Washington and from Dade County
is specifically for replacement of appliances, for repainting the interiors,
for redoing the heating systems, for all kinds of - electrical work, asbestos
abatement, those kinds of things, so these monies really have nothing to do
with the other.
Mayor Suarez: Stanley, let me say, you're working awfully hard in Washington,
but I think we're going to work a little harder. Let me tell you, Vice Mayor
Dawkins and the rest of this Commission and I have hosted the Secretary of
Housing and Urban Development. I believe the budget, the last time I looked
at it, was twenty-three billion dollars. I know that Mr. Phillips, ,your
Executive Director, Director of Little HUD in Dade County, has asked for
another million dollars for face-lift, the kinds of things you're talking
about and security. And I want to read to you one paragraph from a letter I
just sent on behalf of the City to the Secretary of Housing and Urban
Development, who has been in Miami, quite cordial, but frankly from my
perspective - I don't know if Vice Mayor Dawkins shares my views or the rest
of the Commission, I have yet to see the beef on these promises that he has
made.
Vice Mayor Dawkins: Let me say it a little better, Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor. Dawkins: Mr. Kemp, the quarter back, is at the line calling
audibles. lie has called audibles ever since lie has been there, we have lost
fifteen yards and he is still calling audibles, it's time for him to call the
play.
66 flay 24, 1990
Mr. Tate: I'm not here to defend Jack Kemp.
Mayor Suarez: I may have to change this letter to adjust to that metaphor but
the letter reads in part and it's dated May 21, 1990:
"Dade County's HUD Director, Earl Phillips has taken a most
aggressive approach to his job seeking both County and City of
Miami CDBG monies to improve security in the various public
housing complexes. In addition, he is requesting at least one
million dollars from your department to carry out his plan. I
strongly recommend that you grant that request. Mr. Secretary"
This is directed to Kemp.
"You have come to Miami no less than three times. In each
case you have pledged special support for our programs. Mind
flow the fact., that City government here is using meager
resources to build new affordable housing and improve the
existing housing stock. Your staff at all levels has been
most helpful, etc. But you have promised more innovative
initiatives, such as, operation boost strap, in grants to
tenant organizations for self help programs"
And there was a magnificent feature in the Miami Herald, two weeks ago which
I am enclosing with this letter.
"That kind of support is what we need now and only your
personal attention to Dade County's problems can bring it
about. Mr. Secretary, we cannot afford another round of civil
unrest, fueled at least in part by awful housing conditions."
Etcetera. The fact of the matter is, we have gotten a lot of promise from
Federal HUD. We haven't seen, and I'm glad the Vice Mayor agrees with me -
I've not seen anything but audibles, I've not seen any running across the
field and gaining any yards, and I am very upset and I guess I can probably
express it more emphatically than this, but I want you to know that this is a
fairly strongly worded letter because we need Federal HUD money to improve
those projects and you have my pledge to go out there, this entire Commission
to go out Washington. I wish we could pay for all of you to go up there and
sit at his door until we see some of that money he has been promising.
Commissioner Alonso: I agree...
Mr. Tate: All I can tell you, Mr. Mayor, that's fine, but that money is not
going to be coming and you know it and I know it. The HUD budget was cut 27
percent under their new proposal. Jack Kemp, I'm not going to defend him or
—
frankly this has... I don't want to get off the track on Jack Kemp because I
have no relationship with federal HUD other than the fact that I'm involved in
—
politics in Washington. But only to the extent to try to get money. The
=
monies we got from HUD came about when Sam Pearce was still there, had nothing
to do with Jack Kemp.
Mayor Suarez: And who's proposing a 27 percent cut?
Mr. Tate: The cut in the federal HUD budget for this year total, in all of
their programs, which includes their mortgage financing programs, is 27
percent than it was the year before last.
,F
Mayor Suarez: And the Secretary is agreeing to that proposal? He's going to
the Congress and asking for 27 percent less money than the prior year?
-,
Mr. Tate: Well, a large portion of those monies having to do, as you
understand, is subsidized mortgage finance programs in HUD. A large part of
that has... the NAHP obviously is lobbying very hard for that. But be that as
it may, that's another issue and that's an issue that the County and the City
{
both have to attack and I welcome the assistance of - certainly Commissioner
Dawkins knows me for a long time and I'm more than willing, at my own expense,
—
to go to Washington with you and any member of the Commission in an attempt to
get money.
Mayor Suarez: We may need to bring a delegation of Dade County HUD residents.
Mr. Tate: I could tell you, I brought up at my own expense about 20 of them
si
when Sam Pearce was Director of HUD and we were able to get some money. But
times have slightly changed. Be that as it may, what I'm looking for is some
commitment from this Commission to help out those units located in your City
for aesthetic effects for those residents that are citizens of the City of
_
—„
Miami and citizens of Dade County. You know, Mr. Mayor, I was a mayor of a
67 May 24, 1990
m nicipality, as voa
know
for many, many years, 20 years. 7.
ne,.er. really
-_ considered myself as
anything
but a citizen of. Dade County, even
though we had
our own municipality
and I
was charged with the responsibility
of protecting e
that manic; ality We did
not have low cost housing in our City.
But you do.
P
And it represents 60 percent of the total low cost housing in Dade County. A
token from this City would be some amount of money for at least repainting and
landscaping that these units... these people deserve to live in decent
housing. I'm doing all I can to get the money... (APPLAUSE) ...from the
government to do the interior work. I know I can't get any money for
landscaping. I know I can't get money for exterior paint. I know I can't get
money for sidewalks. I just can't get it. I'll get all I can and I'm going
to and will continue and we will get it for the interior work. Give me some
money. A commitment from the City of Miami. You know, you can't give me the
three million, make it a million and a half. Some money.
Mayor Suarez: Can I ask you...
Commissioner Alonso: Well, let me...
Mayor Suarez: Commissioner Alonso wants to make a statement...
Commissioner Alonso: Yes...
Mayor Suarez: ...and then I'm going to ask you a question on something else
that I need support from HUD.
Mr. Tate: Sure.
Commissioner Alonso: I want to address the problem. I realize that even
though it's not our responsibility, these people, they live in the City of
Miami, and I'm very concerned with the problems of what's happening in public
housing. Because of that concern, and the visits that I've been doing through
the years and in recent times, I'm aware of the problems that they face day by
day. When the Governor of the State of Florida came to see me, I asked him
for an amount of half a million, $500,000, for security in public housing. I
think that we are going to have a considerable amount, if not all of it. If
this money comes to you through the City of Miami and because of my actions of
requesting this money for public housing, you might have some money that you
can free from other funds to do this. The money, as I request, is for
security in public housing, meaning fences that have to go up, locks at the
entrance, things that you have to do to the windows to secure the buildings.
I mean, many things that you can do to the actual buildings, you will be able
to take money away from other allocations and use it in certain way. It is
also my belief that you will be able to get matching funds from the federal
governments to help us. The State will give this amount, the federal
government might match funds, and it can be of great help and requesting it
for the HUD programs, the public housing buildings in the City of Miami. I've
been working very actively in Tallahassee, I went last week, I've been in
touch practically every day and I'm feeling very confident that we are going
to receive this money for public housing. If so, it is something that is
coming from our effort to help because we are aware of the necessity, because
we care of what happened in public housing. I've been one person that through
the years I have addressed the problems of public housing. I have been very
critical of Dade County because they did not face reality long ago and had
allowed public housing to deteriorate to the point that it is today, costing
us taxpayers millions of dollars. And I'm very upset because of that with
them. Also, very aware that these people live in those conditions and that we
have to help. So, my heart goes to them and that's why I'm trying to do all
in my power. As you see, the City of Miami is going through very difficult
times. We hardly can meet the needs of paying the salaries of our employees.
We're having a hard times so if we are instrumental in getting funds to you
that you were not going to receive anyway because the State was not going to
give you this allocation at all, I think that it's something that is coming
because of our efforts.
Mr. Tate: Commissioner Alonso, I'm sure you know I'm cochairman of the
Governor's reelection campaign. I'm very involved in Tallahassee. We will
not get that money for this specific purpose and that's really the key. Let
me just...
Commissioner Plummer: You'll not get your Governor either.
68 May 24, 1990
Commissioner Alonr:o: Do you think the Governor is not. going to address, from
his budget, when he has within his budget? -his reelection campaign, you're
doing a great ,job for him anyway.
Mr. Tate: If I was the Governor, you'd have it in a minute.
Commissioner Alonso: But, let me. tell you, sir, do you think he's saying
that, yes, he can see some ways that he can give some allocation to this? -to
a necessity of people of the City of Miami? I cannot see the...
Mr. Tate: Well, no, no ... Let's talk about the process, the pro...
Commissioner Alonso: And you are saying he's going to ignore this?
Mr. Tate: The process is not the Governor's...
Commissioner Alonso: Is that what you're telling me? Answer my question,
please.
Mr. Tate: Well, let me finish.
Commissioner Alonso: Are you saying he's going to ignore this request?
Mr. Tate: No. The process..
Commissioner Alonso: Or are you coming here only to ask the City of Miami to
meet the responsibility that is not ours and ignoring the responsibilities for
everyone else?
Mr. Tate: Can I answer?
Commissioner Alonso: Yes. I'd be delighted if you do.
Mr. Tate: The process is the legislator's process made up of...
Commissioner Alonso: It's within the budget of the Governor.
Mr. Tate: It's already in the budget of the Governor but has not passed out
of the Senate and the House. It went into joint committee, it never got out.
Now, it was in the Governor's original budget. Unless the House and the
Senate approves it as a budget item, there is no way those monies are going to
be allocated.
Commissioner Alonso: Well then, you should be asking these people to write to
their legislators and senators daily, calling them, letting them know that,
yes, approve these funds!
Mr. Tate: I agree. Separate issue, those monies are not going to go for what
this specific purpose is. And I don't want to get emotional about it. All
I'm trying to tell you is, as far as police protection is concerned, we've
requested from the County two million dollars. A large percentage of those
monies go into thu, 1,-)using located in the City of Miami.
Commissioner Alonso: Sir, what are you doing? We would like to have detailed
information of what you're actually doing to these buildings because I've been
called for many of these buildings where they have serious situations and
unless we had asked precisely, they need this, this and that, no allocation
was in place to resolve any of these problems.
Mr. Tate: Last year, the Dade County allocated $600,000 for security purposes
without any regard to whether the housing was located in the City of Miami or
in the County. And that's true. This year, we've requested, because the
security problem is so severe, we've requested a two million dollar budget for
security. Again, without regard to whether the call for the security is made
from a building located in the City of Miami or...
Mayor Suarez: Has it been allocated, Stanley?
Mr. Tate: It will be in this current... Mr. Avino has told us it's going to
be in the budget.
Commissioner Alonso: So, you mean you have two million, for security...
69 May 24, 1990
Mr. Tate: Yes, ma'am.
Commissioner Alonso: ...in public housing?
Mr. Tate: Yes, ma'am.
Mayor Suarez: Yes, hopefully, we will get some people...
Commissioner Alonso: Well, hopefully, we will get results.
Mayor Suarez: ...providing security who look a little bit more alive than
some of the ones I've seen in some of those centers.
Commissioner Alonso: Yes.
Mr. Tate: Well, I don't have to tell you, the problem is primarily drugs,
it's rampant, it's certainly not unique to the City of Miami, but we have our
fair share.
Mayor Suarez: By the way, the County has a $2 billion dollar budget. The
State has a $26 billion dollar budget. Did you want to inquire? -because I
have a quick question of you. On a very minor item, but it would help a lot.
I have been trying to get Dade County HUD - and maybe the next time we see
each other, you'll have for me a letter that will approve this - to just
simply give us permission to go into Rainbow Village - you know those pieces
of pipe that are sticking up in the air that used to be benches - to go ahead
and go in there with voluntary help and donated wood and carpenters and so on,
and make them...
Mr. Tate: It's been approved already, Mr. Mayon.
Mayor Suarez: Thank you.
Mr. Tate: You've got it.
Mayor Suarez: It's been about two years in that battle. Small item, but it
adds a lot to the lives of the people.
Mr. Tate: You know... as the Mayor knows and this Commissioner knows, I'm
also on the Public Health Trust. This is a hospital that's funded by Dade
County. I could tell you that a large number of the City of Miami people use
it.
Mayor Suarez: Fifty percent of all of Jackson Memorial patients are estimated
to be City of Miami residents.
Mr. Tate: Right, and, you know, we get $106 million dollars from the County
for funding it, far less than what we need and we've got our own problems and
I don't want to divert it, but I also don't get paid as a member of the public
health trust. I'm looking for the City of Miami to allocate - if $3 million
is too much, give me some money. I want to use it specifically for those
purposes. You could monitor it. These people will appreciate it. It hasn't
got anything to do with the inside of their units. It will make those areas
look better in the City of Miami. It will improve the general geographical
area of those units and it's not that momentous. I'm not really trying to
build it up more than it is. It.'s support and an allocation for some help
that we need. I don't: have these other doors.
Commissioner De Yurre: Stanley, you know what we could try doing? -because my
wife is a registered nurse and for the last nine years she's run the health
maintenance program at Jack Orr, which is in Overtown, 550 N.W. 5th Street.
Mr. Tate: I know. 1 know who she is.
Commissioner De
Yurre: OK? And, in fact, I have a f ilm that
we're editing
right now, the
horrendous conditions that exist, not only at
Jack Orr,
but
throughout the
rest of the City of Miami with these buildings.
I think
that
Dade County has
done a horrendous job. They have not done the
job that
they
were supposed to be doing and I would suggest at this point
in time,
that
though we have
a lot of burden ourselves of many things that we have to
deal
with, but I think
that in order to protect these fine people, maybe
it's
time
70 May 24, 1990
4K 1.
that the City of Miami take over these buildings. Give us the money and we'll
take care of those buildings. You know, I hate for the County, you know,
first_ it's the homeless. We give them all the money we have for the homeless,
they don't do the job. Whatever the County's involved in that we have
something to say in the City of Miami., we can't do the job because they're
controlling it. Now, when they can't handle it, then it falls back in our lap
and all we can do is give money but we can't control it. You know, it gets to
the point they say, hey, if you guys can't do the job, let us do our job and
if not, you know that's what we've got to go.
Mr. Tate: You know you're making more... let me just tell you that the Dade
County HUD did a deplorable job for many, many years. I wasn't involved in
HUD for many, many years. I've been involved in it the last two years. There
has been a 180 degree turnaround in the last 6 months in HUD and that's
primarily because we finally got an executive director and an assistant deputy
director who know what they're doing. And they have put together a team that
is enviable. I could tell. you from what it was as to what it is, you wouldn't
recognize it. You go into the HUD jobs today, go into the HUD office today,
there's an esprit de corps, people are dressed right, the rooms are clean,
it's just an unbelievable change. And we want to continue with this program.
We finally, we, Dade County, HUD, me, Earl Phillips, I don't care, name them,
have got a handle on what has to be done. Whether it came about because the
Dade County did not live up to their obligations, that's yesterday. I can't
help it, I can't do anything about it. I wasn't part of that team. The
County asked me to run HUD as a volunteer, as a member of an oversight
committee. I've been doing it now for a year. I was the one, I flew to Texas
on my own money, I was chairman of the committee to hire the new guy. I spent
three and a half days in Houston, I interviewed 15 different people, including
the Mayor, to bring in a new executive director. We've got a good guy. We've
got a good guy. We've got all the things in place. If you don't give me any
money, it's not going to stop what we've got going, I can assure you. It's
not critical. All I'm saying to you, these are units located in your City.
Let me clean them up, let me dress them up, let me put a belt around a loose
fitting dress so that it will look better, that's all. We'll take care of the
other stuff.
(APPLAUSE)
Commissioner Alonso: Sir, how much money have you allocated for Dade County
for this purpose?
Mr. Tate: Total monies?
Commissioner Alonso: Yes, for this...
Mr. Tate: Seventy million dollars.
Commissioner Alonso: For this purpose?
Mr. Tate: For outside... aesthetic purposes?
Commissioner Alonso: Yes.
Mr. Tate: Zero. We don't have it. We cannot...
Commissioner Alonso: In Dade County.
Mr. Tate: In total Dade County.
Commissioner Alonso: So you're asking us, for the City of Miami and then the
rest of the County will not get anything?
Mr. Tate: I may be able to...
Commissioner Alonso: Dade County will not give you anything for that.
Mr. Tate: No. I may be able to get those monies through some of the Parks
Department's funds for the County property for the Dade County Parks
Department. But certainly not to the extent of repainting the buildings or
things like that, some landscaping.
71
May 24, 1990
Mr. Herb Bailey: I would just like to... I know we've had a lot of discussion
and give fa non emotional response. First of all, I have a question in terms
of... what you're asking to do has a continuing operation. How will the
County, in years to come, even if it were possible to provide monies for the
outside maintenance and aesthetics, as you call it, how will they do it next
year and the year after that and the year after that? Will you always be
coming back for an additional allocation or are you asking us to commit to
something on a continuing program basis? Because what you fixed at this year
will be needing fixing again next year.
Mr. Tate: Well, hopefully, the shrubbery and the repainting, we're talking
about a much longer life. The shrubbery will not die. The repainting, yes,
probably five years. Hopefully, by that time, all of the renovation work will
be completed and there will be a different atmosphere in Washington that
funding for utilization purposes, other than living conditions, will be
available. If you're asking me to make a commitment to this body that we will.
never come before you again to ask for any money, I can't do that... I can do
it for me, personally, but that's meaningless.
Mr. Bailey: Well, that gets to the other part of the question up to the
answer and we've discussed it for quite a bit and I think...
Mr. Tate: But this is a one time request.
Mr. Bailey: I understand what you're saying, but the activity is not a
onetime activity because the buildings will continue to need some type of
outside maintenance. First of all, we don't have the money and I would just
like to say to the Commission that if, you know, even in considering this, we
would have to go back and dismantle all of the other allocations that have
been made to the CD program for which you're going to ask other communities,
other activities within the community for which is much needed, especially
those that get health and food, to give up part of what they're getting for
this purpose and I don't know whether or not we are prepared to do that.
Mayor Suarez: Yes, we understand that. One last thing, it's important that
you realize that one service, Stanley, and we've told this to Mr. Phillips and
I think he is quite aware of it, that we offered to provide to public housing
in Dade County, that is to say, the pickup of the garbage. You know how that
company, the private company that's out there, you know how good a job they
do, right? The tops are left off the cans and the stuff is coming down and
the water filters in there and there's rats and everything else. We offered
to do that. The City of Miami offered to pick up the garbage. We bid for
that and I think our prices were competitive and we were not. chosen. So, in
our own jurisdiction, in our own City, we can't even, for the public housing
units, pick up the garbage, which means that if we're not doing a good job,
you call any one of us or the Manager and you'll be able to get on our backs.
Mr. Tate: As you know, Mr. Mayor...
Mayor Suarez: As it is, you've got a private company. So, we couldn't
even...
Mr. Tate: That's not a HUD decision, that's a County decision. I'm not going
to...
Commissioner Alonso: Well, ask the County to do...
Mayor Suarez: The County, the last time I checked, is the one that runs HUD,
so...
Mr. Tate: Since I don't get paid from the County or the City...
Mayor Suarez: Well, you might want to...
Mr. Tate: ...I'm not representing the County.
Mayor Suarez: Stanley, you might want to schedule an appearance before the
County. I'll be there with you.
Commissioner Plummer: According to the grand jury, nobody runs HUD.
72 May 24, 1990
Mr. Tate: I'm doing a report to the County and I'm requesting and I really
want you to know, in spite of the fact that the County's got_ the same
difficulties as the municipality of the City of Miami, they recognize the
responsibility, if only by reason of the court order and I am getting the
funding.
Mayor Suarez: All right. Thank you for...
Mr. Tate: We're making more of this than it is and all...
Mayor Suarez: We're about to recess, Stanley.
Mr. Tate: OK.
Mayor Suarez: Ma'am, if you want to make one last statement, then we're going
to recess. Keep it to a minute, please.
Ms. Helen Whack: OK, good morning or good afternoon, my name is Helen Whack,
I live in the Overtown area Rainbow Village. I am president of the overall
tenant advisory council here in Dade County HUD. Our main concern today, I
think, we, as residents here today, we are hearing a different concept from
the elected official here within the City of Miami that you do not have a
responsibility. I am not saying today that you are totally committed to the
City of Miami, but we, as residents of Dade County in the Overtown area, we
feel as if you are the elected officials. You do have a .responsibility to us.
(APPLAUSE)
Ms. Whack: This is the way we feell I know the money, everybody budget it
tight, HUD's budget is tight, the City budget is tight too, but we need you to
consider that we are within the City of Miami. I'm not saying that your total
concept is everything, but we need you to consider that we are a part of the
City of Miami, we are registered voters and we are very concerned about our
City officials that sit here and represent us.
(APPLAUSE)
Mayor Suarez: No, unless the Commission feels otherwise, I will now rule that
we are adjourned for the day. We thank you for your statement. Unless
anybody has any motions to make...
MS. Juanita Horton: Mr. Mayor...
Mayor Suarez: Wait a minute. Unless any Commissioner either wishes to hear
further or unless any Commissioner has a motion to make, we're adjourned until
2:30. Thank you for all your statements.
MS. Horton: Mr. Mayor.
Mayor Suarez: We are adjourned.
Ms. Horton: I would not ask you all to do that. I would ask you all to
respect people. You know...
Mayor Suarez: Ma'am, we have taken this item out of turn. We have heard from
the representatives for, I don't know, 45 minutes, whatever it is. You want a
clarification, sir? -point of order.
Mr. Maurice Wallace: Yes, please, Mr. Mavor...
Ms. Horton: You all kept him up there talking to him.
Mayor Suarez: Please.
Mr. Wallace: My name is Maurice Wallace, I'm the executive director of the
Metro Miami Action Plan. Unfortunately, our item was placed on the agenda
with item 17 and we have people here who need to address the MMAP item,
members of our board, former Commissioner Range and I would implore you...
Mayor Suarez: Oh, I'm sorry, we're not disposing of item 17 as to your
concern. We'll. take that up at 2:30.
73 May 24, 1990
Slow -
Mr. Wallace: OK, we are a part of... _
Mayor Suarez: At 2:30 we'll reconvene and, yes, you may address that. We
have heard your item, ma'am, at length. I don't know if there's anything else
you can add. You've had a most eloquent presentation by Mr. Tate. If you
want to make a quick statement. _
Ms. Juanita Horton: My name is Juanita Horton and I'm a member of the old
TACK board. Please, we have come here to bring our plight to you today and we =_
asked you for funds to help maintain public housing and it seems as if it's_
been a joke to you all. We watched you laugh and then we heard you say one...
Vice Mayor Dawkins: I resent that. I resent that.
_ Ms. Horton: I don't. care what you resent. It doesn't matter. I really
doesn't matter what you resent. —
Mayor Suarez: OK, finish your statement.
Vice Mayor Dawkins: Finish your statement.
Ms. Horton: And, after all, regardless of whether we live in low income
housing or where we live, we are citizens. OK? And we're human beings and we are first class citizens. I even heard up here today that you all would
decide who was first class citizens and second class citizens. You be careful
what you say out of your mouth because voting time, we can take care it all.
Mayor Suarez: All right, ma'am, thank you for your statement. f-
Ms. Horton: And we intend to take care of you. _=
Mayor Suarez: All right, we're adjourned until 2:30. Thank you, Stanley.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:05 P.M. AND RECONVENED AT 2:35 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER DE YURRE.
------------------------------------------------------------------------------
16.1 (A)
(Continued Discussion) PROPOSED SECOND READING ORDINANCE
ESTABLISHING NEW SPECIAL REVENUE FUND: COMMUNITY DEVELOPMENT
BLOCK GRANT (SIXTEENTH YEAR) - DIRECT ADMINISTRATION TO
CONTINUE ITS PRESENT POLICY TO LEND TWO STAFF INDIVIDUALS TO
CONTINUE TO ASSIST THE M.A.A.P. PROGRAM.
(B)
APPROVE REQUEST FOR GRANT FOR $250,000 TO MIAMI CAPITAL FOR
ADMINISTRATIVE SUPPORT.
(C)
EARMARK ALL VOLUNTARILY PROFFERED CONTRIBUTIONS TO THE CITY
FROM PLANNING AND ZONING ITEMS FOR A SPECIAL FUND TO ASSIST IN
FUNDING REQUESTS BY DADE COUNTY HUD.
(D)
SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND:
COMMUNITY DEVELOPMENT BLOCK GRANT (SIXTEENTH YEAR) -
APPROPRIATE $11,081,000 FOR ITS EXECUTION - APPROPRIATE
$1,200,000 FRO14 SIXTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM INCOME (See labels 16.A-B).
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: Just for the record, as 1 indicated you earlier by
memo, I will have to leave these chambers this evening, Mr. Mayor, a few
minutes before 8:00 p.m. I'm sorry for having to do that, but I have a
brother in Tallahassee and there's only one funeral director at the funeral
home. And my clients don't wait. So, I will be departing - no hurry, right?
Mayor Suarez: We really should complete.
Conmissioner Plununer: I'll be leaving...
Mayor Suarez: ...any items relate...
74 May 24, 1990
Commissioner Plummer: I'1.1 be leaving a little before 8:oo o'clock, Mr.
Mayor.
Mayor Suarez: Any items related to what we'd otherwise be ready to allocate -
the CDBG funds and I guess we get to hear... yes. Is it MMAP? _
Commissioner Plummer: Yes.
Unidentified Speaker: It's the Metro Miami Action, Mr. Mayor.
Mayor Suarez: Not Miami Capital too? Please.
Mr. Wallace: My name is Maurice Wallace as I indicated earlier. I'm the
executive director of the Metro Miami Action Plan. Our address is 19 W.
Flagler Street, suite M-106. Mr. Mayor and Vice Mayor, members of the
Commission, I'm here in furtherance of a letter that was forwarded to you all
by our board chair person, Dr. Marzell Smith, in regards to the continued
support of the City of Miami and inclusive in that letter was a summary of the
accomplishments of the program which we were urged to compile and submit to
you all so that we could make you all aware of exactly what it was that we
were doing. If I may, I would like to take a moment...
Mayor Suarez: Our contribution has been in the form of two loan executives or
employees, is it Commission...
Mr. Wallace: In the form of personnel of loan executives, yes, sir.
Mayor Suarez: And, Mr. Manager, is that - what would we do if we didn't this
year follow that same....
Mr. Odio: That's not the way it was done. We gave them a grant of $100,000.
Then they reimbursed the City for the two staff persons that they have. But
they actually get monies from CDBG and then refund uG.
Mayor Suarez: Supposing, as a hypothetical, we didn't fund them, they weren't
able to maintain these two people on staff. What happens to those two people?
Mr. Odio: They would have to roll back.
Mayor Suarez: They revert back to City employment and cost us roughly
$100,000, don't they?
Mr. Odio: Well, they are in Community Development and they would have to roll
somebody out.
Mayor Suarez: Or we'd have to figure out a way to lay off.
Mr. Odio: That's right.
Mr. Wallace: Mr. Mayor, if I can, I need to point out a point of
clarification because I think that there is a obviously some information that
is unclear. I'm not aware of a grant being provided to our program in which
we were making any reimbursements to the City. The staff persons who were on
loan to the Metro Miami Action Plan were employees of the Department. of
Community Development.
Mayor Suarez: I guess there may be a structure of a pass through but it's a
net, no gain to you, and, basically, you're having, in effect, loaned
executives or loaned employees, which... I don't know that we ought to quibble
with that.
Mr. Wallace: 'Those staff persons, as I understand it, are being funded, in
part, by monies received from the federal government through CDBG monies, OK,
and I explained to the Manager in terms of preparing necessary reports for
them, that that seemed to have been something that was in somewhat of a
conflict and as such, in Light of some continued conversations that we had, in
conversations that I had, with Mr. Castaneda, I thought that we had pretty
well cleared that 11iaLter up, OK. And that we left that conversation with them
assuming that - thinking and believing, OK _. that, the matter was clear and
that we had the City's support. But I was not aware and I'm not aware, even
at this time, even under a pass through situation, where anything is coming to
75 May 24, 1990
1
4
us that. is being reimbursed for the City. It's just a fact that two
executives, by way of whether it's funding - their salaries are being funded
from are assigned to the Community Development Corporation.
Mayor Suarez: They don't appear in your budget as...
Mr. Wallace: They do not appear in our budget at all other than as a foot
note that they are loaned executives from the City of Miami.
Mayor Suarez: Somebody better square off the accounting, assuming we do the.
same thing. Want to address this point? Please...
Commissioner Plummer: Well, can I ask - cut through all of this, if possible,
Mr. Manager.
Mr. Odio: Well, they are here because they were not funded under CDBG...
Commissioner Plummer: Yes, but suppose that there was a deal cut. That
sounds bad but I don't know how else to put it. There was a negotiated
settlement in which, supposedly, they were told by Mr. Castaneda that it was
coming out of CDBG funds and was going to be put into the general fund and
they went along those lines. Now, you know, in my estimation, a man is no
better than his word. If he has to break his word, at least lie has an
obligation to go back and explain why. Now, that gave them the unpretentious
position of not being able to go in and fight. I mean, which every body had
the right to do before this Commission to go in and fight for funds. So tell
me...
Mr. Wallace: Mr. Commissioner ...
Commissioner Plummer: No, let me hear from the Department of "botellas" here.
Mr. Frank Castaneda: Commissioner, the situation is this. We have argued in
front of HUD that this was an...
Commissioner Plummer: OK, that they're not a proper funding under that title
fund and we understand that. Did you make them some kind of a deal?
Mr. Castaneda: Commissioners, what I discussed with the Manager was to take
some money to fund some activities eligible with the general fund and to use
that freed up general fund to do that type of activity and that...
Commissioner Plummer: All right, so where did the fly get in the ointment?
—
Mr. Castaneda: Well, the fly got into the ointment in that the Commission
=_
requested that that posture be taken in relation to the public service in
order not to cut the public services program. And that's...
-
Commissioner Plummer: But we weren't told that when we did it.
Mr. Castaneda: No, that is correct. But that created a...
Commissioner Plummer: Nor were they told they were not going to get funded
_
where they could go and fight.
Mr. Castaneda: No. That's why...
Commissioner Plummer: So you're leaving them out in the cold.
_—
Mr. Castaneda; No, no...
—t
Mr. Odic): That is correct.. That's where the misunderstanding came in, but
�4
the fact is that we went the basis of recommendations of fund that was based
on your policies that feeling, you know...
76 May 24, 1990
a 1*4
NOTE FOR THE. RECORD: Commissioner De Yurre joined the
meeting at 2:37 p.m.
Commissioner Plummer: Well, Mr. Manager, that's important, there's no
question about that. And I think that in this particular case - and I'm
speaking for one member of this Commission - maybe others feel the same way or
they don't. This is not a situation which they're asking for something we
don't have and that's hard dollars. We have two employees that have been here
that work well there and as far as I'm concerned, I think we ought to continue
it to bring and assimilate those two employees back into the City of Miami at
this point is a different ball game and I'm in favor of keeping your word to
these people, at least for this coming year. Now, I'm not going to gay that
after this year. I want you to know that.
Mr. Odio: I think we should be notifying everyone that there will be no
funding for next year for anyone if we mean what we're saying.
Commissioner Plummer: Well, Mr. Manager, we're going to find ways to take
care of the hungry and the sick and those monies are designated for that.
Mr. Odio: That's covered in CDBG.
Commissioner Plummer: That's correct, sir.
Mr. Odio: But I also want to remind you and... forget that Community
Development is .requiring today $900,000 from the general fund to balance their
budget and I have instructed him that for next year he gets zero dollars from
general fund so...
Commissioner Plummer: Well, even that's too much. I'll make a motion at this
time, if no one else has questions, that the City continue its policy and live
up to the word that the administration gave and remain those two employees on
loan to MMAP as they have in the past. I so move.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded. In the spirit of the motion that this
is supposed to be something very possibly for a year, I would hope, Mr.
Manager, that next year we won't be confronted with the same impasse here,
whether these employees otherwise go back to the general fund and instead, we
figure out a way, if we think that they should not be allocated to this and
should be City employees, to have them do some other function for us.
Mr. Odio: My plan is to really.., the fact is, we're going to reduce the
number of employees in Community Development for next year.
Mayor Suarez: That's what I gather.
Commissioner Plummer: Well, and I want to put MMAP on record, you hear what
j we're going through so don't think that next :ear you're going to be
automatic. You'd better start doing some different thinking because this
Commission is having to do different thinking. So, we give you a reprieve for
this one year, if this motion passes.
k
Mayor Suarez: Call the roll please.
The following ,motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-375
A MOTION INSTRUCTING THE CITY MANAGER TO CONTINUE, FOR
ONE MORE YEAR, THE PRESENTLY INSTITUTED CITY POLICY TO
=` ASSIGN TWO CITY OF MIAMI EMPLOYEES TO METRO-MIAMI
�i
ACTION PLAN (MMAP) IN ORDER TO ASSIST WITH THE CONDUCT
OF THEIR PROGRAM.
77 May 24, 1990
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr. -
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None. r
ABSENT: None.
UNIDENTIFIED SPEAKER: We do want to thank you.
Mr. Wallace: Thank you very much.
Mayor Suarez: Miami Capital Development Corporation.
Mr. Tony Crapp: Thank you. Mr. Mayor and members of the City Commission, I'm
Tony Crapp, executive director of Miami Capital Development, Incorporated.
We're located in the DuPont Plaza Center at 300 Biscayne Boulevard Way, suite
614. My purpose in appearing before you this afternoon is to address the
allocation that's contained within the 16th year, CDBG allocation plan for
Miami Capital Development. We are currently in the plan for a total of
$940,000 for two projects. One of which is administrative support, the other
is for capitalization of the City of Miami revolving loan fund. Our request
for your consideration at this time is that the allocation of that money be
changed to reflect full funding of our support request for administration of
$250,000 and $690,000 being allocated to the capitalization of the revolving
loan fund. So we're just requesting... we're happy with the amount of money
we received, we're just requesting that it be reallocated between those two
projects.
Vice Mayor Dawkins: Why, Mr. Crapp, do we want... do you need to put more
money into administration, sir?
Mr. Crapp: All right. We have requested $250,000 for administrative support.
We have developed our budget for next year based upon assuming those fundings
being available. The need for that arises from the fact, number one, that we
are suffering a restriction in our ability to use interest from the EDA
revolving loan fund, to a 60 percent limit, from roughly seventy-seven and a
half percent of that money, for this year. That is going to impact the agency
negatively in the amount of $40,000. In addition, we have suffered an
increase in operating cost which we have not been able to compensate for
inasmuch as we've been funded by the City at the same amount previously for
the past two years.
Mayor Suarez: Tony, wasn't that percentage of the EDA requirementfor
administration agreed upon to be a higher percentage by a compromise that was
reached about a year ago? Or is that now...
Mr. Crapp: That has now run its course.
Mayor Suarez: It's run its course.
Mr. Crapp: We have submitted a request to have that reconsidered, but as it
stands right now, we're looking at a 60 percent reduction effective July 1st.
Mayor Suarez: What's the shortfall between seventy-seven and sixty in terms
of the total interest obtained that would be otherwise available for
administrative?
Mr. Crapp: Roughly $40,000.
Mayor Suarez: And your shortfall is how much then?
Mr. Crapp: Our shortfall, between what we are projecting to generate in
program income in our total budget for next year is $250,000. The City funds
the shortfall in our budgetbetween program income and what our total expenses
are.
78 May 24, 1990
Mayor Suarez: What's the City's recommendation, Frank?
Mr. Castaneda: Commissioners, our recommendation has always been to keep_
reducing administrative costs and for them to keep surviving out of the
interest made out on the loans that they have. Last year, we allocated
$190,000 and we recommended that that amount, be maintained at the same level.
They are requesting the same amount of money, however, they are requesting an
increase of $60,000 for administration and a decrease in the loan pool by
$60,000. _
Mr. Crapp: That's correct.
Vice Mayor Dawkins: But see, this is the same program that was in the Herald and we wonder why black businesses fail to be serviced and yet when the
_ director stands here and tell us that he requires more funds with which to _
have more -for the lack of a better word- personnel, to service these needs, we have a hassle with it.
Mayor Suarez: Are we still. talking about an accounting thing here? If he
needs to take from monies available for lending $60,000 and put them over to
administration if we can't get the EDA release on the maximum percentage for
administration? Is that all that he's asking for, in effect? -we just allow
him to reduce a little bit his lending capacity and increase his operating?
Mr. Castaneda: Well, that might be, but he hasn't said that. Are you
planning to increase your loan portfolio under EDA by $60,000?
Mr. Crapp: I'm sorry, I don't follow the question. We're talking about...
Mayor Suarez: I thought you just said on the record that the whole point is
that they would reduce their lending capacity by $60,000 because they needed
it for administration. So they'd be up to a quarter million.
Mr. Castaneda: That's correct, but I understood that your question was
that...
Mayor Suarez: Is that all we're being asked to approve?
Mr. Crapp: That's all.
Mayor Suarez: If they can move it over from the...
Mr. Castaneda: That's correct.
Mayor Suarez: Whatever it takes to administer the program. You have a paper
thin staff. How much staff do you have altogether?
Mr. Crapp: We have a staff right now, including myself, of 13 personnel.
Mayor Suarez: And you have - that includes secretaries, receptionists, loan =_
analysts...
Mr. Crapp: That's everybody, that's the total staff.
Mayor Suarez: ...and you're administering a program of how many millions of
dollars in total loans? Nine million?
Mr. Crapp: Total loans outstanding right now, over $7 million dollars. Over
120 outstanding loans currently.
Vice Mayor Dawkins: I move it.
Mayor Suarez: So moved. It has no impact on the general revenues, Mr.
Manager. -
Mr. Castaneda: This action doesn't.
o;
Mayor Suarez: All right.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any aiscussion? If not, please call the roll.
79 May 24, 1990
_;
_-
0-
The following :notion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-376
A MOTION GRANTING FUNDING REQUEST FROM MIAMI CAPITAL
DEVELOPMENT, INC., TO BE ALLOWED TO SHIFT ALLOCATION
OF ITS CDBG FUNDS IN ORDER TO REFLECT FULL FUNDING FOR
ADMINISTRATION ($250,000) AND TO REFLECT AN ALLOCATION
OF $690,000 TO THE CAPITALIZATION OF THE REVOLVING
LOAN FUND.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Is it understood, Commissioners and Mr. Manager and Frank, that
if he does recover the additional monies from EDA (Economic Development
Administration), that goes then into lending, please.
Mr. Crapp: Yes, sir.
Vice Mayor Dawkins: Loan fund.
Mayor Suarez: All right and don't hesitate to work with us. They are still
ender the Secretary of Commerce, are they not?
Mr. Crapp: Yes, they are,
Mayor Suarez: And we know who that is and we know that his son is running for
Lieutenant Governor in the State of Texas and he's a very good friend of
Stanley Tate's, some other notable people of that particular party and, you
know, we maybe help you a little bit with that as we did last year. All
right, we are through then, other than...
Vice Mayor Dawkins: No.
Commissioner Alonso: Item 40 is related...
Mayor Suarez: Francena Thomas.
Ms. Francena Thomas: Good afternoon, Honorable Commissioners, I would like to
say that we are scheduled to make a presentation this afternoon, a personal
appearance on behalf of our concern, but we were advised by staff to come to
the end of this and make a presentation as well at the end of the CDBG because
_ we didn't know how the other would go and they said we should come here. Most
of you are aware of the kinds of services we render and our concern is the
_+ funding for this year coming in. We have no funding for the services we
render to the CDCs (Community Development Corporations) and what we're trying
to do is to get what we call, the stop gap funding so we don't lose the
organization or the structure that's working and we expect that next year the
CDBG funding will include the technical assistance service that we render and
that's one of the things we expect to be dealing with this, as well as we're
looking at trying to obtain funding through other kinds of grants, but the
cutoff and the turnaround time was just too short for us to assure funding for
this year. And so we are asking that this be considered as a fundable
activity because it's some...
Mayor Suarez: Francena, if we recognize, Mr. Manager and Frank, that, in
fact, the technical assistance to the CDCs and God knows, they need technical
assistance, many of them, is being provided by GMU, and assuming that, you
b: really have to... I mean, from our perspective, I know from yours, you are,
-s
80 May 24, 1990
�s.
that.... Wouldn't it mike sense to charge the CDCs five out of their fifty and
ten percent or something for technical assistance to go through GMU?
Mr. Castaneda: As the law is right now, that's an argument - we've argued
that technical assistance should be an eligible activity.
Mr. Odio: We have, Mr. Mayor, in a visit that I paid to Community Development _
in Washington, they were disqualifying some items that we had funded and _--
they're still disqualified, they wouldn't budge.
Mayor Suarez: How many are in trouble out of ten or so that we fund?
Mr. Castaneda: They all need some sort of technical assistance and so forth.
HUD has taken the position that technical assistance to CDCs and
administrative expense that has to be born out of the 20 percent and that
would obviously have a definite impact on our administrative budget and,
therefore...
Mayor Suarez: For our own department. i
Mr. Castaneda: For our own department.
Mayor Suarez: Ah. There's a trade-off. What do you recommend?
- Mr. Castaneda: No funding.
Mr. Odio: We don't have any funds. This would be a general fund.
Mayor Suarez: This would have an impact on general fund because it's =_
otherwise going as administrative costs into Community Development?
Mr. Odio: Yes, in general fund we have no monies at all.
Ms. Brooks: Do you mean to say, gentlemen...
Mr. Odio: I mean to say that we have no monies at all. You should have been
here this morning.
Ms. Brooks: But let me just... may I make just one point. I'm deeply
concerned about this because and I know that you're trying to help, I know
what you're saying that this is your reality, but I contend that to not spend
this money now will give you an added burden of money to be spent later
because what the CDCs are doing, are things that you want done that are
needed. Some of them are building houses and homes and they're doing a lot of
things. They've gotten into a lot of different kinds of projects now and
this... the point where they need the assistance so that they don't fall off
the log. We have been working with them and so do you do? You cut off this
funding and we're talking about for one year, just one year right now, to be
sure that we can keep going until we can get the additional funding.
Mr. Odio: Francena, everybody come and say they one year... well, the one
_ year adds up to three million, and four and five million dollars. That's the
problem, we don't have it. And I'm not kidding.
Commissioner Plummer: How much are you looking for?
Ms. Brooks: Ninety-five thousand.
Mayor Suarez: And we cannot retroactively charge each of the CDCs three,
four, five thousand per for this.
Mr. Castaneda: HUD has... we've...
Mayor Suarez: That's not allowable at this point.
Mr. Castaneda: No, no...
Mayor Suarez: Has that money actually been - I guess we're about to vote on
second reading, is that what we're about to do?
Mr. Castaneda: That's correct, Commissioner.
�' 81 May 24, 1990
Mayor Suarez: Is there any of it that's not. allocated? I guess I shouldn't
even bother asking that question, should I?
Mr. Castaneda: No.
Mr. Odio: Fact is, you asked us to find another 96 thousand dollars.
Mayor Suarez: For which?
Mr. Odio: To fully fund every program.
Mayor Suarez: Oh, to recover the social service programs back to a hundred
percent funding?
Mr. Odio: That's right.
Mr. Castaneda: Let me give you what you approved last time.
_ Mr. Odio: So you took any reserves we had.
Commissioner Plummer: No, a hundred percent of last year.
Mr. Odio: No, no, no, you don't want to do that.
Mayor Suarez: A hundred percent of last year. Not of request, that's for
- sure.
Ms. Brooks: What was the response on that?
Commissioner Plummer: The monies that were available were used for the social
programs of feeding and taking care of the sick. That was a surplus fund that
we reinstated those programs back to the amount that they had last year.
Those were the only monies we had.
Mayor Suarez: No, that's assuming we find reserves, right?
Commissioner Alonso: Yes, we did.
Mayor Suarez: We did find them.
Ms. Brooks: I don't think that... I don't contend that we're the line between
survival and failure of all these, because of them, they will survive somehow,
but I don't know the quality of the survival. I don't know the nature of the
work they're going to be doing in some cases because we have, indeed, closed
a... fill the gap for them in that arena and I think that they deserve a
chance to really come up and build that capacity.
Mr. Odio: We'll be glad to help out with any of our experts, so-called
experts there and technical assistants that are already on board that are now
helping some other CDCs with technical assistance. But monies we don't have.
Ms. Brooks: Evidently, somehow we have to realize that the kind of assistance
your people can offer may or may not be what is needed at that time by the
people we're working with and I don't say that with any kind of arrogance or
disrespect or disregard for the quality of service your people offer. But we
had to bring people in from Washington and deal with very nitty gritty things
like board organization, board responsibility, how do you make decisions and
that kind of thing. I mean, really nitty gritty things that were needed and
we've done that but they're at another level now and I am just unwilling to
see them fail apart because you've got two other others that are going for
you.
Mayor Suarez: Two things, Francena, assuming that this doesn't carry, it does
strike me as a bit of a self fulfilling prophecy aspect to this and I think
that's what you're hinting at, that maybe, by not giving them technical
assistance, we'll lose the ability to give theme any monies whatsoever.
Worried about that and thinking of the fact that most of thr- CDCs, about the
only ones that were successful for us are in affordable housing. How about
trying to get LISC (Local Initiative Support Corporation) money or other
enterprise foundation money? - do you... Are you receiving some of that at
this point? Can we not...
82 May 24, 1990
Ms. Prooks: Some of them are. You know, the thing you've got to realize
about LISC, and I'm a part of what brought LISC here on that group, and so I
support it, but when a CDC can meet LISC standards and stand on their own,
they may or may not need us. We're talking about those on the pipeline that
are coming along and taking us...
Mayor Suarez: Oh, before they Even become eligible for LISC.
Ms. Brooks: Before they even become able to get LISC funds, many of them.
And I don't - forgive me for being persistent on this.
Mayor Suarez: There's a bit of contradiction there, because some of these
have been around, almost all of ours have been around for seven, eight, ten
years getting grants way back from the sixth year all the way to the whatever
year we're in now, 14th of 15th and they're not embryonic, they're there,
Ms. Brooks: Well, I'm not saying that they're embryonic, I'm saying that they
did not... listen, let's go back..
Mayor Suarez: They don't have their act together, we agree on that.
Ms. Brooks: Yes, when they started, you know, the legislature threw that $1.1
million out here and said, do something. And they had no backup or no support
systems there to work with those people as they came along. Some of them were
able to recover and to go back to work and get some help because of kind of
leadership they had. Some didn't have good leadership. And some of them are
still wasting money and I think that we can probably help with that and save
money.
Mayor Suarez: It seems like the hard decisions should have been made on first
reading or prior to first reading to decide if some of these should not be
funded and give the money over to an agency that can help the other ones with
technical support; we didn't make that hard decision. OK, anyone want to move
anything on that item? If not, does anyone want to move item 17 so that we
get...
Ms. Anne Marie Adker: Mr. Mayor...
Mayor Suarez: Yes, Anne Marie.
Ms. Adker: Before you move on, you're still on the community development
block grant funding?
Mayor Suarez: Yes, ma'am.
Ms. Adker: What I need from you, Mr. Mayor, and the Commissioners is an
outline of what is happening with the overall community based organizations.
I'm specifically speaking of New Washington Heights. I talked with...
Mayor Suarez: Oh, what is a quick rundown of the ones we're funding, Frank? -
New Washington Heights is being funded, I think.
Ms. Adker: Yes,
Mayor Suarez: Although we're all mindful of the fact that they're awfully
close to the end of the rope in terms of getting their project off the ground.
I don't know if I'm speaking just for myself.
Ms. Adker: That's why I need to know because talking with Frank Castaneda, he
doesn't want to be the bad boy to cut them off so that's why he's funding the
six months.
Mayor Suarez: I know. This year I think we made the decision to fund them
one more year based on the representation, this is New Washington Heights,
based on the representation of Jack Mulvena and company, that they have an
important co -venture, etcetera, etcetera, but they still seen to have a very
tough time putting together that financial pats „-,e.
Ms. Adker: Is there any way possible that I call get: in writing from Jack
Mulvena, and I understand Herb Bailey, how far this project is. My interest
is as...
83 May 24, 1990
Mayor Suarez: If you get that, you're going to be a real magician, because
we've been trying to get assurances on that now for about three years and each
year it iust seems, you know, we get promises and promises.
Ms. Adker: No, I said...
Mayor Suarez: I guess nobody want to give up on it because it seems like a
very exciting project but it's a tough one to put together.
Ms. Adker: I sit as the representative to the Community Development Advisory
Board from Overtown. Nobody talks to me. I didn't see the proposal until I
got in the meeting. I need to know something.
Vice Mayor Dawkins: Is there any way, Mr. Manager, that you can schedule for
a discussion item progress on the...
Mayor Suarez: Washington Heights.
Vice Mayor Dawkins: ...the program so that Mrs. Adker can come down here and
be told what it is at the next meeting on the 7th?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Is that all right, Mrs. Adker?
Ms. Adker: That's fine, I'll sleep tonight.
Vice Mayor.Dawkinst All right, we'll schedule it as a regular Commission item
and please come prepared to tell Mrs. Adker and the rest of us the status of
the New Washington Heights project so that we can all of us know what we're
doing.
Mr. Odio: That's the hotel thing....
Vice Mayor Dawkins: Yes, please.
Mayor Suarez: Don't hesitate to go to the Off Street Parking Authority too.
They're the lead agency on that and their board ought to hear from you.
Mr. Tate: Mr. Mayor, before you vote on 17 again, I don't know whether...
Vice Mayor Dawkins: Pull the mike up, Stan.
Mr. Tate: Thank you, Miller. I don't know whether or not the specific
request I made this morning has to be exempted from it or is a separate item
procedurally and I again request any amount of money, whatever you can
allocate for that specific purpose.
Mayor Suarez: There was one amount, I guess, but not for face-lift purposes.
It was for security for Rainbow Village, $39,000, I think.
Mr. Tate: Um hm.
Mr. Odio: $39,600 is here.
Commissioner Alonso: That was included. It is included, thirty-nine
something.
Mr. Castaneda: Six -fifty.
Commissioner Alonso: Yes, that's part of what we approved last time.
Mr. Castaneda: That's correct, Commissioner.
Coiranissioner Alonso: It's very little.
Vice Mayor Dawkins: But if we expect to get money, quote, unquote, from the
Governor for security, quote, unquote, why can't we take $39,000 and give it
to Mr. Tate for what. he's trying to do and see if we can get started?
Commissioner Alonso: Commissioner, we are going to get money from
Tallahassee. He can attest to that, that is true.
84 May 24, 1990
2
Ell
Mr. Tate: Right.
Commissioner Alonso: We are going to get some money from Tallahassee.
Vice Mayor Dawkins: So, why don't we take the thirty-nine? Why don't we
take...
Mr. Tate: I'm not sure you can reallocate those monies though, they're for
security monies. I mentioned to you again, our budget for next year for
security from $600,000 this year is going up to $2 million with HUD with Dade
County and all you do is... any of ,you all have to go out to any of the low
cost subsidized housing or moderate income housing projects to see what the
needs of security are out there. I used to go out there by myself at night.
Most of the residents know me. I no longer go there alone. I go with at
least a Metro patrol car and they all know I'm only there as a volunteer, so
it's kind of scary. So, security is a real problem. But, you know, what I'm
looking for is hopefully... I asked for $3 million and I'll take any part of
It for beautification. The most important thing that those areas need to
enhance, not only this specific project, but to enhance the entire Overtown
and these other moderate and .low cost housing projects.
Commissioner Alonso: Yes, I'd also like to say and I didn't say this in the
morning because this is a project that I'm trying to get underway and I'm so
committed to the security in public housing that I'm working as a private
project to have a concert, the City of Miami Orange Bowl, in order to get
money for public housing and I'm working to have at least two or three
concerts and I think that the private sector can help on this endeavor and if
we sell tickets, $10 or $15, when they are paying twenty-nine, thirty and we
are going to have the artists come and play for the sake of giving this money
to public housing and to do it for free and I'm sure that we're going to get
some money from that. At least I'm sure we are going to have forty, forty-
five thousand people coming to this event and it will be some money that it's
going to be directed to help and what you're asking, for security in public
housing, and I'm very committed to that and I'm working and I have already
obtained support of many people in the community that see this as a great
necessity as well as I do and I encourage all of my fellow members of. the
Commission to work with me on this project to make it a reality.
Mayor Suarez: And by the way, the Board of Realtors has been touted as being
willing to help with face-lift of presumably graffiti - properties affected
with graffiti - I would hope that they would turn their attention having not
been too successful in that volunteer proposal into public housing face-lifts
because they're there, presumably they have some resources and they're quite
powerful. There's 3,000 of them, I think, in the State of Florida.
Mr. Tate: Yes, I'm not so interested in them. I don't think they're quite as
interested in face-lifting in the areas in which they don't do very much in
selling. These are primarily black, low income areas and the realtors do not
have a very lucrative involvement.
Vice Mayor Dawkins: No desire to go....
Mr. Tate: Right. They really don't.
Mayor Suarez: Test them. That way, they won't get written up in the Miami
Herald any more as having proposed something and then people supposedly don't
follow up on them. Maybe it's just they don't want to do the things that we
really need, they want to do something else.
Vice Mayor Dawkins: Mr. Mayor, before we go any further. Mr. Manager, who's
over there from Public Works?
Mr. Odio: The director.
Mr. Luis Prieto: Yes, sir.
Vice Mayor Dawkins: This morning one of the residents said that at. the New
Haven project, there's no sidewalks and no drainage and we passed a resolution
on 4/12/90 to go out there and do this construction. What's the hold up? I
understand that the contract is in the Law Department. What's the problem?
85 May 24, 1990
Li
Mr. Prieto- I don't know at this moment, sir, I'd have to find out. New
Haven, you say?
Vice Mayor Dawkins: Yes, well, the lady stood here this morning and say that
when it rains, she can't walk out of her building. This doesn't make sense.
Mr. Prieto: I'll find out, sir.
Vice Mayor Dawkins: All right, then let me know when...
M•r. Prieto: I will.
Vice Mayor Dawkins: ...how quickly you can get that out of the Law Department
and how quickly we can get this construction started because we've already
passed it.
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: OR, the other thing is at 545 N.W. 30th Street, again,
they say they got no sidewalks and no gutters.
Mr. Prieto: What did you...
Vice Mayor Dawkins: 545 N.W. 30th Street. Find out when we plan to put it in
there and 67th Street and 12th Court. There's a large hole, sir, in the
middle of the road and it's not our roadway, it's the County's roadway. Find
out how you can get that hole repaired tomorrow. If you can't get it repaired
tomorrow, let us know so the Mayor can call Mayor Clark and expedite that.
Mr. Prieto: I will, sir. Thank you.
Vice Mayor Dawkins: OK? Now, back to you, Stan. How we can come up with
some money and...
Mr. Tate: Well, I guess, and I don't want to be presumptuous, I guess if you
allocated whatever monies you are comfortable for this specific purpose, it
could be done and I certainly would not infer or to take it out of the Health
and Human Services portion of the budget and CDBG which would be health and
food. But there are other areas that can be taken out. I just think I know
shrubs and painting doesn't sound like it's very important, but, you know,
I've been in the real estate business for 42 years and when you want to
impress, not only the people who are living there, but the people who are in
the surrounding area, that's what it tales, and it will have a major effect,
in my opinion, on the private surrounding property owners. Just look what you
did in the arena area and how that's helped.
Vice Mayor Dawkins: Let's do this then. Let's you and I sit down and figure
out a way where you and this Commission can get together with the unions and
see if we can't - and I'm just thinking off the top of my head - see if we
cannot get the unions, the developers and other people who come down here
before us, to donate the materials and what have you and see what we can do
and on the 7th you come back and let's you and I... well, hell, you're talking
about a project, I guess we're talking about $100,000.
Commissioner De Yurre: You know, one thing that we could look at is, we can
make a commitment now, if we want, of saying that the monies that we get
donated by different groups when they come before us for zoning changes and
things of that nature, that that money be earmarked for this program. And
that way...
Mr. Tate: That would be great.
Mayor Suarez: I like that. I like that.
Commissioner Alonso: That's great.
Corrimissioner De Yurre: OK...
Mayor Suarez: We've been putting a lot of money into trees, supposedly, into
some kind of a tree fund. I never see the trees that come from it.
86 May 24, 1990
Commissioner De Yurre: So, you know, whatever we've got and let's make a
commitment of X amount of dollars towards that and once we reach that limit,
then we can start using the money for something else. So I'll make that into
the form, you know, make that in the form of a motion.
Mayor Suarez: Over the span of a year, it can reach into the hundreds of
thousands of dollars, for sure.
Commissioner De Yurre: OK, so that's my motion.
Vice Mayor Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Vice Mayor Dawkins: But still come back on the 7th, Stan, let's find out what
we've got, what we're looking at.
Mr. Tate: I will.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-377
A MOTION DIRECTING THE ADMINISTRATION TO EARMARK FOR
DADE COUNTY HUD AN AMOUNT TO BE DETERMINED BY THE CITY
COMMISSION FROM VOLUNTARILY PROFFERED CONTRIBUTIONS TO
BE PLEDGED TO THE CITY OF MIAMI DURING PLANNING AND
ZONING MEETINGS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I'll entertain a motion on 17 then.
Commissioner Alonso: Yes, so move.
Mayor Suarez: So moved. As...
Commissioner De Yurre: Second.
Mayor Suarez: —allocated and stated and previously voted on. Any
discussion? If not, please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT
(SIXTEENTH YEAR)," AND APPROPRIATING $11,081,000 FOR
EXECUTION OF SAME; FURTHER APPROPRIATING THE SUM OF
$1,200,000 FROM SIXTEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
A TOTAL OF $12,281,000; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 12, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote.
87 May 24, 1990
r
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10727.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Item three was deferred to 5:00
p.m.
NOTE FOR THE RECORD: On motion duly made by
Commissioner Plummer and seconded by Commissioner
Alonso, item four was deferred to the next Commission
Meeting by a unanimous vote.
NOTE FOR THE RECORD: Mayor Suarez recognized former
Miami Mayor, Bill Wolfarth, who was present in the
chambers.
----------------------------------------------------------------
17. DIRECT CITY ATTORNEY TO APPROACH REPRESENTATIVES OF ADMIIIISTRATION OF
THE AMERIFIRST BUILDING (THE LANDLORD) TO REQUEST THAT THEY BE ALLOWED
TO CONTINUE TO USE OFFICE SPACE AT THE PRESENT RATE FOR THE NEXT SIX
MONTHS ON A MONTH TO MONTH BASIS.
------------------------------------------------------------------------------
Mayor Suarez: Item five, lease agreement with AmeriFirst for the Law
Department.
Commissioner Alonso: Yes, I'd like to make a suggestion that the City
Attorney approach the landlord and make a suggestion for same rent, month to
month, up to six months, to give us ample opportunity to finalize the question
of the administration building.
Mayor Suarez: So moved.
Commissioner De Yurre: Theoretically speaking, and I'll second the motion for
discussion purposes. I don't see anything happening. I don't know if we can
get a better deal or not if it goes for a year, but if I don't see anything
happening for at least a year where that they would have to move out no matter
what we do with the administration building because by the time we makes a
decision and we get things rolling, it will be, at the very least a year. So
is there...
Commissioner Alonso: Yes, but if we can get them to agree to the same rent,
month to month, to up to si.x months, it's very convenient for us. We are
gaining time and it helps us a lot. Right?
88 May 24. iQQn
E.
Commissioner De Yurre: I know, but what do you foresee...
Mr. Fernandez: Yes.
Commissioner Alonso: Save money too because it will be the same rent.
Commissioner De Yurre: But what do you foresee happening in six months that,
you know - I'm saying, do you see something happening in six months that...
Commissioner Alonso: That we have saved six months and then we asked them six
months till the end of the year and that's it.
Commissioner De Yurre: OK, well as long as, you know, we get the same - we
don't lose out by just getting six months so we have to pay additional rent or
anything.
Commissioner Alonso: I'm sure we're going to get an agreement.
Commissioner De Yurre: Well, I'm sure - hey, what are they going to do, kick
us out? How about some new carpeting there?
Commissioner Alonso: Yes, same rent months to months up to six months.
Mr. Fernandez: Yes, I have no problem with that. They will not make any
improvements on the premises unless we commit to a two year lease so whether
we do it for one year or we do it month to month, conditions are going to
remain the same.
Commissioner Alonso: If you can get them to say one year, month to month, and
no increase, but I think six months would be more acceptable to them.
Mr. Fernandez: All right.
Commissioner Plummer: Start looking for something cheaper.
Commissioner De Yurra: It doesn't get any cheaper, I don't think.
Commissioner Alonso: Yes, that's what we want.
Commissioner Plummer: I'm telling you, start looking for something cheaper.
I'm still saying to you...
Commissioner De Yurre: Yes, there's an old funeral home on Flagler and 13th
that...
Commissioner Plummer: No, no, no, leave that funeral home alone. That's
sacred territory. it's now a church. I'm still saying to you that I think
that the money, if we spent $306,000 in fixing up the Gusman Hall, we've got
to subsidize the damn thing and we're subsidizing - how much, last year, Mr.
Mayor, ah, Mr. Manager? A hundred and fifty thousand dollars. I think you
can take the $306,000 that you're paying out in rent and you can, in fact, fix
up the Gusman Hall - Gusman Building - which is our. facility...
Vice Mayor Dawkins: Be sure you put an elevator in it.
Commissioner Plummer: Put an elevator in it.
Commissioner De Yurre: The building doesn't have an elevator?
Commissioner Plummer: They're not automatic elevators. But, you know, I just
think it's crazy to continue to pay out rent when we have a building that's
only half full. Granted, it needs repair, granted it needs fixing up, but,
damn it, it's our own facility. And we're paying $150,000 of subsidy that's
not being taken care of..
Mayor Suarez: .lust, remember that when we previously disapproved what we had
done before and awarded a franchise to somebody - or rather a contract - to
somebody to fix it up, the estimated cost was 5.2 million, I think.
Commissioner Plummer: Well, yes, they were going to make a skyscraper out of
it.
69 May 24, 1990
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11
Commissioner De Yurre: Well, how many square feet do you need, forge?
Mr.. Fernandez: The operation of the City Attorney's office, combined with the
administration of the self insurance trust fund, we need 18,000 to 19,000
square feet.
Commissioner De Yurre: You're talking about 20,000 square for round
figures...
Mr. Fernandez: Yes.
Commissioner De Yurre: How much would it cost to build that out?
Mr. Odio: The - wait... Gusman Hall Building, I looked at it before. We
talked about it and I remember it cost between $900,000 to a million dollars
to fix up.
Commissioner De Yurre: The whole thing? The whole building?
Mr. Odio: Yes.
Commissioner De Yurre: But what about if we just take 20,000 square feet?
Commissioner Plummer: The whole building.
Mr. Odio: How many square feet?
Commissioner De Yurre: Twenty thousand.
Mr. Odio: It's almost the whole building.
Commissioner De Yurre: No, no, no. It's not the whole building.
Mr. Jack Mulvena: Basically, there are 25,000 square feet distributed from
the third floor up to the tenth floor averaging between two and three
thousand. But there's about...
Commissioner Plummer: Yes, but, Jack, even if you did that, you're talking
about in the rough neighborhood of two years of rent in our own facility.
We're paying out the three hundred, plus we're paying out the hundred and
fifty. It doesn't make any sense to me. That's four hundred and fifty a year
which is being outflow of the dollars and then two years, you've paid for the
renovations.
Mr. Mulvena: You're absolutely right.
Commissioner De Yurre: Well, why don't we make a proposal...
Commissioner Plummer: What I think we ought to do is instruct the Off Street
Parking, who are the manager, to submit a set of plans to this Commission so
we can approve them and get it fixed and move the law firm in there.
Mr. Mulvena: Yes....
Mr. Fernandez: But, Commissioners, my...
Mr. Mulvena: We're putting it in the CIP program this year.
Commissioner De Yurre: Do we have air conditioning there?
Mr. Fernandez: My request is that when you consider...
Commissioner Alonso: ....old fashioned way, no air condition, why?
Commissioner Plummer: They'll work better.
Mr. Fernandez: When you think of your Law Department that you would consider
us as an integral part of your administration and if the intent of this
Commission is to have the administration together at one place for the sake of
efficiency and operation and the like, 1 would suggest to you that it is my
belief and it is the desire of all the members of my staff that we wish to be
90 tJay 24, 1990
closer and more accessible to all of the members of the administration and so
if you were to put us any place else, again keeping us isolated from the
remainder of the administration, perhaps the City would not be best served by
that. However, I also want to put it on the record that I have no objections
to following the directives of this Commission in terms of where you want to
house the City Attorney's office.
Commissioner De Yurre: Well, the bottom...
Commissioner Plummer: The last City Attorney I had in his argument was, put
me downtown near the courthouse. OK? She. OK? That was the last argument.
Look, if we build a facility, which I doubt seriously that we will, but if we
do, you're talking about: at least 30 months of construction, at least. OK?
Now, what I'm saying to you is...
Mr. Odio: Eighteen months.
Commissioner Plummer: ...in those two years, we pay ourselves and even if you
move out, we then have a first class building which, hopefully, we won't have
to subsidize in the future.
Commissioner De Yurre: You can rent it out.
Commissioner Plummer: Exactly. So, as far as I'm concerned, let's get about
the business. Now, the other question, Commissioner Alonso passed a
resolution that this Commission, as I recall, was unanimous, in reference to
parking. OK? That we would pay for anyone to use the Metror.ail. That we
would no longer provide parking or subsidize parking on employees. Has that
been implemented?
Mr. Odio: No.
Commissioner Plummer: When is it? Did you not pass that?
Mr. Odio: Can't do it.
Commissioner De Yurre: When was that? --
Mr. Odio: No. I don't remember that...
Mr. Fernandez: No, no.
Mr. Odio: ...Commissioner, it sounds good, but I never —
Commissioner De Yurre: That may have been the Key West City Commission.
Commissioner Alonso: No, we discussed...
Mr. Odio: No.
Commissioner Alonso: ...we discussed parking, but we never took action.
Mr. Odio: No, and it is not possible. We have a...
Commissioner Alonso: We never took action on that.
Commissioner De Yurre: We didn't pass it.
Commissioner Plummer: I'm sorry, I'm told it was Commissioner RanF;a and it
did pass at this Commission.
Commissioner Alonso: We discussed after it came the parking situation, but we
never took any action.
Mr. Odio: You take it for one and then you're going to have to increase the
deficit at the parking garages and then we have to....
Commissioner Alonso: I don't know if prior you took action, you did?
Commissioner Plummer: No, no, no....
Mr. Odio: At parking garage number five? We paid deficits.
91 May 24, 1990
0
Commissioner Plummer: Mr. City Attorney.
- Mr. Fernandez: Yes, sir.
Commissioner Plummer: Your $300.000, how much of that money is paid out for
parking?
Mr.. Fernandez: Our budget for parking is approximately seventy to eighty
thousand dollars a year.
Commissioner Plummer: Mr. Manager, what do we pay for parking in the DuPont
Plaza? About $40,000. Mr. Manager, what do we pay for parking for the DDA?
Mr. Odio: I don't pay that, but I...
Commissioner Plummer: It's paid from City tax dollars, any way you want to
hack it.
Mr. Odio: We have to provide...
Commissioner Plummer: This City is putting out right now the last number that
I heard approximately $300,000 for parking for City employees.
Mr. Odio: Which we must provide.
Commissioner Plummer: No, we don't have to provide, I'm sorry.
Mr. Odio: Yes, we do. It's part of the contract.
Commissioner Plummer: Mr. Manager, when you go to the poor house, don't cry.
OK?
Mr. Odio: No, no... you know, it has always been that way, Commissioner.
Commissioner Plummer: Sir, I think the plan of providing people with
Metrorail, which was cheaper, it didn't create the problems that we are having
in the downtown area, was a splendid idea.
Mr. Odio: If you live near the Metrorail stations in Kendall, it's a good
idea.
Commissioner Plummer: It's why we have...
Mr. Odio: If you living at...
Commissioner Plummer: That's why we have the park and ride, Mr. Manager.
Remember, Mr. Manager, a hundred million dollars of subsidy to Metrorail is
paid for by you and I also.
Commissioner Alonso: It is.
Mr. Odio: Well, but, you know, it's always... it is not the bur...
Commissioner De Yurre: You know, the problem - you take the Legal Department,
for example.
Commissioner Plummer: Hey, look....
Commissioner De Yurre: When you have an attorney that has to be traveling
around to meetings and things, you know, how is he going to get around? Or
our employees?
Mr. Odio: Why are you putting...
Mr. Fernandez: And depositions and...
Commissioner Plummer: I am going to tell you, Mr. Manager, you got $300,000
you can blow?
Mr. Odio: No.
92 May 24, 1990
Commissioner Plummer: 'you're doing it.
Mr. Odio: We have to. If we're not going to provide an office building for
the employees to work from and have decent parking we must provide that.
Commissioner Plummer: I didn't say not provide an office, I didn't say that.
Mr. Odio: We must provide that.
Commissioner Plummer: I didn't say, don't provide them an office.
Mr.. Odio: Well, it's not the employees fault- that they have to drive into the
DuPont Plaza or the Olympia Building or wherever the hell we have the
buildings around here. It's not their fault. So, therefore, we must pay
until we can correct that situation.
Commissioner Plummer: Mr. Manager, I am not finding fault. I am trying to
find ways to save money.
Mr. Odio: Pine, authorize a building of a new administration building where
we can consolidate the office and have the parking right accessible to them.
Commissioner Plummer: Well., let me tell you, I hope that goes to a referendum
of the people because they've told you already four times they're not going to
stand the gaff of a new building. OK?
Mr. Odio: Commissioner, we're paying $1,700,000 a year in rent. With that. .
Commissioner Plummer: Sure, because we're giving all the damn buildings away.
Mr. Odio: We can prove to you that with that money we can finance our own
administration building, and have our own building consolidated in one place.
Vice Mayor Dawkins: That's why I... if we can pay for it, why we got to go to
a referendum?
Mr. Odio: You don't have to go to a referendum.
Vice Mayor Dawkins: OK, I am curious, that's all.
Commissioner De Yurre: Let me ask this since we're on the subject,
Commissioner Alonso, when are we going to hearing from this issue?
Commissioner Alonso: I'm hearing all of this discussion and I'm about to make
a decision so probably, if not, I thought we were going to meet the 14th, now
we changed to the 7th and I don't think the 7th will be a good occasion. The
one after that.
Conunissioner De Yurre: Yes, so like the first meeting in July?
Commissioner Alonso: Yes.
Commissioner De Yurre: OK, good.
Mayor Suarez: All right, we have a motion and a second, do we, on the month
to month for another six months?
Commissioner Alonso: And will have parking.
Mayor Suarez: Any further discussion on that? If not, please call. the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-378
A MOTION
DIRECTING THE CITY ATTORNEY
TO APPROACH
THE
LANDLORD
OF THE AMERIFIRST BUILDING
TO REQUEST
THAT
THE CITY
Or MIAMI LAW DEPARTMENT BE
ALLOWED TO
PAY
RENT AT THE
SAME RATE PRESE14TLY PAID
FOR THE NEXT
SIX
MONTHS ON
A MONTH -TO -MONTH BASIS.
93 May 24, 1990
L]
2
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
18. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND; SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM (FY 190) JTPA II-B - APPROPRIATE FTJNDS
FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM - ACCEPT GRANT.
--------------------------------------------------------------------------------
Mayor Suarez: Item six.
Vice Mayor Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Summer Youth Employment and Training Program.
Commissioner Alonso: Six.
Mr. Jorge L. Fernandez: Number six has been withdrawn. It's my understand...
I'm sorry. No, no, no, I'm sorry.
Vice Mayor Dawkins: Well, when did you all plan to tell us?
Mr. Odio: No, no, we need six.
Mayor Suarez: All right, we have a motion on six. We have a clarification
that has not been withdrawn. Do we have a second?
Vice Mayor Dawkins: Yes, De Yurre seconded.
Mayor Suarez: OK, Commissioner De Yurre seconds. Any discussion? If not,
please read the ordinance.
Commissioner De Yurre: The former Vice Mayor.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM (FY '90) JTPA II-B"; APPROPRIATING
FUNDS FOR THE OPERATION OF SAID PROGRAM IN THE AMOUNT
OF $421,107 FROM THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM; FURTHER AUTHORIZING THE CITY
MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND
TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner De
Yurre, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
94 May 24, 1990
AYES: Commissioner Victor De Yiirre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner De Yurre, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10728.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Commissioner Plummer: Just for the record, justify the emergency. The real
excuse is, they didn't get to it and they didn't think in advance.
Ms. Francena Brooks: No, you know, we have the 27 day lead time for items on
the agenda which did not permit in time for the last meeting and we need to
bring the staff on -board as soon as we can.
Commissioner Alonso: I asked the same question.
Ms. Brooks: Thank you.
Commissioner Plummer: Poor excuse.
Mayor Suarez: The emergency is the time will expire before we get to use the
program.
Commissioner Plummer: Poor excuse.
19. EMERGENCY ORDINANCE; AMEND 10021 WHICH ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND - INCREASE BY $750,000
AS A RESULT OF ADDITIONAL MONIES FROM SUCCESSFUL FORFEITURE ACTIONS,
--------------------------------------------------------------------------------
Mayor Suarez: Item 7, another emergency ordinance.
Commissioner De Yurre: Move it.
Commissioner Alonso: Second.
Commissioner Plummer: What does this, in effect do, besides establish the
ordinance?
Commissioner Alonso: To receive the monies...
Mayor Suarez: Additional forfeiture monies to go to the Law Enforcement. Trust
Fund.
Mr. Odio: This puts $750,000 .into the kitty and then they have to come back
with individual items to spend that money.
95 May 24, 1990
Commissioner Plummer: And where is the money coming from?
Mr. Odic: From the confiscated funds.
Commissioner Plummer% And where is that. money been up until now?
Mr. Odio: What do you mean, this money?
Commissioner Plummer: Yes, the $750,000.
Mr. Odio: I don't know, where does the....
Commissioner Plummer: Where has it been up until now?
Mr. Odio: It has to be in a bank somewhere. I mean, well...
Commissioner Plummer: But, I mean, has it just been laying there?
Mr. Odio: No, no.
Commissioner Plummer: Obviously, this money just didn't drop out of the
clouds.
Mr. Odio: No, I'm sure...
Commissioner Plununer: I'll ask, Mr. Mayor, that this...
Mr. Odio: I'm sure it's in a bank account. In the City bank account and what
they're doing now is setting them aside as a Law Enforcement Trust Fund and it
can only be expended by coming back to you through the Law Enforcement Trust.
Account.
Mayor Suarez: We're just setting up the account with this ordinance?
Mr. Odio: Yes.
Commissioner Plummer: Joe, where has this $750,000 been up until today?
Lt. Joseph Longueira: Yes, some of it is recent confiscations. It's
unappropriated monies that has been - some of it's recent confiscations, some
of it has been there.
Commissioner Plummer: Where has it been up until today?
Lt. Longueira: What account? In the bank, as far as I know. I can find out
specifically.
Commissioner Plummer: Has it just been laying there? Has it been drawing
interest?
Mr. Odio: If it sits in the bank, it draws interest.
Lt. Longueira: Yes.
Mr. Odio: What he's doing with this, is just saying this seven fifty can only
be used through this account.
Commissioner Plummer: How much more money do you have like this that you're
not putting into this fund?
Lt. Longueira: I believe unappropriated, it's going to leave about $350,000
is available.
Mr. Odio: Let me ask you something - let me tell you something, Commissioner.
I talked to the Chief last week. We had a squad - correct me if I'm wrong
because I don't deal with police matter too much - that was going after
confiscated money with a Customs and others and we eliminated that squad and
we're running out of monies and I asked them to please...
Lt. Longueira: We're going to .reenact it because Metro has been very
successful, they got about six million dollars over the past six months
working with Customs.
96 May 24, 1990
Mayor Suarez: You know, the question, if I understand it correctly, is very
simply, lieutenant, directed at mechanically you seize presumably cash in this
case, maybe could be some bonds or some other form of paper money, you deposit
it in some account, do you?
Lt. Longueira: Yes.
Mayor Suarez: Or do you hold it until you have an ordinance of this sort in
front of you?
Lt. Longueira: No, it gets deposited in the account once it becomes the
property of the City.
Mayor Suarez: All right, and that account is presumably an interest bearing
account? It doesn't have to be. There are many accounts that don't bear any
interest.
Lt. Longueira: I can find that out for you, but I believe it is.
Mayor Suarez: All right, so we don't answers to that either and now, at this
point, and this ordinance does what? It creates the appropriations mechanism
but does not finally allocate the money yet.
Lt. Longueira: Right. Some of the projects that you've been dealing with
will be funded out of here, like the AIU intoxilizer that was earlier today.
That money will come out of here. The patrol scheduling systems...
Commissioner Alonso: The ones for the consent agenda.
Lt. Longueira: Some of those items, yes. That money will come out of here.
The combat auto theft program, that money will come out of here. These are
programs that you've already approved. The safes and the TVs for the property
bureau.
Vice Mayor Dawkins: When we approved them, where were you supposed to get the
money from when we approved them?
Lt. Longueira: From the Law Enforcement Trust Fund. Now, we're appropriating
the money to do that.
Vice Mayor Dawkins: OK, somebody tell me, what the procedure is for the
establishment of how you're supposed to use this money, for what, and why.
Mr. Odio: I'll start with by saying that the only person that determines
that, Commissioner, is the Chief of Police and he's going to explain to you
the criteria.
Vice Mayor Dawkins: I wouldn't care if it was the President of the United
States. Tell me how it's done.
Chief Warshaw: Commissioner, according to State Statute, the money can
only...
Vice Mayor Dawkins: State Statute?
Chief Warshaw: Right. The money can only be spent upon the recommendation of
the Chief of Police and the subsequent approval of this Commission. Without
that, it cannot be spent.
Vice Mayor Dawkins: And it does not say what itcan be spent on...
Mr. Jorge L. Fernandez. Yes.
Vice Mayor Dawkins: ...how it can be spent?
Chief Warshaw: Yes, it does.
Mr. Fernandez: Yes, yes, it does.
Vice Mayor Dawkins: Well, then tell me what the statute says, sir.
97 May 24, 1990
Chief Warshaw: OK, the language in the statute identifies certain programs,
namely, crime prevention, anti...
Vice Mayor Dawkins: Crime prevention.
Chief Warshaw: Right, drug prevention.
Vice Mayor Dawkins: Drug prevention.
Chief Warshaw: School Resource Officer Programs.
Vice Mayor Dawkins: School Resource Officer?
Chief Warshaw: Yes, and then the catch all phrase, "and any other law
enforcement purpose."
Vice Mayor Dawkins: All right, can you fund an activity more than once?
Chief Warshaw: Yes.
Vice Mayor Dawkins: From this fund?
Chief Warshaw: Yes.
Mr. Fernandez: Well, another restriction is that you cannot fund...
Vice Mayor Dawkins: The statute says that?
Chief Warshaw: Yes. What you...
Vice Mayor Dawkins: So, in other words...
Mr. Fernandez: You cannot substitute your general operation or monies that
have been used from your general budget you cannot substitute these monies for
those.
Vice Mayor Dawkins: OK, now, if I can show that that's what we're doing, what
then?
Chief Warshaw: If you can show that we're doing what? -I'm not sure I
understand the question.
Vice Mayor Dawkins: Tell him what you just said, sir.
Mr. Fernandez: That you're using these monies to substitute for what
otherwise should be covered and has been appropriated from the general
operation budget.
Chief Warshaw: OK. There are some Attorney General opinions regarding what
"recurring expenses" are...
Mr. Fernandez: Right.
Chief Warshaw: ...and those opinions state things like vehicles, weapons,
uniforms, electricity for the building, rent, the kinds of things that a.
genera], fund normally would support. You cannot use this money for those
purposes. However, you can use them for programs that are not what would be
considered normally budgeted items with general fund dollars.
Commissioner Plummer: How much of this money presently is going into the SRO
program?
Chief Warshaw: I'm not sure, to be honest with you.
Commissioner Plummer: You think it's none? Mr. Manager, how much money is
this City paying in the SRO program?
Chief Warshaw: School Resource Officers.
Mr. Odio: We have a grant. I believe that's the one that...
Chief Warshaw: Yes, there is a grunt.
98 May 24, 1990
Mr. Odio: ...that is three hundred and some thousand dollars. We don't
pay...
Commissioner Plummer: Grant, from where?
Mr. Odio: I don't remember the source.
Chief Warshaw: We'll get you the information.
Mr. Odio: It is covered by... it is totally funded from outside source.
Commissioner Plummer: From outside?
Mr. Odio: It is not from City fund. It is not...
Commissioner Plummer: The School Resource Officers? The officers in the
school.?
Mr. Odio: Inside the school system.
Commissioner Plummer: In the schools, the officers in the school.
Mr. Odio: I'm sorry, I'm thinking about crossing guards. I'm sorry.
Commissioner Plummer: No, no, no.
Mr. Odio: Inside the school? -I don't know.
Commissioner Plummer: How much are we paying from the general fund today for
the school resource officers?
Mr. Odio: That, I have to find out because I was thinking of crossing guards.
Chief Warshaw: And one other thing, Commissioner...
Commissioner Plummer: Well, wait a minute, wait a minute, whoa, whoa! Let's
don't go beyond that. If that money can be used for that. program...
Chief Warshaw: It can be used for the program but it cannot be used to fund
the salaries. The only salaries that can be funded from the Law Enforcement
Trust Fund are for police officers who work exclusively in the attempt to get
forfeiture dollars into the fund. You can't use it to pay salaries.
Vice Mayor Dawkins: You're missing the point. The point is, if, at any time,
school resource officers were funded from the general fund and you are now
funding it from the Law Enforcement, then you are using Law Enforcement funds
for school resource officers.
Chief Warshaw: That would be correct. You'd be right, yes.
Vice Mayor Dawkins: OK, all right.
Commissioner Plummer: But we're talking about how much? Damn near $600,000 a
year...
Mr. Odio: Yes, I have to look.
Chief Warshaw: In salaries.
Mr. Odio: In salaries.
Commissioner Plummer: In salaries alone.
Mr. Odio: See, but I tried. You cannot relieve....
Chief Warshaw: But you can't use that...
Mr. Odio: ...unfortunately, I say that, the salaries of our police officers
with any of these monies. Even if we had $50 million dollars there.
99 May 24, 1990
Commissioner Plummer: What, happens if you start a new cadre of officers
dedicated just to the School Resource Program?
Chief Warshaw: You couldn't use the money to fund their salaries, but you
could use the money to fund all other elements of the program, but not
salaries.
Vice Mayor Dawkins: Vehicles?
Chief Warshaw: Vehicles, yes.
Commissioner Plummer: And we have how many of those now present? There's 36
or 38?
Chief Warshaw: I'm not sure how many there are. We'll have to get the
information. I'm not sure how many we have right now.
Commissioner Plummer: Well, why aren't we looking into transferring that cost
over to the Law Enforcement Trust Fund?
Mr. Odio: Believe me, every budget year we tried. I would love to use every
single penny of this and relieve the general fund and I am told that we cannot
do it. That this is as far as we can go by State Statute.
Vice Mayor Dawkins: One more question then I'll be finished. When the
gentleman from the Haitian community came down here and you're talking about
prevention and drug prevention and what have you, they discussed that in the
Haitian community, there was nothing for Haitian kids after school and it was
thought that they would get monies from this fund to establish an after school
soccer league. The money was passed by us, but instead of the Haitian
community getting it, we gave it to the Police Department for the Police
Department to run a program.
Lt. Longueira: Right.
Vice Mayor Dawkins: Why?
Lt. Longueira: Commissioner, that program qualified under a drug education
program. OK, we...
Vice Mayor Dawkins: The Haitians could not run a drug education program?
Lt. Longueira: Commissioner, the way they presented the program, no. They
wanted us to pay for their coaches. We cannot do that. OK?
Vice Mayor Dawkins: Wry?
Lt. Longueira: Because we cannot pay for their coaches. They're looking...
Vice Mayor Dawkins: If you can pay for the coaches in the basketball, I mean,
a football team and the boxing team.
Lt. Longueira: We don't do that, sir. We don't pay for...
Commissioner Plummer: What about the boxing program?
Lt. Longueira: Right, but salaries of POs aren't paid out of there. The
boxing program, the expenses are paid out of the Law Enforcement Trust Fund,
but not the salaries of the officers involved. OK? The soccer program wanted
to pay for their coaches and stuff and what we told them was we want to use
volunteers.
Commissioner Plummer: Half a million dollars.
Lt. Longueira: The only person we hired in that is a counselor coordinator
and we're in the middle of hiring that person now. He's in the background
process.
Vice Mayor Dawkins: How many Haitian officers are on the force?
Mayor Suarez: Two, four, three, four, something like that.
100 May 24, 1990
AAL
Lt. Longueira: Maybe two or t.hre^, maybe a few more, sir -
Vice Mayor Dawkins: Well, let's say three, all right? Now, if we can pay
somebody who speak English, for the lack of a better word, out; of general
funds, to run the boxing program, you could not take the sworn Haitian
officers on the Miami Police Department to run a soccer league in Little
Haiti?
Lt. Longueira: Sir, we could have done that...
Vice Mayor Dawkins: .All right, then, OK, that's all..
Lt. Longueira: ...but we continuously get asked why we have so many officers
in the boxing program. We were looking for an expert that could coordinate
and counsel. We have somebody that fits those requirements. We want to do
drug counseling. We just don't want to have an athletic program. The
athletics draws the youth, the program is drug prevention.
Vice Mayor Dawkins: You could still put the police over... Hey, I'm going to
say this and be finished with this. I'll say this and be finished. You could
put the policemen over there and still have quote, unquote, a drug counselor.
And that drug counselor could be free to work Citywide. It would not have to
be locked into Little Haiti. So, if you're going to hire a drug ... you, in
fact, we need more than one. We got drug problems in this total City of Miami
so we need five or six drug counselors to go over the City.
Lt. Longueira: Yes, sir. I agree with you.
Vice Mayor Dawkins: I'm finished.
Lt. Longueira: Mayor...
Mayor Suarez: By the way, whatever restrictions the Law Enforcement Trust
Fund legislation contains, you might want to suggest around there, it's all
state creature.
Mr. Fernandez: Yes, it is.
Mayor Suarez: You might want to suggest modifications of the law around
legislative session time as we're in now. Maybe we could have lifted some of
those restrictions and have all kinds of flexibility to deal with all of this
forfeiture money instead of all these hassles and all these, you know...
Lt. Longueira: Mayor, we have...
Mayor Suarez: ...strategems that we're using.
Lt. Longueira: ...we have the answer on the interest bearing accounts.
Chief Warshaw: Mayor, the process is that as we receive these monies and
they're awarded to us, the day they're awarded they go into an interest
bearing account through the regular finance system, the regular process.
Commissioner De Yurre: What bank is that? What bank do you use?
Chief Warshaw: I'll have to ask Mano, but they get deposited right in through
the finance system, where the actual...
Commissioner De Yurre: What bank do we use for that? Are we just using one
bank for all monies that we have throughout the whole City?
Mr. Odio: The general account....
Commissioner Plummer: Till we get that other thing made, we got the banks to
choose from and we've never done it.
Commissioner De Yurre: Where does the interest go to? Does it stay within
the Police Department?
Commissioner Alonso: Why yes, we instructed them to under the basis of the
lowest bidder.
101 May 24, 1990
Chief Warshaw: The interest stays...
Mr. Odio: It stays within the fund.
Chief Warshaw: Yes. The interest accrues within the Law Enforcement Trust
Fund.
Mr. Odio: Within the law... no, no, no, within the law enforcement account.
Chief Warshaw: Right.
Commissioner De Yurre: OK.
Chief Warshaw: And we monitor and audit that fund within the Police
Department...
Mr. Odio: Right,
Chief Warshaw: Then, when we reach a certain level, an unmanageable level,
five hundred, six hundred, seven hundred thousand dollars, we come before you
to take those unappropriated funds and appropriate them subsequent to that we
come back with resolutions on individual items.
Commissioner De Yurre: Let me mention one thing that I learned in Tallahassee
yesterday. The money for school crossing guards in many of the counties
throughout the state are paid by the School Board and not by the local cities.
Commissioner Plummer: That's right. It's almost $600,000.
Commissioner De Yurre: Yes.
Commissioner Alonso: They are paid?
Commissioner De Yurre: They are paid by the School Board.
Commissioner Alonso: And what about the ones that...
Commissioner De Yurre: We pay.
Commissioner Alonso: ...in our program that...
Mr. Odio: We pay out of that....
Commissioner Alonso: Out of the grant that we receive?
Mr. Odio: We pay it out of the fines we receive...
Commissioner Alonso: Because there were several schools that did not have
enough guards.
Mr. Odio: We pay it out of the fines we .receive from the County on traffic
fines. Our share of the traffic fine.
Commissioner De Yurre: OK, well, but they get it from another source.
Mr. Odio: Yes, and I wish we...
Commissioner De Yurre: That maybe we should start doing something about that.
Are we at a motion and a second?
Mayor Suarez: Do we have a motion on this item?
Commissioner De Yurre: We do.
Ms. Hirai: Yes, sir.
Commissioner Plummer: Let me just ask a question, Mr. Mayor. Reading from
the backup material, why is it saying in here that the forfeitures amount to
$5,117,9127
Lt. Longueira: Sir, that's from the inception of the ordinance to date. That
much money has been confiscated over the years total.
102 May 24, i990
Commissioner Plummer: And how much of it. has been spent? You see, I... let
me tell you what my problem is, you're asking me to give you the right to
appropriate $750,000 and in the backup material you give me not anything here
for what it's going to be spent for.
Mayor Suarez: We're not at that point yet, are we, except for the...
Commissioner Plummer: No, but I might disagree with it.
Mayor Suarez: But this is just an accounting technique. We're just putting
money into an appropriations budget. Are we doing anything other than that at
this point?
Commissioner Plummer: Anything under $4,500 they can buy whatever they want
without approval of this Commission.
Mayor Suarez: That.'s because of authority that we have given the City
Manager, I guess. That's in the Charter, I mean...
Lt. Longueira: Yes, only after you've created a program, a resolution that
creates a program, like a drug education program, then we could do it. under
$4,500, but that's a separate resolution that has to come back to you each
time for the auto theft program, the boxing program. They're all separate
resolutions.
Mayor Suarez: Each item of expenditure is individually approved by this
Commission, that's clear. All right...
Commissioner Plummer: I'll tell you what I'd like to see, maybe the rest of
this Commission, I'd like to see what you've done with the past money of the 5
million dollars.
Mayor Suarez: Please provide that to each Commissioner. In the meantime, we
have a motion and a second on this item, do we not, Madam City Clerk? Any
further discussion? If not please read the ordinance. Call the roll.
AN ORDINANCE. ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $750,000 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Alonso, for adoption as an emergency measire 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner De Yurre and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
103 May 24, 1990
2
D.
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES. Commissioner J. L. Plummer, Jr.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10729.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ?FIRST ROLL CALL:
Commissioner Plummer: Justify the emergency.
Mr. Fernandez: This ordinance is hereby declared to be an emergency measure
on the grounds of urgent public need for the preservation of peace, health,
safety and property of the City of Miami.
Commissioner Plummer: Is that a joke or is that a joke?
Mayor Suarez: Not real specific, is it there? It's not very specific.
Commissioner Plummer: Is that joke that you got to buy a TV camera for public
health and safety?
Lt. Longueira: Commissioner, those TV cameras are to watch the drug vaults at
the police station.
Commissioner Plummer: You didn't know about that 30 days ago? It's a hell of
a way to run an airline. A hundred million dollar Police Department and you
can't get your act together.
Ms. Hirai: Your vote, Commissioner?
Vice Mayor Dawkins: He votes yes, he votes yes.
Commissioner Plummer: Oh, it is an extreme emergency. I vote yes.
Mayor Suarez: Thank you.
COMMENTS MADE DURING SECOND ROLL CALL:
Commissioner Plummer: No, because I don't think it's an emergency. I voted
for it on first reading.
(Note: After calling the City Attorney as to the ultimate annotation of the
above apparent voting conflict concerning Commissioner Plummer's vote, the
City Attorney instructed the office of the City Clerk to reflect Commissioner
Plummer's second roll call as his final and official position on this item.)
Vice Mayor Dawkins: I'll be voting against a lot of those items that I pulled
today, I want you to understand. When you come back next week, a lot of those
items that you gotin here that you want to pay for with this money, I'll be
voting against them.
Commissioner Plummer: You've already for half of them this morning, in the
consent agenda.
Commissioner Alonso: You did.
Mayor Suarez: Other than those, don't bring those up, please. We have passed
those.
104 May 24, 1990
20. BRIEF DISCUSSION ON REMOVAL OF POLITICAL SIGNS AFTER ELECTION PROCESS.
Commissioner De Yurre: Mr. Mayor, I just want to bring up a point that I
discussed with the City Manager, today. And it has to do with the
proliferation, and I just want to put it on the record because this is
something that is disturbing to many of us, that proliferation of political
signs all over Little Havana and most of our City of Miami. The funny thing
is that, you know, it's in violation of the City code and it's judges, because
it's all signs, I see a Judge this and Judge that, and they are violating our
code and yet we do not do anything about it to clean it up. I think that, you
know, I'm getting a lot of complaints, in fact, I heard about it up in
Tallahassee also, yesterday. That people are complaining to our State
representatives because the City is really dirtying up with all these signs
all over the place wherever you turn. And I'll like to see if we can enforce
our code and clean up our City which is the least that we can do for our
citizens in the City of Miami.
Mayor Suarez: And not to mention the fact that, some of those signs that were
up were people from our opponents in the last campaign. I'd love to get rid
of those signs so that I don't look at their names. I'm sure Commissioners
Alonso and Vice Mayor Dawkins agree with me fully.
Commissioner Plummer: It was my understanding that the Code Enforcement Board
was going to send notices to these people putting them under a $250.00 a day
fine.
Commissioner De Yurre: The thing is J.L. not to send notices but to take them
down, and if you knock on somebody's door...
Commissioner Plummer: You can't take them., down off of public property -
private property.
Mr. Luis Prieto: That's right.
Commissioner De Yurre: No. But if you knock on somebody's door and you tell
them, listen, I either cite you right now or let me take it down, nine out of
ten they are going to say, take it down.
Commissioner Alonso: Oh, they'll be very happy.
Commissioner De Yurre: Because they don't want any trouble. So if we can,
you know, step up this procedure and just kind of knock on a couple of doors
and...
Commissioner Plummer: Victor, I asked that three months ago and they've done
nothing.
Mr. Prieto: As of last week, we have had all signs in the public sector
removed. The only ones remaining, as far as we know - unless they have gone
on recently, in this weekend, is...
Commissioner De Yurre: They're private, - on fences, chain -link fences all
over town.
Mr. Prieto: Yes. If the chain -link fence is in private property...
Commissioner Plummer: Have you gone and wrote them a notice of violation?
Mr. Prieto: Not on chain -link fences because !trey are on private property.
Commissioner De Yurre: But that's still violation, anyway.
Commissioner Plummer: But that's still violation of the code.
Commissioner De Yurre: Listen, it's a violation anyway, because those signs
are like four by eight and I think the code only allows like four foot signs.
Mr. Prieto: We'll go into the fences now, then.
105 May 24, 1990
Commissioner De Yurre: You know, let's get with the program. guys.
Vice Mayor Dawkins: Along with the fences, at Northwest 41st Street and 17th
Avenue, as you turn headed south to go up on the Expressway, it's a lot of
signs there that should come down.
Mr. Prieto: Northwest...
Vice Mayor Dawkins: Seventeenth Avenue and 41st Street.
Mr. Prieto: We'll send someone.
Commissioner Plummer: No but you... Mr. Manger, we realize on private
property, you cannot go and take down a sign. But by God, if it's in
violation of code, you can go in and write them a notice of violation.
Mr. Odio: We are. But if they don't take them down, all we can do then is
bring them to the Code Enforcement Board and fine them and go on and on.
Every single time, we have had a report or in the public right-of-ways, like
you pointed out, you say nothing has been done, you pointed out on the 12th
Avenue, in the five corners, and they were down, the next morning.
Commissioner Plummer: There were seven down there.
Commission- Plummer: They are down.
Mr. Odio: And we took them down ,and I sent you the pictures.
Commissioner Plummer: And they are back up again.
Commissioner Alonso: No, no. It was clear.
Mr. Odio: No. It is not up.
Commissioner Alonso: Two days ago it was.
Commissioner Plummer: But that last a day.
Mr, Odio: Well, I guess we'll have to keep on going back. You know, that's
the only way we can deal with politicians.
Commissioner Plummer: Yes. But we sure as well know how to deal with ex -City
Managers.
Commissioner De Yurre: I'll just want to see something done about it.
Mr. Prieto: Yes, sir.
Commissioner De Yurre. Whatever it takes, you know, I mean like, there's got
to be something that can be done. I think just a matter of going through and
then doing it. Knock on doors, cite them, you know, start doing a little bit
of this heated up work, to take them down.
Mayor Suarez: OK. Accelerate the effort, please, so that we can see some
results.
106 May 24, 1990
AIL
21. EMERGENCY ORDINANCE: AMEND CODE SECTION 54.5-1, 54.5-12(D)(3), 54.5-
12(D)(8) ANI) 54.5-15 - DEFINE PUBLIC AND PRIVATE EASEMENTS - PROVIDE
REQUIREMENTS FOR ACCESS AND STREET FRONTAGE. - PROVIDE MECHANISM TO
PERMIT ENCROACHMENTS ON OR IN RIGHTS -OF -WAY OR EASEMENTS.
Mayor Suarez: I will entertain a motion on item 8.
Commissioner Alonso: I have some questions. Dr. Prieto, could you give me
some examples of how are you going to encroach on private easements and what
kind of thing are you going to do? Give me an example on it.
Mr. Prieto: Well, an example is a case that brought this to light. For
example, Pan American Hospital had an easement with South Water Florida
Management District, Water Management District never used that easement, but
they had a right to use it. So they had the construction of an annex to the
hospital, which in fact, they pulled permits for and they could not proceed
until that easement had been evacuated from the property. The process that we
presently have is very cumbersome, it means they have to go to replatting. As
you know, replatting is a process that takes, sometimes six months. So, we
will now define through this instrument, private easement, that will be a case
of a private easement versus a public easement where the process should be a
little more - going through the public involvement process of having
presenting before the Zoning Board, presenting before you, Street and
Platting.
Commissioner Alonso: Platting was really extreme... thing to do. OK.
Mr. Prieto: Yes. In this particular case, the Pan American Hospital has a
lot of funds that they would stand to lose if they have to go through the
replatting process, so we presented this as an emergency ordinance to get them
off, but in fact, Jackson Hospital has the same problem and the Alanco
property also has the same problem. So, it seem to be recurring a lot and
this would eliminate this backlog.
Commissioner Alonso: OK. No problem.
Commissioner De Yurre: Are you just redefining the access or...
Mr. Prieto: We're redefining... clarifying the word easement here and
separating it into private easement and public easement. Private easement is
where there is one entity that is the user of that easement, public easement
is where the public in general have to use these.
Commissioner De Yurre: OK. So, as a result of this ordinance, we may be
giving easements, private easements to these entities that they don't enjoy at
this point in time.
Mr. Prieto: Not only ourselves. For example, in this particular case, Pan
American Hospital and the South Florida Water Management District had this
easement arrangement. That's an arrangement between them to, but since the
word easement was so general, they were forced to replatting, regardless of
what the agreement was. This now states that there is a private easement if
that is vacated, like it has been, in the case between the Pan American and
the South Florida Water Management District, no replatting is required.
Commissioner Alonso: And of course...
Commissioner De Yurre: OK. Now, but you're talking about an existing
easement. Does this allow the creation of an easement, this process?
Mr. Prieto: Of course, both. Creation of easement is still in the code.
This merely redefines the word easement.
Commissioner Alonso: And it could occur anytime.
Commissioner De Yurre: OK.
Commissioner Alonso: Dr. Prieto, this will not affect in any way, the
existing properties that many times, because of the convenience of the project
or what have you, you give five feet and the telephone lines go in the back of
the property, or in the side or whatever. It will not affect any of those
existing conditions?
Mr. Prieto: No. That remains the same, it merely defines which will be a
private which will be a public.
Commissioner Alonso: OK. Fine, thank you.
Mayor Suarez: All right. On item 8, then entertain a motion.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If. not, please state the emergency,
read the Ordinance. Call the roll.
AN ORDINANCE ENTITLED-
A_N EMERGENCY ORDINANCE AMENDING SECTIONS 54.5-1, 54.5-
12 (D)(3), 54.5-12 (D)(8) AND 54.5-15 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, DEFINING
PUBLIC AND PRIVATE EASEMENTS; PROVIDING THE
REQUIREMENTS FOR ACCESS AND STREET FRONTAGE OF A
PARCEL, OR LOT; PROVIDING A MECHANISM TO PERMIT
ENCROACHMENTS ON OR IN RIGHT(S)-OF-WAY OR EASEMENTS;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE.
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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Alonso and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10730,
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING SECOND ROLL CALL:
Commissioner Plummer: For the record, state the emergency.
108 May 24, 1990
Mr. Prieto: Yes. The emergency is in this case, Pan AmFrican Hospital stands
to lose substantial funds for their addition wings for construction...
Commissioner Plummer: I vote, yes.
----------------------------------------------------------------------------------
22 (A) EMERGENCY ORDINANCE: AMEND 9743 BY INCREASING RESOURCES AND
APPROPRIATIONS TO THE PARK DEVELOPMENT FUND.
(B) DESIGNATE BII,L WOLFARTH PARK AS OFFICIAL NAME OF CITY -OWNED PARK
LOCATED AT 2000 S.W. 24 STREET.
------------------------------------------------------------------------------
Mayor Suarez: Item 9, Emergency Ordinance, Park Development Fund, increasing
its resources by the amount of $130,132.
Commissioner Alonso: Yes. We love donations, I so move.
Mayor Suarez: Yes. So moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? Please.
Mr. Don Derez: I'll like to bring up something if I may, Mr. Mayor. My name
is Don Derez, I am with the Silver Bluff Homeowners Association, I'm at 1852
SW 24th Street. Mr. Mayor, City Commissioners, - I got it right this time.
In 1988 the City of Miami conducted a study of our neighborhood through the
Miami Comprehensive Plan, and in Volume I, in our area, described as bounded
by SW 16th Street, South Dixie Highway, SW 37th Avenue, which includes our
Silver Bluff Homeowners Association, the study found that the citizens
residing within this boundary have the highest percentage of homeownership in
the City of Miami. Most importantly, one of the goals of the Miami
Comprehensive Plan is to increase and improve the amount of open space and
recreational opportunities within the neighborhood. The City has one third of
an acre, over one third of an acre, of zone park land at 2000 SW 24th Street.
The Silver Bluff Homeowners Association request that $15,000 of undesignated
funds from the Park Development Fund be used to initiate the development of a
park at 2000 SW 24th Street. Mr. Ruder and his staff at the Parks and
Recreation and Public Facilities Department have supported the development of
a passive park at that location. Furthermore, the Silver Bluff Homeowners
Association is seeking grant funds with a proposal to the South Florida Water
Management District for the enhancement of that park as a Xericscape showcase
of drought tolerant plants and urban wildlife refuge. The association would
like the Commission to name this park after a former City Commissioner, Bill
Wolfarth, who is a longtime resident of our community, over 50 years and Mayor
of the City of Miami, from 1949 to 1951. Within our neighborhood, there is
not a single park or even a piece of open space, within that large piece of
area. Please designate $15,000 of the undesignated funds for the development
of Bill Wolfarth Park at 2400 SW 24th Street and improve the quality of living
in our. community. Thank you.
Commissioner Alonso: Can we include this in the motion?
Commissioner Plummer: Sure, why not?
Mr. Jorge Fernandez: No.
Commissioner Alonso: No?
Mayor Suarez: Or, we'll do it as a separate motion, either way, whatever is
the easiest way. Manager recommends? All right. Take that as a separate
motion first, Commissioner Alonso, if you want.
Commissioner Alonso: OK. We do, and then I move to approve.
Mayor Suarez: Want to pass the ordinance, first?
Mr. Odio: We don't have the money in place until we pass the order.
Mayor Suarez: All. right. Do we have a motion on the Ordinance, yet?
i09 May 24, 1990
Mayor Suarez: Moved and second. OR. Give the, recently emergency and read
the Ordinance if you haven't already done so.
Mr. Odio: This is an emergency basis so that the funds are immediately in
place for improvements to particular parks pursuant to request from the donors
and involved community groups. If not, we would have to wait over sixty days.
Commissioner. Plummer: They would have had to do some planning in the past.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 9743, ADOPTED NOVEMBER 16, 1983, AS AMENDED, WHICH
ESTABLISHED A SPECIAL REVENUE FUND ENTITLED "PARK
DEVELOPMENT FUND", BY INCREASING RESOURCES AND
APPROPRIATIONS TO SAID FUND IN THE AMOUNT OF $130,932;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Alonso and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10731.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS AFTER ROLL CALL:
Mr. Odio: Mr. Mayor, I was going to say that we've been trying to avoid
Emergency Ordinance, but it's my fault, since this month I had recommended
that we only have one meeting, and we had things that had to be done.
Mayor Suarez: In retrospect, it probably wasn't a good idea that day to have
just the one meeting. OR. As to the specific allocation of funds for the
Wolfarth Park.
Commissioner Plummer: So moved.
Mayor Suarez: All right, so moved. Any discussion? If not, please call the
roll. That's just a Resolution, right?
110 May 24, 1990
Mr. Albert Ruder: Do you want to include the renaming of the park officially.
Mayor Suarez: Yes.
Commissioner Alonso: Yes. Of course.
Commissioner Plummer: Very definitely. Miami Herald won't like that Bill,
because you're still alive. Do you? You still have pets in the living room?
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION 110. 90-379
A RESOLUTION DESIGNATING "BILL WOLFARTH PARK" AS THE
OFFICIAL NAME OF THE CITY -OWNED PARK PROPERTY LOCATED
AT APPROXIMATELY 2000 SOUTHWEST 24 STREET, MIAMI,
FLORIDA; ALLOCATING FUNDS TN THE AMOUNT OF $15,000
FROM THE SPECIAL REVENUE FUND ENTITLED "PARK
DEVELOPMENT FUND" FOR THF, DEVELOPMENT OF SAID PARK BY
THE PARKS AND RECREATION DEPARTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Don Derez: Thank you very much, Mr. Mayor.
23. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL. REVENUE FUND: SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN 1990 - APPROPRIATE FUNDS FROM U.S.
DEPARTMENT OF AGRICULTURE (USDA) THROUGH FLORIDA DEPARTMENT OF
EDUCATION - AUTHORIZE MANAGER TO ACCEPT GRANT.
---------------------------------------------------------------------
Mayor Suarez: Item 10, Summer Food Service Program for Children.
Commissioner Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Moved and Second. Any discussion on item 10? If not, read the
Ordinance and give us the reason for the emergency. Call the roll.
Commissioner Plummer: Go away and sin no more.
111 May 24, 1990
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM
FOR CHILDREN 1990" AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $248,678.00
CONSISTING OF A GRANT FROM THE UNITED STATES =_
DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA
DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER
TO ACCEPT THE GRANT AWARD FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY -
ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT AND _
IMPLEMENTATION OF SAID PROGRAM, IN ACCORDANCE WITH
APPLICABLE CITY CODE PROVISIONS; 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
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:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10732.
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.
24. CONDITIONALLY AUTHORIZE METROPOLITAN DADE COUNTY, ON BEHALF OF THE CITY
OF MIAMI, TO ADVERTISE FOR, EVALUATE AND ACCEPT BIDS OF VENDORS TO
PROVIDE USDA APPROVED MEALS TO ELIGIBLE CHILDREN DURING THE SUMMER OF
1990.
------------------------------------------------------------------------------
Mayor Suarez: Item 11. Companion item, I gather.
Vice Mayor Dawkins: Move it.
Mayor Suarez: Moved by Vice Mayor Dawkins.
Commissioner Alonso: Second.
Mayor Suarez: Seconded by Commission Alonso. Any discussion? If not, please
call the roll on that item.
Commissioner Plummer: We are not getting backin the Dietcraft, are we?
112 May 24, 1990
Unidentified Speaker: No. Construction.
Commissioner Plummer: No, I'm in court right now with Dietcraf.t. They got
me drug into court.
Mayor Suarez: Call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 90-380
A RESOLUTION CONDITIONALLY AUTHORIZING METROPOLITAN
DADE COUNTY ON BEHALF OF THE CITY OF MIAMI TO
ADVERTISE FOR, EVALUATE, AND ACCEPT THE BID(S) OF A
VENDOR OR VENDORS TO PROVIDE UNITED STATES DEPARTMENT
OF AGRICULTURE (USDA) APPROVED MEALS TO ELIGIBLE
CHILDREN DURING THE SUMMER OF 1990 AND FURTHER,
FOLLOWING CITY COMMISSION REVIEW AND APPROVAL
AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO A
CONTRACT(S) AND/OR AGREEMENT(S) WITH THE SUCCESSFUL
BIDDER(S).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-----------------------------------------------------
25. SECOND READING ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS TO
PROJECT: COCONUT GROVE EXHIBITION CENTER - RENOVATION AND EXPANSION
(PROJECT 415002) AS CONTRIBUTION FROM MIAMI SPORTS AND EXHIBITION
AUTHORITY.
Mayor Suarez: Item 12.
Commissioner Plummer: I moved it before, I'll move it again.
Commissioner Alonso: Yes. Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please read
the Ordinance. Call the roll.
A14 ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED
"COCONUT GROVE EXHIBITION CENTER - RENOVATION &
EXPANSION", PROJECT NO. 415002, I14 THE AMOUNT OF
$175,000, AS A CONTRIBUTION FROM MIAMI SPORTS AND
EXHIBITION AUTHORITY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 24, 1990, was
taken up for its second and final reading by title and adoption. On motion of
113 May 24, 1990
a
Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10733.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE AFTER ROLL CALL.
Mayor Suarez: Would you mind in the future, it's not a big issue, restating
that in terms of a transfer from a City agency to the City, not necessarily a
contribution? That makes it sound like they are doing it out of the kindness
of their own hearts. It might be misinterpreted by people as some kind of a
donation or something.
------------------------------------------------------------------------------
26. SECOND READING ORDINANCE: AMEND CODE, CHAPTER 54 (STREETS AND
SIDEWALKS), AND SECTION 54-104 (NONSTANDARD STREET WIDTHS) - MODIFY
WIDTHS OF CERTAIN STREETS.
--------------------------------------------------------------
Mayor Suarez: Item 13. Second Reading.
Commissioner Plummer: I moved it before, I'll move it again.
Mayor Suarez: So moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI. FLORIDA. AS AMENDED, ENTITLED 'STREETS
AND SIDEWALKS' BY AMENDING SECTION 54-104 ENTITLED
'NONSTANDARD STREET WIDTHS', BY MODIFYING THE WIDTHS
OF CERTAIN STREETS; ESTABLISHING AN EFFECTIVE DATE;
AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of May 24, 1990, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Vice Mayor Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Conunissioner J. L. Plumner, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez.
NOES: None.
ABSENT: None.
114 May 24, 1990
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10734.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and to the public.
COMMENTS MADE AFTER ROLL CALL.
Mayor Suarez: Make sure the record reflects the hand gesture by Commissioner -
Plummer, the old time No. 1, Mr. "Tacano" and the history of the City of -
Miami. -
------------------------------------------------------------------------------ -
27. SECOND READING ORDINANCE; AMEND 10642 - INCREASE APPROPRIATION FOR S.W.
6TH STREET STORM SEWERS (PROJECT 352252) - FROM 1984 STORM SEWER GENERAL
OBLIGATION BONDS.
Mayor Suarez: Item 14.
Commissioner Plummer: I move it.
Mayor Suarez: Moved.
Vice Mayor Dawkins: Second. Under discussion.
Mayor Suarez: Seconded. Vice Mayor Dawkins.
Vice Mayor Dawkins: What's the amount of money left in this Storm Sewer
Obligation Bond?
Commissioner Plummer: Not much.
Mr. Luis Prieto: Right. The total amount on the Storm Sewer...
Vice Mayor Dawkins: Left.
Mayor Suarez: What do we have left?
Mr. Luis Prieto: Left. I think we have right now around seven million
dollars left.
Vice Mayor Dawkins: Seven million dollars?
Mr. Luis Prieto: Yes, sir.
Vice Mayor Dawkins: OK. Thank you.
Mayor Suarez: Very good. OK. Has the Ordinance been read? Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
INCREASING THE APPROPRIATION FOR SOUTHWEST 6TH STREET
STORM SEWERS, PROJECT NO. 352252, IN THE AMOUNT OF
$105,000 FROM 1984 STORM SEWER GENERAL OBLIGATION
BONDS, CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 24, 1990, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Vice Mayor Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
115 May 24, 1990
AYES: Commissioner Victor De Yurre
Commissioner. J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0, 10735.
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.
---------------------------------------------------------------------------------
28. SECOND READING ORDINANCE; AMEND 10642 - INCREASE APPROPRIATION FOR
MORNINGSIDE STREET IMPROVEMENTS - FROM 1984 STORM SEWER GENERAL
OBLIGATION BONDS.
Mayor Suarez: Item 15.
Commissioner. Alonso: Move.
Mayor Suarez: Second reading, $200,000 for Morningside Street improvements.
Commissioner Plummer: Second.
Mayor Suarez: Moved and Seconded. Any discussion? If not, read the
Ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
INCREASING THE APPROPRIATION FOR THE EXISTING PROJECT
ENTITLED "MORNINGSIDE STREET IMPROVEMENTS" IN THE
AMOUNT OF $200,000 FROM 1984 STORM SEWER GENERAL
OBLIGATION BONDS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of May 24, 1990, 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10736.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City ConLmission and
to the public.
116 May 24, 1990
--------------------------------------------------------------- ------------.---_-- b-
29. SECOND READING ORDINANCE; AMEND CODE, SECTION 2-75(E)(4) - SHORTEN
PRESENTLY INSTITUTED 45 DAY PERIOD REQUIRED TO BRING A ZONING VIOLATION
BEFORE CODE ENFORCEMENT BOARD TO 30 DAYS.
-------------------------------------------------------------------------------
Mayor Suarez: Item 16.
Commissioner Alonso: Moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and Seconded. Any discussion on 16? I£ not, please read
the Ordinance. Call the roll.
AN ORDINANCE AMENDING SECTION 2-75(E)(4) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
SHORTENING THE PERIOD BETWEEN THE DATE OF' A ZONING
INSPECTOR'S OBSERVATION OF A ZONING VIOLATION AND THE
DATE UPON WHICH THE PROPERTY OWNER WILL BE REQUIRED TO
APPEAR BEFORE THE CODE ENFORCEMENT BOARD IN REGARD TO
SUCH VIOLATION FROM FORTY-FIVE (45) DAYS TO THIRTY
(30) DAYS, UNLESS OTHERWISE PROVIDED IN CITY CODE
SECTION 2-394(C); CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of May 24, 1990, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Alonso, seconded by Vice Mayor Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10737.
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.
30. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE, SUBJECT TO ELECTION, OF
$30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT BONDS - CALL AN
ELECTION FOR SEPTEMBER 4, 1990.
-----------------------------------------------------------------------------------
Mayor Suarez: Item 18.
Mayor Suarez: So precise... Director of Public Works.
Mr. Odio: This is the election on the...
Commissioner Alonso, Bonds.
Mr. Odio: Local Street and Drainage Improvement Bonds.
Vice Mayor Dawkins: I move it again so that the voters can tell us, no.
117 May 24, 1990
Mayor Suarez: So moved.
Commissioner Plummer: From the last results, I've got a second or it doesn't
go.
Mr. Odio: Car I ask you a question? I've been thinking about this. We can
recommend fifteen million and go for it, we would spend that in three years
instead of... go to ten.
Commissioner Plummer: I don't think it will make any difference.
Vice Mayor Dawkins: Here we go again, playing games with the public.
Mr. Odio: No. I'm not playing games, Commissioner.
Vice Mayor Dawkins: If you need thirty million... - well, why in the hell are
we asking for thirty million if we don't need thirty million?
Mr. Odio: Because the thirty million are for a period longer of time, where
if we cut down to fifteen, we would be shorted.
Vice Mayor Dawkins: I withdraw my motion.
Mr. Odio: No, no. I'm sorry I asked the question.
Vice Mayor Dawkins: No. I withdraw my motion. I'm not going to be a part of
hoodwinking the public.
Mr. Odio: Now, you lost your fifteen.
Vice Mayor Dawkins: Either they need thirty million, now you want to change
it to fifteen because you think the public will vote for fifteen million,
where they will not vote for thirty million.
Mr. Odio: We can spend fifteen in five years, or thirty million dollars in
ten years.
Mr. Luis Prieto: May I clarify here?
Commissioner Plummer: Well, you know...
Commissioner Alonso: They said no in September '88.
Commissioner Plummer: Yes. But I...
Vice Mayor Dawkins: But, we have to give them a right to say no again.
Commissioner Plummer: That's the point. You know, it doesn't cost us
anything to have them, to have the right to say yes, or no.
Commissioner De Yurre: Fifty thousand dollars.
Mayor Suarez: Will this be accompanied by informational circulars, whatever
that states...
Commissioner De Yurre: True or not true?
Commissioner Alonso: Well, that's fifty thousand later.
Commissioner Alonso: We should give them... if this is in the ballot, we
better give them information.
Mayor Suarez: Wait a minute, because sometimes we end up getting God knows
who, to do these - that state, what projects will be built and also the
equivalent on a per day basis, or preferably per second basis of what it will
cost the tax payers, like you know, one cup of coffee a day or something, that
kind of stuff.
Mr. Odio: Yes That will be done.
Mr. Prieto: Yes.
118 May 24, 1990
Commissioner Alonso: Can we give them information that it's free public
service?
Mr. Prieto: Yes. In fact, we...
Commissioner Alonso: And lots of it, like we did in that meeting, all through
the City?
Mr. Prieto: Yes, Ma'am. We are preparing a tape right now in English and
Spanish.
Mayor Suarez: All right. So what then to satisfy the concerns of the Vice
Mayor? Is the recommended amount without...
Commissioner Plummer: I'll move the thirty.
Vice Mayor Dawkins: Second.
Mayor Suarez: So moved and seconded by the Vice Mayor. Any discussion? If
not, please read the Ordinance.
Mr. Fernandez: Excuse me, Mr. Mayor. I need to be clear. The amount remains
thirty million?
Commissioner Plummer: That's what I said.
Mr. Fernandez: All right.
AN ORDINANCE -
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION AS
HEREIN PROVIDED, OF NOT TO EXCEED THIRTY MILLION
DOLLARS ($30,000,000) LOCAL STREET AND DRAINAGE
IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA, FOR
THE PURPOSE OF PAYING THE COST OF LOCAL STREET AND
DRAINAGE IMPROVEMENTS; CALLING AN ELECTION FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION OF
WHETHER SUCH ISSUE OF BONDS SHALL BE ISSUED; AND
PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 24, 1990, was
taken up for its second and final. reading by title and adoption. On motion of
Commissioner Plummer, seconded by Vice Mayor Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Commissioner Victor De Yurre
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE 140. 10738.
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.
119 May 24, 1990
A
31. SECOND READING ORDINANCE; AUTHORIZE A BOND ELECTION TO BE HELD ON
SEPTEMBER 4, 1990, CONCERNING ISSUANCE OF $30,000,000 LOCAL STREET AND
DRAINAGE IMPROVEMENT BOND.
Vice Mayor Dawkins: Move 19.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. As to the amount and the purpose
therefore. Any discussion? If not, please read the Ordinance.
Commissioner Plummer: Wait, let me ask a foolish question real quick -like.
Why isn't this entire project come with under the purview of Water and Sewer
Department of Dade County?
Mr. Prieto: This is storm utility.
Commissioner Plummer: What difference does that make?
Mr. Prieto: They only handle fresh water and waste water, sir. They do not
handle storm water.
Vice Mayor Dawkins: So what is storm water, but fresh water.
Mr. Prieto: They are a separate systems.
Commissioner Plummer: Is storm water, not rain water?
Mr. Prieto: That's right.
Commissioner Plummer: Isn't that fresh water?
Mr. Prieto: Not necessarily, sir. First flush is contaminated water.
Commissioner Plummer: OK. Thank you.
Mr. Fernandez: We'll read the ordinance.
Commissioner Plummer: Read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.
Commissioner Plummer: For the record.
Mr. Prieto: Yes, sir.
Commissioner Plummer: How much of this City do we presently have with Storm
Sewers?
Mr. Prieto: Right now, under new State and DERM rulings, let's say, about
twenty-five percent, sir.
Commissioner Plummer: That's all?
Mr. Prieto: Yes. We used to be more, but in fact, in the last two or three
years, a number of rul.ingG had come out of the State that had made some of our
facilities, obsolete, unfortunately, sir.
Mayor Suarez: How much is sanitary sewers?
Mr. Prieto: Sanitary is presently, ninety seven percent complete.
Mayor Suarez: What's missing?
Mr. Prieto: All the South Grove, sir, and Watson Island.
Commissioner Plummer: What about Virginia Key?
120 May 24, 1990
0
Mr. Prieto: Virginia Key does not have a storm sewer system.
Commissioner Plummer: No, sanitary.
Mr. Prieto; Does not have a sanitary.
Commissioner Plummer: Well then, you can't say that it's...
Mayor Suarez: Well, of the area that is populated, I guess.
Mr. Prieto: The area that we have in Virginia Key is nonresidential or
commercial.
Mayor Suarez: Who makes a determination then on the sanitary sewering of
South Grove?
Mr. Prieto: I do, sir.
Mayor Suarez: With some input from us, I take it.
Mr. Prieto: Yes.
Commissioner Alonso: I was going to put this for discussion but then the...
Mayor Suarez: No. I just want to know. At this point, let's...
Commissioner Alonso: .. neighbors of the area said they wanted to wait a
little longer.
Mayor Suarez: Exactly.
Commissioner De Yurre: I'm in no hurry.
Mayor Suarez: I know they don't want it, that's why I want it to come to us
so they can let us know and...
Mr. Prieto: They are preparing...
Commissioner Alonso: It's possible to keep them off the sanitary sewers.
Mr. Prieto: Not strictly. They would have to come to you, you would have to
approve it, and then you would have to petition the County to remove it from
the master plan.
Commissioner Alonso: Exactly, but we can go through the process and finally
being able to maintain Coconut Grove as they have it now.
Mr. Prieto: Yes, Commissioner.
Mayor Suarez: OK. I'm sorry then, the item that we are up to is item 207
Mr. Odio: Yes, sir. I'll like to amend that where it says, where the funds
are coming from, it would be from the Public Works Department Budget.
Mayor Suarez: OK. Have we... he seems so happy about it. We haven't called
the roll on 19?
Ms. Matty Hirai: No, sir. I would like to.
Mayor Suarez: Have we read the Ordinance on 19?
Mr. Fernandez: Yes, I did. I read the Ordinance.
Mayor Suarez: Please call the roll on 19.
121 May 24, 1990
AN ORDINANCE -
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AUTHORIZING A BOND ELECTION TO BE HELD ON SEPTEMBER 4,
1990, WITH RESPECT TO THE ISSUANCE OF NOT TO EXCEED
$30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT
BONDS OF THE CITY OF MIAMI, FLORIDA, AND THE LEVYING
OF A TAX TO PAY THE PRINCIPAL AND INTEREST THEREON; _=
ESTABLISHING A FORM OF THE NOTICE OF BOND ELECTION; =
ESTABLISHING A FORM OF THE OFFICIAL BALLOT FOR SAID
ELECTION; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO
TAKE ACTIONS REQUIRED IN CONNECTION THEREWITH; AND =_
PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 24, 1990, was
taken up for its second and final reading by title and adoption. On motion of
Vice Mayor Dawkins, 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 J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso.
Commissioner Victor De Yurre
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10739.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
----------------------------------------------------------------------------------
32. ALLOCATE $25,000 FOR VOTER EDUCATION PROGRAM CONCERNING $30,000,000
LOCAL STREET AND DRAINAGE IMPROVEMENT BONDS - ELECTION CALLED FOR
SEPTEMBER 4, 1990.
Mayor Suarez: Item 20.
Mr. Odio: Again, let me repeat. The funds are from the Public Works
Department Budget
Mayor Suarez: OK. You can tell he's happy about that. I entertain a motion
on it.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Mayor Suarez: I'll second it. It has no chance of passing without it. I'm
not sure if it will pass with it.
Vice Mayor Dawkins: Any further discussion? Cali the roll. _
THEREUPON MOTION MADE BY COMMISSIONER PLUMMER AND SECONDED BY =
MAYOR SUAREZ, ITEM 20 FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriain Alonso
Conunissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
ABSENT: None.
122 May 24, 1990
Commissioner Plummer: Well, hold on then. Whoa! if you're going to do that,
then I think we better go back and revisit the first two issues because -
without some kind of an educational. program, I, as a voter would not vote for
it. And as far as I am concerned...
Vice Mayor Dawkins: Then, there's nothing that says that the City of Miami
cannot print informational brochures and mail them out at less than $50,000.
Commissioner Plummer: Oh. Fine. Mr. Manager, can you propose a program to
inform the public of what this contains? Then I'll go along with it.
Mr. Odio: Say, without any money?
Vice Mayor Dawkins: I dial not say without money.
Commissioner Alonso: He said less money.
Vice Mayor Dawkins: I didn't say without any money, I said with less than
$50,000.
Mr. Odio: I don't know what the mailing... The mailing alone would cost
twenty-five.
Commissioner Plummer: Well, you don't have to mail. What we have done in the
past, is we... the sanitation workers were distributing it.
Vice Mayor Dawkins: But you all have laid off all my sanitation workers, I
don't have enough to put it out.
Mr. Odio: Cut it down to thirty.
Commissioner Plummer: What?
Vice Mayor Dawkins: You all have laid off all my sanitation workers, I don't
have enough to put them out.
Commissioner Plummer: Well, you know, we can play all kinds of games but...
Vice Mayor Dawkins: They'll be glad to put them out.
Commissioner Plummer: What I'm saying to you is, if you're not going to
educate the people, then don't put the bond issue.
Vice Mayor Dawkins: I'm for educating the people but I don't think it takes
$50,000, J.L.
Commissioner Plummer: All right, would you, would then, would you want to go
thirty - will that be agreeable?
'Dice Mayor Dawkins: I say twenty-five.
Commissioner Plummer: Twenty-five, I'l.l agree to that. The Manager will have
to work with what he's got. I'll move it at twenty-five.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and seconded. Withdraw the prior motion then, and call
the roll.
123 May 24, 1990
The following resolution was intr.odi.iced by Commissioner. Plummer, who
moved its adoption:
RESOLUTION NO. 90-381
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$25,000 FROM PUBLIC WORKS DEPARTMENT BUDGETED FUNDS IN
SUPPORT OF AN EDUCATIONAL PROGRAM TO BE CONDUCTED BY
THE CITY MANAGER FOR THE PURPOSE OF INFORMING AND
EXPLAINING TO THE VOTERS OF THE CITY OF MIAMI Tk7E
ELEMENTS INVOLVED IN REGARD TO THE VOTERS'
CONSIDERATION OF THE QUESTION OF AUTHORIZING
$30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT
BONDS OF THE. CITY OF MIAMI, SUCH QUESTION TO APPEAR ON
THE BALLOT AT THE SEPTEMBER 4, 1990 SPECIAL ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
------------
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Commissioner Miriam Alonso,
Commissioner Victor De Yurre
None.
33. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: SOLID
WASTE REDUCTION: RECYCLING AND EDUCATION (FY'90) - APPROPRIATE FUNDS
FROM STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATIONS,
RECYCLING PROGRAM GRANT.
Mayor Suarez: Item 21. Solid Waste Reduction Recycling and Education
appropriating funds for the development and implementation.
Mr. Odio: It is to establish a special revenue fund entitled Solid Waste
Reduction, Recycling and Education FY 190 - these funds for the development
and implementation of same in the amount of $585,808. This is a grant from
the State Department of Environmental Regulation.
Mayor Suarez: How are we doing on the pilot program, or the..
Mr. Odio: Oh, I... Mr. Mayor...
Mayor Suarez: ... demonstration project in terms of people participating and
success rate and so on?
Mr. Odio: I have talked to Commissioner Dawkins about my concerns about
recycling. The more I see about the test plan, the more concerned I am that,
as usual, the State legislates and they put burdens on the local communities
but they don't give us any money. The future of recycling is going to be
very, very expensive... I want to warn you about that... we need to take a
very close look at this... this is very serious. You could actually be
talking about a lot of employees picking up recycling materials. You also
have... you could have routes over routes picking up after the garbage comes
by then you have a recycling truck going by, you could have an accident on the
corner with so many trucks going by. We really need to take a serious look at
recycling... I think at some point, we need to tell the State how we feel
about it because since they were the ones that legislate it. But you are
talking about a substantial cost increase in the Solid Waste Department in the
future, if we don't monitor recycling very closely.
Mayor Suarez: I just wanted to know how many people were participating.
124 May 24, 1990
Commissioner Plummer: bell, let me tell you what. I think...
Mr. Odio: Well... Right... No, no.
Commissioner Plummer: ... is the joke.
Mayor Suarez: Is the participation rate increase any limit? Let me just see
if we have that. Is that participation rate increase and people sort of
getting more use to it?
Mr. Odio: It depends on what area.
Mr. Joseph Ingraham: Yes, the rate now is at forty percent. Forty percent
participation at the current time.
Mayor Suarez: Of the ones that have the containers?
Mr. Ingraham: Yes.
Mayor Suarez: OK.
Mr. Ingraham: And we recently added three thousand additional homes - we are
up to ten thousand six hundred.
Vice Mayor Dawkins: The only thing that's getting us, Mr. Mayor, is that, at
both of the recycling conferences that Mr. Ingraham and I went to, everybody
from Washington and every place else, explained to us that, they were giving
us money to educate the public in recycling, but once the demonstration money
no longer existed, they expected us to continue the recycling program. Now,
the biggest problem we're going to have, is that, once we get to recycling
everything that we are recycling... let's say newspaper... newspaper will
probably drop down to .30C a hundred pound, .20C a hundred pound and nobody is
going to buy it, what are we going to do with it? Along is going to come the
plastics, plastics is going to gear up, the market will dry up... what are we
going to do with it? Now, along with that, we will still have all of the
personnel that we have taken and placed even though, to collect these
recyclables when the program is over, we have to assume them because we can't
lay them off. So I was telling the Manager and I would like for each of us to
think about it, we need to make sure that as we purchase equipment, that it's
equipment that we can use and not buying these pretty recyclable trucks that
look nice running down the street telling people to recycle and when it's
over, what you're going do with them?
Mr. Odio: That's what I am saying, we should accept this grant at some point
in the very near future. We need to say... we might not want to participate —
in this. =-
_ Mayor Suarez: Also, consider Mr. Manager, looking at other local legislation
on containers that are not disposable, that are for deposit and return and so -_
on, that will otherwise lead people and create an incentive for them to
recycle and have a built-in economic incentive. We don't have those, I don't
believe, in the County or the City of Miami.
Mr. Odio: Well, I'm looking at the... I ordered them to look at the Seattle
program which has a lot of incentives attached.
Mayor Suarez: Yes. If you hit him from all sides, pretty soon people will
get the idea that you can't just discard paper, bottles, plastics and then you
have to buy the right kinds of containers... stop using the junk.
Vice Mayor. Dawkins: Also Mr. Mayor, in Clearwater, Clearwater is using their
money to purchase bins and the citizens go by and drop the recyclable in the
bins.
Mayor Suarez: Thank you, thirty...
Vice Mayor Dawkins: ... And then we come by and pick up the bins and take
them and dump them.
- a
s
Mayor. Suarez: Thirty years ago, I remember doing that in the outside of
Washington DC, you have to take the newspapers to a selected site, the garbage
department, solid waste department just wouldn't pick it up. You had to take
125 May 24, 1990
it top- place yourself to the local high school, to a parking lotand they
would pick it, up. And maybe, Vice Mayor's st_iggpstion of having the bins in --
appropriate places reasonably close, where people can walk a block, two
G
blocks, whatever...
Mr. Odio; What Commissioner Dawkins and I have been talking about is, looking =
at the design of a truck that can pick up both recycling and garbage.
Mayor Suarez: That also sounds interesting. We have the trucks out there, we
have the built in fixed cost of having the plant, the equipment, the employees
out there, why not? The marginal expenditure of picking up additional stuff
while you're out there, any economist will agree with that.
Mr. Odio: I just wanted to warn you because recycling sounds like apple pie
and it's very complicated.
Mayor Suarez: But if you hit him from all sides, it almost pays for. itself,
I'm convinced of it. All right, as to the item before us, we have a motion,
do we? Do we have a motion Madam City Clerk? I entertain a motion on 21,
accepting the grant.
Vice Mayor Dawkins: So moved and second.
Mayor Suarez: So moved and seconded.
the Ordinance. Call the roll.
AN ORDINANCE ENTITLED -
Any discussion? If not, please read
AN ORDINANCE WITH ATTACHMENT, ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION:
RECYCLING AND EDUCATION (FY'90)"; APPROPRIATING FUNDS
FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN
ACCORDANCE WITH SECTION 403.706(4), FLORIDA STATUTES,
IN THE AMOUNT OF $585,808, CONSISTING OF .A RECYCLING
PROGRAM GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL REGULATION, IN ACCORDANCE WITH THE STATE
OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17-716
AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Vice Mayor
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
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.
12E May 24, 1990
r,-I
LA
E
34. APPROVE ADMINISTRATION'S DECISION TO REJECT PROTEST FROM NATIONAL
ECONOMIC RESEARCH ASSOCIATIONS, INC. CONCERNING RFP FOR A MINORITY /
WOMEN OWNED BUSINESS ENTERPRISE DISPARTTY REPORT AND MINORITY OWNED
BUSINESS UTILIZATION PLAN.
Mayor Suarez: Item 23.
Vice Mayor Dawkins: Move i.t.
Mayor Suarez: Moved.
Commissioner Plummer: What happened to 22?
Vice Mayor Dawkins: It was withdrawn.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Twenty-three is withdrawn also?
Commissioner Alonso: Twenty-two is.
Mayor Suarez: Right. Item 23. We have a motion and a second. Any
discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 90-382
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST RECEIVED FROM NATIONAL
ECONOMIC RESEARCH ASSOCIATES, INC. IN CONNECTION WITH
THE REQUEST FOR PROPOSALS FOR A MINORITY/WOMEN OWNED
BUSINESS ENTERPRISE'S DISPARITY REPORT AND
MINORITY/OWNED BUSINESS UTILIZATION PLAN.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
12? May 24, 1990
Ll
35. AUTHORIZE CONTRACT (NOT TO EXCEED $100,000) WITH D.J. MILLER AND
ASSOCIATES TO CONDUCT A MINORITY / WOMEN OWNED BUSINESS ENTERPRISE
DISPARITY STUDY AND PREPARE REPORT, WITH RECOMMENDATIONS AND A
UTILIZATION FLAN -- IF OFFER IS NOT ACCEPTED, MANAGER IS AUTHORIZED TO
NEGOTIATE WITH A SECOND GROUP.
------------------------------------------------------------------------------------
Mayor Suarez: Item 24.
Vice Mayor Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: No. I got a question on that. I want to tell you
something. $125,000 for a study, I want to know what they are going to do.
It's going to be so time consuming to equate to a hundred and twenty-five...
I'm assuming this is all a study and there is not much expenses involved as
far as travel or that is concerned.
Ms. Adrienne Macbeth: It is a study figure. The Dade County is spending over
four hundred thousand.
Commissioner Plummer: I couldn't care less what Dade County spends, they
waste more than we do. What are they doing for the money?
Ms. Macbeth: What they are doing for the money, Commissioner, is establishing
the statistical basis that we need to justify our Minority Procurement
Program. In January of last year the Supreme Court ruled that no longer was
it sufficient for cities to establish, first of all, that the disparity
existed between the amount of purchasing that they did with non -minority firms
and minority firms and the amount of minorities in that population. Our
program began about seven years ago and our fifty-one percent goal is based
on the fact that minorities and women make up, over fifty-one percent of the
City's population. We had a study done in 1982 which established for us that,
there had been a severe disparity between the amount of purchasing that had
been done with minority -owned companies and non -minority -owned companies from
the years 1971 to 1981. In the Supreme Court's ruling in the case of the J.A.
Croissant Company versus the City of Richmond, the Court has now said that in
addition to establishing disparity, we have to now establish a relationship
between that disparity and the available and capable minority business face, a
compelling governmental interest for that...
Commissioner Plummer: You're going all around the answer. What... how many
hours are they putting as such, into this study?
Ms. Macbeth: There are representative from the D.J. Miller and Company here,
sir, I think who can address that.
Commissioner Plummer: No. I don't want to hear from D.J. Miller. I'm asking
you in your procedure for an RFP, how many hours of work were envisioned? -
and I'm assuming that's what it was based on.
Ms. Macbeth: The figure... we were locked into the figure of $125,000, sir.
The number of man hours that will be spent to compile the kinds of statistics,
Mr. Plummer, that need to be compiled for this will probably exceed that
number that we have, $125,000.
Commissioner Plummer: And how much are we paying these people an hour?
Ms. Macbeth: We are not computing it by an hourly basis.
Commissioner Plummer: Why, for example, did you not...
Commissioner Alonso: You are doing it by hourly basis... what did you say?
Ms. Macbeth: They are using man hours.
Commissioner Alonso: I see-
128 May 24, 1990
Commissioner Flummer: Why didn't. you choose the firm for 8951,000? - even
that 's...
Ms. Macbeth: Because that firm was not qualified to give us... Commissioner,
if this program is challenged, the Law Department will have to defend it,
perhaps, as high as the Supreme Court. We need a firm that understands what
has to be articulated in that. disparity report. The $95,000 firm and some
others were not qualified to provide that result. In effect, we would be
wasting $95,000 if they didn't provide the result we needed. That is, sir,
a... less than the going rate.
Commissioner Plummer: How, if any, does this relate to the matter presently
before Metropolitan Dade County, in which they are waiting for Judge Scott's
decision?
Ms. Linda Kearson: On Tuesday of this week, Commissioner, the County
reinstated its Minority Set -aside Program.
Commissioner Plummer: Until such time as the decision.
Ms. Kearson: Well, until such time as Judge Scott reaches decision.
Commissioner Plummer: That's correct... I'm assuming that is to be within the
near future of like three to four months.
Ms. Macbeth: About six months.
Ms. Kearson: Well, we have no way of knowing because the study will take them
approximately eight months to be completed. Our program is separate and
distinct from Dade County. We too have to demonstrate disparity in the City
of Miami.
Ms. Macbeth: Let me add a little something too, Commissioner. In addition to
examining the procurement purchasing records of this City, probably, for a
five year period, they're going to have to conduct public hearings, at which
individuals anecdotal testimony will be given. They will have to interview
the entire base of minority businesses not only in the City of Miami, perhaps,
in Dade County. So there is an extreme amount of work that has to be done.
Commissioner Plummer: If the study alone is $125,000 what is this going to
cost the City in it's full totally?
Ms. Macbeth: That's it... I don't under your question beyond... I would
answer nothing more - if I understand your question.
Commissioner Plummer: Well, obviously. If you're talking about using this
and going to Court, there's a lot of legal fees involved in it, normally the
City...
Ms. Macbeth: We are talking about using it, so as to prevent going to court.
Ms. Kearson: No, no. We are trying to use this to prevent going to Court.
Commissioner Plummer: Well, if you don't get challenged, you don't need the
study.
Ms. Macbeth: Yes, we do, sir. Currently...
Vice Mayor Dawkins: They already been challenged.
Commissioner Plummer: No. They say that the challenge in the County is
entirely different from ours. Now, you know, we keep crying poor mouth around
here and we are spending money like water.
Commissioner De Yurre: How much is the County spending on their program, on
their study?
Ms. Macbeth: The County is spending $457,000.
Ms. Kearson: The County is spending approximately $400,000.
Commissioner Plummer: Because they have been challenged.
129 May 24, 1990
Ms. Macbeth: No, they aren't.
Ms. K.eerson: No, no. Commissioner, if I may explain. The Supreme Court,
last January indicated that in order to have a minority set -aside program, you
have to demonstrate there has been historical discrimination within the
governmental entity. We now have a study that was done back in 1982 that
covered the period from 1971-1981. While we have an Ordinance in place now
for minority set asides, that -.tudy predated the Supreme Court's opinion. _
Therefore, we now need to update our study in order to guarantee or to assure
the City of Miami that our order is constitutional. We don't want to be
_ challenged, we want to make sure that we have the mechanism in place that will
support a minority set aside Ordinance.
Commissioner De Yurre: What's the procedure for the study?
Ms. Macbeth: I'm sorry, sir?
Commissioner. De Yurre: What is the procedure for the study?
Commissioner Plummer: Oh, I understand what they are saying... that's a lot
of money.
Ms. Macbeth: Well, they will have to conduct public hearings. They will have
to interview minority owned businesses throughout the City.
Commissioner De Yurre: How many?
Ms. Macbeth: Oh, probably, I would say, five, six hundred, I would imagine a
sample will be drawn from that group, but we have over nine hundred registered
with us in the City. And they will have to provide individual interviews with
these companies, public hearings and they will have to examine our records in
terms of procurement for about a five year period.
Commissioner De Yurre: What's the time period, time frame for this?
Ms. Macbeth: We've asked them if it could be done within a six month time
frame, sir. And they've said, yes.
Commissioner De Yurre: Five to six hundred business, they are going to talk
to?
Ms. Macbeth: They will probably sample that number but we do have over, well
over that number are registered with us.
Commissioner De Yurre: How many businesses do we have... nine hundred, they
are minority?
Ms. Macbeth: We have nine hundred Hispanic, Black and female registered with
US.
Commissioner De Yurre: Well, why do you need that big a sample?
Ms. Macbeth: They will determine the sample, sir. I'm just saying that the
process will include interviewing minority businesses, having public hearings,
examining the procurement records of the City.
Commissioner De Yurre: OK. But what I'm questioning is, having to interview
two-thirds of the total population.
Ms. Macbeth: That is not a fixed number, Commissioner.
Commissioner De Yurre: Well, then that's why I'm asking, how many are they
going to interview? I need to have a ball park figure, at least. You know,
when you do a survey and with a four percent give or take, you only interview
three hundred out of a hundred thousand voters and you get a sampling. I
mean...
Ms. Macbeth: Commissioner, the company is saying that they will interview a
hundred companies.
130 May 24, 1990
Commissioner De Yurre: So, now, ill of sudden... you know, because we have to
know what we are talking about. You thought it was five to six hundred, now
it's only a hundred.
Ms. Macbeth: They are saying, a hundred will do it.
Commissioner De Yurre: Now, we need to spend a thousand dollars per interview
in the whole scheme of things?
Ms. Macbeth: No, sir. Because in addition to that, they'll have to have the
public hearings and they will also have to examine the records of the City for
the last five years to establish the amount of disparity that does exist.
Commissioner De Yurre: OK. Now, is the City going to provide any man hours
or female hours or...
Ms. Macbeth: In addition to this? - No, sir.
Commissioner De Yurre: How are they going to get this information from us?
Ms. Macbeth: They themselves, will examine the records. The records will
have to be made available to them.
Commissioner De Yurre: Nobody will be assisting in the study from the City?
Ms. Macbeth: Not in terms of assigning anybody to them, I would hope that the
City would make their staff available.
Commissioner De Yurre: Nobody will be assigned from the City to work with the
study, in conjunction with?
Ms. Macbeth: No, sir. Not on a permanent assignment basis, no.
Commissioner De Yurre: On a per need basis?
Ms. Macbeth: Yes, sir. To answer Commissioner Plummer's other question, I
think the Dade County School Board has also conducted their study and they
have not been challenged. What the Court is saying, is that the programs are
all right, Commissioner Plummer, but you have to have this kind of statistical
information in place in order for your to continue your program.
Commissioner De Yurre: When the County does their study, they are doing only
unincorporated areas?
Ms. Macbeth: The County study will only address the needs of Black businesses
because their program is only a Black set aside program.
Vice Mayor Dawkins: It would have nothing to do with Miami Beach, Hialeah,
Bal Harbor, nothing, it would strictly be Dade County.
Commissioner De Yurre: When you think about it, you know, I don't know what
the numbers are but, how many Blacks are there in an unincorporated Dade
County?
Vice Mayor Dawkins: But, we are not interested in Dade County, we are
interested in the City of Miami.
Commissioner De Yurre: No, no, but what I'm saying is, because I think we may
be overlapping here to a great degree.
Vice Mayor Dawkins: Even if we are, the Supreme Court said that we have to do
this, you know. And I don't want to say this but I must say this. It's only
when we get to dealing with the issues that are close to Black folks that we
start worrying about how much money we're spending.
Commissioner Plummer: I thought this was... Was this primarily women?
Commissioner Alonso: And Blacks, female.
Vice Mayor Dawkins: You know, we sit up here and pass, spend dollars and
hundreds of dollars every day, hundreds of dollars every day, and then all of
a sudden you know, we get concerned about dollars.
131 May 24, 1990
Commissioner De Yurre: No. My concern is with studies in general. Because I
don't think I voted for a study in the two -and -a -half years that I've been
here.
Vice Mayor Dawkins: I understand that, OK? You, but I'm just...
Commissioner. Plummer: Isn't this predominantly for women set aside? - it's
for both?
Ms. Kearson: No, it is not, Commissioner. It is for...
Ms. Macbeth: No, sir. Our program is for Hispanic, Blacks and women owned
businesses.
Vice Mayor Dawkins: Minorities in general.
Commissioner Plummer: Minority, in general?
Ms. Kearson: Minority and women, that's correct.
Commissioner Plummer: Wait a minute, what is minority and women? Is women
not a minority?
Ms. Macbeth: No, sir, they aren't. That are an affected class and we have
them involved in our program.
Commissioner Alonso: We are the ones who are left out.
Vice Mayor Dawkins: They cannot be a minority when they make up fifty-two
percent of the general population in the United States of America..
Mayor Suarez: Mathematically, they are the majority in our jurisdiction and
in the United States and...
Vice Mayor Dawkins: Fifty-two percent in America, J.L.
Mayor Suarez: Anyhow, we know what categories we are talking about...
Commissioner Alonso: Yes. I have some questions. Why did...
Commissioner Plummer: Excuse me. What about me as an aff"ected minority?
Commissioner Alonso: What are you?
Vice Mayor Dawkins: You're rich, you don't count.
Commissioner De Yurre: We can't do nothing about you.
Commissioner Plummer: I'm rich.
Commissioner Alonso: Your selection of D.L. Miller and Associates. Why the
recommendation of this one and not the other two that you said are equally
qualified to do the job?
Ms. Macbeth: The criteria that we used, we got a panel of five City
employees, all of whom are a part of the purchasing and contracting process.
That included the departments of Development, General Services Administration,
Planning, and Public Works. And these individuals rated the three proposals
that were submitted according to the qualifications of their principals, their
staff and their subcontractors. The relevant experience in both
constitutional law and Ordinances and programs, statistical research,
particularly, disparity studies, their proposed plan and methodology, their
work program and their level of minority participation, as it related both to
the prime contractor and to subcontractors. These were the criteria that were
used and it was as a result of this, that the D.J. Miller Company was rated,
top, in that three.
Commissioner Alonso: I am concerned with the price. Do you think they will
accept, that the maximum of the price? Because I see that you have here in
the proposed budget, it's two hundred thousand.
132 May 24, 1990
0
Ms. Macbeth: No. $1?_5,000 is the amount that wp have, Commissi_oner., we made
it clear in the interview that that wps the amount and each of the groups
agreed to that.
Commissioner Alonso: So, are they going to do pro bono work?
Ms. Macbeth: To the extent to which that is required to accomplish what we E
would be demanding in that contract, they would have to do it. They have _
agreed that they will provide us with the result that we very clearly spelled
out in the request for qualifications for $125,000.
Commissioner Plummer: Will they do it for a hundred?
Ms. Macbeth: I would have to ask them to respond to that.
Commissioner De Yurre: Were they the lowest bidder?
Commissioner Plummer: Well, no. I asked a question. Will they do it for a
hundred?
Ms. Macbeth: They said no.
Commissioner Plummer: Will the other company do it For a hundred?
Commissioner De Yurre: Were they the lowest bidder?
Commissioner Alonso: Where are the other companies?
Commissioner. Plummer: What?
Ms. Macbeth: It wasn't a bid, sir. It was a request for qualifications.
Commissioner Plummer: I'm not worried about whether it was a bid... I'm
asking a simple question.
Ms. Macbeth: No, I thought I heard someone ask that question.
Commissioner Plummer: OK. I'm sorry.
Commissioner De Yurre: How come there was no bid? - There was no RFP for
this?
Commissioner Plummer: What about the other company, will they do it for a
hundred?
Ms. Macbeth: It was a request for qualification, sir.
Commissioner De Yurre: OK. And they didn't put a price tag on these?
Ms. Macbeth: We understood, every one understood that we only had $1.25,000 to
spend.
Commissioner Alonso: Are the other companies represented, here?
Ms. Macbeth: We have representatives from Steel hector Davis and Harriet Foy:
as well as we have the D.J. Miller. Company, also represented.
Ms. Kearson: May I just say for the record, before you do that, that the only
thing the City Commission can do today, is either accept or reject the
recommendation. You could not select another firm today. We have to start
the process all over again if you did that.
Commissioner Plummer: Why? I understand that they proffered to us three
names that were qualified with the recommendation of one.
Ms. Kearson: No, they did not... - You can speak for yourself.
Mr. Odio: No. They reconinended this one.
Commissioner Plummer: But, did you not say that three of the firms in your
estimation, were qualified?
133 May 24, 1990
'ice" fir'"
Ms. Macbeth: We interviewed three others.
Mr. Odio: We might have said that, but we are recommending this one. D.J.
Miller and sons.
Commissioner Plummer: And we are bound by that recommendation only?
Ms. Kearson: You can either accept it... _
Mr. Odio: In this case, you can reject it if you want and then we'll have to
come back. But I recommend...
Commissioner Plummer: But, why? - then our procedure is wrong.
Commissioner Alonso: Yes, it is.
Commissioner Plummer: Our procedure is wrong.
Ms. Kearson: Under competitive negotiations, the Manager has to contact at
least three firms, if the contract amount is over fifty thousand dollars.
Commissioner Plummer: Correct.
Ms. Kearson: All right. Based on that, he then makes a recommendation to the
City Commission.
Commissioner Plummer: And we accept or reject that.
Ms. Kearson: You accept or reject it and then...
Commissioner Plummer: But, don't we categorically set A, B and C to send to
the Manager to negotiate.
Ms. Kearson: No, sir. You don't... That's another process entirely. You're
talking about the UDP process or...
Commissioner Plummer: Then what we need to do in the future, I guess, is to
change the wording to the effect that the Manager proffers to this Commission,
only the firms that are qualified and we'll make the decision.
Ms. Kearson: You can make that recommendation, yes, sir.
Commissioner Plummer: No, no. We make that the policy.
Ms. Kearson: Or, the policy. Yes, sir. But that's not the way it is now.
Commissioner Plummer: I so move.
Commissioner Alonso: I second.
Mayor Suarez: Moved and seconded. Give me the tenor of the motion, please?
Commissioner Plummer: The tenor of the motion is, rather than the Manager
recommending that we are bound by a recommendation, that he proffer to this
Commission, the names of those companies that he found qualified and we will
make the decision.
Vice Mayor Dawkins: I have to vote no, and against it. I'm not going to let
the Manager choose a selection committee and let the Manager sit down with
these companies and then instead of him selecting one, select three and tell
me these three are it, I don't need him. I may as well sit down with the
three and try to evaluate which of the three I want to use.
Commissioner Plummer: Let me disagree with you to this point. If we now have
three firms before us that are qualified, deemed to be qualified, and we can
get one of those three firms to do it for $100,000 instead of a hundred and
twenty-five, I don't think we are doing what we should be doing.
Vice Mayor Dawkins: But also, it, was said, now and if I'm in error, correct
me, that what the Supreme Court is demanding, the only one who was assured of
producing that vehicle which could go to the Supreme Court to justify our
program, was by this firm.
134 May 24, 1990
EJ
L
Commissioner Plummer: Well then, don't tell me the other two were qualified.
Vice Mayor Dawkins: That's right, you're right J.L.
Commissioner Plummer: Now, I heard...
Commissioner De Yurre: Is that a true statement?
Commissioner Plummer: ... that we had three firms that were deemed qualified.
Commissioner De Yurre: Is that a valid statement?
Vice Mayor Dawkins: I don't know , I'm just saying what I heard.
Commissioner Alonso: That's what I understood too... even when you visited my
office, I understood it to be that there were three names and that all three
were equally qualified, and when I read the back up, that's the impression I
got. And then I come here and actually, I have to say yes or no to the one
company that has already been selected... Somehow, we...
Mr. Odio: We reason we selected this firm, was that since D.J. Miller and
Associates are going to do the study for Dade County School Boards, or they
already did it, we can use a lot of that data and it will save a lot of work,
and we believe also, we are saving money by doing that.
Commissioner Alonso: Because of that, can't they do it for less? - because
they have the data?
Ms. Macbeth: By comparative standards, Commissioner, they are doing it for
less. This is a very small amount of money. I'm sensitive to Commissioner
Plummer's concern, but in fact...
Commissioner Alonso: We are talking about layoff in the City this morning,
you saw how painful it was for us to say sixty thousand cut, five percent.
Ms. Macbeth: I understand that, Commissioner. But...
Mr. Odic: I must say that this was placed in the budget in September and now,
it's a line item on the City budget because we knew last year that this is
something that we have to do.
Commissioner Plummer: But, it doesn't mean we can't get it for a less price.
What you put in a line item of a budget is a projected cost.
Ms. Macbeth: That was based Commissioner, on a survey of the cost that these
studies were costing nationwide as well as locally.
Commissioner Plummer: Hey, you know, if it was your money, ,you'd think
differently.
Commissioner De Yurre: Let me say something, J.L. Did you get any other
quotes from the other two groups?
Ms. Macbeth: We didn't ask for quotes, sir, because we had the amount.
Commissioner Plummer: No, they went the other way. They went out and said
$125,000 to spend.
Commissioner De Yurre: OK. Now, let me make a point and it goes back...
Ms. Macbeth: Commissioner, may I say one thing though.
Commissioner De Yurre: No. You'll say it right after I say what I got to
say.
Ms. Macbeth: OK.
Commissioner Da Yurre: That is the point that I was making before about when
you're doing it for the County, whether you're doing it in unincorporated
areas or not, because if you're doing it and including City of Miami
businesses, and you're going to use the same information to do City of Miami's
135 May 24, 1990
report, then you are getting it for Tree, pretty much, you're getting a
windfall, because you don't need to do the work because you're going to be
asking the same information for one report and you're going to Ilse it for
another.
Mayor Suarez: There may be some raw date that overlaps, it's all we are
talking about there.
Commissioner De Yurre: I'm sure there's going to be plenty raw data
overlapping.
Ms. Macbeth: That is going to be the extent to which that may happen and it
will have to, Mr. Mayor, be interpreted in light of our program, our
statistics and our problem.
Mayor Suarez: The focus may be a little different if some of that raw data
may be similar.
Commissioner De Yurre: Why don't we make a motion that... Let me make a
motion. I move that we accept this group but for $100,000. If they don't
want to do it for $100,000 then you come back with another group.
Mayor Suarez: The only thing that concerns me, I am disposed to vote with the
motion, the only thing concerns me is that, in the meantime, we have to
validate our Ordinance, hate to have it be challenged and have to delay it so
long to get this study done which supports its existence.
Ms. Macbeth: The additional point too, Mr. Mayor is that we have asked this
company whether or not...
Commissioner Plummer: Excuse me. I'll withdraw my second of this previous
motion that is on the floor and I'll second Commission De Yurre's.
Mayor Suarez: Does it appear to you that we can negotiate this down to a
hundred thousand?
Commissioner Plummer: That's their choice. If they don't want to do...
Mayor Suarez: I want to know for my vote, guys. Everybody here has given
their opinion.
Ms. Macbeth: The company, I can't speak for and I would have to ask them.
Commissioner Plummer: They said no. And we say, bye.
Mayor Suarez: Sam and Company, do you... Dedria...
Mr. Dave Miller: Let me... My name is Dave Puller, I am President of D.J.
Miller and Associates. And let me say for an asset, just two points hare.
This is perhaps the most important study that this City can undertake in this
year. The Supreme Court has done three things in 1989. It suggested to us
the Minority and Women Business Enterprise Program, are good, but it must be a
factual predicate to support their continuation. Now, we think that, that's a
test that can be met. We are helping that test in Dade County Public Schools,
we helping a City of St. Pete meet it, our Company is also helping the City of
Oakland, California meet it, our Company is also helping the Metropolitan
Transit Authority in New York City meet it. Now, the issue of cost that seems
to be disturbing here, factually, is a matter of great concern to us. We
believe that the City of Miami can enjoy economy of scale by retaining our
firm, we believe that. However, let me be sure that you understand a couple
of features about this work. This work is not a duplication of Dade County
Public Schools, it is not a duplication of Metro Dade County. It is simply
two things that perhaps you can hang your hat on for economy of scale, that
is, the anecdotal testimony of people who reside in this County and this City
and historical circumstances in terms of the laws, administrative decision
that this City encountered... promulgated against its Black citizens, against
its Hispanic citizens and against women.
Mayor Suarez: How about raw data? No economy is a scale there?
Mr. Miller: Raw data, everything else is exactly what the City of Miami has
done, with whom it's done, how frequently it has done it and the process and
136 May 24, 1990
the procedure that it followed to do it. So, about eighty percent of it is
all unique to your City. Now, we perhaps have some competitors here who are
listening to me describe this and they won't notice, frankly, because they
have not had the experience of being in New York, Oakland, Dayton, St.
Petersburg, and Jacksonville and other places. We are the best firm to do
this for you. We want to do it for you, we've proposed, we've gone to great
expense to follow the process as outlined by the City of Miami. But we won't
be kicked around in terms of cost and/or, our background and our
qualifications. We would like to work for you. We are here, prepared, to go
to work for you. We hope that you accept us. We have a local partner,
Sanchez and Levintine, who worked with us on Dade County Public School, they
are also prepared to go forward. We look forward to working with you, I wish
we had your support and 1 look forward to your vote. Thank you. In addition
to that, I brought some things about our firm just in case you would like to
know more about us. We are a firm of eighteen people, economists,
statisticians, people who have background in the City Government, myself, is
Director of Purchase and Real Estate for , Clara Accent, here,
Principal of our firm, is a lawyer, former Commissioner Administrative
Services for the _ We think we are the best people at this
business.
Commissioner De Yurre: Why, if you are the best, why do you need another
company to work with you?
Mr. Miller: Because we don't know Miami as well as people who live in Miami.
Commissioner De Yurre: OK.
Mr. Miller: And you asked me to get a local firm to work with me.
Commissioner De Yurre: What's the split, what will be the arrangement with
the local?
Mr. Odio: We asked the companies that they have to have a local minority
partner, if they are a Black -owned company, we want a Hispanic, or vice versa.
Vice Mayor Dawkins: I call the order of the day. If they can get it done for
less, I'm for saving money. If you find out that it wasn't done right and
it's challenged, then we lost it and you threw away the money. Let's move,
please.
Commissioner Plummer: Has any of your work presently been to court to be
tested to see whether you won or lost?
Mr. Miller: Yes, sir.
Commissioner Plummer: Where?
Mr. Miller: Currently, in Hillsborough County.
Commissioner Plummer: And you won?
Mr. Miller: They are in the llth Circuit Court.
Vice Mayor Dawkins: I move the question.
Mayor Suarez: We have a motion to close debate and move the question...
Commissioner De Yurre: It's not determined yet.
Mayor Suarez: We haven't voted on it... would you just finish your inquiry on
that, Mr. Plummer, please and then we'll...
Commissioner Plummer: I was just asking what... they have no final decisions
at this point, obviously.
Mr. Miller: There are no absolute final decisions at this point. But in
places where the Judges have decided...
Commissioner Plummer: You see, I have a problem, I operate under a theory
that says, the only way to measure ability is in results and at this point,
there are no results.
137 May 24, 1990
Mr. Miller: That's not quite true.
Commissioner Plummer: Tell me when a verdict has been given in which your
client was a winner?
Mr. Miller: Jacksonville and Hillsborough County. But until it gets to the
US Supreme Court of this land, we won't have a final one.
Commissioner Plummer: That's right.
Mr. Miller: OK? But this...
Mayor Suarez: What is my clarification, so I don't get confused there. What
is Steel Hector and Davis' role?
Mr. Sam Dubbin: Your Honor, if I might. I'm Sam Dubbin from Steel Hector and
Davis. We are part of the team that also applied and was deemed qualified by
the staff to do the study. The other members of the team are the KPMG Peat
Marwick office, located in Miami, Harriet Fox and Associates, located in Miami
which includes, Lily Lattimore and Associates, a Black woman owned company and
includes Moriah Fernandez, a Hispanic female owned company, in Miami, is all
part of our application. Mr. Mayor...
Mayor Suarez: Was there ever negotiations with you as to price? -- I am trying
to figure out the process we followed here.
Mr. Dubbin: That was not a part of the request.
Mayor Suarez: The Manager then and his staff recommended one of the companies
and a price tag came along with that... - Is that the idea, Adrienne?
Ms. Macbeth: No, sir. The price was fixed and we were very careful in our
RFQ...
Mayor Suarez: But we pre -specified the price.
Ms. Macbeth: We did...
Commissioner Plummer: Sure. There was no competition there.
Ms. Macbeth: .., and we were very careful not to mention price, Mr. Mayor for
that reason because what we did not want to do was to have people to come to
our price.
Mayor Suarez: Is there a ceiling? Is that price a ceiling, can they not go
beyond that?
Ms. Macbeth: Yes, it is.
Mayor Suarez: And is this part of our negotiated bidding process...
Commissioner Plummer: It was not to exceed. _—
Mayor Suarez: ... is that what it's called, for a professional consultant?
Ms. Macbeth: No, sir.
Mr. Odio: Competitive, sir.
Mayor Suarez: Competitive negotiations and I'm not sure what the competition
then consisted of...
Commissioner Plurraner: There is none.
Mayor Suarez: ... It's just, your determination of who was most qualified
based on your analysis then?
Ms. Macbeth: Yes, sir. We went out with, for RFQ'S nationwide. We received
fourteen responses and we called down to the three.
138 May 24, 1990
Mayor Suarez: Was there a selection committee, or anything like that,
Adrienne? Or was it just analyzed by staff, or how dial that go?
_ Ms. Macbeth: The staff did the first cut and then the committee did the final
evaluation.
Mayor Suarez: And the committee was composed of?
Ms. Macbeth: Staff from the Planning Department, from the General Services
Administration, from Public Works and from Development. Department, all of the F
major users of contracts and purchases. -
Mayor Suarez: No one from the outside... no outside private sector?
Ms. Macbeth: No, sir.
Mr. Odio: Mr. Mayor, I reviewed this carefully, I had the same concerns about
cost. In this case, if we don't spend this kind of money, it's going to cost
us more, if we pick the wrong Company, it's going to cost us more. We felt
because of the expertise that Mr. Miller had in prior cases, that we have a
better chance of coming out ahead and saving money in the process, because if
not, we will have to spend it in lawyers.
Mayor Suarez: OK. We have a motion to close debate...
Mr. Dubbin: Mr. Mayor, on the merits of...
Mayor Suarez: ... And it is Mr. Vice Mayor along... on the present motion
that is to... you want to close off debate and vote on the motion that is
before us which I believe is to accept their company but try to reduce the
purchase, the contract price to a hundred thousand, is that correct, is that
the correct tenor of the motion?
Conmissioner Plummer: What I second...
Commissioner De Yurre: The motion is to accept the team for $100,000.
Mayor Suarez: All right, let me... then before I close off debate...
Unidentified Speaker: Can I make another comment again?
Mayor Suarez: Not from your side at this point, you're presumably with Mr.
Miller, right?
Unidentified Speaker: I am.
Mayor Suarez: One last statement. I'll give you a minute to argue why that
isn't proper and then we'll go ahead and vote on it, Sam.
Mr. Dubbin: The basis of the recommendation of D.J. Miller was that based
upon the disparity study for the Dade School System, they conducted, quote,
"it is our opinion that we will realize a savings through the utilization of
data collected for the School Board which will compensate for the travel cost
which will be required for an Atlanta firm to do this study." And Mr. Miller has stood up and admitted that there is no economies to be gained, based upon
what they did in the Dade County School Board. So, the whole basis of the
recommendation, Mr. Mayor, I submit is fallacious, and I would suggest that
you do consider a qualified group that is based in Miami that has
experience... - Steel Hector. and Davis was the legal counsel pro bono to the =
a State of Florida in the Development of the Small Minority Business Act of
1985. Cathy Shave is part of our team, Ph.D., did the study in 1983, that's
the basis of this City's current Minority Preference Program, which... •- So
obviously you were satisfied with her work. We're here, we are qualified, we
have experience and the premise of the recommendation i.s erroneous as has -
already been admitted by Mr. Miller.
Mayor Suarez: Well, it's good that you put that into the record as to the
reason for their being selected, presumably, leading to some efficiencies in
economies of scale because maybe that will help in negotiating back down to
$100,000. In any event, if this is our procedure...
139 May 24, 1990
Unidentified Speaker.: I need to make a comment about the price. I want to be
very clear _about. it. Let me make this comment, first.
Mayor Suarez: At your own risk.
Unidentified Speaker: One of the things that D.J. Miller prides itself on, is
our integrity, so I'm going to put everything on the table, I don't mind the
risk. I want you to understand what it is that you are buying. If you were
sick, you'd go to a doctor. If you had a heart problem, you'd go to a
cardiologist. We are specialists in this area. We've been in the trenches.
We've been in at it some fourteen to fifteen years. It is a labor of love, we
love our work. We work because we love it, we have a track record of which we
are proud. This study - you're hearing a lot of discussion about price and I
want to say on the record, that there are a lot of assumptions even about the
$125,000 that you need to be aware of. That $125,000 depends on the status of
your records, the format that your data is in... when you do these studies,
you have two problems, if I can take you back for just a second...
Mayor Suarez: No. That will not be necessary at this point. I have heard
enough for myself and I have a motion to close off debate which I have been
putting off, ruling on or taking a vote on.
Commissioner Plummer: I have one further question.
Mayor Suarez: Commissioner Plummer, last inquiry.
Commissioner Plummer: Once again, for the record, Mr. Manager, you have said
that of three of the firms are qualified, is that correct?
Mr. Odio: I said, we recommend D.J. Miller Associates.
Commissioner Plummer: But you have stated for the records...
Mr. Odio: Yes.
Commissioner Plummer: ... There are three firms that are qualified.
Mr. Odio: Yes.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: All right. We have a motion and a second. Any discussion
further from the Commission? If not, please call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-383
A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
CONTRACT WITH THE RECOMMENDED FIRM OF D.J. MILLER AND
ASSOCIATES, TO CONDUCT A MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISE DISPARITY STUDY AND TO PREPARE A REPORT AND
A UTILIZATION PLAN CONCERNING SAID STUDY, SAID
CONTRACT NOT TO EXCEED $100,000; FURTHER STIPULATING
THAT IF SAID GROUP WERE NOT TO AGREE TO THE CONTRACT
AMOUNT, THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE
WITH A SECOND GROUP THAT WOULD AGREE TO DO SAID STUDY
FOR THE STIPULATED AMOUNT.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor Miller J. Dawkins.
ABSENT: None.
140 May 24, 1990
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Item... whatever item we are up to. That was on a substance of
the... that motion before us that was on a substance of that agreement with a
resolution in the ceiling... a reduction in the ceiling cost of it for
$100,00.
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36. BRIEF DISCUSSION AND DEFERRAL CONCERNING PROPOSED AGREEMENT WITH
METROPOLITAN DADE COUNTY TO ENGAGE THE CITY OF MIAMI TO PROVIDE FIRE,
RESCUE AND INSPECTION SERVICES FOR THE OPERATION OF THE PORT OF MIAMI -
DEFERRED TO MEETING PRESENTLY SCHEDULED FOR JUNE 7TH.
Vice Mayor Dawkins: Move 25.
Mayor Suarez: Item 25, has been moved. The agreement with the County on Fire
services to the Port of Miami..
Commissioner Plummer: Mr. Mayor, may I congratulate the Fire Department on
this item? As you will recall, this is the one that I jumped up and screamed
about. In the past we had been getting just about half of what is in this
final settlement. By us standing strong and standing pat, we will now
accumulate two -and -a -half million dollars over the five years, where in the
past, we would have got closer to a million dollars in five years. So, I want
to congratulate the Fire Department for its strong negotiations and getting
what I think is more than fair for this City... - realizing, the two -and -a -
half million dollars is only what they pay us for guarantee, anything that is
beyond and exceptional, is an additional cost.
Mayor Suarez: All right. De we have a motion on this matter, I believe, we
do.
Commissioner Plummer: If there are no questions, I will move it.
Mayor Suarez: I think we have a motion and a second, no?
Commissioner Alonso: Well, I have some.
Vice Mayor Dawkins: I moved it and Commissioner...
Mayor Suarez: Alonso second it, right. Commissioner Alonso, debate,
discussion.
Commissioner Alonso: Yes. I have some problems with this. I think the
contract that was negotiated, probably, it was good for the City at the point
we are, but I have serious concerns that it might affect the possibility of
passing any passenger's fee that we are trying to get in Tallahassee, and I
think that I wish we had postponed this final vote. I will not make a big
issue of that but I think that by passing this today, we might kill something
that could provide maybe, fifteen million for this area. But anyway...
Mayor Suarez: Is that in regards to a fee to be imposed?
Commissioner Alonso: The passenger's fee, yes.
Commissioner Plummer: What do you want to do?
Commissioner Alonso: I wanted to postpone this, defer this, I don't know how
much...
Commissioner Plummer: Two weeks?
Commissioner Alonso: Yes. If we can postpone at least two week to give us an
opportunity to examine...
Commissioner Plummer: I'll move it this time, withdraw my motion and move
that it be deferred until June the 7th, after the legislature closes.
Commissioner Alonso: Thank you. I second.
141 May 24, 1990
Mayor Suarez: So moved. Seconded. Understanding that., there's nothing wrong
with item itself, I don't think for those who put together. the...
Commissioner Plummer: No.
Commissioner Alonso: No.
Mayor Suarez: but we are trying to get a little leverage here so that we
can resolve certain things with the people who operate the Port of Miami and
who occasionally seem singularly uninterested in our perspective on life. The —
director has failed to attend meetings of the DDA (Downtown Development
Authority) for I don't know, how many meetings that we have requested his
attendance and I hope that sooner or later they realize that the citizens of _
Miami are entitled to have our voices heard in regards to their operation of -
that facility, the airport, as was stated before by the Commissioner, the -_
Commissioners actually, and if they are making more and more money expanding
and expanding and expanding and becoming empires, you'd wish that they would
throw some of that profit into the community. All right, we have a motion and
a second deferring discussion. If not, please call the roll.
Commissioner Plummer: Until June the 7th.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER ALONSO, THE ABOVE ITEM WAS DEFERRED TO THE JUNE 7,
1990 COMMISSION MEETING, BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
--------------------------------------------------------------------------------
37. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT WITH
FRATERNAL ORDER OF POLICE, LODGE NO. 20 (OCTOBER 1, 1989 - SEPTEMBER 30,
1991).
Mayor Suarez: Item 26.
Mr. Odio: This is a contract between the City and the FOP (Fraternal Order of
Police). The Lodge accepted this agreement and that's why it's before you
now.
Commissioner Plummer: What is the total cost of this agreement to the City?
Mr. Dean Mielke: J.L. the first year is one million six hundred and fifty
nine thousand for the four percent increase.
Commissioner Plummer: The total cost, I'm not, I didn't ask for the
breakdown.
Mr. Mielke: The total cost is $3,190,000.
Commissioner Plummer: That's for the three years?
Mr. Mielke: That is for the two years, sir.
Commissioner Plummer: Two years. All right. One, two questions I have. The
first question I have is, that one of the amendments, addenda, it goes back to
1988 rather than this going back to 189, why?
Mr. Mielke: Which part are you talking about; Commissioner?
142 May 24, 1990
Commissioner. Piurnmer: Addendum No. 2., I believe it was. P-esult... Officer
killed in the line of duty... - page 42. This is retro back to January of
'88, why?
Mr. Mielke: That's when it went in. It. hasn't changed.
Commissioner Plummer: Well then, if it hasn't changed, why is it an addendum
rather than part of the contract?
Mr. Mielke: We just left it that way. We could have changed it. There was
no need to change it, Lodge didn't want a change, we didn't a change so we
just left it that way. We didn't tinker with it, there was no request to
tinker with it. We didn't tinker with it.
Commissioner Plummer: But I mean, if it's been a part of the negotiated
settlement, it would seem like to me, it would be a part of a contract rather
than what you referred... I normally refer to as a addendum is something after
the fact.
Mr. Mielke: No, sir. It's...
Commissioner Plummer: So, you're telling me this is no different than what we
did in the previous contract.
Mr. Mielke: This is no different, no different than it's been since we put it
in two years ago.
Commissioner Plummer: All right. The other area that I have of concern, and
you have to spell it out for me. The area that we have had of a problem with
auditing in the Fire Department of the insurance. Show me in this contract
where this City, has, without any question, the right to audit that insurance.
Mr. Mielke: Well...
Commissioner Plummer: I mean, I want it as clear as a bell so we don't get
back into any legal hassle as we got into with the Fire Department,
Mr. Mielke: Upon request, the Employer Organization in its insurance plan
shall permit the City to review any records related to the
Employer Organization Health Plan.
Commissioner Plummer: Upon request, is there a time frame in which they must
produce them?
Mr. Mielke: Well, when we asked for them...
Commissioner Plummer: Upon request, I mean, what is the understanding?...
that's what I'm asking.
Mr. Mielke: The understanding is, if we ask these gentlemen to have access to
their records, they're going to let us see it. I could...
Commissioner Plummer: We had the same thing in the Fire contract a I
understand. We made a request and we wound up in Court over the matter. All
I'm asking is, is to keep us out of Court... is there, once we make a demand
that they have thirty days in which to produce the records, fourteen days to
produce the records, sixty days, I think it should be a time, certain.
Mr. Mielke: Mr. Commissioner, I'm sure that Mr. Cohen over there and his
associate to his left there have no problem sending us a memorandum saying
that if we asked to see the records that they will be happy to let us see it
in twenty or thirty days.
Unidentified Speaker: We have always gotten them to the City as quickly as
possible.
Commissioner Plummer: OK. Look, all I'm trying to do is forestall any kind
of a Court action that we unfortunately got into before. If it's in agreement
and you will send a memorandum that you will produce any records requested
within thirty days, that's fine. Then, it's spelled out.
Mr. Mielke: fine. That will be no problem, we'll take care of it.
143 May 24, 1990
Commissioner Plummer•: OK. I had one other question. Going back and based on
what was said this morning. Let me refer you to page No. 44, using that as
the example. Commissioner Alonso, and I think this Commission said, that we
in fact, are going to be reducing salaries in excess of $55,000...
Mr. Mielke: All right...
Commissioner Plummer: This here is projected with salaries above that.
Mr. Mielke: Absolutely.
Commissioner Plummer: Now, how does that equate if you sign a contract with
the union today, she is going to try and get this through tomorrow, tomorrow
being .June 7th - are we locked out of the door of that negotiation in which
she is trying? - and I think this Commission is trying to accomplish.
Mr. Mielke: The answer to that question is, yes.
Commissioner Plummer: All right. So then I guess it's up to the Commission
how strongly they feel, OK?
Commissioner Alonso: I feel very strongly. I have stated this morning and I
think we have to be consistent and I maintain my position. We are living in
difficult times and rather than allowing people to layoff employees, we have
to cut, to people over fifty-five thousand.
Commissioner Plummer: All I'm doing... I'm asking for the record now. If
this Commission, this morning, was honest in saying that that's what we are
attempting to do, from what I read in here, in a Police Captain from the step
7 forward, any of them that are step today, are over the fifty-five. In the
Lieutenants, anything over the second longevity is contra to that proposal.
It doesn't affect anybody under that rank. All I'm asking the question is,
and I think you have answered it, that if this contract is ratified or
approved by this Commission, Commissioner Alonso, that what you are trying to
accomplish, cannot be with this in place.
Mayor Suarez: Do we have a quick reading of how many people it affects? You
just gave at two ranks levels, what step you have to be in each one to be
affected. De we have any calculation there, Dean?
Mr. Mielke: I'm just picking the numbers out the air, without going back and
taking a hard look at it. I'm guessing you probably got about three dozen
people.
Commissioner Alonso: How many?
Mayor Suarez! Thirty-six people.
Mr. Mielke: I'm guessing, maybe, three dozen and that could be just a wild
guess.
Commissioner Plummer: How many Captains do you have?
Mr. Mielke: We have around eight or nine, I believe.
Mayor Suarez: The contract is for a term of?
Conunissioner. Alonso: Two years.
Commissioner Plummer: It's actually for another year.
Mr. Mielke: Two years. Actually... it is actually only another year. It was
retroactive from last October.
Mr. Odio: Somewhere at the end of '91.
Mayor Suarez: And, of course, within - see, I'm trying to minimize the impact
of this particular agreement, which I think is keyed to the City of Miami to
have an agreement with our rank and file Police Officers. If we approve this
one as an exception though, we hope that you will try to make it into a rule.
Half of that period has almost elapsed. How many people will in fact reach a
144
May 14, 1990
i
step or will increase to the next step that would be affected out of those -_
thirty-six, by this?...
I =
-' Mr. Mielke: Anybody who wasn't at the top step is going to go up.
Mayor Suarez: And how many of those... is that a yearly step increase?
Mr. Mielke:: Sure. Anniversary, on your anniversary date. -
Commissioner Plummer: See, this is contradictory. —
Commissioner Alonso: It is.
Mayor Suarez: It wouldn'taffect those that are already... so, it's just a
one, it's one step then... just one fiscal year left?
Mr. Mielke: Sure. Any individual...
Mayor Suarez: It's one step. And you think there are as many as thirty-six
that will go up one step?
Mr. Mielke: Well, when you roll in the fact that people have plus items, when
you take, for example, ,you're talking about things like SWAT pay, the Bomb
Squad, all of those kind of things, it depends. You take a Lieutenant for
example, who has been here twenty years, after the second longevity or third
longevity out there, they are going up, plus items so, there's quite a few of
them.
Mayor Suarez: See, you've illustrated precisely why, as much as I like the
rule, I don't think it should apply to this particular contract. You are
talking Bomb Squad, you're talking highly hazardous duty where the citizens of
Miami are served in a very special way by people. There are people who for
twenty or thirty years in some cases have been doing the kind of work that you
know, you wouldn't want to wish on anybody. I just don't, as much as I
believe in what you are trying to do, Commissioner Alonso, I will not hold off
this particular contract which has what, a year and a few months left, like
two months left to run, in effect.
Mr. Odic: Going until September 30th of 1991, which is next year..
Mayor Suarez: A year and three months left for the possibility of thirty-six
people would exceed that. Understanding that, that increase is the number of
people over fifty-five thousand.
Commissioner Alonso: The point is, will it be morally right to do it then to
the rest of the people? How will we address that issue if we say, yes here
and...?
Mr. Odio: Well, the other... I think I need to say this.
Mayor Suarez: I'm sorry, Mr. Manager, since I think the question was directed
at my suggestion that this particular contract be exempted from that assuming
that, we even enter into it. The answer is yes. It would be morally right.
Now, in some departments the issue wouldn't even come up hardly. The General
Employees Union, he was just saying, there is very few I think, maybe, the
Computer Department and I don't think they come under him, they come under the
Manager.
Mr. Odio: No, no. The Computer Department is ... part of it.
Mayor Suarez: There are people who would potentially be part of his union,
but they are not part of his union, they have got just a handful of those.
Solid Waste Department, the same thing, just a handful of people, and most of
those are discretionary, they are not going to be under a contract... making
over fifty-five thousand, not discretionary in the Solid Waste Department. I
don't even think I could think of anybody who is civil service employee. So
you've got basically the Fire Department and that's precisely where we have
the problem, that's precisely where we have to hold the line. I don't think
the line should be held with the Police Department, that's my view, that's to
answer her question of whether it's morally right to distinguish. Yes, it is,
in fact, the one we are distinguishing is back again to Fire Department
having...
145 May 24, 1990
,. -
Mr. Odio: But to be fair to the Fire Department and to the Fire Fighters, and
I think I gave this answer before on why you have so many people making more,
is that their longevity...
Mayor Suarez: They have many years of service.
Mr. Odio: ... They don't want, they have a good job, they want to say here.
Mayor Suarez: And if they get the signal that the Commissioner is proposing,
maybe a lot of them will decide that it's time to consider retirement and make
way for some younger people, and you have suggested starting salaries that are
lower...
Mr. Odio: We are negotiating now and I think...
Mayor Suarez: You've suggest the possibility of eliminating ranks, and by the
way, there is another whole category of people that I have forgotten about.
Those are the ones that don't, they are not uniformed and are not in general
employees. Those are the ones that work directly or indirectly under the
Manager. How many those are... he stated today how many...
Mr. Odio: Ninety-seven.
Mayor Suarez: But, I don't know that it's really ninety-seven and there
have no problem applying the rule. I think that's where the rule will be most
applicable. No disrespect meant to the Manager, just to the salaries in that
particular category.
Mr. Odio: Again, I think you... I don't know why the... I think I better keep
quiet until June 7th.
Commissioner Plummer: Let me ask for clarification of the record. In your
proposal this morning, Commissioner Alonso, were you speaking as to cost to
the tax payers or are you talking about salary only? In others words, the
point I'm trying to make... it would be said that a starting policeman makes
$27,991.00. His cost to the tax payers, a starting policeman's cost is
$42,000.00 when you include the perk package. So are you speaking now 1n your
proposal this morning, to salary alone or cost?
Commissioner Alonso: I was talking about salaries.
Mayor Suarez: She was talking about salary.
Commissioner Plummer: OK. Just for clarification.
Mr. Odio: No, the fringe benefit, and you have to demote the whole
department. Commissioner, I think I have to point out to you...
Commissioner Plummer: Well, when you reduce salary, you also reduce perk,.
Mr. Odio: I am pointing out to you that by what they have accepted here, I
think they have been very fair to the City... that for them to take zero
percent cost of living increase, I think I was very grateful then and I am
now, that they have shown that they care for the City. And I think that we
should accept this and don't ask them for more than they might not be able to
give.
Mr. Mielke: I think Mr. Mayor, if I may, Commissioner Alonso and Commissioner
Plummer, because I've been at this almost thirty years, and one of the things
when you make a deal, you give your word. Now, my word is obviously subject
to you... this gentleman passing on it and then you passing on it, and I
recognize you have the absolute right to turn this contract down, make no
mistake. I think what you have to understand is, is that the Lodge, the FOP
cannot, is not going to go back and say to two or three dozens, I may be off
by twelve other people, saying, you're not going to get anything. I mean that
would cause anarchy in the ranks and it just would cause them a major, major
problem. That means, that we are going to special and we are going
to be back here, and that means you the Commissioners are going to have to
stuff it down our throat and that means we are going to have a lot of morale,
more morale problems than we've got. Now, I understand where you're coming
from and I don't argue with it and I respect you for those thoughts...
146 May 24, 1990
U.
Mr. Odi.o: Let me point this out. Let's suppose that we got what we wanted
and we said, the people making over fifty-five, which might be thirty-six
affected, we are going to ask to take a five percent cut, that's a hundred
thousand dollars. We are getting two million dollars in savings here.
Commissioner Alonso: But the point is that we have to be consistent, at least
from my point of view. How can I go to one group and request that from them
and then not from the others? It's just the point, I have to be consistent.
i realize your point, I think it's a good contract, I agree with the rest of
the contract, but in this point, I, for myself, I'm not talking on behalf of
anyone else, I have to be consistent. How can I proceed June 7th and ask the
rest of the people? I don't see how I can do it, even though I realize the
importance of this contract and I'm very much in favor of voting for this
contract and I agree with the job that, they... all of the things but how can
I go and say I am consistent, when I say yes to this group and no to the
other? I don't see how.
Commissioner De Yurre: Mr. Mayor, in understanding her point that she needs
to remain consistent, she may just have to vote no, to remain consistent, and
I'll just go ahead and move this item to accept the contract.
Vice Mayor Dawkins: Second.
Mayor Suarez: So moved, to accept that negotiated contract agreement.
Seconded. Any further discussion from the Commission? If not, please call
the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-384
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND THE EMPLOYEE. ORGANIZATION KNOWN
AS THE FRATERNAL ORDER OF POLICE, LODGE NO. 20, FOR
THE PERIOD OF OCTOBER 1, 1989 THROUGH SEPTEMBER 30,
1991, UPON THE TERMS AND CONDITIONS SET FORTH IN THE
ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL
Commissioner Plummer: I'm sorry, I've got to ask a question. Of those
thirty-six Officers, thirty -•six people involved, give me the rough amount of
what it would amount to?
Mr. Odio: I'd say, they're suppose to be making around fifty... that's two
million dollars, you take five percent, it's $100,000 that you would save,
when they are giving up about two million dollars. That is as simple
mathematics as I can make it.
Commissioner Alonso: Mr. Manager, there are other ways to analyze that, but I
don't think I will go into that.
147 May 24, 1990
0
Mr. Odio: The only way T have it is with numbers and T will prove that on the
lth.
Mayor Suarez: That's mathematically not the best way, Mr. Manager. I agree
with Commissioner Alonso.
Commissioner Alonso: Yes, I'm not going to go into that.
Mayor Suarez: You could of probably figure out what a step increase amounts
to for the two ranks and multiply it by the number of officers involved.
Mr. Odio: That's what I did.
Mayor Suarez: Not really, you took the total salary. Anyhow...
Commissioner Plummer: My heart is...
Mayor Suarez: And then took five percent of that.
Commissioner Plummer: My heart is with the savings but for the sake of what I
think is needed for the peace of tranquility of this department, I'll vote
yes.
38. MAYOR SUAREZ INVITES PART-TIME EMPLOYEES FROM THE PARKS DEPARTMENT TO BE
HEARD IN CONNECTION WITH JOB SECURITY CONCERNS (See label 43).
Mayor Suarez: By the way, let me make a quick announcement if I may. There
are some employees here from Department of Parks, and you have been concerned
about your part time status, your minimal pay, etc., etc. What I am going to
do is, you are not on the agenda. As soon as we finish the regular items
before we get to personal appearances, have the principal person make a
statement and schedule you for a full hearing, unless the Manager can suggest
an alternative procedure. Because you are not represented by a union either,
on top of everything else, so you can't even have your union president contact
us or• negotiate with us, and you should be able to make a statement and then
if need be, we will have a full-fledged hearing. But you won't be allowed to
make a statement, I think. I've been told Mr. Alea is the head of the group.
39. (A) AUTHORIZE ADMINISTRATION TO UTILIZE MONIES PRESENTLY AVAILABLE
FOR CONTINUED DEVELOPMENT OF BAYFRONT PARK - TRUST TO RAISE
NECESSARY EXTRA DOLLARS IF IT INSISTS IN PURSUING THE NOGUCHI
PLAN.
(B) AUTHORIZE ADMINISTRATION TO PAY P.N.M. CORPORATION $650,000 AS
COMPLETE SETTLEMENT OF DEMANDS AGAI14ST THE CITY (Circuit Court
Case No. 89-3447-CA-261).
Mayor Suarez: OK. Item 27.
Mr. Fernandez: Yes, Mr. Mayor. On item 27, this is a settlement of a lawsuit
that was brought against this City by the contractor for one of the main
projects, if not the entire of Bayfront Park. This was mostly a delayed
claim. They alleged that the City owed them in excess of two million dollars.
After many months of litigation, and after employing experts and really
analyzing this case thoroughly, we have recommendea to you jointly with the
administration, that it would be in the best interest of the City without
admitting liability, that the City accepts a settlement in the amount of
$650,000 to settle what they claim to be a $2.1 million liability on the part,
of the City. Mr. Chris Krutz from my office was the Assistant City Attorney
who handled this case, and I would like for him to answer any questions that
you may have. Also, you should know that, as you well know, because you
approved it, that the firm of Steel Hector and Davis provided us with special
assistance in bringing this case to what we considered to be a successful
termination by settlement.
148 May 24, 1990
Mayor Suarez: Only an attorney would propose that we pay out $650,000 and not
admit liability. You get a kick out of that? But I think I know what you
mean, that we don't, in principle, we are not liable but we are paying out
$650,000. Commissioners? This represents the end of a long drawn out process
that have seen a total of what, $31,000,000 spent in Bayfront Park? Whatever
amount it is, most of it, thank God from other sources, but a lot of it from
our own.
Commissioner Alonso: We better wait for them to come back.
Vice Mayor Dawkins: Can somebody tell me what I already know, why we had to
pay the money?
Mr. Chris Krutz: Because there were issues of liability that were adverse to
the City, and to avoid the potential judgement of $2.1 million.
Vice Mayor Dawkins: OK.
Mr. Odio: Let me tell you what happened, Commissioner. That's not a...
Vice Mayor Dawkins: No, no. That's what we are paying him for. That's what
we paid him to do. Sit tight.
Mr. Odio: OK.
Vice Mayor Dawkins: Now, did Mr. Noguchi make changes that we had to get
change orders for that caused the cost to escalate?
Mr. Odio: Yes.
Mr. Krutz: Yes, sir.
Vice Mayor Dawkins: And what else happened over there that we had to assume
responsibility for?
Mr. Krutz: Delays, and site access availability, changes in the plans,
changes in the actual light tower structure.
Mayor Suarez: Made by whom, Chris? Changes made by whom?
Mr. Krutz: The change in the light tower was a design change by the artist.
Vice Mayor Dawkins: Whose artist?
Mr. Krutz: Noguchi.
Vice Mayor Dawkins: Noguchi, all right.
Mr. Krutz: Which was...
Mayor Suarez: Well, because from reading from newspapers, you would get the
impression that we changed the designs and somehow cost more money to the
citizens of Miami instead of the correct historical fact that the architect
has changed many, many times. He was a presumably a genius in his field and
he changed his mind many, many times. Cost us an incredible amount of money.
Mr. Odio: He was an expensive genius.
Mayor Suarez: He was an expensive genius.
Commissioner Alonso: Just for my information so I don't make... so that if in
the future we are in a similar situation that I don't that mistake that has
cost the taxpayers in part thirty two million, that every time I think about
that, I'll die. But anyway, when they were going through the changes, did
they ever come to this Commission for approval?
Commissioner Plummer: Some of them, yes.
Mr. Odio: Some of them, yes. This is way back...
Commissioner Alonso: Why some, why not all of them?
149 May 24, 1990
11
A
Comrrss.i_oner Primmer: Some were major and some were minor.
Mr. Odio: There was some... at the time, Commissioner, that was prior to me
being City Manager, I know that we had some people from the DDA which are no
longer there that were making decisions, it is a long history of mistakes,...
Commissioner Alonso: Very costly.
Mr. radio: ... or the architect was given free hand, because he was very
protective of his design.
Mr. Krutz: The contract was increased three times, pursuant to three
resolutions, one in 186, one in '87, and one in 189. The cover memo actually
left out, by mistake, one of the latest increases in 1989, and it was over a
million dollars in changes that occurred.
Commissioner Plummer: Let me give you, if I may, that you know, one example
which maybe you don't want to hear. That fountain when designed, was to be
done in two parts. The first part was to be done by the Corp of Engineers,
which was the base. The second part was to be done by the private sector
through a competitive bidding. At the time when the Corp of Engineers
started, they made changes and did not notify the City. We went out with an
RFP based on the design, and when we got the company to come in, they said
this is not the design we bid on and we were not aware that Corp of Engineers
had complete, not completely, but had made major changes to that fountain.
Now...
Mr. Odio: Let me say the good news, Commissioner.
Commissioner Alonso: The good new is...
Mr. Odio: I just got the word that we had to visit the Corp of Engineers,
because we had also another back charge of about $400,000. They have agreed
now to pay the City $226,000. So, that's good news for a change.
Commissioner Plummer: Mr. Mayor, as you know, you appointed me to that
authority. I have asked the City administration, and 1 am going to demand at
the sake of resignation, if it is not done, I am extremely unhappy of the
$30,000,000 in that park. I can show you poor workmanship. I can show you
poor quality. I can show you a laser tower that is not doing what it was
proposed to do. I can show you a fountain that is not operating the way it
should be operating. I can show you cracks in walls that you can stick your
hand in. I can show you concrete and walking surfaces that have already sunk
over six inches. I am asking this Commission to expend the monies, that we
don't wait for four or five years when major, major refurbishing is going to
have to be done to wait and try to point a finger. I am saying to this
Commission, that I think it is important that we bring in an independent
person to do an analysis of the quality and the quantity of work that was
done. It is estimated by Mr. Wally Lee, I don't know if he is here, that,
that cost factor will be around $50,000. I think it is money well spent.
Mayor Suarez: But what, if I may and with all due respect, what good will it
do to know everything that was over spent on something that was already, as
the French say, "fait accompli." It's done.
Commissioner Plummer: We can instigate... No, no. Not over spent. I was
saying if the workmanship is not up to the quality that it should have been,
we should instigate lawsuits against the particular companies at this time.
OK?
-
_
Mayor Suarez: Well, Mr. Manager, will we need a consultant
to do
that? - your
own people can't determine.
_
Commissioner Plummer: Well, I don't think to go into court,,
you
could do it
with City people being the expert witnesses, that's why I
said,
I think you =
need an independent person.
--
Mayor Suarez: Well, you always hope if - you know, your own experts can serve
as ,your own witnesses, if they know what they are talking
about,
but you may
be right that you need an outsider, I don't know.
-t
='
150
May 24, 1990
t
2
Mr. Odio: What I wnuid like to do is... why don't. I have some people in from
the City inspect; it first, and then meet with the Commission and decide
whether we do need something or. not. —
Commissioner De Yurre: Well, you know what we can do is, since this would be =_
in preparation for litigation, and we are looking for basically an expert
witness, they can come out from the City Attorney's fund.
Commissioner Plummer: Look, all I am saying to you is that, let me give you
one example. We turned on the fountain for the first time this week. OK?
Don't laugh. _
Commissioner De Yurre: Did any water come out?
Commissioner Plummer: I don't want to tell you the nickname that it has -
already got. But let me tell you that underground tunnel already has a major =
leak in it. `
Mr. Odin: Well, that's expected.
Commissioner Plummer: What you mean, it's expected? For three and -a -half _—
million dollars, I don't expect leaks.
Mr. Odio: Yes, you do. In any construction it is expected. -_
Commissioner Alonso: When I visited it months ago, I was assured that
everything was fine.
Mr. Odio: A brand new pool will leak, that why you run test on it.
Commissioner Plummer: Mr. Manager, I am saying that...
Mr. Odio: I think the mistake was to show it to you before it was finished.
Mayor Suarez: I would give $100.00 to whoever has a nice sketch of this
fountain with this leak, when somebody is sticking his finger into the leak
and saying it was expected.
Commissioner Plummer: Yes.
Commissioner Alonso: And worse, when you walk through that park and you think
of thirty million dollars in a park, you say, where did it go? Because I have
visited it several times, just checking and thinking with an open mind,
saying, where is the money? I don't know where it is.
Mayor Suarez: The worst part of it all really, if you think about it, here
you have a fountain, designed by presumably a genius, which if it isn't turned =
on, doesn't look like anything. I mean that fountain has no artistic value
whatsoever, if you looked at it now, and it is complete substantially, isn't
it?
Commissioner Plummer: The fountain construction -wise is completed. We are
only...
Mayor Suarez: If you are not turning it on, it looks like, it's nothing at
all like you would see in any other important City in the world, and let alone
Europe...
Commissioner Plummer: Well, excuse me, Mr. Mayor.
Mayor Suarez: ... or in the Far East or any place.
Commissioner Plummer: We are only experimenting with three programs for the
test. There are a total of sixty-two programs that will run that fountain.
Mayor Suarez: It's a hydraulic engineer's dream, and it's a headache and a
nightmare for the rest of us. All right.
Commissioner Plummer: Well, Mr. Mayor, I want you to be aware of two other
things. We have not yet made a determination to the costfactor of the
operation of that fountain. I can only tell you it is going to be extremely
high.
151 May 24, 1990
Mayor Suarez: I understand we have meters now in place, and we are trying to
check the electricity usage.
Commissioner Plummer: That is correct.
Mayor Suarez: All right. As to item 27.
Commissioner Plummer: Wait, wait.
Mayor Suarez: Yes.
Commissioner Plummer: I got other bad news for you.
Mayor Suarez: Complete the bad news, report.
Commissioner Alonso: Oh, more?
Commissioner Plummer: I want you to know that there is also another lawsuit
pending. That lawsuit is in reference to Mr. Sadao on behalf of the Noguchi
heirs, in which they are asking for somewhere in the neighborhood of $400,000
additional funds. Two hundred and fifty I think, is what they are asking for
Noguchi's heirs and Sadao is asking for another hundred and fifty to complete
the south end of the park.
Mayor Suarez: And ,you know the irony is, I don't know if that's part of that
cause of action. As I understand it is because we tried to make changes to
make the thing less expensive, and the architects feel that, that is somehow a
violation of their architectural copyright or something, I love that one. All
right, next contract that we enter into with world renowned architects, as
opposed to local architects that would have been fine, let's make sure that we
retain the right to make whatever changes we want and they can't sue us for
changing their design. We could fire them anytime as long as we pay them for
the work done up to that point.
Commissioner Plummer: No, no. That's the basis.
Mayor Suarez: No, no. I know that's what they argue. But I :Wean on future
contracts, there is no reason why they should control the use of their design,
we buy it and it's ours and we can stop work at any time and change the design
if we want, if we draw the right contract that does that.
Commissioner Plummer: Well, you have another decision to make, this
Commission does, and that is in reference to the south end of the park. Of
the monies remaining, we cannot accomplish the Noguchi plan. Mr. Wally Lee
has put forth a plan of which, a plan that will be able to be done for the
monies that are remaining. The authority has violently said that they want to
go with the Noguchi plan for whatever monies that are there and we realize
that it will not be finished.
Mr. Odio: Commissioner, my instructions to Wally was to go back and tell the
Trust that they pay for the difference.
Commissioner Plummer: Sir, I think this Commission needs to tell that Trust,
there are two options, and I think you are going to have to make a decision on
one of the two. Whether you do the Wally Lee plan for the monies that are
there left, or whether you are going to do the Noguchi plan to the extent of
the monies available.
Mayor Suarez: All right, and that's not before us, let's please ... yes.
Commissioner Alonso: We received a letter from the architect in that respect,
didn't we? Yes.
Mayor Suarez: Yes, I don't think the architect is too pleased. Mr. Vice
Mayor.
Vice Mayor Dawkins: I will say again as I have said for the last five years,
thirty million dollars is enough in that park, and I don't think we need to do
anything else. The Wally Lee's part of .it or the Noguchi part of it.
Mayor Suarez: All right.
152 May 24, 1990
Commissioner Alonso: But we have to, that's the problem.
Commissioner Plummer: That has to be, that's the state money. _
Vice Mayor Dawkins: Put sod in.
Commissioner Plummer: No, that's Jack Gordon.
Mr. Odio: That's exactly what we are going to do. -
Commissioner Alonso: Then it will be Jack Gordon after us. _
Commissioner De Yurre: But, no, we have... is there enough money to build the -
small amphitheater that we had in mind or not?
Commissioner Plummer: There is a mound by the Wally Lee plan, but it does —_
include the bathrooms.
Commissioner De Yurre: It does have bathrooms, and running water?
Commissioner Plummer: Yes. Maybe from the fountain, but we have got running
water.
Commissioner Alonso: It's big enough, why not.
Commissioner De Yurre: Now if we put sod there, we still have to put a
sprinkler system?
Mr. Odio: Yes, sir. This is serious...
Commissioner De Yurre: So the money is there for that kind of thing.
Mr. Odio: ... because the Trust is saying, we won't accept what the City
wants to do, we wanted Noguchi.
Commissioner Plummer: No. The City has not spoken.
Mr. Odio: Well, Wally has.
Commissioner Plummer: Wally has spoken, but this Commission hasn't.
Mr. Odio: You need to tell the Trust that, it is not their money, it is our _
money and we don't want to spend it.
Commissioner De Yurre: Well, all we can say is that we can put the Noguchi
plan in standby for the next twenty years, when we just do what we can now --
until we get some funds to finish it. =-
Vice Mayor Dawkins: No. He said it from the beginning. The Trust have to
realize that they do not run. the City of Miami. They can help us finance the _=
City of Miami. Now, if the Trust will make... now, and let's don't go for
what J.L. Plummer... see, Commissioner why we are here, they promised J.L. _-
Plummer and I that they were going to build this and they never built it. So
now, if the Trust bring us the money up front, then we will do what they want
done.
= Commissioner Alonso: Oh, sure. Yes. That's a message.
Commissioner Plummer: Put it in a resolution.
Commissioner Alonso: Why not? Yes.
Mayor Suarez: All right, I'll entertain that in the form of a resolution.
Vice Mayor Dawkins: OK. I move that we use what monies we have to do
whatever we can do in the park and in the event that the Trust, now you all,
don't let me make this, somebody else make it.
Mayor Suarez: You doing well.
153 May 24, 1990
0 0.
Vice Mayor Dawkins: All right, fine. And in the event that the Trust wishes
to do something different, then the Trust can do one of two things. Either
find more money to do what they want to do or. resign.
Mayor Suarez: All right. That carries the spirit of what we want the Trust
to understand, that if they want to deviate from the only plan that seems to
be feasible with the monies that we have on hand, that they have to pay for it
themselves or resign. So moved. Do we have a second?
Commissioner Alonso: Can we remove the resign part?
Vice Mayor Dawkins: OK. I'll amend it to remove the resign.
Commissioner Alonso: OK. I second it.
Mayor Suarez: Well, consider resignation. So moved. Second by Commissioner
Alonso. Call the roll. I think that sends a signal.
The following motion was introduced by Vice Mayor Dawkins, who moved its
adoption%
MOTION NO. 90-385
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO USE WHATEVER MONIES ARE PRESENTLY AVAILABLE FOR
BAYFRONT. PARK TO DO WHATEVER NEEDS TO BE DONE;
FURTHER, STATING THAT IF THE TRUST WERE TO INSIST IN
PURSUING THE NOGUCHI PLAN FOR THE PARK, THEN IT WOULD
BE UP TO THE TRUST TO FIND THE NECESSARY MONIES TO
ACCOMPLISH SAID PLANS.
Upon being seconded by Commissioner Alonso, the motion was passed .and
adopted by the following vote:
AYES: Coaunissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Item 27 then on settlement.
Commissioner De Yurre: Moved.
Mayor Suarez: Moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any further discussion on it? Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-386
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO P.N.M. CORPORATION, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $650,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 89-3447-
CA-26, UPON THE EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS A14D DEMANDS,
SAID MONIES THEREFOR TO BE ALLOCATED FROM ACCOUNT NO.
671001-230.102-652 ($400,000) AND ACCOUNT NO. 383002-
269901-960 ($250,000).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
154 May 24, 1990
AWL
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso.
ABSENT: None.
Commissioner Plummer: What can I do about getting an independent appraiser to
go in there and certify?
Mayor Suarez: I think the Manager said that they were going to try to do it
with in-house staff and then get back if they could.
Mr. Odio: We will do an in-house study, and then come back to you and say if
we think we do need a...
Mayor Suarez: For approval of funding.
Commissioner Alonso: Do they have the expertise to do this...
Mr. Odio: We do have professional. engineers on staff.
Commissioner Alonso: ... to this kind of job?
Mr. Odio: Yes. Probably Works can do that.
Commissioner De Yurre: We can always get an expert if it comes down to going
to court. You know, we can have our own people. Let's see where we are at,
and then if we need to spend the money, we will.
Commissioner Alonso: We are in trouble.
Commissioner Plummer: Victor, it does not take an expert when you climb to
the top of that laser tower.
Commissioner De Yurre: Well, that's what I am saying...
Mayor Suarez: That's what he is saying.
Commissioner De Yurre: We don't have to get one.
Mayor Suarez: There is no need to get one. There may be... a more
appropriate point may be during litigation itself.
Commissioner De Yurre: That's right. And that way the City Attorney's
Department, you know, they can pay for it.
Mayor Suarez: He is looking for a way to have it come out of City Attorney's
budget.
DOTE FOR THE RECORD; At this point, Agenda items PZ-
4, PZ-5, PZ-6 AND PZ-7 were withdrawn.
155 May 24, 1990
--------------------------------------------------------------------------------------
40. APPROVE APPOINTMENT OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN AND
QUENTEL, PA TO SERVE AS SPECIAL COUNSEL ON REVIEW OF OFF-STREET PARKING
DEPARTMENT'S PROPOSED NEW RETIREMENT PROGRAM.
----------------------------------------------------------------------------------
Mayor Suarez: Final item prior to the public hearings was 29.
Mr. Fernandez: Twenty-eight.
Mayor Suarez: Twenty-eight rather.
Mr. Fernandez: Yes. This is an item from the Department of Off -Street
Parking and I don't see Mr. Mulvena but I can present it to ,you. The
Department of Off -Street Parking is in the process of revamping, rewriting
their entire pension program, and as you know, the employees of DOSP are not
members of any of the City's pensions. You should also know that in my office
we don't have the expertise to deal with pension and tax matters, as we are
not the counsels for either of the City's pension programs either. And so, in
order have a legal review of the pension documents for DOSP, the Board as well
as the Administration and myself, we have concurred in coming to you and seek
ratification for going outside and getting special counsel, tax counsel to
look at the pension plan and advise and ensure that it's legally correct.
Commissioner De Yurre: And that's paid by Off -Street Parking, of course?
Mr. Fernandez: And that is paid by Off -Street Parking, but it has to come in
front of you and you have to approve whenever we go out for a special counsel.
We have through the selection process, we have concurred that it's Mr.
Mulvena, the Board of DOSP and myself that the firm of Greenberg Traurig was
the best firm to provide these services. We have agreed that they would not
charge us more than $150.00 an hour, we have limited the scope of their work
and we certainly believe in, we can assure you that it would come in at less
than the $5,000 that I'm asking you to approve.
Commissioner De Yurre: Let me ask you this and maybe it's just something I
assumed. Isn't it usually that the cost per hour that we get, or the fee per
hour is a hundred and a quarter from people that work for the City?
Mr. Fernandez: It fluctuates between a hundred and a quarter, a hundred
twenty-five to a hundred and fifty, maximum.
Commissioner De Yurre: Which ones have done for a hundred and fifty lately?
Mr. Fernandez: The, I believe that the case of Steel Hector and Davis were
that law firm has assisted us, they have done it for a hundred and fifty.
There could be perhaps another firm where we have agreed with them to render
us limited advice or assistance for a hundred and fifty. But the rate is a
hundred and twenty-five, otherwise...
Commissioner De Yurre: OK.
Mr. Fernandez: ... Keeping in mind that when the going rate to the private
sector is in the neighborhood of two hundred and fifty to three hundred
dollars, we believe that one hundred and fifty is reasonable.
Commissioner Plummer: Question. Why did they need a new retirement
system... - what's wrong with their old ore?
Mr. Jack Mulvena: Commissioner, the original one is nearly twenty years old.
One example of a point of change was that the maximum interest that our
employees would be paid for their participation was six percent. So we are...
o:,e of the many, many changes is to give them a return on their dollar if they
should leave up to eight percent. Also, we have since and such an old
document forbidding people who get to be fifty years of age, from entering
into the pension plan, and we think we are at risk legally on that. So, there
is a whole series of numbers when you have a...
Commissioner Plummer: How many years do they have to be with the Off -Street
Parking before they're vested?
156 May 24, 1990
0
El
Mr. Mulvena: Right now it's ten years to be vested and that will be changed
to f ive.
Commissioner Plummer: You're going to make it less?
Mr. Mulvena: Yes.
Commissioner Plummer: Why?
Mr. Mulvena: Well... a lot of these are...
Commissioner Plummer: What is it with the City now... isn't it ten years?
What's vested right in the City?
Mr. Fernandez: Ten.
Commissioner Plummer: Ten years. Why would you reduce yours to five?
Mr. Mulvena: Well, we are balancing a series of things you take away and give
to the employees and we figure that with our particular industry and what not,
that we wanted to give them that. Once an employee is with us for five years,
J.L. they are with us for a long time.
Commissioner Plummer: Then fine, make it ten. Gives them an incentive to
stay.
Mr. Mulvena: Well, as in the relationship that you have mentioned with the
union, we don't have a union but we have our employees participating in this
change.
Mayor Suarez: Excuse me for a second, Jack.
Mr. Mulvena: Yves.
Mayor Suarez: Let's have quiet in the Chambers, please. In the back,
Officers in the back, we need quiet in the Chambers. If you can't be in the
Chambers quietly, then please step outside, go upstairs, you can still hear
the proceedings, or outside.
Mr. Mulvena: Basically Commissioner, it's just a benefit we are giving for
taking some back in some of the changes.
Mayor Suarez: OK. Anything further on that item? Am I reading wrong or is
it a five thousand dollar item?
Mr. Mulvena: Five thousand.
Mr. Fernandez: It's a five thousand dollars.
Mayor Suarez: Just about within the Manager's discretion, I'll entertain a
motion on it. We have a lot of other items, Planning and Zoning, we have the
items left over from the morning, including the Chief 's contract, we have
personal appearances and all the Planning and Zoning. By the way, the
Planning and Zoning, I mentioned they were pulled by the Administration to be
continued actually. They are continued... PZ-4, 5, 6, and 7 until the next
Planning and Zoning agenda, which will be as second meeting in June. Well,
what date is that set at this point... the 28th? I believe the 28th. All
right. So announced. Entertain a motion on item 28.
Commissioner De Yurre: Moved.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
151 May 24, 1990
E
El
The following resolution is introduced oy Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-387
A RESOLUTION APPROVING THE APPOINTMENT BY THE CITY
ATTORNEY OF THE LAW FIRM OF GREENBERG, TRAURIG,
HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A. TO SERVE AS
SPECIAL COUNSEL ON THE REVIEW OF THE DEPARTMENT OF
OFF-STREET PARKING'S PROPOSED NEW RETIREMENT PROGRAM
AND WITH MONIES THEREFOR TO BE PROVIDED FROM SAID
DEPARTMENT'S FUNDS WITH THE FEE FOR SUCH SERVICES NOT
TO EXCEED $5,000.00
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor. Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, Agenda item 29
was withdrawn.
-------------------------------------------------------------------------------
41. (A). MOTION FAILS TO APPROVE INCREASE IN CONTRACT WITH SIGMA
CONSTRUCTION AND ENGINEERING CORP. FOR DEMOLITION OF FORMER
INCINERATOR NO. 1.
(B) RECONSIDER PRIOR VOTE ON FAILED MOTION TO APPROVE CONTRACT WITH
SIGMA CONSTRUCTION AND ENGINEERING CORP.
(C) AUTHORIZE INCREASE IN CONTRACT WITH SIGMA CONSTRUCTION AND
ENGINEERING CORP. FOR DEMOLITION OF INCINERATOR NO. 1 (CIP
311018) - RATIFY MAII'AGER'S FINDING OF EMERGENCY.
----------------- ------------------------------------------------------------
Mayor Suarez: Public Hearing, item 30, an increase in the contract between
the City and Sigma Construction and Engineering for the demolition of Former
Incinerator No. 1. And as an emergency circumstance.
Commissioner Plummer: Move it.
Mayor Suarez: Where are the funds coming from?... Previous, Capital?
Mr. Prieto: This is a... no, this is from the sale of the municipal...
Mayor Suarez: I got you. All right. So moved by Commissioner Plummer.
Commissioner Alonso: Second.
Mayor Suarez: Second, Commissioner Alonso. Any discussion? If not, call the
roll.
THEREUPON MOTI014 MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER AI.ONSO, THE HEREINABOVE
MOTION FAILED BY THE FOLLOWING VOTE:
158 May 24, 1990
AYES: Commissioner J. L. Plummer, Jr. _
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
ABSENT: None.
Mr. Fernandez: It's a four -fifth items, so it failed.
Commissioner. Plummer: Fails.
Commissioner Alonso: Fails.
Mayor Suarez: All right. Fail as an emergency.
Mayor Suarez: Item 31.
Commissioner De Yurre: Why don't you move it as a regular item?
Mr. Fernandez: You can't.
Mayor Suarez: No, it's a resolution.
Mr. Odio: What happened here... This is the removal of the asbestos that we
had to move fast on the, all the...
Commissioner De Yurre: Has the work been done already or not?
Commissioner Alonso: Yes.
Mr. Odio: Yes, sir.
Unidentified Speaker: Yes, it's finished.
Commissioner De Yurre: So what's the emergency.
Mr. Odio: We have to pay for... because it's... and after the fact... fine.
Mayor Suarez: So what happens if it gets voted down?... we just have to —
schedule it and...
Mr. Odio: We don't pay it.
Mr. Fernandez: No, no. The four -fifth does not go to the emergency, the
four -fifth goes the fact that it's an after the work situation that's coming
to you because...
Commissioner De Yurre: Well, I'll reconsider. I'll move to reconsider.
Mayor Suarez: Move to reconsider.
Vice Mayor Dawkins: Second.
Mayor Suarez: Call the roll on the motion for reconsideration.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-388
A MOTION TO RECONSIDER VOTE ON PREVIOUSLY FAILED
MOTION WHICH WOULD HAVE AUTHORIZED AN INCREASE OF
$60,000 IN THE CONTRACT BETWEEN THE CITY AND SIGMA
CONSTRUCTION AND ENGINEERING CORPORATION FOR THE
DEMOLITION OF FORMER INCINERATOR NUMBER ONE (AGENDA
ITEM 30).
Upon being seconded by Vice Mayor Dawkins, the motion was passed and
adopted by the following vote:
159 May 24, 1990
0
AYES: Commissioner Victor De Yurre
Commissioner. T. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Entertain a motion on the item itself.
Commissioner De Yurre: Move it.
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. 90-389
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $60,000, IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA AND SIGMA CONSTRUCTION AND ENGINEERING
CORP., DATED FEBRUARY 20, 1990, FOR THE DEMOLITION OF
FORMER INCINERATOR NO. 1, CAPITAL IMPROVEMENT PROJECT
NO. 311318, SAID FUNDS TO BE PROVIDED FROM THE CAPITAL
IMPROVEMENTS ORDINANCE. NO. 10642, WITH FUNDS ALREADY
ALLOCATED TO THE PROJECT; FURTHER RATIFYING THE CITY
MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE
RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OR FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION, AND ADOPTING THE FINDINGS AND
CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor Miller J. Dawkins
ABSENT: None.
42. RATIFY MANAGER'S FINDING OF EMERGENCY - WAIVE FORMAL BID PROCEDURES FOR
PROCUREMENT OF ITEMS REQUIRED FOR THE CARIBBEAN BASEBALL WORLD SERIES -
ACCEPT INFORMAL BIDS FROM: (a) FENCEMASTERS, INC. (FURNISHING /
INSTALLATION OF FENCING AND MATERIALS); (b) CONTEMPORARY SERVICES, INC.
(FURNISHING PERSONNEL SERVICES).
Mayor Suarez: Item 31. Final item of public hearing.
Mr. Odio: This was the...
Commissioner Plummer: Where is this money coming from?
Mr. Odio: This is from the Enterprise Prize Operating expense.
Commissioner Plummer: Why?
160 May 24, 1990
Mr. Odio: We got paid... This Is the Caribbean series of Baseball that was
played at the Orange Bowl.
Commissioner Plummer: You mean it partially played at the Orange Bowl.
Mr„ Odio: They paid rent to us for them to play there.
Commissioner Plummer: How much did they pay us?
Mr. Albert Ruder: There were guaranteed $40,000 and that's what we got. But
the deal was that we would... after we provided these services which we did,
the guarantee was still. forty thousand and that's what we got for this first
year.
Commissioner Plummer: So we got forty thousand and it cost us forty-six.
Mr. Ruder: No, no. That was after expenses and everything, the guarantee was
forty, this is all factored in and we are going to be making forty thousand...
net.
Mr. Odio: We are making a net profit thousand dollars.
Commissioner Plummer: OK.
Mr. Odio: And we are moving the series out of the Orange Bowl, which...
Commissioner 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. 90-390
A RESOLUTION, BY AN AFFIRMATIVE 4/5THS VOTE OF THE
CITY COMMISSION, RATIFYING, CONFIRMING AND APPROVING
THE CITY MANAGER'S FINDING OF A VALID PUBLIC EMERGENCY
RELATING TO THE WAIVER OF FORMAL BID PROCEDURES FOR
THE PROCUREMENT OF CERTAIN ITEMS REQUIRED FOR THE
CARIBBEAN BASEBALL WORLD SERIES HELD FEBRUARY 5
THROUGH 11, 1990 AT THE ORANGE BOWL STADIUM; FURTHER
RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S
ACTION IN ACCEPTING INFORMAL BIDS AS FOLLOWS: THE BID
OF FENCEMASTERS, INC. FOR FURNISHING AND INSTALLING
FENCING AND MATERIALS AT A COST NOT TO EXCEED $16,000
AND THE BID OF CONTEMPORARY SERVICES, INC. FOR
FURNISHING PERSONNEL SERVICES AT A COST NOT TO EXCEED
$30,000 FOR SAID 1990 BASEBALL SERIES; ALLOCATING
FUNDS THEREFOR IN THE TOTAL AMOUNT OF $46,000 FROM THE
FY'90 ORANGE BOWL ENTERPRISE FUND OPERATING BUDGET, TO
BE REIMBURSED FROM THE PROCEEDS OF SAID 1990 SERIES.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
161 May 24, 1990
11
43. (Continued Discussion) MAYOR SUAREZ INVITES FART -TIME EMPLOYEES FROM THE
PARKS DEPARTMENT TO BE HEARD IN CONNECTION WITH JOB SECURITY CONCERNS
(See label 38).
Mayor Suarez: Employees from the Parks
Department, would you please stand up
and
have one of
your number
come up and
make a quick statement, as to what it
is
that you are
requesting.
Have your
group stand up so we know who is here
on
that issue.
OK. Would
you please
make a ;statement, make it as brief as
you
can and we
may have to
have the item
scheduled for a later agenda. May
sit
down.
Mr. Aldo Alia: Mayor, yo prefiero hablar en espanol porque el ingles mio no
es muy fluido.
Mayor Suarez: Can we get somebody to translate? Mr. Manager.
Mr. Alia: Right. It's better for me because that way, I can explain
everything in Spanish.
Mayor Suarez: You're doing pretty well in English.
Mr. Alia: But, it's better I talk in Spanish.
Mayor Suarez: All right. We are going to do a lot of discussion, if you tell
us what the basic problem is in English, maybe you don't need a translator.
Mr. Alia: OK.
Mayor Suarez: Your name is?
Vice Mayor Dawkins: Pull the mike down... right, there you are.
Mayor Suarez: You can pull the mike right close to you... You're doing...
Mr. Alia- My name is Aldo Alia, I'm working for the Golf Course Department
division, more than four years, about four years.
Mayor Suarez: It's Parks Department and within the Golf Course, is that right
Al?
Mr. Alberto Ruder: Yes, sir.
Mayor Suarez: And, how many years?
Mr. Alia: It's at least, about four years. I started on July 29, 1986.
Mayor Suarez: Are you a part-time, so called part-time employee?
Mr. Alia: Part—time, with thirty-nine hours.
Mayor Suarez: OK. Now, are these the same as the other ones? - and for how
many years we've been saying that they should be made into full-time, that
they are in fact full-time, I mean, thirty-nine hours sounds like an hour away
from being full-time.
Mr. Odio: There are two types, temporary and part-timers.
Mayor Suarez: Right. Are they, for example, in his case, he is working
thirty-nine hours, he has been apparently working...
Mr. Odio: He is a part-time employee as per the contract which allows us to
have, with AFCSME, that allows us to have one hundred and fifty of them.
Mayor Suarez: One hundred and fifty?
Mr. Odio: Part-timers, up to a hundred and fifty part-timers.
162 May 24, 1990
Mayor Suarez: OK. Now, there -ire some Employees that we specifically know
that we don't need for an entire day, we just may need in the afternoon. Mr.
Ruder was trying to tell me about it before who are classic part-time, they
wouldn't want to work full-time, they don't expect to work full-time, we don't
want them to work full-time. Are there some like him who apparently, from
what they have told us, want to work full-time and they have been for four
years, waiting for that extra hour, so that they can be full-time and get.
benefits.
Mr. Odio: Well, yes. What we can do is, when we have a register somewhere
else, they can apply for it. If he has been in the City for four years, he
could have applied for any job openings in other departments of the City.
Mr. Alia: Excuse me, excuse me. I applied for a different scene twice, and I
never receive any question back. Not only that, when I can show you, this Mr.
Mayor, you can see that...
Mayor Suarez: You can't tallc unless you are close to the mike, or you can
take that one with you. The hand held one, you can take with Mr. Alia.
Mr. Alia: All right. You can see that bill, and not only that one, I got one
bill, Mrs. Raquel. Regalado, I showed him the bill of my payment about two
years ago, ninety-four hours, I worked in two weeks, and you know, I received
it straight time. That is not the law, when you got forty hours, you are
supposed to pay time and -a -half. You know, when you got eleven months and
twenty-nine days, you suppose to enter like a full-time man, but it is not
given to you. Layoff, call back again. That is the law in the United States.
You know, that is the truth.
Mayor Suarez: Mr. Manager, sometime ago, maybe a year, maybe a year -and -a -
half, maybe two years ago, I know I sent memos, and I believe the Commission
discussed the issue of employees that are part-time, but are kept year after
year as part-time. They were initially thought of being cyclical employees,
only in parks, unless they specifically are only needed for a couple hours a
day, and they understand they are being hired for that purpose. There are no
seasons in Miami, they need to be kept full-time, and this is kind of a
maneuver here, a manipulation, I mean have got... or a ruse. You have got
somebody working thirty-nine hours. I thought you had informed me at the
time, prior to budget season, and the rest of the Commission, that these
employees were all going to be made full-time after serving one year in a
part-time capacity.
Mr. Odio: No, sir. No, sir. The request that you made and I looked at the
transcript, was that we had about twenty-one temporary employees, that as soon
as we could, we would move them up, and we did.
Mayor Suarez. OK. What is the difference between temporary and part-time,
thirty-nine hours a week?
Mr. Odio: The temporary employees are, we were allowed to hire them without
going through the Civil Service requirements, which is to fill out a register,
and the proper interviews, and etc. And they do not become permanent
employees of the City.
Mayor Suarez: They work forty hours a week?
Mr. Odio: Yes.
Mayor Suarez: Do they get benefits, insurance?
Mr. Odio: No.
Mayor Suarez: These so called part-time employees that work thirty nine
hours, also don't get any insurance at all?
Mayor Suarez: Well, maybe...
Mr. Alia: No, no. Nothing else, nobody got.
Mayor Suarez: Wait, sir. You are not being asked a question.
163 May 24, 1990
Mr. Odio: Let me say this. When they are hired and they are interviewed, and
they come to us for jobs and we tell. them the only thing we have is a part-
time job, it has no benefits. You might be able to work up to thirty, thirty-
five, thirty-nine hours, you want it, yes or no. And they take it. Now, that
has always been up front. We have never promised them that they will become
full-time.
Mayor Suarez: That reminds me a lot of the feudal system. You know, they
didn't promise them that they would have any rights because they had no
alternative, they couldn't work anybody else, except who ever owned the...
Mr. Odio: Mr. Mayor, you do have alternatives. We make them all full-time
and you find another six million dollars.
Mayor Suarez: I can't imagine why the extra hour would lead to six million,
but that may be something that we would have to consider, we will have to
consider it.
Mr. Odio: Well, I'll tell you how it comes up. You want me to?
Mayor Suarez: I'm not ready to argue that out with you, Mr. Manager. Vice
Mayor Dawkins.
Vice Mayor Dawkins: Mr. Mayor, you hit the nail on the head when you said
this was a fluke. Now, the Manager sat down with the union rep, and they
agreed that they would not lay anybody off, if they were allowed to work
people thirty-nine hours, and by working them thirty-nine hours, they would
have no benefits, no hospitalization, and no nothing. Getting back to our
theory of saving money, you would save money at the expense, for a. lack of
better word, holding these people in bondage. Because they have families,
they have children, they need hospitalization, and jobs are not hard to come
by, and when you put a man to work and tell him, or lady, either he can work
or go home, and he has to go to Publix every Friday to buy milk and cheese and
peanut butter, and he doesn't have much of a choice. So these individuals in
my opinion, were used and locked into a system that we knew that they couldn't
get out of, because their union representative at that, I mean, not their
union but the guy representing AFCSME me, sat down with the Manager and worked
out this agreement where they could work these people thirty-nine hours and
they would have no benefits. Now, that was done by us.
Mr. Odio: By the way, Commissioner, it happened in 1981. OK?
Vice Mayor Dawkins: It still happened.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: OK? And the reason it happened, is why I said it
happened.
Mayor Suarez: OR. One other department that is similar to this, and maybe I
am wrong on this, isn't this case somewhat similar to the famous 1199s" in
Solid Waste, who also are complaining?... that are...
Mr. Odio: Yes, they are stand by labor in Solid Waste.
Commissioner Alonso: Yes. The people in Solid Waste, some of them have been
working for three years, two and -a -half, four years, five years, I have
checked and the ones have, all of delays, you see one and -a -half, two years,
three years, four years, and these people have no rights at. all.
Vice Mayor Dawkins: None whatsoever.
Mayor Suarez: Now, is it clear in both cases?
Commissioner Alonso: And worse with the 1199s," now they are let... laidoff.
Mayor Suarez: Is it clear in both cases, Mr. Manager that any new jobs that
open up with attrition or otherwise, will first be offered to these employees
on a full-time basis?
Mr. Odio: In the case of the 119ys".
164 May 24, 1990
a
Mayor Suarez: Because the "99s" are complaining that some people passed them
over.
Mr. Odio: In the cise of the 1199s," they are moved up when there are
permanent positions opened, except since we have been in conversations with
the union, and we have eliminated five routes, which is twenty-five positions.
There has been no movement up, yet we are using less standby laborers at this
time because we have to, we have less, we are becoming more efficient in the
way we are picking up the routes.
Mayor Suarez: By the way, just .for the benefit of the public, it took me a
while to figure out why they were called 1199s." You won't believe it, because
there are 99 of them. There is no other logical category. If there were 75,
I guess it would be called "75s." I don't know.
Mr. Odio: That's right.
Mayor Suarez: Now the Manager is suggesting that we work with what, 35 of
them?
Mr. Odio: No. The last conversation we had with Mr. Simms, was that we would
go to 462 permanent positions and no standby laborers.
Mayor Suarez: None at all? So, there are zeros now?
Mr. Odio: That's what we are talking about, we are meeting tomorrow, so...
Commissioner Alonso: So, how many people are losing their jobs?
Mayor Suarez: I thought you were going to call, you told me you were going to
call them "35s," it's going to be 35 of them, now you calling it, now they are
going to be zeros, they are going to be called zeros, I guess.
Mr. Odio: No, no. We are meeting tomorrow to go over those numbers. But we
have been talking about the fact of no standby laborers.
Vice Mayor Dawkins: OK. How many Parks part-time, Mr. Simms? How many part-
time Parks people will we retain? How many, I mean, how many we will retain
of them?
Mr. Odio: Of the, you mean Parks Department, Commissioner?
Vice Mayor Dawkins: Yes.
Mr. Odio: I don't know at this time, you are going to see June 7, a proposal
on the golf courses, especially in Miami Springs, in which we have been losing
monies every year, that we go out on an RFP to have a management company take
it over, and I might propose the same for Melreese. We are studying that fact
now. We cannot keep the golf courses operational, we can't afford to do that,
and we are going to propose that in the next meeting of the Commission.
Vice Mayor Dawkins: Well, getting back to what Commissioner Alonso said, if
we have a man that's been four years on the golf course and you sell the golf
course, what is he supposed to do with his mortgage and his car payment?
Mr. Odio: Well, what we should do is hopefully, convince who ever takes over,
that they will give them first choice of work there.
Mr. Alia: No, no.
Mayor Suarez: What is lie? A typical... you finished?
Vice Mayor Dawkins: Yes, Mr. Mayor.
Mr. Odio: As you remember, Commissioner... and this is a right time to do
this I think. You remember you ordered me to sell Miami Springs? - and I did
negotiate with the County over a six month period and we did appraisals, and
they came back with an offer that I couldn't bring back to you which was only
for two and -a -half million dollars, and I rejected that. They have not come
back with another offer, so I am assuming that that's as far as it will go. I
cannot recommend that to you, so the only choice I have now is to come back to
you and say that if we don't sell it, we should give it to a management
company.
165 May 24, 1990
Vice Mayor Dawkins: If we don't sell, we should do what?
Mr. Odio: Give it to a management company to run it as a private golf course.
Commissioner Plummer: With a guaranteed return to the City.
Mr. Odio: With a guaranteed return to the City.
Commissioner Alonso: How many people are we talking about, employees?
Mr. Odio: I think it's thirteen people that work on the golf course.
Commissioner Alonso: In that golf course?
Vice Mayor Dawkins: Well, what about the rest of the parks that...
Mr. Alia: Between Miami Springs and Melreese.
Mr. Odio: Thirteen people, yes.
Commissioner Alonso: Thirteen?
Mr. Odio: Yes.
Vice Mayor Dawkins: There are other people in the Parks Department who are
working under these same conditions. Let's just don't limit this as if this
only affects people on the golf courses.
Mr. Odio: No, no. We have 150 part-time people.
Vice Mayor Dawkins: All right. One hundred and fifty of them. OK.
Mr. Odio: That is correct. And it has been...
Vice Mayor Dawkins: That's right. Now this is 150 people you talking about
throwing in the street without a job.
Mr. Odio: That's correct.
Mayor Suarez: Sir, what is your per hour pay? Sir, Mr. Alia.
Mr. Odio: Five dollars and fifty cents an hour.
Mayor Suarez: All right. Assuming...
Commissioner Alonso: Let me make it very clear. Excuse me, Mr. Mayor. I
want to make very clear, before it even comes to us, a contract if it means
letting these people go, I am not going to vote for any management contract of
any kind. If it means letting these people go, so don't count on my vote.
Mr. Odio: Well, that's your decision to make at that time.
Mayor Suarez: Mr. Manger, my calculations and you know, my math has been
wrong in the past I suppose, but if it's an extra hour a week the most of them
need, that's fifty two hours in the year times five dollars is two hundred and
fifty dollars roughly, their benefits...
Mr. Odio: No, no.
Mayor Suarez: ... let me finish my math and then you could try yours after
that. It's two hundred and fifty dollars a year just for compensation, add
benefits, which in the case of the City of Miami is roughly a factor of forty
percent, in some employee cases, and the highest is the Police and Fire with
fifty-two percent. At the very most we are talking a hundred thousand dollars
and you are talking six million, so I hope... I don't want your math now, Mr.
Manager. You don't need to gather half of your staff to try to contradict me.
Mr. Odio: No, I...
Mayor Suarez: I would hope that by next Commission meeting where we are going
to discuss the whole issue of people who get paid over fifty-five thousand
166 May 24, 1990
dollars and how we can begin to reduce those, you have a calculation for me of
what. it would take, and item by item, to make these employees into full-time,
those who want to be, apparently there some that really just want to come for
a couple of hours in the afternoon. Mr. Ruder was telling me and I know some
of them, they just go to the park for a couple hours, they are happy with a
part-time employment. The ones that want to be full-time, identify how many
there are and how much it will cost the City with a break down...
Mr. Odio: I have...
Mayor Suarezt ... Please, you can't possibly have it now because you don't
even know how many only want to work part-time. You are going to have to
first, ask them. I know a lot of them only want to work part-time.
Mr. Odio: I've been ready for this one. But, you see Mr. Mayor, the moment
you make them permanent employees, their hourly rate changes, it goes up, so
you can't calculate it on what they are making today.
Mayor Suarez: Build into the next contract negotiation with the General
Employees Union that there will be some of these employees that will accept a
lower entry level rate. It's better than working thirty-nine hours a week
without any benefits, Mr. Manager.
Mr. Odio: And just to finish that one, Mr. Mayor, besides the hourly rate
going up, then they begin to make a forty-eight percent increase in benefits.
So, if they are making five dollars, it will cost you nine dollars.
Mayor Suarez: I am aware of the percentage benefits. What they have now in
benefits is zero. Are you telling me that if these employees get hurt on the
job even, they have absolutely no insurance?
Mr. Odio: They get workmen compensation.
Mayor Suarez: That is the limit. The workmen compensation is the only thing
they get?
Mr. Odio: Yes.
Mayor Suarez: They have no insurance otherwise? - and no other benefits, no
vacation, nothing?
Mr. Alia: Senor Mayor, one of...
Mayor Suarez: Sir, we have given you a lot more time than was scheduled. In
fact, infinite more time than was scheduled because you weren't scheduled at
all. So, if you are not satisfied, you may come to the hearing that we have
on June 6th...
Commissioner Alonso: Seventh.
Mayor Suarez: At 6:00 p.m. we have scheduled the whole issue of how to reduce
the number of people over fifty-five thousand dollars in the City, in the hope
that we could increase the people who go out there and do the work of cleaning
up the City, doing Police work, doing Fire rescue, etc., at the level of field
employees, field workers, and you may at that time want to give us input.
Also, we'll be waiting for the figures from the Manager as to the impact of
what you are seeking. In the meantime Mr. Manager, do we need a resolution
that says, that these employees get first preference for any full-time jobs in
that department?
Mr. Odio: You can do it, but I will say there is no permanent positions at
this time, and I don't plan to fill any. We have, I'm holding tight of not
filling any positions.
Mayor Suarez: In the upcoming fiscal year, or in the typical fiscal year, how
many Parks Department positions become open?
Mr. Albert Ruder: Last year, we promoted thirteen part-timers to full-timers.
This year, we have already promoted five, and in process of...
Mayor Suarez: Is that clear then, Mr. Manager, without a resolution that they
in fact, get first preference?
167 May 24, 1990
e
Mr. Odio: Sure. We were doing that.
Mayor Suarez: All right. Sure sounds like yes to me, and I guess the same
thing applies to the 1199s" in the Solid Waste Department.
Mr. Cdi.o: Yes.
Mayor Suarez: And maybe a list ought to be posted of who those people are,
have some system so that they know they are not being passed over by people
who come off the street and all of a sudden, seem to get the jobs.
Mr. Odio: I wouldn't mind doing a seniority list on the part -times, and as we
get permanent positions open, to move them up by seniority, I have no problem
with that at all.
Mayor Suarez: All right. Thank you Mr. Alia. You are welcome to come back
at that time and Bill, as to your 1199s," apparently you are not in a capacity
of representing them as head of the union in that case, aren't you?
Unidentified Speaker: Standby laborers, Solid Waste Department.
Mayor Suarez: That's interesting that the other ones are not in the situation
of being represented by the president of the General Employees Union, I am not
sure why.
Unidentified Speaker: OK. Thank you.
Mayor Suarez: I said Bill, I guess I meant Dave.
44. GRANT REQUEST BY MIAMI HEATWAVE BICYCLE CLUB FOR CLOSURE OF DESIGNATED
STREETS CONCERNING 1990 FLORIDA STATE CRITERIUM BICYCLE CHAMPIONSHIPS.
------------------------------------ -----------------------------------------
Commissioner De Yurre: Mr. Mayor, while we're waiting for item 3 to come up,
if I could hear No. 36, a request for a street closure for June 3rd. 1990.
Commissioner Alonso: Which one, what item?
Commissioner De Yurre: Thirty-six.
Commissioner Plummer: Where is the street closure?
Mr. Odio: It's the...
Commissioner De Yurre: The street closure is from... it's North Miami Avenue,
NW 1st Avenue to 6th Street and 3rd Street.
Commissioner Plummer: Does this have anything to do with the Miami Heat?
Commissioner De Yurre: No, it's a bike race. And I move that we approve that
street closure for June 3rd.
Mayor Suarez: So moved.
Commissioner Alonso: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded by Commissioner Alonso. Call the roll on that item.
168 May 24, 1990
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-391
A RESOLUTION CONCERNING THE 1990 FLORIDA STATE
CRITERIUM BICYCLE CHAMPIONSHIPS TO BE CONDUCTED BY
MIAMI HEATWAVE BICYCLE CLUB ON JUNE 3, 1990 PROVIDING
FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC SUBJECT. TO THE ISSUANCE OF FERMITS
BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY
BE INSURED AGAINST ANY POTENTIAL LIABILITY;
CONDITIONED UPON THE ORGANIZERS PAYING FOR THE
NECESSARY COST OF CITY SERVICES ASSOCIATED WITH SAID
EVENT.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: The people with PZ-17 would like to defer, I mean
continue 17 until. the next zoning meeting.
Mayor Suarez: OK. Both interested parties in agreement. Have you been able
to ascertain that?
Vice Mayor Dawkins: Yes. I don't know about the people on the...
Commissioner Plummer: PZ-17.
Mayor Suarez: I want to make sure... yes, that they are both... the opponents
so that they don't say they...
Vice Mayor Dawkins: Opponents. Any opponents to Seventeen?
Mayor Suarez: PZ-17, raise your hand if you hear an opposition to the
granting of that application - PZ-17 which is scheduled for 5:00 p.m.
Commissioner Plummer: That's a City application.
Mayor Suarez: It's a City application... So the people that want deferral are
probably who are opposed then... or the people in favor?
Commissioner Alonso: In favor.
Mayor Suarez: Of the general public that is involved. Guillermo, does this
pose a problem— can we just announce a...
Mr. Guillermo Olmedillo: Continuance.
Mayor Suarez: ... continuance?
Mr. Olmedillo: You may announce it, yes, sir.
169 May 24, 1990
Mayor Suarez: OK. Do we need to take it in a form of a motion, Mr. City
Attorney?
Mr. Fernandez: Yes. So that it doesn't. need to be re -advertised —
Vice Mayor Dawkins: Move it.
Mayor Suarez: OK. So moved.
Vice Mayor Dawkins: Continued to the zoning meeting.
Mayor Suarez: Why don't we include those other items which were 4, 5, 6, and
7 and formally continue those also until June 27th.
Vice Mayor Dawkins: So moved.
Mayor Suarez: So moved.
Commissioner Alonso: Which items did you ... 7
Mayor Suarez: We are continuing...
Commissioner Alonso: Seventeen and what else?
Mayor Suarez: These other four that were pulled by the Administration.
Commissioner Alonso: OK. Fine. Second.
Mayor Suarez: Moved and seconded. Any discussion as to that, call the roll.
UPON BEING MOVED BY VICE MAYOR DAWKINS AND SECONDED BY
COMMISSIONER ALONSO, ITEMS PZ-4, PZ-5, PZ-6, PZ-7, AND PZ-17 WERE
CONTINUED TO THE NEXT ZONING MEETING SCHEDULED FOR JUNE 28, 1990
BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
170 May 24, 1990
45. DISCUSSION CONCERNING CONTRACT FOR CHIEF OF POLICE - DIRECT CITY
ATTORNEY TO DRAFT ORDINANCE TO REINSTATE SECTION 26 OF THE CITY CHARTER
IN ORDER TO REINSTITUTE THE DEPARTMENT OF PUBLIC SAFETY - DESIGNATE CITY
MANAGER AS DIRECTOR - DIRECT POLICE DEPARTMENT'S NAME BE CHANGED -
STIPULATE POLICE CHIEF AND CHIEF OF THE FIRE DEPARTMENT CANNOT BE FIRED
WITHOUT THREE POSITIVE VOTES FROM CITY COMMISSIONERS.
Mayor Suarez: OK, we're back to item three. It is on the agenda as including
potential contracts for more than one high level City employee, but I don't
know that, that's seriously been considered as to others. We may be here just
simply on the issue of the Chief of Police's request for a permanent, or a
fixed term agreement. Mr. Manager, do we have.... where did he go? Is there
anyone that wishes to make a statement one way or the other on the issue of a
fixed agreement, or fixed term agreement for the Police Chief and for that
matter, the Chief, the Manager and whoever else was included in the agenda?
Would you raise your hand, please? Would you please approach the mike and go
ahead and make your statement, Dr. Phillips:' Keep him to two minutes, Madam
City Clerk, please. And if they begin to get repetitive, you may just state
your name and say you support the prior statements. The same goes for anyone
in opposition who wishes to speak.
Mr. Roy Phillips: Mr. Mayor, my name is Roy Phillips and I'm here to speak in
support of a contract for our Chief of Police. A City this size with the kind
of problems that we have, that we've had in the past, it seemed to me that it
would be within the best judgment of this Commission to provide a contract of
three years, or whatever the numbers are, to one of the highest ranking
officers that you have in terms of law enforcement. I would say if you did
not do this, this would really be a slap in the face to citizens who live in
this community who need stability in the Police Department. You're aware of
the many problems that we've had, and we have a fine Police Department here in
the City. I think we have a fine Police Chief who's done a great job, and I
would say it should be incumbent upon this Commission to provide him a
contract. Now, if you think he's not doing a good job, you ought to fire him.
But I think, and many citizens of this County feel, City feel, that the man
has done a good job, and I would think and I would ask you to please support
the granting of a contract to provide stability, professional law enforcement,
to a man who has done a good job. So I would strongly support that you do
this in the interests of the citizens of Miami. Thank you.
Mayor Suarez: Thank you....
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Plummer.
(APPLAUSE)
Commissioner Plummer: At the last meeting I had requested of the Manager to
provide me and this Commission with a paper... is it in the backup?
Commissioner Alonso: Yes.
Mr. Odio: It is.
Commissioner Plummer: On the three.
Mr. Odio: Item three.
Commissioner Plummer: That would be the Police Chief, the Fire Chief, and the
Manager.
Mr. Odio: Yes, it's there.
Commissioner Plummer: OK, thank. you.
Mayor Suarez: Reverend. Go ahead, Reverend.
171 May 24, 1990
4
Rev. G. David Hortnn: I'm G. I?av1d Horton, pastor 0f. Greater Neva Bethel
Baptist Church and president of the Baptist Ministers Council of Dade County
and vicinity. We are here - I am here to speak on behalf of that group of
forty plus pastors to say that we are in agreement with the speaker that
preceded me to give to Chief Anderson some type of an agreement, a workable
agreement. We understand the difficulty in trying to work without a contract.
I most certainly would not be one who would have a job or position without a
workable contract. So, on behalf of ministers and behalf of the churches
across Dade County, I would urge upon the Commissioners and the Mayor and
those of youwho have the power to do so, to give to our Chief who has done a
splendid job - we can appreciate his integrity, we can appreciate his
administrative skills, we can appreciate his morality, and so we are in full
support of him having a contract.
Mayor Suarez: Thank you.
(APPLAUSE)
Rev. Willie M. Starkes: Mr. Mayor...
Mayor Suarez: Reverend Starkes.
Rev. Starkes: To the Commission, during the civil disturbance of January 16th
and 17th, 1989, you called upon the clergy to help quell those particular
disturbances. You demonstrated your desire for our input by appointing some
of us to various investigative and advisory panels. We took this as a meaning
that you not only desired our service to quell the then present disturbances,
but also our advice as to the prevention of further disturbances in our
community. For that reason, we advise you to vote for the security, job
security, for Chief Perry Anderson, Jr. Not that it is just politically wise,
but is also the moral, the right, and the just thing to do. You came to us at
election time and asked for our support. Right now, we're asking you to
return that favor by demonstrating to our community that you sincerely have
the concerns of the total community of Miami at heart. So, therefore, we urge
you and we advise you that you give the Chief this type of job security that
he need to fulfill his duties. We thank you.
Mayor Suarez: Thank you, thank you, Reverend.
(APPLAUSE)
Mayor Suarez: Reverend Eubank.
Rev. Eubanks, Sr.: Mr. Mayor, Commission, my name is Vane Eubanks, Sr. I'm
pastor at Greater Bethlehem Baptist Church, Miami, and the president of PULSE,
Peoples United to Lead the Struggle for Equality. I'm here on behalf of Chief
Anderson and to appeal to the Commission, the Mayor, and all concerned persons
of Miami for the concern of the safety of our City. Our Chief has been
commended for the splendid job that he has done. We realize that he have
awesome task. And need to be at peace of heart and mind at all times when he
administers his office. If it means that offering Chief Anderson a contract
that will set a precedent for this City, then if it takes us into a new
dimension, then so let it be. I believe a contract - the less than $300,000
that I`ve noticed in some instance with a figure that has been given is far
less than what has been spent in many other instances. The question comes up,
where are we going to get the money from? We get money to pay for everything
else and I believe the safety of this community without any other disturbance
if it means giving him a contract, give him a contract! If he must be awake
while others are sleep and protecting the life and the safety, the property of
this community, give him a contract! Thank you.
(APPLAUSE)
Mayor Suarez: Thank you, Reverend. Jacques.
Mr. Jacques D'Espinose: Mr. Mayor, members of the Commission, my name is
Jacques D'Espinose. I am the president for the Haitian American Democratic
Club. As we are approaching the end of the 20th century, we seen the relation
been improving between. the East and the West. The _ + to Miami to
meet with the Cuban community, there's peace. I think it's about time here in
the City of Miami, we show some leadership by stop dividing the community, the
Black versus White, the Cuban versus the Haitian, the Haitian versus the
172 May 24, 1990
0
Hispanic, I think it's about. time. I think Chief Anderson has been doing a
good job. Where is the contract? Not too long ago, with the vote of the City
of Miami, give a contract to the Mayor and the Commission for four year term.
I think we can do the same with him.
(APPLAUSE)
Mayor Suarez: Mrs. Gibson.
Mrs. Thelma Gibson: Honorable Mr. Mayor and members of the Commission. I'm
Thelma Anderson Gibson, and I live at 3661 Franklin Avenue in Coconut Grove.
I always say that I come to this Commission not intending to speak, but when I
read the paper and see what's going on, and I don't believe everything I read
in the paper, but I've had some concerns because we, in the Gibson Memorial
Fund, is about uniting this community. And I think that when I look at what's
happening in this community, my heart is very heavy because I see a split
community, and we need not be a split community. We have a multi -ethnic
community, and we should be about getting along together in uniting this
community. I know when the chief was born, and I've watched him grow up, and
I saw him get his education, and I saw him put his heart into the Police
Department. And he did not ask for this position. He was asked to come in
and serve this community. I think that for his security, and all of us watch
how people get hired and fired in this City, and I think that we all know that
there are people out here who are saying that this should not be the Manager's
job. That the Commission is the one who hires and fires and I happen to know
the Manager has to hire and fire. And I know that the Manager sets the salary
for his immediate staff as far as it goes. And I think that what we need to
do here is to have this Commission say to the Manager that the Chief of
Police - and it may be a setting a precedent, I'm not sure that, that's so,
because I've heard the argument on both sides of what the ordinance says is
that nobody has ever had a contract and the Police Chief. The time may have
come that we need to change and give a contract to the Chief because he
deserves that. ...(APPLAUSE)... I just believe that for once in this City,
we ought to do what's right about the Chief of Police and not have him know
that one day he may walk up here and, at the whim of somebody, he may say that
he can no longer be the Chief of Police. And I'd like to see us give him that
three year contract that he's asking for so that we could keep a united
community. Thank you very much.
Mayor Suarez: Thank you, Mrs. Gibson. ...(APPLAUSE)... Mrs. McMillan.
Mrs. Johnnie McMillan: My name is .Johnnie McMillan, president of the National
Association for the Advancement of Colored People. I live at 18600 N.W. 48th
Court. I'm here to speak on behalf of the NAACP. I do hope that each of you
has received a letter that we did send to you in support of the Chief and the
receiving of his contract. We understand all of the arguments, but there
comes a point when you, as leaders, have to take the reins .and decide what is
best for this community. We're hoping that you will do that. We understand
the process of your having to tell the City Manager what to do in terms of
what has to be done for employees when, in fact, it's not being done. What
we're concerned about today is the fact that Chief Anderson is looked at in
terms of his record. If there is a problem, then everybody needs to know
about it. We have not seen one that we are aware of. Therefore, we would
like to say that see no reason why you should not support him. The other
thing we have to be very concerned about is right now in Tallahassee there is
a budget that is threatening to cause many persons to lose their job because
we're going to be cut here in Miami, and we know who is going to suffer the
most. The amount of problems that we face in this community coming up for the
next two months will not be needed to be added to by continuing this
divisiveness that is going on now. We cannot continue in this community with
this ethnic divisiveness. We expect our leaders to stand up and to stop it
and stop it today. You know what you have to do. We want to urge you to do
that. We're asking that you look at the situation, that you understand the
black community is very concerned. We've come down several times with
concerns that we've had. We're asking this time that you look closely at it
and understand that Chief Anderson has - there is no reason why he should not
receive his contract and we're asking that you see that City Manager does that
for him. That is done for the community to bring some rest so that the police
officers can go back. to their jobs. It would be so nice all the time we're
spending now, we could be spending out in the schools or out in the community
doing their jobs. Thank you.
173 May 24, 1990
a
a
(APPLAUSE)
Mayor Suarez: The former Miami City Commissioner, Athalie Range.
Ms. Athalie Range: Thank you, Honorable Mayor and Honorable Commissioners.
My name is Athalie Range. I reside at 5727 N.W. 17th Avenue here in the City
of Miami, Florida. Miami, as we know it, is the leading, the greatest
municipality in Dade County, and I think we should lead in all facets. I
think, however, in this particular facet, we are not leading, but we can at
least be followers. By that I mean, it is my understanding that over the past
few months or years, that contracts are now being let in several of the
municipalities to Police Chiefs and others in high positions. And I think
this is being done for a very good reason in order that these persons may be
able to carry out their duties without fear of repercussions from special
interest groups, or from those who are so great in number that if whatever is
done is not done to the pleasure of these particular persons, that they might
stand in danger of losing their jobs. I think we cannot afford this. I think
Chief Anderson has proved himself to be a very fine person, a very fine Chief
thus far. He has risen to every cause and now that we have come to this point
as to whether he is to receive a contract so that he might work in peace and
harmony with and for this entire community, that it now becomes the awesome
task of this Commission to search its conscience and its soul and to find
within it reason enough to give a man all of the right and all of the power he
needs to operate a City the size and of the magnitude of Miami, Florida.
Thank you very much.
(APPLAUSE)
Mayor Suarez: Thank you. Mr. Biambi.
Mr. Roger Biambi: Mr. Mayor, members of the Commission, my name is Roger
Biambi. I'm here to speak on behalf of securing a contract for the Chief of
Police. I've known the Chief of Police for the past ten years and from the
Haitian perspective, I can tell you that he was the first person when he was
head of the community relations as a major to hire a Haitian to increase
communication between the Haitian community and the Miami Police Department.
He was very instrumental as well, understanding that in Dade County there are
157 ethnicities, that a need exist to sensitize the various groups working as
police officers to understand each other's ethnicity so that wrongful arrests
can be reduced to a minimum simply by educating police officers about each
other's ethnic, cultural identities and norms and values and ways of behaving.
If you provide him with a contract, you will, in essence, depoliticize the
Chief of Police job, so then he can concentrate in materializing his vision
for the Police Department. Then he can go ahead and take care of the citizens
of Miami who are in need of police protection so that he can concentrate on
doing law enforcement job for the citizens of the City of Miami. So I urge
you to provide the contract that he requires.
Idayor Suarez: Thank you, Mr. Biambi.
(APPLAUSE)
Mr. Calvin Howard: Mr. Mayor, members of the Commission, my name is Calvin
Howard. I was born in Miami, raised in Miami, and educated in Miami. I am
presently employed by the Dallas Police Department with seventeen and a half
years of service. I am presently the regional chairman for the southern
region of the National Black Police Association. And I am the immediate past
president of the National Black Police Association. I have a prepared
statement for you on behalf of the National Black Police Association, Southern
Region. And it reads:
"On behalf of the membership of the Southern Region of the
National Black Police Association, I stand before you in support
of Chief Perry Anderson and the members of the Miami Community
Police Benevolent Association, a very active individual and
organization within the Southern Region of the National Black
Police Association. As an organization of professional law
enforcement officers, we too are just as concerned about the
leadership of our police departments across this country. Many
officers have a tendency to police people and communities as a
result of their top administrator who is normally the Police
Chief. If the Chief of Police is insensitive, then the officers
are insensitive. And Perry Anderson is a sensitive Police Chief
174 May 24, 1990
0
and has tried to instill sensitivity and integrity in the offices
of the Miami Police Department against all. opposition. In a time
and era when police community relations has deteriorated, every
citizen, every city needs a Police Chief the caliber of Perry
Anderson to instill trust and integrity into agencies they have
been empowered to lead. it is easy to criticize the Chief of
Police when crime statistics show rise in your City. But how can
you control crime in the community and the criminal element on the
outside when you are plagued with allegations of criminal activity
within your law enforcement agency? How can you control the
criminal element when the criminals are wearing badges, guns, and
uniforms of our law enforcement agencies?"
(APPLAUSE)
"At a time when the Chief of Police is trying to clean up this
department, you have individuals crying, "get rid of the Chief."
Is this call to get rid of the Chief, or not to renew his
contract, coming from officers who want the Miami Police
Department to continuously to be recognized nationally in training
films as a model Police Department? Or is this call coming from
those individuals with the 'good ole boy' mentality that wants a
Police Department where they can control the Police Chief? The
City of Miami and the State of Florida leads the nation in filing
charges against those officers that have betrayed the public
trust, and this is because of people like Chief Perry Anderson and
those who have led the Police Department in the past. When you
have Police Departments that refuse to let the officers use police
brutality, police corruption, police misconduct, it's because of
individuals like Perry Anderson. It is because of these
individuals who have been fired, indicted, and convicted, officers
of the Miami Police Department, is the reason why a group of
officers are seeking the retirement of Chief Anderson. Should
this be the case, then I question these officers' motives. What's
in it for them? The City of Miami and the County of Dade have
received enough negative national publicity over the years and
many good officers of the Miami Police Department had to carry the
negative label placed upon them by officers who used their
positions and the colors of law enforcement to violate the laws
and trust of the community. I ask you, how can we ask the
citizens of Miami, or any other city in this county, to be law
abiding when the same individuals who are enforcing the laws are
the ones breaking the laws, by dealing drugs, conspiring to deal
drugs, committing murders, or civil rights violations and other
crimes against society? And you call them peace officers or law
enforcement officers. When we start turning our police
departments over to leaders of unions or organizations then you
must be ready to take the blame for the lack of professionalism
shown by your officers. When they mess up, will you be willing to
take the blame? The Miami Police Department has had several good
Police Chiefs prior to Perry Anderson. And Chief Anderson has
attempted to keep the positive image of his department throughout
all of the negative publicity. Removing Chief Perry Anderson from
the position of Police Chief for the City of Miami will be a
disservice to the good officers of the departt!,ont and a disservice
to the citizens of Miami. Miami Police Department must go forward
into the 20th century and let the incidents that have tarnished
their image remain in the past as a lesson to be learned by all
Police Departments across this country."
Thank you.
(APPLAUSE)
Mayor Suarez: Please. The lett.er... if you'd like, the text of that. letter
will be entered into the record as a separate item. Lottie.
Ms. Lottie Hines: To the Mayor and fellow Commissioners, I stand here this
evening, I concur with everything everyone has said. But as knowing Chief
Anderson from the Community Relation Board as he worked with us, and he was a
well mannered person at. all times. A very good person. I stand here and I
say to you today, a contract, and most of your proposals come through are
contracts, so why not a contract for the Chief? There were a lot of old
people this evening who really wanted to come down to this Commission, but it.
was really raining outside, if you know it is raining. But they wanted to
175 May 24, 1990
come her.P to support him. Therefore, you have this whole City and really the
County behind this gentleman. I would like for you to look at what you're
doing because a lot of times we sit back and we, the people, that's looking
for the service out there, maybe we don't understand, but the ball court is in
the Manager's hand and Mr. Manager, 1 would like to say to you, he's a very
well bred gentleman ready for the job. He wants the contract. We want him to
have the contract. Please give him the contract.
(APPLAUSE)
Mayor Suarez: Please, please.
Ms. Hines: I stand here wanting the contract for him. Please give it to him.
Mayor Suarez: Thank you for your statement. Lori.
Ms. Lori Weldon: Hello...
Mayor Suarez: We're going to particularly hold you to two minutes because
we've heard from you before on this issue, so please make it brief, Lori.
Ms. Weldon: OK, OK, fine, already prepared. Lori Weldon, 160 N.W. 44th
Street. There is not one corporation in the United States with an income or a
budget of over $78,000 where their chief executive officer is not without a
contract or making at least $100,000. There's certainly not one with a budget
of $80 million dollars with a CEO officer without a contract and without
making a substantial amount. But we are mainly concerned with the fact that
we have an individual. who is CEO of an $80 million dollar entity. He should
have...
Mayor Suarez: The comparison, by the way, if I may interrupt you, is not all
that relevant. There's no company with a $250,000,000 budget...
Ms. Weldon: Well, we'll let him explain the difference.
Mayor Suarez: ...Lori, where the chairman of the board or the board members,
in this case, the Commission and the Mayor, make $5,000 a year either, so, you
know...
Ms. Weldon: OK, fine, but Chief Perry Anderson went through the roil call of
the differences where he is different from the rest of those as far as
carrying a gun, going into volatile situations, etcetera, so I won't dwell on
that, that has been stated. I will just go on to say that lip service is fine
when you go to a banquet, or when you have your ribbon cuttings, or any other
social events you may attend. A vote of confidence is fine where your
children and your grandchildren to help them in school, but here we need
something on record and in black and white documentation. We need you to give
Chief Perry Anderson his assurance and ensure this community by giving him
that in helping us to heal the rifts in our community. I also hope that you
will show us your sincerity at this time and not just once every four years
when you come to solicit our votes, and that you are sincere in helping this
community, and that you really appreciate us by giving us his contract. We
want to see that we're not merely a convenience for you when you need us, and
that you just give us legalities when we need you. Thank you.
(APPLAUSE)
Mayor Suarez: Thank you for your statement, Miss Weldon. Mariano.
Mr. Mariano Cruz: Mariano Cruz, 1227 N.W. 26th St. I have known Chief. Perry
Anderson for many years and I think he's a very professional individual but
that will be your decision. it's a political decision and let me add to that,
that it would set a precedent, but I think that would be for the whoever
follow him would have to go through the same thing. Adding to that, I'd like
to see, according to item three here, it won't be on only, you will be
discussing not the Chief of Police but as well as the City Manager and the
Fire Chief. So, whatever if I - you're going over the County Manager because
he was hired by the City Manager, it will be your decision to do. I don't
think there's anybody more professional in the job that he has been doing than
Chief Perry Anderson.
(APPLAUSE)
176 May 24, 1990
Mayor. Suarez: Thank you for your statement. Wait a minute, Reverend. In the
chambers, please in the back, we need quiet to complete the proceedings.
Reverend Dunn.
Rev. Richard Dunn: To the Mayor, Commissioners, I'm here because of the
accusations that were brought up against the Chief. First I said that I would
not interfere and intervene with thi-o situation any longer, but when I read
the other day about the accusations, it is bad to be accused, falsely accused,
of something when one is innocent. And particularly to be accused of in this
day and time, of being a drug abuser. And that is really a terrible way to
assassinate one's character. To accuse someone of being a drug user and
abuser. Furthermore, to go to the extent of flying messages all across the
City, we don't need any more division in our City. I am for the good of this
City. I would like to see our community walk hand in hand as the late Dr.
King said, black, whites, Jews, gentiles, Catholics, Latins. This is the way
it ought to be. However, I'm convinced now that the contract would really lay
to rest much of the controversy that's being caused in the Police Department.
I think the final decision lies with you, the Commission. I know it's not
politically expedient to gi•!e a contract to anyone, but I think, at this time,
our City is on the verge, is on the verge of another 1980. Now, we can
vacillate. We can straddle the fence. We can play politics and we might have
another situation on our hands. I hope not, I pray not. I would like to see
our City healed. I would like to see our. City come together, but this
Commission has the task, the challenge, of doing the right thing, and I
support the contract for Chief Perry Anderson and I hope that you will make
that decision today. Thank you very much.
(APPLAUSE)
Mayor Suarez: All right, Reverend. As to anyone else that wanted to be shown
in favor of the contract -a lot of you have tee shirts, it's pretty evident -
but if you would please raise your right - either one of your hands, for that
matter. Thank you. You support the contract. I think the record reflects
it's a large number of people in the chambers. Thank you. I intend to close
the public hearing at this point.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Is there anyone that wishes to be heard against the idea of a
contract for the Chief at this point? We have - I want the record to have all
of the letters of support that I have received, and make sure you get them
all, Madam City Clerk. We received another one today which appears to be
against and I want this in the record also. Please, proceed. If you're going
to move away from the mike, you've got to take the hand held one.
Mr. Hugo Rodriguez: No problem. Good afternoon, Mayor, Commissioners. My
name is Hugo Rodriguez. I represent the Hispanic Officers Association of the
City of Miami Police Department. I've been asked by the organization not to
parade many people before the board and I have a very short, concise, precise
statement that I would like to discuss with the Commissioners. I agree with
Rev. Dunn, and it's unfortunate that any differences the Hispanic officers,
subordinates of Chief Anderson, have with Chief Anderson, have escalated, or
been portrayed by the media, or by anyone else as a Black -Hispanic, Black -
White, Hispanic -White issue. Since I have been involved with the Hispanic
Officers Association, we have always and we will continue to properly follow
all administrative protocol in addressing any differences they have with the
administration. As long as I have been their counsel, we have followed that
in raising issues with Chief Anderson and his administration, bringing them
before your board, or seeking whatever legal remedies are available to them
under the law. That's one issue, and that should not even come into
consideration here. It doesn't matter, the H.Q.A., whether the individual who
is seeking contract with the City's name is Anderson or Rodriguez. The issue
is greater than that. You obviously are very satisfied with Chief Anderson's
performance. We don't question that. Chief Anderson leads by example. No
other police officer in this City has a contract for employment. You lead by
example. A contract does not insure performance. You're satisfied with his
performance, you compensate him for his performance. If he needs to make more
money, you give him more money. But what you do in this public sector, and I
have represented municipalities and state agencies in the past, is what you do
by giving a public employee a long term contract, is you divorce yourself of
the exact privilege for which you were voted into office for - to make a
177 May 24, 1990
ministerial decision as to what is in the best interests of the City. This
has got nothing to do with Chief. Anderson - excuse me. This has got nothing
to do with Chief. Anderson. It has to do with the example that you set for
every other police officer, White, Black, Hispanic or anything else. You lead
by example. What you're doing is, you're creating by contract a liquidated
damages clause. If you take an action, he is entitled to money. Chief
Anderson and any other employee of the City of Miami is entailed with the same
rights and privileges that you grant them under the City Charter, under the
various ordinances, and under the law. We're saying, there is division in the
Department, let's bring it together. Everyone should stand equally. If the
man deserves more money, you pay him more money. But there's no reason for
long term contracts, not to Chief Anderson, but to any employee of the City of
Miami Police Department. You compensate performance, you don't compensate for
past performance. Thank you very much.
Mayor Suarez: ....for your statement.
Jerome Wolfson, Esq.: Mr. Mayor.
Mayor Suarez: My intention is to close off debate. Counselor, since you
represent the Chief, we'll take your statement and hear from the Manager and
the Commission and dispose of the issue.
Mr. Wolfson: Mr. Mayor, Commission. As attorney for Chief Anderson, I would
say that the choice belongs to the people. I would, therefore, pass. I don't
think the lawyers belong in this at this point, and I would ask for the will
of the people.
(APPLAUSE)
Mayor Suarez: Mr. Manager.
Mr. Odio: Yes, sir.
Mayor Suarez: I know you've been negotiating on possible agreements.
Mr. Odio: No, they...
Mayor Suarez: Did anything come forth from those? -or are you prepared to do
anything or recommend anything that would have consequences that this
Commission would have to in any way, approve?
Mr. Odio: I have to say first that I'm glad that I made the right decision in
appointing Chief Anderson. I see he's got that many friends. It was me that
appointed him. I decided that he was the man for the job when I hired him,
and I still think the same way today. I have not wavered from that position.
I think I made the right decision when I appointed him. I also have to think
of the greater picture which is the whole City of Miami. Of my whole staff,
of the Fire Chief and everybody else that surrounds me on a daily basis. Do
they have more responsibility than Chief Anderson? Some do, some not - not
have greater than he does, I'm sure of. that. I know what he goes through
everyday. I do also know that I have always supported him in every decision
he's made. I support him today, allegations or no allegations. I don't
believe in them. They will be fully investigated as they should be in the
proper frame. I have told Chief Anderson not now, but six months ago when the
issue of a contract came up, that I felt that I could not do that. I haven't
changed my mind yet. I felt that I could guarantee him his job as long as I
had my tenure, and or as long as he performed as he has to the present time.
As late as yesterday, I told him I'm willing, if you want to call it a
contract, if you want to call it a severance pay package, that if you get
fired without cause, you get paid for it because nobody should get fired
without cause. That I could extend a piece of paper, a contract or whatever
kind you want to call it within my authority without Commission approval in
some instances. And I have to follow the lead of the City Attorney what he
says that I can and cannot do, that I would bind him until September 30 of
1991,.which is the budget year of next ,year, and I'm still willing to
recommend that. As far as a three year contract, I don't feel that morally or
professionally that I can recommend that because I cannot bind future City
Managers to a Chief' of Police that works for a City Manager. I had the honor
and the privilege to make the decision of picking him to work for me, and I
have enjoyed these past two years in spite of all the ups and downs that we do
have, I enjoy working with him. But that's as far as I can go, Mr. Mayor.
1 i 8 May 24, 1990
Mayor Suarez: Commissioners, anything from the Commission?
Commissioner Plummer: Mr. Mayor, I said at the last meeting and I'll say at
this meeting, I think it is unfair to speak just of Chief Anderson. I think
we have to speak, if we're speaking in the terms of a contract, to public
safety. I don't feel that it is even fair to speak to a Police Chief, whether
he be Anderson today or someone else tomorrow, without speaking to the Fire
Chief and the Manager. I don't know how that you could have an employee who
works for the Manager, who would have a contract and his boss does not. To
me, that makes no sense at all. I think that I grew up under an old theory
that says, that the best job security is a job well done. Perry Anderson has
done a fine job for this community. I don't know of anybody who has said to
this Commission, or otherwise, that they want Perry Anderson out. And I have
said and this Commission has said that we back the Police Chief as long as he
continues to do a good job. I don't think there's anybody sitting on this
Commission, if there was cause, who would let dollars stop the firing of
someone who has done something that is not right. Dollars are not the issue.
The Chief himself said that this is not an economic situation. I think that
if we're going to speak in the terms of a contract, which would be a great
deviation from the way this City has been run in the past, that I would not
support any contract for one without supporting the combination of total
safety. That would be the Police Chief, the Fire Chief, and the City Manager.
Mayor Suarez: Anything further? Mr. Wolfson, one question of you, sir.
Discussions that you and I had, I suggested that in some situations the
Manager may be disposed or inclined, and I believe it's been discussed, to
award a yearly renewable contract, and is it correct that your client is not
interested in that?
Mr. Wolfson: Sir, the City Attorney and I do not share the same legal opinion
as to the tenure of the Chief.
Mayor Suarez: Ah!
Mr. Wolfson: I say that Section 26 lives, I say the Chief is Chief for life.
I - my name is the lawyer, he asked me to talk.
Mr. Odio: Let me ask you a question, please. And this is important. I need
to do this. If section twenty...
Mayor Suarez: OK, I had a follow up question, Mr. Manager, but go ahead.
Mr. Odio: OK.
Mr. Wolfson: My client, if we're... Mr. Mayor...
Mayor Suarez: No, I'm sorry, the Manager wanted to make a clarification. Go
ahead.
Mr. Odio: I just wanted to ask you a question. If Section 26 lives and for
those of you, you don't know what that means, means that the Chief of Police
has more protection than anybody else in the City of Miami. He cannot get
fired. Then we don't need a contract and that's the issue that I had in front
of me.
Mr. Wolfson: May I address
stand, sir?
Mr. Odio: If section 26 stands, then we are talking for no reason at all.
Mayor Suarez- Right.
Mr. Wolfson: However, yesterday, I heard the phrase from the City Attorney
that the Chief, his attorney - your attorney, his attorney - the Chief could
be fired with the swipe of a pen. I heard that and it cut me to the heart. I
cannot subject my client in any way to be fired by the swipe of a pen, and if
I am misquoting, please correct me now.
Mayor Suarez: One other question. I asked you about a contract which would
include a yearly performance evaluation with certain objective criteria such
as, for example, the one that the City of Miami Beach has, your answer was -
and I want to ask you if it still is - that, that take. way rights from him
as you presently see the Charter.
179 May 24, 1990
1
Mr. Wolfson: However, I have to go by what the interpretation of the City
Attorney is as concerns this men's rights at this time. My client is
evaluated everyday. Everyday he wakes up and he puts on his shoes and he goes
to work, he's evaluated. He's in the public scrutiny. The newspapers have
evaluated him, he's been libeled, he's been slandered. Everybody evaluates
him. ...(APPLAUSE)... A day does not go by that he's not on center stage.
Everybody looks at him and everybody has got something to say to him. There's
little rumors about him flying around from day to day. He needs job security.
He wants to get away from that. He is willing to accept - there's a rough
draft. I put man hours into working out a rough draft.
Mayor Suarez: But your statement is, that under the present
Charter, I
believe, as
you told me, he can only be fired for cause as defined
in Section
26 that you
believe is still in the Charter which means...
Mr. Odio: He cannot be fired.
Mr. Wolfson:
OK, I'll... no, no, no.
Mayor Suarez:
I believe the wording of ;t is...
Commissioner
Plummer: Let me ask a question, counsel...
Mr. Wolfson:
He needs it... they have said that, that's wrong.
Commissioner
Plummer: ...where in your wildest imagination that if the Chief
had a contract that these rumors are going to stop?
Mr. Wolfson:
No, they're not going to stop, but...
Commissioner
Plummer: That's right. So, I mean, what are we
trying to
accomplish?
Mr. Wolfson:
He wants job security. You heard the Chief last
time. You
heard everything he said last time he was here.
Commissioner
Plummer: I heard very well.
Mr. Wolfson:
He wants job security.
Commissioner
Plummer: But it's not, according to him, economic.
Mr. Wolfson:
Right.
Commissioner
Plummer: Then what is it?
Mr. Wolfson: He's not asking for any more money.
Commissioner Plummer: If it's not economic. If the other side of the coin is
not economic, what is it? I'm not speaking to the job security. But if, in
fact, he was terminated without cause, then there's dollars, that's economic.
What is it that is being said by him and let him answer it, please, that it's
not economic? If it's not economic, I mean, are we talking about what? -you
know, dollars are dollars.
Mr. Wolfson: He talked for over an hour about this last time, sir.
Commissioner Plummer: I understand but I didn't understand. I understand
what he said, but I didn't understand it in reality.
Mr. Wolfson: Before he speaks, Mr. Mayor, my client will accept a three year
contract and there are terms and conditions that I have recommended to him and
that legally can be worked out that the City Manager can sign, and I would
appreciate my legal opinion being as respected as it is outside of this room.
Vice Mayor Dawkins: Mr. Mayor_
Mayor Suarez: Well, that's up to the Manager to work out. But at the last as
we left it, even if the Manager agreed to some of those things, it was
impossible under your understanding of the Charter, and that's why I wanted to
put that on the record. He did not want performance evaluations according to
180 May 24, 1990
what you stated to me because he felt he had more rights under the present
Charter., as you understand it. Vice Mayor Dawkins.
Vice Mayor Dawkins: Mr. Mayor, Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: Is Section 26 in force or not?
Mr. Fernandez: No.
Vice Mayor Dawkins: OK. And since it's not enforced, it was removed by
ordinance. Is that right? -an ordinance?
Mr. Fernandez: Correct.
Vice Mayor Dawkins: Ordinance number 7245, right?
Mr. Fernandez: Correct.
Vice Mayor Dawkins: And anything removed by an ordinance can be replaced by
an ordinance. Is that correct?
Mr. Fernandez: Correct.
Vice Mayor Dawkins: So, therefore, if we are sincere about job security, and
we're not concerned about the individual per se, but the title, and that is
that the Police Chief position, the Fire Chief position, and any other
position. Let's get away from names, OK? So if it was removed - Section 26
was removed by ordinance and that's the section which said: "...that if either
of such of the Chiefs be so suspended, the City Manager shall forthwith
certify the fact, together with the cause of suspension, to the Commission
who, within five days from the date of receipt from such a notice, shall
proceed to hear such charges and render judgment thereon which judgment shall
be final." Now, the Chief of Police may be suspended by the City Manager, but
it has to take three votes of this Commission, according to Section 26, to
fire him. So now, comes the time to see whether we're going to fish or cut
bait. I moves that ordinance number 7245 be rescinded and that Section 26 of
the Charter be reinstated by ordinance and that the Chief of Police and the
Fire Chief cannot be fired without three votes of this Commission and in so
doing, we go back to the Department of Public Safety and in order to keep down
union flak, I recommend that the ordinance state that the City Manager will be
the Commissioner of Public Safety and that the City Manager, as Commissioner
of Public Safety, have a Fire Chief and a Police Chief who work under him who
cannot be fired without three votes of this Commission, and that's my motion.
(APPLAUSE)
Mayor Suarez: So moved.
Commissioner Plummer: All right, let me second that for discussion. If what
I understand, and I don't have 26 in front of me, if what I understand you're
saying, Commissioner, is that that would give the Police Chief and the Fire
Chief the same avenue to travel as presently the City Manager has, I'm surely
in favor of that.
Vice Mayor Dawkins: Yes.
Mayor Suarez: Wait, there's a difference.
Commissioner Plummer: What's the difference?
Mayor Suarez: The City Manager, under the Charter, is subject to a procedure
for suspension which is similar to the one he just read. But the standard is
not specified, so it is totally an absolute...
Commissioner Plummer: Malfeasance or misfeasance.
Mayor Suarez: No, no, it is at the will of the Commission.
Mr. Fernandez: No, no, it is totally at the will of the City Commission.
181 May 24, 1990
Mayor Suarez: The Charter - the provision - can I read It, Vice Mayor?
Mr. Odio: You can vote right now and I'm fired.
Mayor Suarez: Section 26.
Commissioner Plummer: Well, OK, but does 112.6" provide for that?
Mayor Suarez: No, Section 26...
Commissioner Plummer: No, neither would they under the old "26."
Vice Mayor Dawkins: The new ordinance could, J.L.
Commissioner Plummer: Huh?
Vice Mayor Dawkins: We could incorporate that in the new ordinance.
Mayor Suarez: Section 26 as it now reads, although our City Attorney tells us
it's not effective because it's been deleted by subsequent ordinance, sets the
criteria as being essentially what we call "for cause." In other words, you
cannot, at the discretion of the Manager, in the case of the Chief and the
Fire Chief and Police Chief, and at the discretion of the Commission, remove
those officers if this kind of a provision goes into effect. The standard
that is specified here reads: "For incompetence, neglect of duty, immorality,
drunkenness, failure to obey orders given by proper authority or for any other
just and reasonable cause. That is the classic definition of "for cause."
It does not give discretion to, if adopted, to the officer charged with that
decision simply to change the official in question. And so it is a radical
departure from what we now can do in the case of the Manager which, I guess,
is by Charter provision. I don't that can be changed by ordinance.
Mr. Odio: The Manager is one, two, three and you're out. You don't have to
have...
Mayor Suarez: No, well, there's a procedure. You get a chance to answer
within 30 days and...
Commissioner Plummer: But how would that...
Vice Mayor Dawkins: And you still have to have three votes to get rid of the
Manager.
Commissioner Plummer: Exactly.
Mayor Suarez: You have to have three votes.
Vice Mayor Dawkins: All right, so it's still the same difference.
Mayor Suarez: So it's your intention - is the intention of the motion that in
addition to setting up a procedure that requires, as you stated, "...if either
of such Chiefs be so suspended, the City Manager shall forthwith certify the
fact, together with the cause of suspension to the Commission and within five
days from the date of receipt of such notice, shall proceed to hear such
charges and render judgment thereon, which judgment small be final." Is your
intention also to have the same standards which means that only for cause
can - as defined in...
Vice Mayor Dawkins: Yes.
Mayor Suarez: OK.
Chief Perry Anderson: Would it be possible to address the Commission before
you go and vote? -a question.
Commissioner Plummer: Sure.
Vice Mayor Dawkins: Call the roll.
Mayor Suarez: I'm getting a call for a vote which is like a motion to close
debate.
182 May 24, 1990
U
E
Mr. Wolfson: 1 didn't understand what you were saying, Mr. Mayor, either..
Vice Mayor Dawkins: You don't have to understand.
Mayor Suarez: It's OK, we don't all understand what we're saying either half
of the time.
Vice Mayor Dawkins: You don't have to understand.
Mayor Suarez: The motion •- and only the Vice Mayor can be absolutely sure,
and maybe we ought to get it into the record. We have to get it into the
record before we proceed to even deliberate on it, let alone vote on it. I
think is to go back to Section 26 wording, by ordinance - can we do that by
ordinance, Mr. City Attorney?
Mr. Fernandez: Yes, you certainly can.
Mayor Suarez: That the Chief, Police Chief and the Fire Chief, would have to
be removed under the wording of section 26, that is to say you have to prove,
I guess, those kinds of things that are stated there, dereliction of duty, in
effect, for cause. And then the Commission has to vote on it. That's what
he's proposing for the Fire Chief and the Police Chief. I just clarified
that, under our present charter, which we cannot change by ordinance, that
does not apply to the Manager. The Manager can be fired, dismissed rather, I
hate that term fired, without cause, as long as we follow the procedure of
giving 30 days notice and a chance for him to...
Commissioner Plummer: That's correct.
Mayor Suarez: ...state a defense or state an argument on his own behalf.
That's the clarification and we do have a motion. We also have a request to
close off debate, but I am sure that it would make enormous sense to hear from
the Chief and, of course, the Commission before we proceed to a vote. So, my
ruling is not to close debate. Yes, Chief..
Chief Anderson: With all due respect to the Mayor, Vice Mayor, and the
Commission and my boss, the Manager. I came here for a three year contract
and we have turned a three year, contract into Section 26. I'm still here for
a three year contract, and I walked in for that and I think that if you want
to encompass the same thing for the Manager who is my boss, and the Fire Chief
who is on the same level as the Police Chief, that is the issue. But to start
looking at Section 26 and throw this off - all of these people have come here
today to indicate that they want this change, now... ...(APPLAUSE)... We all
represent the public. We're all supposed to serve in the public interest. If
we're going to be proper, the issue still remains a three year contract, and
that's it and not a three vote by the Commission. And we're going to ask you,
I'm going to ask you that we do not need to have this go on and on forever.
They have come here - and this is a mixed group of people who are here - these
are the people who you all represent and these people are your constituency.
Please abide by that. What are you risking? What are you risking by giving
me, the Manager and the Fire Chief a three year contract? What are you
risking? This is the public here. I don't understand it myself.. More and
more and more, week after week after week we're coming here and I don't see
any crowd saying that they don't want Anderson to stay here. They want
Anderson to stay here. If you're afraid... ...(APPLAUSE)... I mean, for the
people who find my name distasteful, I mean, Anderson, that's my name.
Anderson is the Police Chief. Anderson is the guy who's asking for the three
year contract. Now, to me, it's beyond me. I can't understand why we're
going to allow this to go another Commission meeting and what are these people
here for? Please do the right thing. Please go on and do the right thing.
And stop playing this game.
(APPLAUSE)
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Yes, Mr. Mayor. I think that there are a number of
things we have to look at here. And one of them, which I have to differ with
the Chief, the reason that these people are here is because they want security
for their Police Chief. They want to make sure that when they wake up
tomorrow that Chief Perry Anderson is still there...
183 May 24, 1990
UNIDENTTFIED SPEAKER: Amen.
(APPLAUSE)
Commissioner De Yurre: And when they wake up the day after tomorrow, he's
still there. When they have to go down to the Police Station, he's there. Is
that what you want or not.?
UNIDENTIFIED SPEAKER: All right! All right!
(APPLAUSE)
Commissioner De YurrP: OK. The way that this has been sidetracked, which
this is the issue, security, the issue is not a contract. The issue is
security to make sure that you are there. Yes. The contract is trying to
secure that security, and that's the way it is. That's the way it is. So, as
long as we can provide that security for Chief Anderson to where when you wake
up tomorrow and the day after, he is still there, then we're doing what needs
to be done.
Chief Anderson: That's not the issue.
Commissioner De Yurre: Because - no, it is the issue. It's been the issue as
far as I'm been concerned all along. I think it's been the issue of this
Commission. Security for the Police Chief. That is the issue. Now, if we're
looking at a situation wherein we, the Commission, have to abide by the will
of the people, and the will of the people is to keep Perry Anderson in his
position as Chief, then there's no way in hell where you're going to find
three votes here to oust him when the will of the people is to keep him there.
And that is called security as far as I can see it.
UNIDENTIFIED SPEAKERS: No, no, no....
Commissioner De Yurre: It is. Hey... it is.
Mayor Suarez: Please.
Commissioner De Yurre: That's the way I see it. And I feel comfortable with
providing that security through the means of this motion as has been presented
here today. That's all I got to say.
Mayor Suarez: Chief, or your counsel, either one, as things now stand, the -
gosh, it's a little confusing - but let's assume our interpretation of the
Charter, you are subject to dismissal and, of course you have security in the
sense of job security, but not at the level of Chief. You would be removed,
if it was not for cause, to the highest civil service job that you ever held.
I don't know what the salary would be in that case. I don't know if anybody
has ever calculated it assuming, of course, you wanted to stay. You come to
us asking for a three-year agreement. Does that three year agreement, does
that security that you seek include a performance evaluation based on specific
criteria? -such as, for example, the Chief of Miami Beach that was just
appointed, his contract includes that... was provided, I believe, by your
counsel or by the City Manager, or are you seeking something beyond that?
Chief Anderson: I think that, the same information that's included in Section
26, we have worked out an agreement that's a very understandable agreement
that Includes, if I should do something wrong, then you should not have any
proLlem firing me. The Manager should not. But yesterday, I was sitting in a
meeting and I may misquote you a little bit, with all due respect, Mr.
Commissioner, Mr. City Attorney, but I understood yesterday that if a sneeze,
if the Manager decided that he wanted to sneeze, and his pen should drift off
the wrong way, I could be fired. Is that true? Did I understand that?
Mr. Fernandez: That is a mischaracterization of what I've said but the
substance of it is that, yes, the Chief of Police serves at the will of the
City Manager.
Chief Anderson: And I can be fired, just like that. If he wakes up with a
bad Cream, anything.
(APPLAUSE)
184 May 24, 1990
E
11
Mayor Suarez: 4?ait.
Chief Anderson: What is it... really, it...
Mayor Suarez: Wait, wait, I'm asking the questions now, Chief..
Chief Anderson: OK, I'm sorry, Mr. Mayor.
Mayor Suarez: If you were offered by the Manager an agreement for a fixed
period of time with a yearly evaluation subject to objective performance
criteria that would enable him to evaluate you as the Chief of Miami Beach is
evaluated, I think the people in the school system also get one year contracts
renewable, subject to an evaluation of their performance, which can be
specified. Your counselor says that's not acceptable to you. Is that
acceptable to you?
Chief Anderson: No, it is not because the only thing that I'm asking is that
a statement, day to day, performance, that's the way I'm judged. Right? -day
to day? If I should do something wrong at any time during the duration of a
contract that you will still have the obligation of saying, bringing me up on
whatever necessary charges, whatever, I'm saying my point is, why are we
putting all these kinks in the armor? Why are we doing this? I mean, you
all, with all due respect...
Mayor Suarez: That's my question.
Chief Anderson: OK, can I answer it?
Mayor Suarez: My question to you is, why do you not want to be subject to...
Chief Anderson: I am every day.
Mayor Suarez: But you want to change that. You're asking for...
Chief Anderson: No, no, I'm... no, what 1 want to change is that if...
Mayor Suarez: ...a three year agreement that takes you out of a performance
evaluation. If you...
Chief Anderson: ...no, what I want to change that if somebody has a bad dream
or a nightmare...
Mayor Suarez: All right.
Chief Anderson: ...that I end up being a part of that bad dream. That's what
I want to change.
Mayor Suarez: All right. Then are you willing to have the agreement be
subject to yearly evaluation and the evaluation based on objective performance
standards? -like most other contracts of that sort? And if not, why not?
Chief, Anderson: What I want is for you, as a Mayor and the Commission, to in
concept, to say one thing and work out the rest some other time. That you're
going to grant me a three year contract. That's all I want. ...(APPLAUSE)...
It's very simple.
Mayor Suarez: All right, thank you. Anything further, Commissioners? Is the
motion still before us? Is the second still seconded, or...
Commissioner Plummer: Yes.
Mayor Suarez: The motion is still before us?
Vice Mayor Dawkins: The motion is before us for the simple reason I said
before, and I'm going to say now, I'm speaking in terms of Mr. Anderson or
nobody. I'm speaking in terms of the Chief of Police position, and I want
that position and the Fire Chief's position protected so that I will not have
to go through this again, and they will know that they are secure in their
position. Now, if. that's Chief Anderson, I have no problem with it. If
that's "Piccolo Pete," I ain't got no problem with it, OK?
Mr. Wolfson: Mr. Mayor, I think I have a solution.
185 May 24, 1990
Vice Mayor Dawkins: He closed discussion.
Mr. Wolfson: I got the answer.
Mayor Suarez: Wait, wait, counselor, the Vice Mayor's speaking.
Vice Mayor Dawkins: You know that's why I.... you know, he's my problem, OK?
Now, job security is what I'm seeking, OK? I agree, we have a Police Chief
who is excellent, OK? I already know that, all right? And I intend to keep
him. But I'm not going to sit up here and have you think that we're going to
get a contract when I know damn well we ain't going to get no contract. OK?
But if we're talking about preserving the individual in the position and
preserving the position, this is the only way we can do it. Now, and this is
saying that as long as the Chief of Police does his job and you who vote for
us tell us he's doing a good job, it will not be another Howard Gary incident.
He will not be fired without a cause and a reason. Now, if nobody - I mean, I
want this passed so that we'll be in position to protect the position.
Mr. Wolfson: Mr. Mayor...
Commissioner Plummer: The second still holds.
Vice Mayor Dawkins: That's right. Call the roll. Call the roll. Call the
roll.
Mr. Wolfson: May I interject one... please.
Mayor Suarez: We have a motion to close off debate by Vice Mayor Dawkins.
Mr. Wolfson: I think I've got...
Mayor Suarez: I don't know what to rule. It seems to me that the logical
thing would be to call the roll at this point. I don't see what is served...
Mr. Wolfson: I know exactly...
Vice Mayor Dawkins: He can speak afterwards.
Mayor Suarez: You can speak to it afterwards. Corrmissioners, any further
discussion from the Commission?
Vice Mayor Dawkins: Call the roll.
Mayor Suarez: If not, please call the roll on that motion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-392
A MOTION OF THE CITY COMMISSION RESCINDING ORDINANCE
NO. 7245; FURTHER DIRECTING THE CITY ATTORNEY TO DRAFT
AN ORDINANCE WHICH WOULD REINSTATE SECTION 26 OF THE
CITY CHARTER IN ORDER TO REINSTITUTE THE DEPARTMENT OF
PUBLIC SAFETY; FURTHER REQUESTING THAT THE CITY OF
MIAMI POLICE DEPARTMENT'S NAME BE CHANGED AND
HEREINAFTER REFERRED TO AS THE CITY OF MIAMI
DEPARTMENT OF PUBLIC SAFETY; DESIGNATING THE CITY
MANAGER AS DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY
AND FURTHER STIPULATING THAT THE POLICE CHIEF AND
CHIEF OF THE FIRE DEPARTMENT, WHO WOULD WORK UNDER
HIM, CANNOT BE FIRED WITHOUT THREE POSITIVE VOTES FROM
THE CITY COMMISSION.
Upon being seconded by Commissioner Plummer, the m(, on was passed and
adopted by the following vote:
166 May 24, 1990
L)
F]
AYES: Commissioner. Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Because it affords as much protection or more than the
Manager to the three combination, I vote yes.
COMMENTS MADE FOLLOWING ROIL CALL:
Mayor Suarez: Counselor?
Mr. Wolfson: Having spent time with you, sir, and having understanding what
you're saying now about evaluations, a solution may very well be the three
year contract that the Chief wants with included in that contract, the removal
clause as is exactly stated in Section 26.
Mayor Suarez: That's removal for cause, not subject to performance
evaluations.
Mr. Wolfson: It's the same. The verbiage, I can...
Mayor Suarez: Quite different.
Mr. Wolfson: Well, see...
Mayor Suarez: Quite different. See, the whole idea of being a discretionary
employee is that there's discretion to whoever appoints you to dismiss you and
then you go to the highest civil service position. Yes, Commissioner Plummer.
Commissioner Plummer: Let me tell you the area of discrepancy that I think
needs clarification and that is, Commissioner Dawkins, I think what needs to
be defined more than what has been said today is the definition of cause. OK?
Now, whether it's malfeasance or misfeasance, if that's the terminology, or
whatever the terminology is, needs to be defined more concise to what is
cause?
Vice Mayor Dawkins: Section 26 spells out...
Commissioner Plummer: Does it spell it out?
Mr. Wolfson: Yes.
Vice Mayor Dawkins: Read off what causes are over there from twenty-six,
Section 26.
Mr. Wolfson: Exactly, word for word. It even got drunkenness and there's...
Mayor Suarez: Counselor, please, on the prior Section 26, Mr. City Attorney.
Mr. Fernandez: Yes, what was the question, I'm sorry?
Commissioner Plummer.: The question is, what is the definition of cause?
Mayor Suarez: What is the definition of reasonable or good cause? -whatever
is stated in there.
Mr. Fernandez: As stated in "26" itself, it would be incompetence, neglect of
duty, immorality, drunkenness, failure to obey order's given by proper
authority or for any other just and reasonable cau!,.
Commissioner Plummer: That's more than you got.
Mayor Suarez: Well, here's an interesting question. It ,.iys, failure to obey
orders given by proper authority. That would be...
187 May 24, 1990
11
Commissioner Plummer: The only one.
Mr. Fernandez: City Manager only.
Mayor Suarez: That would be by the Manager.
Mr. Fernandez: Correct.
Commissioner Plummer: Who is his boss.
Mr. Fernandez: Its amount to insubordination.
Commissioner Plummer: With or without a contract, that's his boss.
Mayor Suarez: That's interesting.
Chief Anderson: I'm right back to square one.
Mr. Wolfson: The performance issue is exactly... he's back to square one, the
Chief says.
Mayor Suarez: OK.
Mr. Wolfson: The performance issue is exactly what he wants to avoid where
people who are not satisfied with him as a person - not with his performance
but because they don't like Anderson - start 90 days ahead of time to mount a
campaign against him and start the slurs that he takes drugs, that he's a
bigot, he's this, that he's that and the letters start flying. And that's not
fair to the man.
Mayor Suarez: OK, counselor, we can't control that. All right, we've closed
off debate. Last statement, Chief.
Chief Anderson: I feel somewhat like Pagliacchi here. We're back, right, to
the same point of where we were before.
Mayor Suarez: Please, please.
Commissioner Plummer: No, no, no, Chief, I don't agree with that. We're not
back to where we were before. Before, you had no procedure for a hearing.
You had no procedure that spelled out what cause. Where you were before, as
it was said, for the whim, could be replaced, OK? Today, this has passed,
that is different. You now have a procedure. It is now with what is spelled
out in the procedure as to what is cause, that you have in your favor today
that the one single individual cannot say, hey, Perry, good bye. It will now
take three members of this Commission to agree or disagree, so we're not where
we were yesterday. I think you're a lot more ahead of the game than you were
yesterday. You might not agree that you're as far ahead as you would like to
be, but you surely have more protection today than you had before.
Chief Anderson: Well, put that in a three year contract that...
...(APPLAUSE)... ...basically says the same thing. I'm saying...
Commissioner Plummer: Perry, you have it for longer than a three year
contract as long as three members of this Commission act as we did today.
That will be the ordinance of which you will operate, future Police Chiefs
will operate, and understand that, that is the law and the direction of the
game. So that will be in effect until some three members of this Commission
want to change it. So it could be three years or 30 years.
Chief Anderson: I know, Commissioner, with all due respect. Section 26
applied to Harms, it applied to Garmire, it applied to Breslow, it applied to
all of the people who are no longer here. And they, I think, five within six
years...
Commissioner Plummer: 7245 removed 26, right.?
Chief Anderson: ...they are no longer here.
Commissioner Plummer: Perry...
188 May 24, 1990
C.
Chief Anderson: You all are grappling with something that can easily be taken
care of and keep going on over and over and lasting and lasting and lasting.
And it should not last.
Commissioner Plummer: 7245 was by Bob High.
Chief Anderson: Really, this should not be the way that it is now.
Commissioner Plummer: 1964, 26 years ago.
Chief Anderson: This should not. Really. What is the point of this? I'm
trying to understand it. You're going to leave these people here, and they're
going to leave here confused once more, go back out into the community when
some responsibility should be taken and go on and get this particular issue
over with. If you want to put that Section 26, Mr. Mayor, what you've said
about an appraisal or whatever, an evaluation. But we're talking about a
three year contract and after the three year contract, if I decide to stay,
Section 26 can apply. That's all we're saying, so can we make a responsible
motion, so that we can go back to work and get all of this over with, please.
I'm asking you all, let's do this and get it over with? OK?
(APPLAUSE)
Mayor Suarez: Anything further from the Commission or the City Manager?
Commissioner Plummer: Just for the record, I think it needs to be stated that
7245 removed Article 26 from the Charter back in September 30, 1964. Twenty-
six was not there for the protection of Harms or Breslow or any of the others.
Mr. Wolfson: I was there. Do you remember that show on television, "You Were
There?" I was there, OK?
Commissioner Plummer: In '64?
Mr. Wolfson.: No, not in 164, I was there for Breslow and I was there for
Dixon.
Commissioner Plummer: Well, I was there in 164 because, let me tell you what
the situation was. There was an ongoing fight between the Police Chief and
the Mayor. The Mayor tried to get rid of him and guess who lost? The Mayor.
Mr. Wolfson: Right. However, the only way you can change this Charter is
with a vote. It's got to go to the public and you need to make a charter.
amendment. You cannot change it the way it allegedly was attempted to have
been changed. Therefore, Section 26 always existed. It never went to the
voters. I did possibly go to the voters maybe about ten years ago. They
didn't understand it and they turned it down. Therefore, "26" did exist when
Harass got fired in the middle of the night. It existed when Breslow was
forced out of office. Now you're saying, it's back in? It was voted, it's
back in? -which theoretically makes him Chief until the cause is shown.
Commissioner Plummer: That's exactly correct.
Mr. Wolfson: But he wants a three year contract. Can I ask, please, for a
motion by somebody on this Commission - please, to say that... if you wanted
to use Section 26 in your vernacular, please say that Section 26 shall last at
least for three years for this man. Promise him that for the next three
years, he will be your Chief.
Commissioner Plummer: That doesn't promise him.
(APPLAUSE)
Mr. Wolfson: In writing. And please sign the document that we agonized over,
that we fought over and that is in writing, and all of a sudden, everybody
backs down and they're changing their mind. Please tell him to sign iti
(APPLAUSE)
Mayor Suarez: All right, debate is closed on the issue.
189 May 24, 1990
Vice Mayor Dawkins: Hey wait a minute, repeat that. Hold it, hold it, hold
it.
Mr. Wolfson: Pleasel
Mayor Suarez: Please. Vice Mayor Dawkins.
Vice Mayor Dawkins: Counsel, counsel, say what you said again.
Mr. Wolfson: Please.
Vice Mayor Dawkins: No, no, no. The whole statement. The whole statement
about everybody promise you something and back down. Say that.
Mr. Wolfson: I had an agreement.
Vice Mayor Dawkins: With whom? Not all of us, as you said.
Mr. Wolfson: No, sir.
Vice Mayor Dawkins: All right, then that's all I need. Thank you.
Mr. Wolfson: I had a working rough draft that everybody has. The press has
it.
Vice Mayor Dawkins: But nobody up here passed on it.
Mr. Wolfson: Correct.
Vice Mayor Dawkins: All right. Thank you.
Chief Anderson: Well, Mr. Commissioner, would you pass on it, please? Would
you please pass on it.? Please. Let's get this over with.
(APPLAUSE)
Mayor Suarez: OK, please.
Chief Anderson: I don't want to fight with you. I mean, please, let's go.
Mayor Suarez: All right, please.
from the Manager?
Chief Anderson: Go for it.
Anything further from the Commission or
Mayor Suarez: All right, thank you for all the statements and all of the
discussion. We're going to go on to the next item, whichever it may be on the
agenda. We're on personal appearances. Thank you, Chief. Please; please.
Item 33, if the people are here. Is anyone here on 33?
Mr. David Ray: Yes, sir.
Mayor Suarez: All right.
Mr. Ray: I'm David Ray, I'm the secretary of Florida Marine Events who owns
the Boat Show in the Grove. I'm just here to answer questions and comment or
answer any comments you have.
Commissioner Plummer: What are the special fees that you're requesting?
Mr. Ray: The special fees are for the ramp, for the - let's see, the special
fees are for the Dinner Key boat launching ramp. We have used those in past
years. This is done by resolution. We're hoping to get a long term
agreement.
Mayor Suarez: Wait a minute. OR. we need quiet in the chambers, please!
Anyone who is not staying for the next items, please clear the chambers,
particularly those that are standing up, otherwise you're welcome to sit down
and watch the rest of the proceedings. We've got a planning and zoning agenda
with a bunch of items, in addition to the personal appearances. Please.
Ms. Lucille Broom: Mayor Suarez, I want to say something, please, sir.
190 May 24, 1990
Mayor. Suarez: Ma'am. Anyone... Mr. Manager, would you have someone from the
staff explain to the lady on the mike what has transpired tip to now and make
sure that she understands. And anyone else who needs to understand. But
please do it outside so we can proceed with the agenda.
Ms. Broom: Why are you pushing us around?
Mayor Suarez: Ma'am, ma'am, you're out of order.
Ms. Broom: Why are we being pushed and shoved around?
Mayor Suarez: Please, please, ma'am. All right, go ahead and make a
statement, ma'am. Give us your name. I'm sorry, sir, we're going to go back
to your...
Ms. Broom: My name is Lucille Broom, 1051 N.W. 43rd Street. My son was
officer Nathaniel Broom. My son gave up his life for the rights of his
community. We are still looking for those rights. Why should Chief Anderson
be denied what he's asking for? -that he would be assured of his job. Why
shouldn't he get his three years? Why shouldn't he, please, sir? Thank you.
Mayor Suarez: Thank you. If we were to take anybody out of order, certainly
it was proper that we would take your statement.
Dr. Ferguson: Mr. Mayor, could we get an answer, please?
Mayor Suarez: I think we've discussed it enough, Dr. Ferguson, and this item
is concluded. We're happy to have your statement into the record, Mrs. Broom.
----------------- -----------------------------------------------------------
46. GRANT REQUEST FROM SHOW MANAGEMENT - ESTABLISH SPECIAL FEES, CHARGES AND
CONDITIONS CONCERNING THE COCONUT GROVE BOAT SHOW.
------------------------------------------------------------------------------
Mayor Suarez: All right, next item. Once again, 33, please.
Commissioner Plummer: Mr. Mayor, we have in front of us that what is being
proposed on item 33.
Mayor Suarez: Please, I need quiet in the chambers! All right.
Commissioner Plummer: Mr. Mayor, we have before us that provision of the
special fees that are proffered for this item. They come to a total of
$15,000 for a five-day run. I think it is fair to the City and I so move.
Mayor Suarez: So moved.
Commissioner Alonso; Second.
Mayor Suarez: Seconded by Commissioner Alonso. Any discussion of item 33?
If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-393
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF THE D1144ER KEY BOAT RAMP
LAUNCHING AREA IN CONNECTION WITH iiE MIAMI BOAT SHOW
IN THE GROVE TO BE PRESENTIi) BY FI IDA MARINE EVENTS,
INC., WITH YACHTING PROMOTIONS, I!. , MAY 29, 1990 -
JUNE 4, 1990 AT SAID FACILITY AND THE COCONUT GROVE
EXHIBITION CENTER; AUTHORIZING 'IHE ISSUANCE AND/OR
EXECUTION OF THE NECESSARY DOC'UMENTS, I14 A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID SPONSOR.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
191 May 24, 1990
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner. J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
140TE FOR THE RECORD: At this point, agenda item 34
was deferred to the next City Commission Meeting.
47. DISCUSSION CONCERNING PROPOSED RESOLUTION OF DIFFERENCES BETWEEN
EXISTING SOCCER PROGRAM IN LITTLE HAITI AND ALLEGED MANAGEMENT
INTERFERENCE BY THE POLICE DEPARTMENT.
-------------------------------------------------------------------------------
Mayor Suarez: Item 35. Is Coach Baptiste here? The media please... you have
to do interviews outside. All interviews outside. All right, sir, you can
make all the statements you want, but outside, not in these chambers. We've
had the hearing already. All right, sir, proceed Coach.
Mr. Baptiste: Mr. Mayor, Commission, my name is Ernest Jean Baptiste, I'm an
ex -soccer coach at Miami -Dade, the New World Center. And I appear here today
about soccer program. We want a proposal for little Haiti after school
program, then I've been approved by the Law Enforcement Trust Fund.
Mayor Suarez: Is this a Law Enforcement Trust Fund item, lieutenant?
Lt. Joseph Longueira: Yes, sir, this is the item we talked about where we're
in the middle of doing the background on the counselor we're hiring and we're
waiting for that to be completed.
Mayor Suarez: Is it recommended?
Lt. Longueira: I don't know what he's asking for. We're already doing the
soccer league in the trust fund that you previously funded. We had a
discussion about that earlier.
Vice Mayor Dawkins: Where are you doing it?
Lt. Longueira: Commissioner, we're in the middle of doing the background on
Pierre LeBrun, who is the candidate that we would like to hire as the
counselor coordinator.
Vice Mayor Dawkins: Where are you going to locate the program and on what
field?
Lt. Longueira: Commissioner, I believe that we're going to... I'm not running
the program, but once we get Mr. LeBrun, we're going to look for City parks
and schools to operate the program in; one of them being Morningside and other
programs in that area.
Vice Mayor Dawkins: That's all. I need; Joe.
Lt. Longueira: Yes, sir.
Vice Mayor Dawkins: That's all.
Mayor Suarez: What do you want to do with the item? Go ahead and Finish your
presentation.
142 May 24, 1990
Mr. Baptist-: Yes, I had a few meetings with official about that program,
that program for newspaper was supposed to be for Little
Haiti kids and I, as a spots and news of Haitian community on TV and the
radio. And I've been... we have a lot of kids been calling us, and parents
concerned about where are the program. And then here we have a lot of kids
and we still don't have no where, you know, nothing to equipment for them,
nothing to work with them.
Lt. Longueira: Mayor, we have funding in the program for shoes, for shirts,
for soccer balls. That's all in the program and that will be done as soon as
we hire Mr. LeBrun and he administers the program, we'll be purchasing some of
that equipment.
Mayor Suarez: OK, will his group be participating?
Lt. Longueira: Yes, sir, I told them once we get. Mr. LeBrun on, we would get
them together, you know, and we would be willing to make this a joint effort
with their association.
Mayor Suarez: Who's Mr. LeBrun or LeBrun, that seems to hold the magic wand
here that his hiring is what keeps everything from happening? Pierre LeBrun?
He's not...
Mr. Baptiste: Completely out of that thing, we don't know exactly what's
going on and I've been asking officer to, you know, to send us what is a]I
about because we still there with the kids and I heard about LeBrun and we
don't know nothing about it and we want a league there.
Mayor Suarez: Have you taken input from the community and the people
interested as to who you should hire for this, lieutenant?
Lt. Longueira: Mr. Mayor, last time I met with Mr. Baptiste a little while
ago, we showed him the qualifications of Mr. LeBrun and him and another man
that I don't believe is with him tonight, both stated that they could not
object to Mr. LeBrun. He was highly qualified for the job. They had no
problem with this man, OK?
Mr. Baptiste: But the thing is, you know, we are everyone doing soccer in
Little Haiti, Here I am with all those guys behind me and we are everyone who
have the pressure on. Since, first of all, I'm on '.TV, I don't see that soccer
kids, you know. You know, every weekend, on _ on Channel 10 Haitian
on talk television, I'm on the radio and so far, just from you, we heard that,
you know, things are going on, we have nothing and we are for kids. We have
hundreds of kids, you know, wanted to play and have nothing....
Mayor Suarez: OK, we need quiet in the chambers! I don't understand what's
separating us here. Can you tell us? -if anything?
Lt. Longueira: No, probably speed is the separation.
Mayor Suarez: All right, well, and also, consult them as to the actual
individual hired. I mean, if they're the participants, the promoters, the
people who are most active in it, they should have a lot to say as to who is
hired to run the program.
Lt. Longueira: Yes, Mr. Mayor...
Mayor Suarez: All right.
Lt. Longueira: We're trying to work under very - a little bit of different of
opinion on how the program should be run, OK. And that's where the matter may
go back to. He wanted us to pay for coaches initially. It's our position we
don't pay for coaches. We'llpay for umpires and the counselor. Mr. Baptiste
runs a sports store that sells soccer equipment. We will buy the soccer
equipment under City procurement procedures, OK. If they can't live with
that, that may be the crux of the matter. OK?
Mr. Baptiste: No, what I was trying to say...
Lt. Longueira: We're going to proceed with this as soon as Mr. LeBrun is
hired.
193 May 24, 1990
Mr. Joel Board. Yes, my name is Joel Board. I'm a member of the Haitian -
the Little Haiti soccer league. What I'm asking now is why is now the police
won't doing the soccer for us since we've been running it since 1972 without
money. Why now, because the City have a little money involved and the Police
Department want to run the soccer league for us?
Commissioner Plummer: Simply sir, because the money is coming from them.
Mr. Board: No, I'm not finished yet, sir.
Commissioner Plummer: The money is coming from them.
Mr. Board: Yes, what...
Commissioner Plummer: That's why they wanted involvement.
Mr. Baptiste: Excuse me, I have a motion for you. You mentioned that I'm
running the soccer store that, you know, you're supposed to buy equipment from
me. You know, I'm not. I'm just working there and also I've been invoived in
soccer as a professional soccer player in Miami. I've been coaching Miami -
Dade and play for Miami -Dade South and everything. I've been giving my
services within the youth in the community and then it's not my concern about
buying socks or anything in my store. It's just a concern of the kids we have
on hands everyday, every afternoon. If you may go to Park or to
Miami -Dade, we have hundreds of kids, we walk, you know, and we do ask nobody
to help us on anything. That's the main reason. It's not like you buying
socks or buying anything from me is nothing. We need things to work with the
kids. We are financed, we have hundred - I can give you names, parents, and
everything.
Mayor Suarez: OK. Yes, let's see if we can work it together as soon as the
items are on the way and speed it up, work with the group. If you still have
any complaints, if they're still not responding to you and involving you in
the process, you're welcome to come back to the Commission and be heard again.
Sir, last statement.
Mr. Joseph Rampel: Mr. Mayor, my name is Joseph Rampel. I am a soccer
referee since 1975 and what we do not understand is how come we do have the
little boys and right now we also have some girls playing soccer, and then
suddenly that we have people who have to run the program for us. We know the
community, we know effectively what happening in this community. We have been
taking all the risks and We have been sharing all the
program with all the kids since 1972 and right now, what we do need, we need
somebody to help us out with the kids. So, we don't want that our kids going
outside for drugs, going outside for other things. That's why we run soccer.
We want that environment to be a good environment for them. This is why we
have U the league in here, Little Haiti soccer league. This thing is
incorporated and then run by people who know soccer, who know soccer for a
long time.
Lt. Longueira: Mr. Mayor, I concur with them and, believe me, we're going to
bridge this gap very quickly. I'll meet with them next week and no problem.
Mayor Suarez: Yes, let's no displace them in the effort to institutionalize
something. Displaced people have been doing it for, God knows, how many
years. And, if you have any problems, don't hesitate to call us and to have
the item be put on the agenda again. Thank you.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: Keep the program going, it's an excellent program, it's been
working without City funds and now we're going to try to pump some City monies
into it. Yes, Commissioner.
Commissioner Plumrr)er: I'd like to ask the Manager. Mr. Manager, hello? I am
about to walk out the door. Is there any item that you need me !sere for of
importance that we could possibly take out of order...
Mayor Suarez: Commissioner Alonso, I think, had one.
Commissioner Alonso: Yes, I'd like to bring back PZ-17-B.
194 May 24, 1990
4111, Ar'
Mayor Suarez: And then, Mr. Manager, after that.
Commissioner Plummer: PZ-17?
Commissioner Alonso: "B," yes.
Commissioner Plummer: Well, you're just bringing it back on the agenda?
Mr. Guillermo Olmedillo: There are two PZ-17s and you have withdrawn the
item, I mean, continued the item...
Commissioner Alonso: We did both but can we bring back "B"?
Mayor Suarez: PZ-17-B. Now, we deferred that or continued that at the
request of whom?
Commissioner Plummer: You got a problem there.
Mr. Olmedillo: Vice Mayor... the Vice Mayor.
Commissioner Plummer: You've got a problem because you've announced it and
there's people left because of it.
Mayor Suarez: OK, can we be absolutely sure that we don't have anybody that
wanted to be heard on PZ-17-B that has left the chambers and would
otherwise...
Commissioner Alonso: The problem, no one was here at that time. We asked it,
remember?
Mayor Suarez: OK.
Mr. Olmedillo: Apparently, the people interested in it have left the chambers
when...
Commissioner Alonso: But the problem is, we did ask, at that time, and there
were people on "A," but in "B," they were not here.
Mr. Olmedillo: Nobody said anything and the item...
UNIDENTIFIED SPEAKER: I've been in and out.
Mr. Olmedillo: The entire item was continued.
Commissioner Alonso: They were not here at that particular time. And they
came back and they wanted it to be discussed. Can we do it?
UNIDENTIFIED SPEAKER: When was it continued for?
Commissioner Plummer: I would suggest we put it over to June the 7th.
UNIDENTIFIED SPEAKER: June the 7th, along with "A"?
Commissioner Alonso: Yes.
Mayor Suarez: Are they related? -"A" and "B"?
Commissioner Plummer: Even if we put it back on the agenda, we'll never get
to it by 9:00 o'clock.
Mr. Olmedillo: Somewhat, because they deal with liquor licenses.
Mayor Suarez: It's a what? -I'm sorry?
Mr. Olmedillo: They deal with liquor licenses, both of them.
Mayor Suarez: They're both...
Mr. Olmedillo: One is Sunday sales.
Mayor Suarez: But, the sane property owner?
195 May 24, 1990
n]
Mr. Olmedillo: No, sir.
Commissioner Plummer: No, it's...
Commissioner Alonso: No, no, no, i.t's...
Commissioner Plummer: It's a City application.
Commissioner Alonso: Yes.
Mr. Olmedillo: And the other one is to reduce the distance between package
and...
Mayor Suarez: I wonder if we would be involved in any procedural unfairness
if we took up PZ-17-B? If you want to stick around, we might get to the item.
I'm not sure that we can handle it tonight, if you want to wait. J don't
think you need Commissioner Plummer to be here, so you might want to hang
around. All right?
UNIDENTIFIED SPEAKER: Mr. Mayor, I'm interested only in 17-B.
Mayor Suarez: OK, well hang just in case, please, so we don't have a problem
then if you're not here.
UNIDENTIFIED SPEAKER: Hang around to... Thank you.
Vice Mayor Dawkins: You all aren't going to get to 17-B, Mr. Mayor.
Mayor Suarez: I don't think we will either, but just in case, if you want.
UNIDENTIFIED SPEAKER: OK.
Mayor Suarez: At least we'll...
Commissioner Plummer: I'm sorry, but I've got to leave.
NOTE FOR THE RECORD: Commissioner Plummer left the
meeting at 7:32 p.m.
48. DISCUSSION CONCERNING REQUEST FROM GERMAN - AMERICAN CULTURAL SOCIETY
FOR IN -KIND SERVICES IN CONNECTION WITH OKTOBERFEST AND FALL OF THE
BERLIN WALL EVENT CELEBRATION.
Mayor Suarez: All right, item 37 is the one I just called. OK, if you want
to, there's also a hand held mike that you can pull with you.
Mr. Creech: My name is Manfred Creech. I'm president of the German American
Cultural Society and we've been holding annual Oktoberfests in Homestead since
1984. Now, we have moved to Miami, to Bayfront Park, and we'll continue the
event here because we've outgrown Homestead. We also will celebra1, this year
the fall of the Berlin. Wall which we will exhibit the Berlin Wall, the only
section in the eastern United States available. Naturally, this particular
event to celebrate the fall of the Berlin Wall is an emotional subject with
the German people. As you might understand, it brings the nat n together
again and families and loved ones, so it's an important event for us and we
would like to have your support. What we're asking the Commission to do for
us is to waive the fees for the Fire Department, the Police, and Solid Waste
which are City services.
Mayor Suarez: Is this recommended by the festival policy process? Are we
reconunending anything whatsoever, Frank-,
Mr. Frank Cast.aneda: No, we're recommending nothing.
196 May 24, 1990
Mayor Suarez: Waiver of any fees for use of any City facility that wouldn't
otherwise be used and presents no cost to tis?
Mr. Castaneda: All that they are asking for hard cash. They're asking $6,000
for police, $1,800 for fire rescue, and $170 from Solid Waste.
Mayor Suarez: We've never had a festival like this?
Mr. Castaneda: They've all been in Homestead.
Mr. Creech: We always held the Oktoberfest in Homestead except in 1988, we
had a small one in Bayfront Park. But the celebration of the Berlin Wall, we
naturally haven't had that yet. So, but we combine it with the Oktoberfest so
it will be more successful and not so politicized.
Mayor Suarez: I thought the general theme of the Oktoberfest was Bavarian or
Germanic or whatever customs and foods and everything else.
Mr. Creech: Yes, well... yes.
Mayor Suarez: Are we still having the Oktoberfest? And this is not at the
same time, doesn't it merge into it?
Mr. Creech: This is the only Oktoberfest we have in Miami.
Mr. Castaneda: I believe that the other Oktoberfest that you're thinking of
is the week before yours.
Mayor Suarez: Is it held in October? -this one?
Mr. Creech: Oktoberfest. The only other Oktoberfest, ours,
was in Homestead and then there's naturally one in Ft. Lauderdale and Palm
Beach. And Ft. Lauderdale we started that, actually, in 1984 and the City is
running it now. And it's been very successful. I did not know she attended
that particular event.
Mayor Suarez: OK, Commissioners... do you have a German accent?
Mr. Creech: Of course.
Mayor Suarez: I've got to practice on my German accent. I have a hard time
understanding what you're saying.
Lt. Joseph Longueira: We do have that Oktoberfest just north of the Omni
every year.
Mayor Suarez: We got every other kind of accent here. I'm sorry?
Lt. Longueira: Just north of the Omni they have that Oktoberfest festival
every year.
Mayor Suarez: Right, right. So we do have still the Oktoberfest.
Mr. Creech: Oh, that is run by a private establishment, Wesselong, yes...
well, I mean, these type of everts are all over. Even Publix has Oktoberfest
sales and so - but no Oktoberfest the scope that we put on.
Mayor Suarez: You know, we lead the world in festivals. Ethnic festivals,
running festivals, food festivals, sports festivals. We just cannot afford to
subsidize any more. We will give you a City park by waiving the rent for the
use of a City park in the appropriate situation. But you have to pay for all
attendant services and that's the best we can do. And you're not even asking
for that, so there's nothing we can do at this point unless any Commissioner
wants to make a motion. But you're welcome to use our respective offices to
try to get support from the private sector for it, including anyone that has a
particular interest in this festival.
Mr. Creech: And there's not even any token?
Mayor Suarez: We have no funding, we have no money. Our festival policy is
$200,000 a year and it's been allocated. OK?
197 May 24, 1990
11
11
Mr. Creech: OK.
Mayor Suarez: Thank you, sir.
49. (A) GRANT REQUEST BY OLD SAN JUAN FESTIVAL CORPORATION FOR CLOSURE
OF DESIGNATED STREETS CONCERNING THE OLD SAN JUAN / WYNWOOD
FESTIVAL '90.
(B) RESTRICT PEDDLERS AND PERMIT SALE OF BEER AND WINE DURING THE
OLD SAN JUAN/WYNWOOD FESTIVAL '90.
(C) GRANT FEE WAIVER FOR USE OF PARK AND EQUIPMENT.
Mayor Suarez: Item 38, San Juan Festival Corporation. Talking about
festivals.
Commissioner Alonso: Uh huh. Are they requesting street closures and fee
waivers?
Ms. Nilsa Velazques: Yes. My name is Niisa Velazques, 9900 S.W. 127th
Avenue. And I'm representing the Old San Juan Festival Corporation at this
time.
Mayor Suarez: OK, as to the street closures, I'll entertain a motion. Get
that out of the way.
Vice Mayor Dawkins: Move_
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Any discussion on the street closures? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-394
A RESOLUTION CONCERNING THE OLD SAN JUAN/WYNWOOD
FESTIVAL TO BE CONDUCTED BY THE OLD SAN JUAN FESTIVAL
CORPORATION ON JULY 29, 1990, PROVIDING FOR THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC, ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A
ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION
WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS
REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE
EVENT; FURTHER AUTHORIZING THE WAIVER OF THOSE FEES
WHICH ARE SUBJECT TO WAIVER BY CITY CODE PROVISIONS IN
SUPPORT OF SAID EVENT; CONDITIONED UPON THE
REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY
POTENTIAL LIABILITY AND ORGANIZERS PAYING FOR THE
NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID
EVENT, WITH THE EXCEPTION OF FIRE DYiARTMENT
ADMINISTRATIVE COSTS OF $90.00
(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:
198 May 24, 1990
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Ms. Velazques: Restriction of retail peddlers, we would like restriction of
retail peddlers also.
Mayor Suarez: Yes. I'll entertain a motion on that. All of the items that
don't cost money, can. we take them altogether, Frank?
Ms. Velazques: OK.
Mayor Suarez: State them so that we can make it into a motion?
Mr. Frank Caztaneda: Right, the two items that are missing are restriction of
retail peddlers and one day permit to sell beer and wine.
Mayor Suarez: All right, as to both of those, I'll entertain a motion.
Commissioner Alonso: Yes, I so move.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Commissioner De Yurre seconds. Cali the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-394.1
THE PARAMETERS OF THE HEREINABOVE MOTION ARE
FORMALIZED AND CONTAINED IN R 90-394 ABOVE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Suarez: OK.
Ms. Velazques: I understand that you're very short on your budget.
Commissioner Alonso: To say the least.
Ms. Velazques: But, we talked about this. They tried to get some state
money. The only thing we have gotten is some monies from the Tourist Council
and we're...
Mayor Suarez: How much did the Greater Miami Convention and Visitors Bureau
give you?
Ms. Velazques: Who?
Mayor Suarez: You said the Tourist Council?
Ms. Velazques: Yes. They gave us...
Mayor Suarez: How much did they give you?
199 May 24, 1990
Ms. Velazques: They gave us $4,000, which hardly covers the insurance and...
Mayor Suarez: Oh, they were generous on that.
Ms. Velazques: Yes. And we were hope to ask for monies to cover some of the
departments this day. No monies. What about waivers?
Mayor Suarez: We're having to hold off the layoff of I don't know how many
employees that were supposed to be laid off between now and the next
Commission meeting.
Ms. Velazques: Yes. OK, well, I would like to request waivers then on the
fees for the parks and equipment and permits.
Mayor Suarez: What is the equipment that is needed?
Ms. Velazques: Their...
Mayor Suarez: The stage?
Ms. Velazques: Stages. We also need generators and speakers, these type of
things.
Mayor Suarez: As to whatever equipment they need that isn't otherwise being
used that day and I would have no problem moving to waive it.
Commissioner Alonso: Yes. I move that.
Mayor Suarez: So moved.
Commissioner Alonso: We approved those.
Ms. Velazques: I have another - other waivers. The occupational license
fees. It's $50 each booth, we would like to be waived. That's money...
Mayor Suarez: Can we recoup that by charging the people who set up the _—
booths? Don't they make some money? Don't they sell things?
Ms. Velazques: Yes. But you're not giving us any money.
Mayor Suarez: Can we recoup that by having them take...
Ms. Velazques: We have to generate monies...
Commissioner Alonso: How much will it be approximately? What are we talking
about?
Mr. Castaneda: Twenty-five hundred dollars.
Ms. Velazques: Twenty-five hundred dollars.
Mayor Suarez: See, if not, then how are you going to decide who is going to
get the booth? I mean, you know...
Ms. Velazques: What do you mean?
Mayor Suarez: They don't have to pay anything up...
Mr. Castaneda: They want to keep the money.
Mayor Suarez: They want to keep their money.
Ms. Valazques: Of course. Since you're not giving us money, we have to
generate the money somehow to pay for other things.
Mayor Suarez: That's kind of a waiver. I guess that still comes under my at least my policy of allowing waivers, but not outright cash grants.
Ms. Valazques: Yes, of course.
Commissioner Alonso: Yes.
200 May 24, I99O
Mayor Suarez: Is that legal.?
Mr. Castaneda: The $50 by booth, you cannot waive.
Mayor Suarez: Cannot be waived, by ordinance, yes. I think you...
Ms. Valazques: I thought that was in...
Commissioner Alonso: So, up to that point, you were doing fine.
Ms. Valazques: But, I thought that was inside the park, not in the streets.
Mr. Albert Ruder: There's an existing ordinance that that cannot be waived,
the $50.
Mayor Suarez: And, you know, in addition to that, you've got merchants that
are out there who are paying all kinds of fees. They're going to be
restricted on this particular day and if the City doesn't at least charge the
$50 per booth, it kind of puts them at a competitive disadvantage.
Ms. Valazques: We would have to add the $50 to the charges, then. The Public
Works, they are charging us for the lineal footage of the streets, the Public
Works. That's how much?
Commissioner Alonso: What is that?
Ms. Valazques: $588.
Commissioner Alonso: You mean like Calle Ocho and things like that, like we
do?
Mr. Castaneda: Right, right. The Commission passed an ordinance charging a
fee per linear feet of street used in the festival and you have the authority
to waive that.
Mayor Suarez: I'll entertain a motion on that.
Commissioner Alonso: Yes, we can waive that too.
Mayor Suarez: Ai.l right, build that into the motion too. Anything else left?
Commissioner Alonso: Is that it?
Ms. Valazques: Yes, there was one more thing. The fire administrative cost,
the administrative fees, that's $90.00.
Commissioner Alonso: How much?
Ms. Valazques: Ninety dollars. That's very little.
Commissioner Alonso:. Ninety dollars...
Mayor Suarez: So we don't violate the policy, we'll come up with the $90 from
other source. Anything else?
Commissioner Alonso: That's it?
Ms. Valazques: Well, if you cannot give you anything - give us anything else,
we will take that.
Commissioner Alonso: You did fine, I tell you.
Mayor Suarez: On the waivers, you have a motion. Any second on the waivers?
Conunissioner De Yurre: Second.
Mayor Suarez: Call the roll.
I
201
May 24, 1990
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION N0, 90-394.2
THE PARAMETERS OF THE HEREINABOVE MOTION ARE
FORMALIZED AND CONTAINED IN R 90-394 ABOVE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Ms. Valazques: Thank you and you're invited to attend.
Mayor Suarez: Go sin no more and we shall try to be there.
-------------------------------------------------------------------------------
50. GRANT WAIVER OF RENTAL AND REHEARSAI. FEES AT MANUEL ARTIME PERFORMING
ARTS CENTER IN CONNECTION WITH CUBAN AMERICAN BEAUTY PAGEANT, WITH
PROVISOS.
-------------------------------------------------------------------------------
Mayor Suarez: We did 40, thirty-nine is still pending?
Mr. Bob Navarro: Yes, present.
Commissioner Alonso: Thirty-nine?
Mayor Suarez: Yes, sir.
Mr. Navarro: Good evening, Mayor, Vice Mayor, City Commissioners, my name is
Bob Navarro. I'm the director of special events for the Miss Cuban American
Beauty Pageant. We're located at 300 N.W. LeJeune Road. Our organization was
founded in 1985 by our executive director, Mario Pinzagali. Our long term
goal. is making the pageant one of the most important symbols of our community.
Also, be able to maintain our culture as well as our heritage beyond the new
born Miss Cuban American USA. Our organization is also providing educational
drug free seminars to private schools, churches, and youth groups with the
intent...
Mayor Suarez: Let me as a question..
Mr. Navarro: Yes.
Mayor Suarez: Because most of the charitable everts that take place give the
money, if they make money, to a worthy cause. And our concern is always,
we're going to do that, if we're going to waive fees, why don't we just go
ahead and give our money to a worthy cause and don't have to go through you.
So let me ask, at the Manuel Artime Center, what is our policy, Frank? -have
we gotten to the point on the Artime Center that we have promoted enough that
all kinds of people are requesting to use it and are willing to pay all kinds
of money or is this kind of the incipient or embryonic stage where we should
allow some things to happen there? Try to promote the facility?
Mr. Castaneda: It is still in the embryonic stage, but it is growing rapidly
and so forth. If the Commission want., they can waive the fees...
Mayor Suarez: Do we have a certain number of community programs a year that
we try to give for free or'...
Mr. Castaneda: The Commission can waive the fees for the Manuel Artime. T}-,e
insurance is an actual, you know, out cash, that co:_, money, but you can
waive fees if you want to.
202 May 24, 1990
Mayor Suarez: Oh, absolutely, any...
Commissioner Alonso: Fee waiver, yes.
Mr. Navarro: I would appreciate it, yes. At this time I would like to
request for that night of September 29th.
Mayor Suarez: All right, I13.1 entertain a motion on the fee waiver. Wait,
sir, please, please, please...
Commissioner Alonso: Yes, I move..
Mayor Suarez: So moved.
Commissioner De Yurre: Well, what about the girls?
Commissioner Alonso: What do you mean?
Commissioner De Yurre: Aren't they going to be coming by here?
Mayor Suarez: 'I'll entertain a second on the motion.
Commissioner De Yurre: Second.
Mayor Suarez: Thank you.
Mr. Navarro: Thank you very much.
Commissioner De Yurre: Well, not yet.
Mayor Suarez: Don't thank us yet, we haven't even voted yet.
Mr. Navarro: OK.
Mayor Suarez: Frank, would you bring back to this Commission an ordinance or
scheme for determining how many days a year we're going to make available for
these kinds of programs? Or at least at the appropriate time, tell us that we
really should begin to charge for everything that happens at the Artime
Center.
Mr. Castaneda: Would you want to...
Mayor Suarez: Because, otherwise, see...
Commissioner Alonso: Didn't we have something like that...
Mr. Castaneda: No, the ordinance says that the Commission can waive any fees.
If you want, I'll bring an ordinance like you have for Bayfront...
Mayor Suarez: Well, maybe it's not, an ordinance what I want. It's just a -
maybe it's a market analysis. If we're at the point now that we have
sufficient things happening there that there's never a situation where we say,
if we don't allow these people to use it for free, it will go unused, then
tell us that and let's establish a policy and let's be rigid. Because,
otherwise, whoever happens to know how* to schedule a meeting here can come in
and get it waived and we don't have any kind of a policy. Really, we have to
recoup some of the money we spent on this facility.
Commissioner Alonso: That's right.
Mayor Suarez: Let, alone, our money and the money of the citizens of the State
of Florida. I think there was about $600,000 put into it, that facility.
Mr. Castaneda: That's correct.
Commissioner Alonso: Yes, I agree with the Mayor. The only thing that we are
waiting for the curtain, certain events cannottake place there until we are
finished with that, right?
Mr. Castaneda: Correct, Commissioner.
203 May 24, 1990
Commissioner Alonso: And that puts limitations...
Mayor Suarez: How does that look? How does that look on it?
Commissioner Alonso: Well, they have to work with lights.
Mayor Suarez: All right.
Commissioner Alonso: To make up for the...
Mr. Castaneda: Right, that's correct.
Commissioner Alonso: ...lack of the curtain and, you know, it doesn't always
work right.
Mayor Suarez: It doesn't always work right. Sometimes you need the curtain.
Commissioner Alonso: So, after that, we'll be in a better position to make
that decision.
Mayor Suarez: Sometimes you need the curtain here too. Call the roll on the
motion.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-395
A RESOLUTION GRANTING THE REQUEST OF THE CUBAN
AMERICAN PAGEANT FOR THE WAIVERS OF THE RENTAL AND
REHEARSAL FEES IN CONNFCTION WITH THE CUBAN AMERICAN
BEAUTY PAGEANT TO BE HELD AT MANUEL ARTIME PERFORMING
ARTS CENTER SEPTEMBER 28 AND 29, 1990, CONDITIONED
UPON THE ORGANIZATION OBTAINING INSURANCE REQUIREMENTS
AS MANDATED BY THE CITY OF MIAMI AND PAYING FOR ANY
_ COSTS ABOVE AND BEYOND THOSE FEES GRANTED BY THIS
RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Suarez: Thank you. Go have the pageant.
Mr. Navarro: On behalf of myself...
Mayor Suarez: Don't thank us, we're almost out of time. We have an hour and
thirteen minutes.
Mr. Navarro: I still want to thank you.
Mayor Suarez: All right...
Mr. Navarro: Thank you.
Mayor Suarez: We'll take very briefly. Commissioner De Yurre, did you .rant
to say... lie's not there... Forty two we've already discussed and lie's going
to present, I think, a scheme at a later meeting.
204 May 24, 1990
0 0
51. GRANT REQUEST BY BAYSIDE NEIGHBORHOOD ASSOCIATION FOR AN EXTENSION OF
TIME TO MEET WITH BOND REQUIREMENTS CONCERNING PERMANENT BARRICADES IN
THE NEIGHBORHOOD.
Mayor Suarez: How are we doing on 43? -my item on the barricades in the
Bayside neighborhood.
Commissioner Alonso: Oh, ho.
Mayor Suarez: Do we have people here on that? Raise your hand if you're here
on that issue. OK. What are the green ribbons? It's one of the planning and
zoning items, I guess, we got all those green ribbons out there. All right,
on the barricades, I gather we have some pros and some against. Raise your
hand if you are in favor of the barricades. OK, so we have an idea. Raise
your hand if you're against the barricades. Those are the green signs, I
guess. OK, do you have...
Mr. David Anthony: Mayor Suarez, could I please ask you a question? The item
being addressed is not the barricades, but a bond reduction. We met with...
Mayor Suarez: I remember, we've already argued about the bar....
Mr. Anthony: OK? And I respectfully request that we limit this discussion to
the bond reduction which was agreed upon by Public Works. We have...
Mayor Suarez: You don't have to be too respectful to request it because I'm
certainly going to agree to it.
Mr. Anthony: Thank you, sir.
Mayor Suarez: Could we get a briefing on that, Dr. Prieto? I know that, it
was $30,000 and it may be reduced or not to what?-$6,000 or something. Go
ahead. Explain the implications of that reduction.
Mr. Luis Prieto: Very simply, sir, we had given a figure of thirty thousand
based on the original design. They came in with a design that satisfied us.
We circulated to other agencies, Police, Fire and the County, and they were
also satisfied with this reduced barricade. That reduced barricade really
amounted to much less engineering. We estimated, instead of ten thousand per
barricade, two thousand per barricade, therefore, we requested a bond of
$6,000. They extended a check to us for $6,000 and it's presently deposited.
Mayor Suarez: So you recommend then at this point, that we proceed with it?
Mr. Prieto: Yes, sir.
Mayor Suarez: All right. Anyone against? Let's avoid the pros so that we
can do the ones against. Go ahead, ma'am.
Vice Mayor Dawkins: Hold up, hold up, hold up...
Mr. Anthony: Your Honor, Mayor, is this... the discussion should be limited
to being opposed to the bond reduction, not the barricades.
Mayor Suarez: We're going to try to do that, we're going to try to do that.
Mr. Anthony: We fought that battle.
Mayor Suarez: Knowing that people sometimes go a little bit outside of
what... the discussion is really about why we shouldn't reduce the bond from
thirty to six thousand. Go ahead, Vice Mayor Dawkins.
Vice Mayor Dawkins: How could we have professionals who overestimate a
barricade by $8,000? How could we do that?
U14IDENTIFIED SPEAKER: No, it's $34,000.
205 May 24, 1990
El
U
Mr. Prieto: The reason is, these are two different designs. At the first
time...
Vice Mayor Dawkins: Well, if the first design was what was adequate, why
would you accept the second drawing?
Mr. Prieto: Because at that...
Vice Mayor Dawkins: I mean, I don't know what the hell we're doing.
Mr. Prieto: Yes, at the f irst time we had to satisfy a number of agencies
that had changed their minds afterwards that they could accept a lesser
barricade. Essentially, we...
Vice Mayor Dawkins: What is the difference, sir, in the two barricades?
Mr. Prieto: In the first instance, we were going to a barricade similar' to
something that was being used in the Belle Meade area.
Vice Mayor Dawkins: OK.
Mr. Prieto: It was a very complicated barricade. In this instance, all we...
Vice Mayor Dawkins: Why were we going with that?
Mr. Anthony: We never were, sir.
Vice Mayor Dawkins: You don't work for me, hold off. You don't work for me.
Take it easy. OK, go ahead, sir.
Mr. Prieto: That was the original criteria that was led by the County as the
only acceptable solution. Since that time, however, and since we got the
concurrence from Fire Department that all they needed was really access to
emergency vehicles and they accepted the lesser solution, the lesser solution
was very, very simple and required many less features than the original.
Vice Mayor. Dawkins: Thank you. Thanks, Mr. Mayor.
Mayor Suarez: OK, quick statements, please, because we've...
Commissioner De Yurre: Well, let me clarify something...
Mayor Suarez: ...argued this item. Commissioner De Yurre.
Commissioner De Yurre: Mr. Prieto, are you telling me that the Fire
Department is in accord with the design?
Mr. Prieto: Yes, sir, they have now agreed that they're satisfied with the
present design. Now, remember, the original design was to satisfy Fire,
Police, the County, the State, and a whole number of agencies. Now, we have
been able to receive a much lesser demand on those barricades and, therefore,
the design that is presently being presented by the proponents of the
barricades has satisfied all the different agencies that we've coordinated.
Comanissioner De Yurre: And you have coordinated the Police Department also?
Mr. Prieto: Yes, sir, everybody.
Commissioner De Yurre: And they're in accord with the design.
Mr. Prieto: Everybody seems to be in accord at this stage.
Commissioner De Yurre: Seems? They are or they aren't?
Mr. Prieto: They are, sir. Yes.
Corunissioner De Yurre: Oh, OK.
UNIDENTIFIED SPEAKER: Yes, who has the copyright to this ign?
Mr. Anthony: We'd like to sell the design.
206 May 24, 1990
11
0
Mayor Suarez: We've find a day with a lot of people speaking out of order.
Let's not add to it, ma'am, please. Go ahead, make a statement, if you have
one.
Ms. Susan Sarota: I have one. My name is Susan Sarota, I live at 880 N.E.
69th Street. I am the president of the Clipper Condominium Association, and
I'm speaking tonight on behalf of many concerned residents in the area. Some
who are elderly, and are not night drivers, couldn't get down here and were
somewhat bothered by the rain, and some were too intimidated by the pro -
barricade group to attend the meeting and speak out for themselves.
Mayor Suarez: The ole intimidate the opposition trick.
Ms. Sarota: Yes. The pro -barricade group has asked you to reduce the bond
required by law to 20 percent of the amount both you and they agreed to back
in January. They did not submit or post any bond till well after the 120 day
deadline that the resolution that was law required. The plans seemed to come
in coincidentally at $6,000, which was the money they were able to raise.
However, when I talked to people in the neighborhood, they hadn't seen the
resolution and they were told they could make voluntary contributions, but not
to worry, they'd have the barricades no matter what. Thirty thousand dollar
figure was a mystery to many of the homeowners. If the pro -barricade group
had been... had raised $500, then my suggestion to you and my statement to you
is that you would have had plans submitted for $500. You got plans for
barricades that could be built based on the money they were able to raise and
$30,000 was never their goal, although they told you and agreed that, that
would be the goal back in January.
Mr. Anthony: No, no. Your Honor, I totally object to that accusation.
Mayor Suarez: Please, please, please! No, I'm going to rule you out of
order, David, please, and have you removed. Go ahead, ma'am, complete your
statement. Besides, it's not helping your case if you can't, you know, listen
to the opposing side...
Ms. Sarota: Reasonably.
Mayor Suarez: ...courteously and reasonably. Thank you, go ahead.
Ms. Sarota: OK. As you know, our area is not a place that you get to
anywhere from there. We are not an area that people have to drive through to
get any place else. We now learn that the Palm Bay Club, which has over 600
living units, they are using one entrance in and out of the Palm Bay on the
curvy part of 69th Street. So, for the desire of some of the people in the
single family homes to have streets without traffic, all their traffic is on
69th. I don't know if you know this yet, but the Palm Bay condominium
dwellers have been told that a building over 20 stories high with another 350
or 250 car garage, is planned to be built on the property.
Mayor Suarez: What does that have to do with the bond?
Ms. Sarota: What it has to do with the bond is that the bond is... well, the
people in the neighborhood didn't care enough to raise the thirty thousand
that they promised, and they didn't raise it. I saw a flyer that said they
were raising money for a beautification committee. It might be something
else, but I would have assumed that during barricade time, it would have been
for barricades. I think that the resolution became law in January and the
people who were pro -barricade did not honor the resolution. They didn't even
put up the $6,000 as a good faith bond before the deadline. I'm going to give
you photographs that have something to do with the bond because you should
know that the people who live on 70th Street, which is flooded and Public
Works told that to you, they moved those barricades when tiw y need to get out
on a rainy day. So, the barricades may be passable to emergency vehicles,
they'll also be passable to the people who live on the street where they are
when they're inconvenienced. They're also parking their cars outside the
barricades because it's one extra mile in and one extra mile out to go home.
I urge you, on behalf of many concerned residents at Bayside, to ask the
barricade people to live up to the resolution that they were happy to tell you
they would live up to back in January.
Mr. Anthony: Mayor Suarez, may I speak now?
207 May 24, 1990
Mayor Suarez: No, no, it's not necessary. All right, last statement., sir. I
mean, it may not be necessary, David. I don't know. It may be. I'll. get a
feeling of the Commission on how they're leaning on this.
Mr. Frank H. Mitchell: Frank H. Mitchell.
Mayor Suarez: Please, please, please, please. Go ahead, sir.
Mr. Mitchell: Frank H. Mitchell, 688 N.E. 69th Street. The barricades have
been a thorn .in the flesh of the whole community. It's a very divisive and
destructive program. The three streets, 70, 71, and 72 Streets, have been
barricaded intermittently, and when it suits anybody, they bypass the
barricades. Now, we haven't had a traffic count that I'm aware of and the -
Channel 17 had a very good program about barricades and David made a very poor
showing on that program. I've got a tape of it and I'll be very happy to
provide you with it. The whole program was very much opposed to barricades in
general, and I spoke up against the barricades in particular. David has been
making a point - he always makes a point of being on the Mayor's task force,
and he did make a good case for barricades on that Channel 17 called "Speak
Out."
Mayor Suarez: All right. Thank you, thanks to all of you on the opposition.
Commissioners, do you need to hear anything from the favorable group, the pro
group? -or are you ready to vote on this? I mean, otherwise, we'll hear a
full presentation from the favorable group. I'm inclined to go with them.
Well, if you don't indicate that you're going to vote for them, then they may
want to be heard.
Commissioner Alonso: I have to ask one more question. Why did the sign was
changed that the price change, Dr. Prieto? I'm confused on that point.
Mr. Prieto: The price changed because the design changed. And the
requirements changed so as the requirements changed to satisfy the different
departments, the requirements reduced the necessity of building and,
therefore, we accepted something that was a minimal acceptable to all
departments. They presented a design, the design was approved, they had some
contractors that were willing to build it for $6,000 and, therefore, the
department, in the interest of expediting and being supportive of the
resolution of the Commission, accepted a lesser figure. To have remained with
$30,000 was irrelevant to what .really was going to be built out there.
Commissioner Alonso: I see. What do you have to say about this question of
the water and the picture and the only way that they can leave the area? Is
that, in fact, the case of what's happening? Is that the only way that they
can go through to leave the area?
Mr. Anthony: Commissioner Alonso, I live on N.E. 70t.h Street, the street in
question. At the end of the street, there are two storm sewage grates.
Perhaps five times a year the street floods. All I'm going to say is, the
whole Miami, City of Miami floods, all the other streets flood. We go down to
the end of the street, pull the pine needles off of the grate and the water
goes right down. There is no problem.
Ms. Sarota: It floods every time it rains. Twelve inches, at least.
Mr. Anthony: What's curious - what's very curious is that the president of
the Clipper does not need to use 7Oth Street. Why is she addressing this
issue? She lives on 69th.
Mayor Suarez: That's irrelevant, that's an argument to thp person, not the
issue. OK, go ahead and make any other presentations you nc,:d to make.
Ms. Sarota: I'm allcwed to go on 70th Street.
Mr. Anthony: The only thing I wanted to...
Mayor Suarez: Please, please. Ma'am, you're out of order then... now, you're
going to be the one that gets removed. Go ahead.
Mr. Brett Clark: My name is Brett Clark, and I live on 71st Street, and the
issue of the water and all the other issues were already discussed at the —_
first meeting, which actually was the second meeting or, the barricades. The
208 May 24, 1990
issue here is the amount of the bond, not the issue of the barricades.
Otherwise, we would have had a whole group }sere and we would have redecided
the whole issue again. And it seems like to me where the problem really lies
is the way that the resolution was drafted. It should have given more leeway
as to the amount because they made an estimate. The estimate was wrong, OK?
They said thirty thousand, it wasn't anywhere near thirty thousand. They
should have put a little bit more leeway when they drafted the resolution to
allow the Public Works Department the discretion to lower it, which they did
and I don't think that the Commission should redecide the issue again.
Mayor Suarez: All right. Anything further? Commissioners, do you need to
hear any more from the favorable side once again?
Mr. McVay Christie: I think clarification can be...
Mayor Suarez: Give us your name please and address.
Mr. Christie: McVay Christie, 700 N.E. 72nd Street. The $30,000 amount had
been based upon what had been done in an adjoining community that has a
totally different system of barricades, more square footage of concrete being
poured, more landscaped involved. The Public Works Department worked on the
assumption that our streets would cost approximately the same. It was an
inaccurate assumption on their part to begin with. Secondly, when we moved to
have accessible streets for emergency access, it changed radically the design.
So there was a projected mistake to begin with. The amount of money we
raised, by the way, had nothing to do with the amount of money that we
requested for the bond. It's absolutely a fallacious argument on the
opposition's part.
Ms. Sarota: May I speak?
Mayor Suarez: All right.
Ms. Sarota: I don't have anybody behind me. Can I go again?
Mayor Suarez: Wait a minute, ma'am. Wait a minute. Anyone else on the side
in favor that would advance any other arguments that haven't been advanced?
OK, make one last statement and we'll vote.
Ms. Sarota: My last statement is, that not only did the amount of the bond -
not only was that honored, but the time amount was not honored and I'd like to
say that I'm not too familiar with Coconut Grove, but I think that the people
in Coconut Grove got all their approvals, and I understand from Public Works
that they had to get rebuilt at the City expense. So, I'd like to say that
it's very coincidental to me - or they bad to get repaired - I think the
Public Works Department told me they sent a bill to the homeowners association
that they don't think they'll ever collect. But I'd like to say that the
amount these barricades are costing is directly related to how much money was
raised, not how much money the barricades would cost.
Mayor Suarez: OK, well., one thing is clear is that we're not going to be
spending City funds to maintain barricades. It's bad enough that we have all
these debates about them without having to put our money into them.
Otherwise, I'm ready to vote on the item. Commissioners, anyone, to move the
item? If not., I'll move the reduction to $6,000, right? So moved.
Vice Mayor Dawkins: Do you have a second? Is there a second? Is there a
second for the third time? The motion dies for the lack of a second. Try
another one.
Mayor Suarez: My, that's interesting. All right, item...
UNIDENTIFIED SPEAKER: Did someone second it?
Mayor Suarez: No second. It was not seconded. Sorry.
Mr. Anthony: So what does that mean?
Mayor Suarez: So it doesn't pass.
Mr. Anthony: [Tait a second.
209 May 24, 1990
Mayor suaroz- In the absence of a...
Mr. Anthony: They accepted it.
Mayor Suarez: It does not pass, Mr. Anthony.
Mr. Anthony: They accepted it. In March, they said, we agree to take your
$6,000 to cover cost. The only reason no deadline was met because Dr. Prieto
said, we will put it on the agenda. It is not our fault that the first
available agenda is May 24th. That is illegal. You cannot illegally deny us
that when we met all the conditions.
Mayor Suarez: All right, I agree with you. No, no, not necessarily as to
that but as a policy matter, I'm willing to go with it but you don't have a
second right now on this Commission.
Mr. Anthony: So what do we have to...
Mayor Suarez: Either that or I'm missing something.
Mr. Anthony: So what is the status currently? We need some clarification at
this point.
Mayor Suarez: The status is we cannot implement a plan if the bond is not
agreed to by the Commission for the amount that you're proposing, maybe...
Mr. Anthony: So, are you telling us that we still have to come up with the
$30,000 figure?
Mayor Suarez: That's the way it is right now in the absence of any other
motion for any other particular amount, sir.
Mr. Anthony: And we got an extension and we've got the extension to get the
$30,000.
Mr. Fernandez: But the 120 days have lapsed. Unless you give additional time
for them to come up with the stated amount, then there is nothing happening.
Mayor Suarez: What is it...
Vice Mayor Dawkins: There's no problem with them coming up with the stated
amount and then, if it costs less than that to do the barricades, I don't have
a problem with it. But I got a...
Mr. Anthony: We could get the $30,000 bond. That hasn't been a problem.
Mayor Suarez: Please, sir, you haven't been recognized.
Mr. Anthony: I'm sorry.
Mayor Suarez: Mr. Vice Mayor, complete your statement. I guess to the extent
that he expressed himself on that, and I certainly agree, if you post a
$30,000 bond and it costs less than that, you'll have no problem in actually
putting them in place. All right?
Commissioner De Yurre: Isn't there a time limit as to the temporaries being
up?
Mr. Prieto: No. 'The temporaries can remain if you want to or they can be
removed.
Commissioner De Yurre: No, no, what does the resolution say?
Mr. Prieto: It says to be taken down after. 120 days.
Mr. Anthony: Coconut Grove's remained up for over a year.
Commissioner De Yurre: OK, how long has it been?
Mr. Prieto: Excuse me, sir...
Commissioner De Yurre: How long has it been?
210 May 24, 1990
0
ni
Mr. Prieto: Oh, it's been past 120 days at this time, sir.
Commissioner De Yurre: OK and per the resolution, if by 120 days the problem
hadn't been addressed and resolved, then the instructions are they are to be
taken down. Is that correct?
Mr. Prieto: Yes, sir. Yes, that's right.
Commissioner De Yurre: OK, then.
Mr. Prieto: Fine, we'll do that.
Vice Mayor. Dawkins: But - I mean, I'm with Commissioner De Yurre, but .in
fairness to them, if they were told that the $6,000 was all they needed, then
we got to give them time to see if they'll. come up with the $30,000. I mean,
we got to be fair.
Mr. Prieto: Yes, sir.
Commissioner De Yurre: How much time are we talking about? -an extra 30 days?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Prieto: Thirty days seems reasonable.
Commissioner De Yurre: Thirty days?
Commissioner Alonso: Thirty days?
Commissioner De Yurre: You know, if it's going to happen, it's going to
happen quickly.
Mr. Anthony: Can I add. We met in the early part of March with Public Works
and they said everything was OK. We would like the 45 days from the day we
met with them to the May 7th deadline date. We were assured 45 days ago, from
May 7th, that everything was OK and we took the word of the director, we still
take his word.
Commissioner De Yurre: So you want 45 days?
Commissioner Alonso: Forty-five days?
Mr. Anthony: Yes.
Commissioner De Yurre: If, in 45 days, they haven't come up with the
requirements that have been set by this Commission, then automatically the
barricades go down. Is that fair enough?
Mr. Anthony: But we still have time then to raise the $30,000 and put up the
permanents, correct, Miller?
Commissioner De Yurre: Forty-five days. Forty-five days.
Mr. Anthony: But after the 45 days...
Mayor Suarez: Yes, I'm sure they can buy it, but they're going to have to put
up collateral.
Mr. Anthony: we still can come up with the monies because the permanent
barricades have been approved.
Commissioner De Yurre: No, no, the 45 days is it...
Mr. Anthony: It's for the bond.
Commissioner De Yurre: ...then you're going to have to come back... no, no,
but that's part of this resolution.
Mayor Suarez: All right, we're not engaging in debate back and forth.
Commissioner De Yurre, finish your statement.
211 May 24, 1990
Commissioner De Yurre: I'll make a motion to grant another. 45 day extension
for them to come up with the money that is needed and to meet the requirements
that were set by this Commission previously. If, in the 45 days they haven't
come up with and met the requirements, then the barricades go down and it goes
back as if nothing had happened. And if they ever want to go with barricades
again, they would have to come back before this Commission and try to get
three votes again to put them in.
Ms. Sarota: Can the temporaries come down now?
UNIDENTIFIED SPEAKERS: No.
Commissioner De Yurre: Well, we're going to give them 45 days and that's it.
If they don't do it in 45 days, then everything goes down and that's it.
Mr. Anthony: Would it be possible to make a suggested motion to the
Commission?
Commissioner De Yurre: You're getting away with a lot right now.
UNIDENTIFIED SPEAKER: So are you.
UNIDENTIFIED SPEAKER: Really.
Mr. Anthony: OK, but the question is, that the other communities that have
had barricades put up, they didn't pay for it themselves. Like the person
said over there, in Coconut Grove the City Commission ended up paying it.
Commissioner De Yurre: And I didn't vote for that.
Mr. Anthony: We're paying for it ourselves and we agreed to, but now we're
asked to bear an onerous burden of $30,000 when it's only $6,000 to pay for
it. And we agreed to pay for whatever it costs, but we're being asked to go
beyond that and post a bond that is more than the $6,000.
Ms. Sarota: Sure they did. They agreed to post $30,000.
Vice Mayor Dawkins: Hey, you're out of order, madam.
Ms. Sarota: OK, I'm sorry.
Vice Mayor Dawkins: You're out of order.
Mayor Suarez: Wait, wait...
Commissioner De Yurre: OK...
Mr. Anthony: I would suggest that you all allow $6,000 in lieu of the bond
and if it goes over that, then make the residents pay for the overage.
Mayor Suarez: We did not get a second on the reduction of the bond.
Commissioner De Yurre: I've made a motion and that's it.
Mayor Suarez: Conunissi.oner De Yurre, what's your motion?
Commissioner De Yurre: My motion again is an extension of 45 days. If they
haven't met the requirements that were set by this Commission by resolution
previously by the 45th day, then the barricades, the temporaries, go down and
we go back to square one. If they ever want to put them up again, they have
to come and make a presentation again before this Commission to get three
votes.
Mayor Suarez: So moved.
Vice Mayor Dawkins: Second and under discussion. In the... I mean, are we
saying that when they come up with the $30,000, whatever it takes to construct
the barricades, they get it back?
Commissioner De Yurre: What's that now?
212 May 24, 1990
Commissioner Alonso: This is just, a bond, sn't it? It's a guarantee that
they are going to pay for the job, right?
Commissioner De Yurre: Well, what's that, Miller?
Commissioner Alonso: That's all it means.
Mr. Anthony: Yes, but we have...
Vice Mayor Dawkins: Yes, right and so they get... OK, no problem. All
right, all right, I'm ready to vote.
Mr. Anthony: We have to post assets that covers the amount of the bond, and
also there has to be a performance agreement, and the way the resolution
reads, we can't even meet that because the resolution says, "maintenance of
the barricades." And the bond can never be satisfied because maintenance
continues in perpetuity. So, that's another legal defect in the way the
resolution was worded. So, the motion as presented would require us also to
meet that condition which is virtually impossible to do it because we can't
get a person to bond a thing that can never be finished. They'll never
satisfy the bond.
Commissioner Alonso: Yes, but the maintenance of that, that's acceptable that
it's paid by the people of that neighborhood.
Mr. Anthony: Yes, but the bond says that under the resolution, the bond, the
person who is giving the bond, is guaranteeing that there will be performance
and the performance is that there will be maintenance. And the maintenance
lasts forever. So, therefore, the bond can never be satisfied, and you can
ask the City Attorney and he'll agree with that. That's another defect in the
way the resolution was worded. So, in a technical, legal sense, the motion,
as presented by Commissioner De Yurre, would make it impossible to satisfy the
conditions of the resolution.
Commiss:loner Alonso: Well, in order to be fair, let's see, can we look at
this point, this legal point, and if, in fact, there is something that we can
correct, we can look into that and bring this item back in reference to this
that they are addressing?
Mr. Anthony: No.
Mayor Suarez: Well, what makes sense? The same question that the
Commissioner has, what makes sense for us to do in view of the fact that we
want to hold them to their prior requirement, I think the consensus is, and we
want to allow them another 45 days to comply with it. Or does that not make
any sense? Because we either require the $30,000 or we don't, but it doesn't
make any sense to give them additional days. I don't under...
Mr. Prieto: It does make sense to give the 45 days simply for the
construction of the barricades. The whole maintenance issue should be avoided
altogether. The City should maintain it and it's simply the Commission must
know that it's voting to not only to permit the barricades but maintaining
barricades in perpetuity.
Mayor Suarez: Well, in perpetuity, or until we decide to eliminate them.
Mr. Prieto: Yes, sir, of course.
Mr. Anthony: If I may, Mr. Mayor, then the resolution would have to be
changed to reflect that, and the other problem with it is that the contractor
is supposed to be the obligor on the bond and the ways it's written there's an
ambiguity, we are the obligors, we're not contractors.
Mr. Fernandez: If the City Commission accepts the rocoRunendation of the
administration, which is only to look at the construction, then, in fact., you
should remove from the requirement of the bond, the issue of Maintenance.
Mayor Suarez: OK, do you build that into your motion?
Commissioner De Yurre: 1 do.
213 May 24, 1990
r]
U
Mayor Suarez: So moved. So modi.f.led in the motion. Does the sacond accept
that.? Vice Mayor Dawkins? OK. So modified. Any discussion? If not, please
call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO, 90-396
A RESOLUTION MAKING FINDINGS, AND DIRECTING THE
EXTENSION OF THE PERIOD DURING WHICH A BOND FOR THE
MONIES NEEDED FOR THE INSTALLATION OF BARRICADES AT
NORTHEAST 70TH STREET, NORTHEAST 71ST STREET AND
NORTHEAST 72ND STREET AT THE ZONING DISTRICT BOUNDARY
LINE LOCATED AT THE EASTERLY SIDE OF BISCAYNE
BOULEVARD IN THE CITY OF MIAMI FOR A PERIOD OF FORTY-
FIVE (45) DAYS FROM THE DATE OF THIS RESOLUTION; AND
DIRECTING THE ELIMINATION OF THE REQUIREMENT THAT SAID
BOND GUARANTEE THE MAINTENANCE OF THE AFOREMENTIONED
BARRICADES.
(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 Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
-------------------------------------------------------------------------------
52. SCHEDULE TOWN HALL 14EETING AT AMERICAN LEGION PARK ON JUNE 25, 1990, AT
7:00 P.M. TO DISCUSS ISSUES OF IMPORT IN THE COMMUNITY.
-------------------------------------------------------------------------------
Mayor Suarez: And I think we have one more item of discussion before planning
and zoning.
Commissioner De Yurre: Mr. Mayor, we have the scheduling of a Townhall
meeting...
Mayor Suarez: Right. When are you proposing for that? Please, we need order
in the chambers. Please, ma'am.
Commissioner De Yurre: We're looking at Monday, the 25th of June.
Mayor Suarez: The 25th of June, a Monday, to be held at...
Commissioner De Yurre: At Legion Park.
Mayor Suarez: Legion Park. What time?
Commissioner De Yurre: Seven o'clock.
Mayor Suarez: Seven o'clock. I'll entertain that in the form of a motion.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Bob Clark.
Bob Clark, Esq.: We approved that notice to be distributed?
Mr. Jorge Fernandez: We distributed to you a notice to advertise this public
hearing at Legion Park and basically you have... this will not be a regular
214 May 24, 1990
. .r
City Commission meeting. Pisi_cally, the notice says that inviting the
neighbors to come out and to discuss with you issues that they are concerned
with and they could hear you deliberate on ':hem, but you will not be making
any formal ...
Commissioner De Yurre: Just like...
Mr. Fernandez: ...will not be taking formal actions.
Commissioner De Yurre: Just like the Coconut Grove Townhall meetings that we -
had.
Mr. Fernandez: Correct. Exactly.
Commissioner De Yurre: Show time.
Mr. Fernandez: So, that's in essence what the notice says...
Commissioner De Yurre: That's fine.
Mr. Fernandez: ...so if you agree with that, then it would be proper for you
to vote on that now.
Commissioner De Yurre: That's fine.
UNIDENTIFIED SPEAKER: Commissioner De Yurre, could we make that 7:30 instead
of 7:00?
Commissioner De Yurre: Well, it's Cuban time. You know, don't worry about
it. OK?
UNIDENTIFIED SPEAKER: OK.
Vice Mayor Dawkins: What do you need, Annette?
Ms. Eisenberg: We want the in -kind services
Vice Mayor Dawkins: Like what?
Ms. Eisenberg: Oh, microphones...
Vice Mayor Dawkins: Oh, yes.
Commissioner Alonso: Oh, yes, you'll have it.
Mayor Suarez: Please, Annette, grab the micro... talking about microphones,
why don't you grab it? So we get you on the record so we don't have like, you
know, this...
Ms. Eisenberg: My name is Annette Eisenberg, 1180...
Mayor Suarez: —transcription which says, Annette Eisenberg was yelling
things but nobody knew what she was saying.
Ms. Eisenberg: Who's talking? -me or you?
Commissioner De Yurre: Well, Annette doesn't need a microphone.
Ms. Eisenberg: Who's talking...
Mayor Suarez: All right, let's try you on the mike. Go ahead.
Ms. Eisenberg: Annette Eisenberg, 1180 N.E. 86th Street. As I didn't hear
what Elena said, but I know that she is representing the umbrella group and we
will be very happy to handle the Townhall meeting. We would expect all 'the
Commissioners and the staff to be there. We would like the in -kind services
which I'm sure will be forthcoming in the City park. Also, some kind of input
from the Commissioners as to the subjects they want to cover and the kind of
orderly process we can have for you that night.
_! Conmiissioner De Yurre: You'll provide the cookies and the soft drinks and all
that.
215 May 24, 1990
Ms. Eisenberg: Of course. For this wonderful Commission,
i.t'11 be
_ extravagant. refreshments. Thank you.
- Mayor Suarez: All right.
e
- Vice Mayor Dawkins: Mr.. Mayor, I have an emergency ordinance...
Commissioner De Yurre: Well, let's vote on this first.
Mr. Fernandez: Yes, you have to vote on this.
i
_ Mayor Suarez: Call the roll on the item. Has it been moved and
seconded,
- Madam City Clerk?
Commissioner De Yurre: Go ahead, call the roll.
-
Ms. Hirai: Yes, sir.
Mayor Suarez: Call the roll.
-�
The following resolution was introduced by Commissioner De
Yurre, who
- moved its adoption:
_
RESOLUTION NO. 90-397
A RESOLUTION APPROVING ON INFORMAL TOWN HALL MEETING
TO BE HELD IN THE AUDITORIUM OF THE LEGION PARK
BUILDING IN THE AMERICAN LEGION MEMORIAL PARK, LOCATED
= AT 6447 NORTHEAST 7 AVENUE, MIAMI, FLORIDA, ON JUNE
- 25, 1990, BEGINNING AT 7:00 P.M.
-_
- (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 Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
53. EMERGENCY ORDINANCE: AMEND 10451 WHICH ESTABLISHED RESOURCES AND
APPROPRIATIONS FOR THE MIAMI POLICE CRACK COCAINE FUND - INCREASE AMOUNT
BY $389,628 AS A RESULT OF A SECOND GRANT BY BUREAU OF JUSTICE
ASSISTANCE AND FROM PROCEEDS OF SEIZED PROPERTY.
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: I've got an emergency here that the Police Department
wanted us to do and it says:
THEREUPON, THE VICE MAYOR DAWKINS READ THE ORDINANCE INTO THE PUBLIC RECORD,
BY TITLE. ONLY.
Vice Mayor Dawkins: I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
216 May 24, 1990
0-
11
s,
AN ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10451,
AS AMENDED, ADOPTED ON JULY 14, 1988, ESTABLISHING
RESOURCES AND APPROPRIATIONS FOR THE "MIAMI POLICE
CRACK COCAINE" FUND, INCREASING THE AMOUNT BY $350,000
AS A RESULT OF A SECOND GRANT BY THE BUREAU OF JUSTICE
ASSISTANCE, AND BY $39,628 FROM THE PROCEEDS OF SEIZED
PROPERTY, FOR A TOTAL OF $389,628; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins 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 Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayer Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10740.
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.
Lt. Joseph Longueira: Thank you very rauch, Commissioner.
Mayor Suarez: What items do we have on the personal appearances, any?
Discussion items, any?
Mr. Herb Bailey: Mr. Mayor...
Lt. Joseph Longueira: We need a second.
Mayor Suarez: Yes, Herb.
Mr. Bailey: ...we have item 44 that's next.
Lt. Longueira: We need a second. We need a second reading.
Mayor Suarez: Item 44.
Mr. Fernandez: You need a second vote, two votes.
Mayor Suarez: Would the...
Ms. Hirai: On what?
Mr. Fernandez: Because this is an emergency ordinance.
Mayor Suarez: The City Manager...
Ms. Hirai: I didn't have it before.
L
217
May 24, 1990
Mayor Suarez: City Attorney...
Ms. Hirai: All right, second...
Mayor Suarez: City Clerk and any other staff that is using the microphone,
please get their act together and have one at a time give us an idea of what
we have to do procedurally here. All right.
Ms. Hirai: Mr. Mayor.
Mayor Suarez: Yes, Madam City Clerk.
Ms. Hirai: It was an emergency ordinance in fact. May I please call the roll.
the second time?
THEREUPON THE CITY CLERK PROCEEDS TO CALL THE ROLL FOR THE SECOND TIME ON THE
ABOVE. EMERGENCY ORDINANCE.
54. AUTHORIZE AGREEMENT WITH ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR
PROVISION OF A GRANT, IF APPROVED, FROM THE CITY'S MINI-UDAG-LOAN
PROGRAM - TO PROVIDE FUNDING ASSISTANCE IN THE ACQUISITION OF PROPERTY
(3721-35 N.W. 17 AVENUE) FOR DEVELOPMENT OF A SMALL STRIP SHOPPING
CENTER, WITH CONDITIONS.
Mayor Suarez: OK, item 44. What's the report on this recommendation from
City Manager and staff?
Mr. Frank Castaneda: Commissioners, you have requested us to appraise the
property at 3721-35 N.W. 17th Avenue. It has been appraised by two
appraisers, the review appraisal and the review appraisals come up with a
price of $130,000 for that property. This property needs acquire with
Community Development funds, we're going to have to pay relocation benefits to
the commercial tenants in the place. We don't have any idea at this time how
much that would be, but it would probably range somewhere between one thousand
to twenty thousand dollars per business and there are four tenants. This is
an item that you requested us to appraise. There are no market studies on the
property, no feasibility analysis and so forth. If you want us to acquire
this property, we would suggest to give this money - to give actually the
money to ABDA as a grant to acquire the property and give them a period of
about two years to develop it. If they're unable to develop within that time,
the property would revert back to the City of Miami.
Mayor Suarez: OK, counselor, is that agreeable?
Tim Blake, Esq.: My name is Tim Blake, offices at 66 W. Flagler Street. Your
Honor, in concept, we're talking about the purchase of my client's property
for a fair and reasonable amount. There are not two appraisals and a third
review. There are, in essence, three appraisals. One at two hundred and
fourteen, one at one seventy-nine, and one at one thirty-two five. I've
reviewed all three of them. I'm prepared to make my argument to you
criticizing some of them, commenting on others, combining them, distinguish
them. That, obviously, would take time. Knowing the hour and under the
circumstances here, I think it would be - and they have these reports. These
are the originals. We've studied these. They have these. This is three
different opinions from three different qualified people, all of which
recognize each other's comparables. And, in fact, the one who did the review
said, both reports were considered well written and thought out and are
entirely defensible. So, what we have are three different opinions. In the
effort of compromise and settlement, we would agree to accept the middle
appraisal of $179,000 for the property. The moving amounts are not going to
near approach $20,000 per tenant. These are very small, thousand zquare foot
businesses. I would think you're looking at the range of about $5,000 a
business and I could go on, but I think you understand the gist of my
comments, your Honor.
Mayor Suarez: What's the recommendation?
218 May 24, 1990
Aak
Mr. Frank Castaneda: The recommendation of the re%,i.ew appraisers to pay
$130,000 for the property, if the Commission wants...
Mayor Suarez: A hundred and...
Mr. Castaneda: ...thirty thousand dollars.
Mr. Jorge Fernandez: That is to offer and purchase.
Mr. Castaneda: To offer.
Mr. Blake: If I could comment on the basis of that third opinion, which is
corrunenting on two and then giving his own with his own comparables. He
compares to listings, not even sales. But, when referring to one of the
listings, he refers to a piece of property that is so small and compared to
the 29,000 square feet that my client has, it's not even a comparable. All of
his comparables deal with no property greater than. 10,000 square feet. He is
not compared apples to apples, but orange to apples and what we have here is
one of the appraisers realizing there is excess land and there should be an
increment of value for that. And one appraiser places $62,000 on that. As we
all know, there are three different ways to appraise a piece of property.
There's the cost approach, the sales approach, and the income approach. And
we have...
Mayor Suarez: Are all those contemplated in the law for any kind of taking
or... you say there's three different kinds in theory or three different kinds
in law...
Mr. Blake: Three different approaches and each...
Mayor Suarez: ...if this was a condemnation.
Mr. Blake: In condemnation, this is the three theories you'd go under and
each of them have worked their three theories and each have come out with a
different opinion. And each have selected little different comparables. Some
of the closer comparables to my client's property are small parcels, four and
five thousand square feet. To go to get something in the neighborhood of
twenty-five to thirty-five thousand square feet, like my client's property,
twenty-nine, you have to go a little farther out. So, an argument can be made
against the reviewers approach. An argument can be made for the high
appraisal, appraiser by the name of Rolle ended up with $214,000 because he
took into account the income potential and the highest and best use of the
property. I feel that any of these appraisers are entitled to their opinion.
The ultimate decision, of course, is with yours, but my client, in the
interest of compromise, would accept the middle figure of $179,000.
Mayor Suarez: All right, Commissioners, what do you want to do on this? Is
it CDBG funds that are being used?
Mr. Fernandez: Yes. Also you should keep in mind that besides the purchase
price, you're looking at the expense of relocation which there is no way of
determining right now. So the total cost of acquiring this land could be
considerably more. There is no way of predicting.
Mr. Blake: The only comment I'd have there, these are four small businesses
about 1,000 square feet per business and there's no way in the world that
those numbers are going to be very large and they're going to be in the same
area, the Allapattah business community, so, you know, allowing for reasonable
expenses, I'd say four to five thousand.
Vice Mayor Dawkins: I move the hundred and seventy-nine figure.
Mayor Suarez: All right, so moved. I'll second.
Vice Mayor Dawkins: You second.
Mayor Suarez: All right. Moved and seconded.
please call the roll.
Any discussion? If not,
219 May 24, 1990
Th- followini resolution was Do
introduced by Commissioner awkins, wh
moved it' adoption:
RESOLUTION NO. 90-398
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR THE
PROVISION OF $179,000 IN THE FORM OF A GRANT, IF
FEDERALLY APPROVED, FROM THE CITY'S MINI-UDAG-LOAN
POOL FUND OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM TO THE ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY FOR THE PURPOSE OF PROVIDING FINANCIAL
ASSISTANCE IN THE ACQUISITION OF PROPERTY LOCATED AT
3721-3735 NORTHWEST 17 AVENUE FOR THE PROPOSED
DEVELOPMENT OF A SMALL STRIP SHOPPING CENTER, SUBJECT
TO THE CONDITION THAT IF CONSTRUCTION OF THE PROPOSED
SHOPPING CENTER IS NOT UNDERWAY AFTER TWO YEARS AND
COMPLETED AFTER THREE FROM DATE OF ACQUISITION, TITLE
TO SAID PROPERTY SHALL VEST IN THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
COMMENTS MADE DURING ROLI, CALL:
Mayor Suarez: Before I vote, I see a cry of anguish from the City Attorney
and the City Manager. We got a legal problem with this?
Mr. Fernandez: Yes, if you were to pass this resolution, I would suggest that
you would make it subject and conditioned to approval from the funding source.
We would need to contact HUD...
Mayor Suarez: All right.
Mr. Fernandez: ...to make sure that HUD would be in concurrence with this
rationale.
Mayor Suarez: All right, let's go back to the motion and a second. Does the
movant accept that?
Vice Mayor Dawkins: So move. Yes.
Mayor Suarez: And the second, yes. All right, continue the roll call then.
That's just me left.
AT THIS POINT, THE CITY CLERK CALLED THE ROLL AGAIN TO CONFIRM THE
ABOVE MODIFICATIO14 TO R-90-398 ABOVE.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION CLOSES CONSIDERATION OF THE REGULAR AGENDA
ITEMS TO CONSIDER PLANNING AND ZONING AGENDA ITEMS.
220 May 24, 1990
55. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND USE MAP BY CHANGING LAND USE
DESIGNATION OF PROPERTIES GENERALLY FRONTING ON OR WITHIN 150 FEET OF
THE WEST RIGHT-OF-WAY LINE OF N.W. 36 COURT BETWEEN W. FLAGLER STREET
AND N.W. 7 STREET FROM DUPLEX RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL (Applicant: Planning Department.)
-------------------------------------------------------------------------------
Mayor Suarez: Is the applicant on PZ-19 here?
Commissioner De Yurre: No, no, it's the City.
Mayor Suarez: The City.
Commissioner Alonso: It's the City and we can resolve that in just a second.
Mayor. Suarez: This is the one we've got tons and tons of correspondence on?
Mr. Olmedillo: We were instructed by you to bring it back to the Commission
with a recommendation. It went to the PAB recommendations to change the
westerly side of 36th Court to a multifamily medium density and the Planning
Advisory Board recommended to you denial. We are recommending approval and
the neighbors are here to be heard by this...
Mayor Suarez: And I think every...
Commissioner Alonso: Can I make a motion that we....
Commissioner De Yurre: Well, before you - are you going to make a motion on
that item?
Commissioner Alonso: Yes, PZ-19.
Commissioner De Yurre: Well, I have a problem with that and, just for the
record, my wife owns the duplex on the corner of 36th Court and 3rd Street
which is right in the affected area and I just want to make... can I vote on
this item or not?
Mr. Fernandez: No, you cannot, sir. You would be conflicted out.
Commissioner Alonso: Let me put for the record, I awn property in Third...
Well, let me ask a question. I own property in Third Street and 35 Avenue.
It's not 36th Court. Can I vote on this item?
Mr. Fernandez: Will your property be within the area comprehended by this
change? Will your property be affected by it?
Vice Mayor Dawkins: Yes.
Commissioner Alonso: 3531 - no?
Mr. Fernandez: No. So long as you're not personally, in any way, impacted by
personally by your own vote, then you may vote.
Commissioner Alonso: It will not change anything in my property, but I want
to be sure, for the record. And we don't have the votes.
Mr. Ol.medillo: Not only is your property not included, as you've stated, but
it's also outside of the 375 radius.
Mr. Fernandez: Right, so there would be no problem with you voting.
Mayor Suarez: All right, I'll entertain a motion if it's proper then, on the
item so that we can resolve it.
Commissioner Alonso: That we maintain the area as it is now. It is the
desire of the neighbors, so I move that we maintain the area as duplex as it
is now.
221 May 24, 1990
Mayor S1_:ara7,: So moved.
(Applause)
Vice Mayor Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll. No one
wishes to be heard against that motion? Thank you. Call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-399
A MOTION DENYING PROPOSED FIRST READING ORDINANCE PLAN
1989-2000, FUTURE LAND USE MAY, BY CHANGING THE LAND
USE DESIGNATION OF PROPERTIES GENERALLY FRONTING ON OR
WITHIN 150 FEET OF THE WEST RIGHT-OF-WAY LINE OF N.W.
36 COURT BETWEEN WEST FLAGLER STREET AND N.W. 7 STREET
FROM DUPLEX RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL. (Applicant: Planning Department.)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSTENTIONS: Commissioner Victor De Yurre
ABSENT: Commissioner J. L. Plummer, Jr.
COMMENTS MADE DURING ROLL CALL:
Mr. Fernandez: Excuse me, are we on 19?
Commissioner Alonso: Yes.
Mayor Suarez: Yes.
Mr. Fernandez: Then, the ordinance has to be read.
Mayor Suarez: No, not if we're turning it down.
Mr. Fernandez: Oh, you're turning it down, OK.
Mayor Suarez: Thank you.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: All right, go away, sin no more.
Commissioner Alonso: We sold.
■
222
May 24, 1990
56. DENY PROPOSED FIRST READING ORDINANCE TO AMEND 11000 - ATLAS CHANGE OF
PROPERTIES GENERALLY FRONTING ON OR WITHIN 150 FEET OF THE WEST RIGHT-
OF-WAY LINE OF N.W. 36 COURT BETWEEN W. FLAGLER STREET AND N.W. 7 STREET
FROM R-2 TO R•3 (Applicant: Planning Department.)
Mr. Fernandez: Is that also then goes for 20? -the companion item.
Mayor. Suarez: Do we need to act on PZ-20 at all?
Mr. Fernandez: Yes, if you're turning that down, you need to vote on that
too.
Mayor Suarez: I need a motion to deny the application at 20.
Commissioner Alonso: Yes, I move.
Mayor Suarez: Moved by Commissioner Alonso, seconded by Vice Mayor Dawkins.
Call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-400
A MOTION TO DE14Y PROPOSED FIRST READING ORDINANCE FOR
_ ZONING ATLAS CHANGE (FROM R-2 TO R-3) FOR PROPERTIES
WITHIN 150 FEET OF THE WEST RIGHT-OF-WAY LINE OF N.W.
36 COURT, BETWEEN WEST FLAGLER STREET AND N.W. 7
STREET. (Applicant: Planning Department).
Upon being seconded by Commissioner Dawkins, the motion was passed and
- adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSTENTIONS: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Suarez: Bye-bye.
(Applause)
----------------------------------------------------------------------
57. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND USE MAP BY CHANGING LAND USE
DESIGNATION AT 2155-2157 S.W. 5 STREET FROM RESIDENTIAL MEDIUM DENSITY
MULTIFAMILY TO RESTRICTED COMMERCIAL (Applicant: Soler Motors).
Mayor Suarez: PZ-1. Glad somebody's happy tonight.
Commissioner Alonso: Yes, indeed.
Mr. Guillermo Olmedillo: PZ-1, 2, and 3 are related items, Mr. Mayor,
Commissioners. PZ-1 is the plan amendment, PZ-2 is the zoning amendment to
9500...
Mayor Suarez: Very well organ... let me just say you're very well organized
neighborhood. I've never gotten so many letters, I don't think. Wow!
UNIDENTIFIED SPEAKER: 'Thank you, thank you.
223 May 24, 1990
Lj
(Applause)
Mayor Suarez: PZ...
Commissioner Alonso: So, remember if you are organized, you can win.
Mayor Suarez: PZ-1.
Mr. Olmedillo: One is the plan amendment, two is the amendment to 9500, the
zoning atlas, and three is the amendment to 11000. We have to take
concurrently, 11,000 and 9500 when properties are affected. The request is
for 2155 S.W....
Vice Mayor Dawkins: Tell Commissioner De Yurre he can vote on this one, come
on back.
Mr. Olmedillo: ...Fifth Street. The Planning Department has recommended
denial. The Planning Advisory Board recommended approval on an eight to one
basis. The Zoning Board, on the corresponding zoning amendment recommended
denial in a nine to zero basis. So what you have is a denial from the
Planning Department, denial from the Planning Advisory Board, and an approval
from the Zoning Board, as a recommendation. The other way around, the PAB
recommended approval.
Vice Mayor Dawkins: And it says 8:30? I didn't think we were going to get to
it.
Mayor Suarez: Anyone wish to be heard against this application? Let the
record reflect, no one stepped forward.
Mr. Olmedillo: Mr. Mayor, some people back here.
Mayor Suarez: Oh, I'm sorry. All right. Oh, now we have again - Officer,
somebody please Dr. Prieto, I can't.... please, everybody outside the chambers
back there. That is a continuation of the chambers. We cannot function this
way. Now, who do we hear from? The applicant first? It's their appeal,
right?
Mr. Olmedillo: It's their application. The applicant is on that side.
Mayor Suarez: Right. All right, let's hear from him. I'm sorry, everyone
who is going to be heard, please be sworn in, including those that are
against. All of you please stand up and raise your right hand if you intend
to speak on this item, against or in favor, or whichever. Madam City Clerk.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: Proceed, the applicant. Name and address, please.
UNIDENTIFIED SPEAKER:
Mayor Suarez: He's going to translate for you? Or are you going to do the
presentation?
Mr. Jose Martinez: I'll do the presentation.
Mayor Suarez: All right. And you might as well identify him and put on the
record what his interest is and so or..
Mr. Martinez: My name is Jose Martinez, I'm a
professional engineer. I live
at 14831 S.W. 149th Street and I'm registered
as a lobbyist with the City of
Miami. Dear Mayor and Commissioners, we are
applying for the change of the
comprehensive neighborhood plan and the zoning
atlas change. On this piece of
property, in 2155 and 2157 S.W. 5th Street,
the reasons we're applying for
this is some... we are also to... the owners of
the property along 22nd Avenue
between 5th Street and 4th Street. We, since
the de,, opment of 22nd Avenue,
when they widen it, it was by the Metro -Dade
County partment, they created
some problems. The first problem they created is thui by putting the median
in all along our property, they don't provide
access to us. And second is,
that. by cutting 15 feet from our property, they
create also problem to park
the trucks...
224 May 24, 1990
Mayor Suarez: I'm sorry, I've just been informed that we have a little bit of
a quorum problem. Do we have any Commissioner that's going to come back in
the chambers7 Maybe we just have a temporary recess here. All right, we're
recessed for a couple of minutes. Let me not have you continue your
presentation.
Joel Maxwell, Esq.: All you can do, sir.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 8:33
P.M. AND RECONVENED AT 8:36 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT
COMMISSIONER PLUMMER.
Mayor Suarez: ...assemble, whatever the correct term is.
Mr. Martinez: OK, as I was telling the... our property runs against, along
22nd Avenue between 4th Street and 5th Street and the piece of property that
we're going for a hearing is a duplex that is behind the property, the one
marked in yellow. As I was explaining before, about five years ago when the
Department of Public Works for Metro -Dade County widened 22nd Avenue, they put
a median across our - in front of our property. And they also took 15 feet
from our property. That created a problem. Our situation to park the trucks
in front of our property and also, it creates a real bad problem for the
trucks to turn around and go into our shopping center. The reason we are
coming here is to... and asking for the zoning change is to allow us to park
the trucks in back which would not create a traff is problem and eliminate a
hazard that we already have now. And the other thing that we want...
Mayor Suarez: You say, to eliminate the what?
Mr. Martinez: The hazard of the trucks coming...
Mayor Suarez: The hazard. Oh, I thought you were saying, eliminate the
hassle.
Mr. Martinez: Nope.
Mayor Suarez: We've got the hassle. You ,just... all right, anything - I'm
sorry, I didn't mean to interrupt you.
Mr. Martinez: No, that's basically what we're...
Mayor Suarez: OK, Guillermo, you've stated the staff position and the
Planning Board...
Mr. Olmedillo: It's a denial from the staff position. The Planning Board
recommended approval to you. The Zoning Board recommended denial.
Mayor Suarez: That's interesting.
Mr. Olmedillo: The fact is that the zoning line, the demarcation line, goes
along the alley that is right behind the property that faces 22nd Avenue.
Jumping that line which is already established and is a very hard line will
begin to erode into the neighborhood, which is a very stable residential
neighborhood. And that's why we're recommending denial.
Mayor Suarez: OK, give me the streets and avenues again.
Mr. Olmedillo: The property is between the one that faces 22nd Avenue, is
between 4th and 5th Street. On the 5th Street side and the rear...
Mayor Suarez: Give the complete description, 5th Street. What?
Mr. Olmedillo: Southwest, excuse rile.
Mayor Suarez: Thank you. OK, I'in trying to think to myself what that is, 01<.
Mr. Olmedillo: And the property right behind it, one house, which is right
behind it, it's being proposed for the change by the applicant. That is the
particular piece of property which is the house..
I -Jay 24, i990
Mayor Suarez: And that's a stable residential community, you were saying,
right?
Mr. Olmedillo: It is a very stable residential community, yes.
Mayor Suarez: There's no commercial behind that first layer, that first set
of lots at all anywhere?
Mr. Olmedillo: That's right, the only thing that we saw...
Mayor Suarez: Are on 22nd Avenue between S.W. 8th and Flegler?
Mr. Olmedillo: The only thing that we saw was a dumpster that I think it
belongs to the same people that are the applicants tonight before you.
Mayor Suarez: OK. The opponents. If you're organized into one voice, so
much the better.
Commissioner Alonso: Mr. Olmedillo, the Planning Department recommended...
Mr. Olmedillo: Denial.
Commissioner Alonso: The Planning Department?
Mr. Olmedillo: Right, the Planning Advisory Board recommended approval to
you. The Planning Department recommended denial and the Zoning Board
recommended approval -- I mean, denial, excuse me. Denial also, the Zoning
Board.
Mayor Suarez: Why does the agenda read, approval on a Planning Department?
On PZ-1 and PZ-2?
Mr. Olmedillo: The Planning Department recommends denial on PZ-1 as you see
the...
Commissioner Alonso: OK, fine, fine, fine.
Mayor Suarez: I'm sorry , we had the wrong one here.
Commissioner Alonso: Fine, we got...
Mayor Suarez: All right, we're OK.
Commissioner Alonso: ...denial and approval.
Mayor Suarez: All right.
Commissioner Alonso: No, no. Let me get this straight. The Planning
Advisory Board recommends approval.
Mr. Olmedillo: That is correct. That is the plan amendment.
Commissioner Alonso: OK.
Mr. Olmedillo: And the Planning Department recommends denial on both plan
amendment and zoning change.
Mayor Suarez: All right.
Mr. Olmedillo: And the Zoning Board, which is the one that recommends to you
on the zoning issue, recommends denial.
Mayor Suarez: And you said the vote was?
Mr. Olmedillo: Nine, zero on the Zoning Board.
Mayor Suarez: All right, go ahead. Give us name and address, sir.
Mr. Jose Maltcnar;o: tly name, .Jose Ilaltonano. My address is 2153 S.W. Sth
Street, I'm...
226 May 2', 1990
Mr. Olmedillo: Mr. Mayor, he needs a translator. So, I don't know if you're
going to do the honors or...
Mayor Suarez: Is that what you're doing grabbing that mike?
Mr. Olmedillo: If you do the honors, I'll be glad to.
Mayor Suarez: No, no, no, go ahead, Guillermo. It's been a long day.
Mr. Olmedill.o: Speak slowly.
Mr. Maltonano (TRANSLATED BY MR. OLMEDILLO): I've been living there for four
years. It's been a quiet area. Now they want to change that to a commercial
area. This is not good for us because we have children and they have to put
parking, place parking, on that particular piece of property, and I'm having
problems. At the present time, there's a duplex on that particular address.
I had problems with the dumpster. Now, the trash is in front of the buildings
on the street and that gives a bad image to the area. I have collected 50
signatures from people who live in the area. And these are people who have
been living there for 18 and 20 years. And they don't want any more
commercial or retail encroaching into that area. It's beginning to bring
strangers and things are happening there that did riot happen before. That's
all I have to say. There were more people here but they had to leave the
meeting said at 3:00 p.m. and they had to leave. But he has the papers there
to show that some people were here.
Mr. Maltonano: OK, Gracias.
Mayor Suarez: Those are introduced into the record. One last statement.
UNIDENTIFIED SPEAKER (TRANSLATED BY MR. OLMEDILLO): I live at 2149 and 2151
S.W. 5th Street. And I am opposed to the change.
Commissioner De Yurre: Gracias.
UNIDENTIFIED SPEAKER (TRANSLATED BY MR. OLMEDILLO): And I want it to be
residential and not commercial. I don't want the commercial.
Mayor Suarez: OK. Thank you. Gracias. All right, ma'am, last statement.
Ms. Ofelia Maltonado: My name is Ofel.ia Maltonado, my address is 2153 S.W.
5th Street. OK...
Commissioner De Yurre: Hey, you're allowed to speak in English here, you
know.
Mr. Olmedillo: She can speak better than I can.
Ms. Maltonado: I'm sorry.
Mayor Suarez: You're doing pretty well in English.
Ms. Maltonado (TRANSLATED BY MR. OLMEDILLO): I'm opposed to have this a
commercial zone, because I have three children. At 5:00 a.m. they are opening
the bakery with trucks going in and out because they have done a parking area
which is not supposed to be a parking area. Now that they have a grocery
store, there are strange people coming in. And I also have a problem that I
have three little girls and they go riding in a bicycle and then the cars are
coming in and out. Another problem is the trash. Now they have placed the
dumpster in front where there are flies and bad odors and this is not
hygienic. Thank you.
Mayor Suarez: OK, thank you for your statement. Anything further from the
applicant rebuttal?
Mr. Martinez:
Yes, first of all, the property to the north goes further
back
than ours and
the property to the south
already has a parking lot behind
it,
which is this
one over here. What we
are asking for is basically for
the
parking lot which
is the same thing that
these people have over there south
of
our property,
if: you extend a line from
this property straight to the other
one, it goes
behind our property. We're
not encroaching any further
than
that.. That problem
that they're having with traffic right now comes from
the
227 May 24, 1990
Pizza Hut that is across the street from our business which are about 20 or 25
cars that are moving fast everyday.
Mayor Suarez: All right, nothing further, Commissioners, what's your...
Commissioner De Yurre: Yes, Mr. Mayor, I move to deny this petition.
Mayor Suarez: So moved. The motion is to deny the petition.
Vice Mayor Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-401
A MOTION DENYING PROPOSED FIRST READING ORDINANCE FOR
AMENDMENT TO THE COMPREHENSIVE NEIGHBORHOOD PLAN AT
APPROXIMATELY 2155-2157 S.W. 5 STREET (FROM
RESIDENTIAL MEDIUM DENSITY MULTIFAMILY TO RESTRICTED
COMMERCIAL). (Applicant: Soler Motors)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
58. DENY PROPOSED FIRST READING ORDINANCE TO AMEND OLD ZONING ATLAS AT 2155-
2157 S.W. 5 STREET FROM RG-2/5 TO CR-3/7. (Applicant: Soler Motors).
Mayor Suarez: PZ-2 and 3. Do we need to do anything with them in view of PZ-
17
Joel Maxwell, Esq.: Yes, sir, you need votes on each one to be consistent...
Ms. Hirai: Mr. City attorney, just a minute. PZ-1, PZ-1...
Mr. Maxwell: That was PZ-1 just now.
Ms. Hirai: It said denied.
Mr. Maxwell: Denied, correct.
Mayor Suarez: PZ-2, I'll entertain a motion to deny. I think Vice Mayor
Dawkins moved and...
Commissioner De Yurre: Second, second.
Mayor Suarez: ...Commissioner De Yurre seconded. Call the roll on PZ-2.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-402
A MOTION DE14YII4G PROPOSED FIRST READING ORDINANCE TO
AMEND OLD ZONING AT LAST AT APPROXIMATELY 2155-2157
S,W. 5 STREET (FROM RG-2/5 TO CR-3/7). (Applicant:
Soler Motors.)
228 May 24, 1990
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
59. DENY PROPOSED FIRST READING ORDINANCE TO AMEND NEW ZONING ATLAS AT 2155-
2157 S.W. 5 STREET FROM R-3 TO C-1. (Applicant: Soler Motors).
Mayor Suarez: PZ--3.
Commissioner De Yurre: Moved.
Mayor Suarez: So we need a motion on that.
Commissioner De Yurre: Move to deny.
Vice Mayor Dawkins: Second.
Mayor Suarez: Move to deny. Seconded. Any discussion? If not, please call
the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-403
A MOTION DENYING PROPOSED FIRST READING ORDINANCE FOR
ZONING ATLAS CHANGE AT APPROXIMATELY 2155-2157 S.W. 5
STREET (FROM R-3 TO C-1). (Applicant: Soler Motors).
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
60. FIRST READING ORDINANCE: CHANGE OLD ZONING ATLAS AT BLOCK BOUNDED BY
N.W. 1 COURT AND 2 AVENUE BETWEEN N.W. 5 AND 6 STREETS FROM CG-2/7 TO
SPI-16.2. (Applicant: Planning Department.)
Mayor Suarez: PZ...
Mr. Guillermo Olmedillo: Eight and nine.
Mayor Suarez: ...eight and nine. Are these City ones?
Mr. Olmedillo: Yes, because you instructed us to brink; it back and it deals
with...
229 May 24, 1990
Mayor Suarez- 01' which are ones in which we have members of the public that,
are non City staff here on?
Mr. Olmedillo: However, I think there's a member from the public here because
she is Mrs. Bower and you may remember that during the public hearings for the
ordinance, you instructed us to bring it back. This is 5th Street, N.W.,
between 1st and 2nd, and it was a change to a commercial zoning.
Mayor Suarez: Fifth Street, N,W., between lst and 2nd Avenues. That's right
up close to the expressway?
Mr. Olmedillo: Very close, yes, sir. That's eight and nine.
Mayor Suarez: And it's a Planning Department...
Mr. Olmedillo: Planning Department recommends approval, Zoning Board
recommends approval, the PAB recommends approval.
Mayor Suarez: And what is the opponent or the person here, the interested
party? There we go. Have you been sworn in?
UNIDENTIFIED SPEAKER: No.
Mayor Suarez: Please be sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Unidentified Speaker: I would just briefly like to say that I support it.
Mayor Suarez: Very smart. That way you get your item considered. OK. I'll
entertain a motion on PZ-8. Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE A -MENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHWEST 1ST
COURT AND 2ND AVENUE BETWEEN NORTHWEST 5TH AND 6TH
STREETS, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), FROM CG-2/7 GENERAL COMMERCIAL TO SPI-16.2
SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL RESIDENTIAL
DISTRICT; BY MAKING FINDINGS; AND BY MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr..
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.
230 May 24, 1990
61. FIRST READING ORDINANCE: CHANGE NEW ZONING ATLAS AT BLOCK BOUNDED BY
N.W. 1 COURT AND 2 AVENUE BETWEEN N.W. 5 ANT) 6 STREETS FROM C-1 TO SD-
16.2 (Applicant: Planning Department).
Mayor Suarez: PZ... what's the next one that we have, someone from the
general public interested in...
Mr. Rodriguez: That was nine, which is a companion item.
Vice Mayor Dawkins: Move it.
Mayor Suarez: Move companion item. Vice Mayor Dawkins. Second Commissioner
Alonso. PZ-10, read the ordinance.
Mr. Joel Maxwell: This is 9 , isn't it.
Mayor Suarez: I'm sorry, nine.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990) THE NEW ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY CHANGING THE ZONING CLASSIFICATION OF THE BLOCK
BOUNDED BY NORTHWEST 1ST COURT AND 2ND AVENUE BETWEEN
NORTHWEST 5TH AND 6TH STREETS, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM C-1 RESTRICTED
COMMERCIAL TO SD-16.2 SOUTHEAST OVERTOWN-PARK WEST
COMMERCIAL RESIDENTIAL DISTRICT; BY MAKING FINDINGS;
AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36
OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Was introduced by Vice Mayor Dawkins and seconded by Commissioner Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plununer, Jr..
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.
231 May 24, 1990
62. FIRST READING ORDINANCE! AMEND, 11000, ARTICLE 6 SD SPECIAL USE
DISTRICTS - ADD NEW SECTIO14 610 SD-10 JACKSON MEMORIAL HOSPITALMEDICAL
CENTER OVERLAY DISTRICT, etc. (Applicant: Planning Department). (See
label 63)
Mayor Suarez: OK. The next one that we have, some member of general public
on, if you know, Guillermo.
Commissioner Alonso: PZ-17.
Mr. Sergio Rodriguez: Yes. PZ-10, although it's a City application again,
this comes from an instruction again from 11000. It's the Overlay Jackson
Memorial Hospital. The Parking Overlay District. It was taken out of the
ordinance and then we were instructed to bring it back. It's the same, the
very same item which provides for parking area white...
Mayor Suarez: Is everybody in agreement?...
Commissioner Alonso: Yes, I am.
Mayor Suarez: Do we have any opposition?
Commissioner Alonso: Move.
Mr. Rodriguez: I believe we have every... all the parties agreeing to it.
Mayor Suarez: OK.
Commissioner Alonso: I move.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA
(EFFECTIVE SEPTEMBER 4, 1990), BY AMENDING ARTICLE 6,
SD SPECIAL DISTRICTS, BY ADDING A NEW SECTION 610 SD-
IO JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY
DISTRICT; PROVIDING FOR INTENT AND EFFECT; REQUIRING A
CLASS II SPECIAL PERMIT; PROVIDING SPECIAL RULES FOR
COMPUTATION OF PARKING REQUIREMENTS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Vice Mayor Dawkins
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
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.
232 May 24, 1990
63. FIRST READING ORDINANCE: AMEND 11000 - APPLY PROPOSED SD-10 JACKSON
MEMORIAL HOSPITAL, AND RETAIN UNDERI..YING ZONING DISTRICT IN AN AREA
GENERALLY BOUNDED BY N.W. 14 AND 20 STREETS, BETWEEN N.W. 7 AND 12
AVENUES, PLUS AN AREA EXTENDING APPROXIMATELY 650 FEET WEST OF N>W. 12
AVENUE TO WAGNER CREEK (Applicant: Planning Department). (See label 62)
Mayor Suarez: It's a companion item on that Joel
Mr. Maxwell: Yes.
Commissioner Alonso: Yes, eleven. Move.
Mayor Suarez: Moved by Commissioner Alonso.
Vice Mayor Dawkins: Second.
Mayor Suarez: Second, Vice Mayor Dawkins. Any discussion? If not, please
read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY APPLYING THE SD-10 JACKSON MEMORIAL
HOSPITAL MEDICAL CENTER ORVERLAY DISTRICT TO THE AREA
GENERALLY BOUNDED BY NORTHWEST 14TH AND 20TH STREETS,
BETWEEN NORTHWEST 7TH AND 12TH AVENUES, PLUS AN AREA
EXTENDING APPROXIMATELY 300 FEET SOUTH OF NORTHWEST
16TH STREET AND EXTENDING APPROXIMATELY 650 FEET WEST
OF NORTHWEST 12TH AVENUE TO WAGNER CREEK, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); BY
MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES
ON PAGE NUMBER 24 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Vice Mayor Dawkins
and was passed on its first reading by title by the following, vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
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.
233 May 24, 1990
64. FIRST READING ORDINANCE: AMEND OLD ZONING. ATLAS - APPLY HC-1 (HERITAGE
CONSERVATION) AND RETAIN UNDERLYING ZONING DISTRICT AT VENETIAN
CAUSEWAY, AND NORTH AND SOUTH VENETIAN WAY (Applicant: Planning
Department).
-------------------------------------------------------------------------------
Mayor Suarez: Next item. Do we have anyone from the general public
interested in...
Ms. Sarah Eaton: PZ-12. There were about forty people here, I don't know if
any are still left.
Mayor Suarez: OK. Raise your hand if you are here on PZ-12. Forty down to
one. Are we in agreement or do we have an opposition on this?
Ms. Sarah Eaton: The residents of the Venetian Islands are in favor.
Mayor Suarez: All right. What is the recommendation?
Commissioner Alonso: Are you in favor, is she in favor?
Ms. Sarah Eaton: Yes. The Planning Department is recommending the
application of the HC-1 Overlay to this property.
Mayor Suarez: OK.
Commissioner Alonso: Are you in favor?
Unidentified Speaker: I am also in favor. I'm here representing the Venetian
Islands. Improvement is...
Mayor Suarez: OK. We don't have you sworn in, so unless you have any
problems with what we are about to do, don't even say anything, just kind of
pray, you know.
Commissioner Alonso: If not, I move.
Mayor Suarez: All right, moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Second, Vice Mayor Dawkins. Any discussion? If not, please
read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING SECTION 1610, HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO
THE VENETIAN CAUSEWAY: THE ENTIRE LENGTH OF THE
CAUSEWAY WITHIN THE CITY OF MIAMI FROM A POINT
APPROXIMATELY 20 FEET WEST OF THE DATE COUNTY BULKHEAD
LINE EASTWARD TO THE. CITY LIMITS AND INCLUDING ALL
BRIDGES AND THE RIGHTS -OF -WAY OF NORTH AND SOUTH
VENETIAN WAY, MIAMI, FLORIDA; INCORPORATING THE
DESIGNATION REPORT; MAKING FINDINGS; AND MAKING ALL
NECESSARY CHANGES ON PAGE NUMBERS 22 AND 23 OF SAID
ZONING ATLAS; CONTAINING A REPEALF,R PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Cormissioner Alonso and seconded by Vice Mayor Dawkins
and was passed on its first reading by title by the following vote:
234 May 21, 1990
A7ES: Commi--sione*- Victor De "rurre -_-
Comm i_ssinner Miriam Alonso _
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
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.
65. FIRST READING ORDINANCE: AMEND NEW ZONING ATLAS - APPLY HC-1 (HERITAGE -
CONSERVATION) AND RETAIN UNDERLYING ZONING DISTRICT AT VENETIAN
CAUSEWAY. AND NORTH AND SOUTH VENETIAN WAY (Applicant: Planning
Department).
Mayor Suarez: Companion item PZ-13.
Commissioner De Yurre: Move.
Commissioner Alonso: Move.
Mayor Suarez: Moved by Commissioner De Yurre. Seconded by Commissioner
Alonso. Any discussion? If not, please read the ordinance. Call the roll.
Ali ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990) THE NEW ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY APPLYING SECTION 710, HC-1: GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO THE VENETIAN
CAUSEWAY: THE ENTIRE LENGTH OF THE CAUSEWAY WITHIN THE
CITY OF MIAMI FROM A POINT APPROXIMATELY 20 FEET WEST
OF THE DATE COUNTY BULKHEAD LINE EASTWARD TO THE CITY
LIMITS AND INCLUDING ALL BRIDGES AND THE RIGHTS-OF-`,dAY
OF NORTH AND SOUTH VENETIAN WAY, MIAMI, FLORIDA;
MAKING FINDINGS; INCORPORATING THE DESIGNATION REPORT;
AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 22
AND 23 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
'Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
DOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
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.
235 May 24, 1990
_ 66. E'IRST READING ORDINANCE: A14END CODE, SECTION 4-10 (ALCOHOLIC BEVERAGES) i
CONCERNING DISTANCE SEPARATION REQUIREMENTS FOR IDENTICAL LICENSEES
DISTINCT FROM DISSIMILAR LICENSEES (Applicant: Planning Department).
Mayor Suarez: What's the next number we have, members of the general public
interested in, Joe?
Mr. Joe McManus: Fourteen, fifteen and sixteen are Planning Department items
related to noise of construction, mechanical equipment. I don't believe there
is anybody in the audience concerned with that. The next item which people
have evidence to concern, is PZ-17(b) alcoholic beverages.
Vice Mayor Dawkins: There is nobody appearing.
NOTE FOR THE RECORD: At this point, Agenda items PZ-
14, PZ-15 and PZ-16 Were continued to the City
Commission Meeting presently scheduled for June 28,
1990
Mayor Suarez: PZ-17(b) will be the last item of the night then, let me
announce that at this point. PZ-17(b) is the last item. All right, what have
we got?
Mr. McManus: Mr. Mayor, members of the Commission, there was an approach made
by Discount Pharmacy approximately two months ago, requesting consideration of
this Commission of adjusting the distance separation requirements that pertain
to package liquor stores. What we have here then, is a proposed adjustment to
the distance separation requirements between liquor establishments. The
proposal here is to retain the existing twenty-five hundred foot distance
separation requirements between packaged liquor stores themselves and the same
twenty-five hundred distance separation requirement between liquor bars. But
to lessen the distance requirement between a liquor store and a liquor bar to
fifteen hundred feet. So, we're cutting that by a thousand feet.
Mayor Suarez: A liquor store and a liquor bar.
Mr. McManus: And a liquor store and a liquor bar.
Mayor Suarez: What's a liquor bar?
Mr. McManus: Where you can get a glass of liquor for consumption on premises.
Mayor Suarez: I should know about those.
Mr. McManus: And packaged liquor store, you have to go in and buy the bottle
and you take it for consumption off the premises. So the two dissimilar ones are reduced to fifteen hundred feet but there would still be twenty-five
hundred feet between packaged liquor stores themselves in the liquor bars.
Mayor Suarez: Herb is an expert on liquor bars, I can see. I never heard =
that term, it's either bar or it isn't, I guess. Does this make sense, Joe,
are you recommending?
Mr'. McManus: We are recommending that to give a little more flexibility in
terms of locating the liquor bars and liquor stores.
Mayor Suarez: Anyone wish to be heard against this item?
Mr. Adrian Ferrades: Yes.
Commissioner De Yurre: On the item.
Mr. Ferrades: I want to recommend a change. Our request, on behalf of my
client... my name is Adrian Ferrades, I am an attorney at offices 782 NW 42
Avenue.
236 May 24, 1990
Mayor Suarez: OK. All those who are going to be in favor or against, please be sworn in and raise your right hand or whatever, City Clerk...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER TESTIMONY NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mr. Ferrades: On behalf of my client, Discount liquors, Economy Discount
Pharmacy, we had applied for P. liquor store, a package store and we had
requested a change in the ordinance to permit that because we encountered a
problem having a lounge within, I believe, a thousand feet. I believe that
the Planning has recommended the reduction from twenty-five hundred to fifteen
hundred with the idea that it would also apply to lounges. We have no
intention of putting a lounge at their location which is Coral Way and 32nd
Avenue. OK? We will request that the ordinance as proposed, be changed,
number one, with the feet required between different licensees such as a
liquor store and the existing lounge, to only seven hundred and fifty feet and
we did not require or request any change in the ordinance as to lounges being
able to open up within liquor stores. In other words, the change in the
ordinance that we requested was only applicable to the opening of new liquor
stores when there was a lounge in existence, not for additional lounges to be
open, and we would request that the ordinance, as the proposed amendment is
made, to reflect that. And only, and to reduce the fee requirement to seven
hundred and fifty without asking for any of the other changes that are
requirements, such as the church, the distance, the school or any of the other
ones... the residential.
Mayor Suarez: Without affecting those? Without affecting those, is what you
said?
Mr. Ferrades: Without affecting any of those.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Because each one of those has a sort of policy reason.
Commissioner De Yurre: Yes. Acid I think that I go along with everything, you
know, what he has been saying and I would like to, you know, my motion would
be to bring it down, accepting that the department's recommendation but
bringing that item down to the 750 feet, minimum.
Mr. Ferrades: Between the liquor store and an existing lounge?
Commissioner De Yurre: That's right.
Mr. Ferrades: That was our original request of changing the ordinance.
Commissioner De Yurre: That's my motion and... do you have something else...
different item... are you together?... OK.
Commissioner Alonso: I second.
Mayor Suarez: It's been moved and seconded as long as we have the motion, we
may as well get the second. You have no problem with that?
Mr. Ricardo Ruiz: Yes, I do.
Mayor Suarez: OK. Let's hear from you.
Mr. Ricardo Ruiz: My name is Ricardo Ruiz and I live at 3150 SW 15th Street
and I think we are more than lenient with the liquor stores and the liquor
lounges and everything that has to do with bars. I think that the guidelines
that the City has now are more than appropriate. We have a public park which
is Coral Gate Park on 32nd Avenue and 16th Street. There is a liquor store
down the street, that means that we might get another bar or another package
store, I think we have enough. We got the Bushwhacker on 37th Avenue. I
_ mean, what are we going to do? Are we going to create that the kids that are
y going to the Coral Gate Park, that the private schools and the other schools
in the area are going to be affected by all these lounges? fie has a lounge
right now on... McDuffy's Bar or something like that, on 57th; go look at that
place at night, go look at the way these people run their businesses. It's
unbelievable, we have enough problems on 32nd Avenue as it is. I meal: 32nd
237 May 24, 1990
_ Avenue, Coral Gate, we've been inundated by different things and I'm surprised
to see that the Coral. Gate fomeowners Association is not here protesting that.
And I believe that if you all approve this tonight, you're going to have all -_
these people in here and they're going to be talking to you all about giving
all these kinds of homeowners, these liquor stores more latitude... seven
hundred and fifty feet, Mr. De Yurre?... please, you know, let's keep it at
twenty-five hundred, let's keep the guidelines you have now and it works for
everybody, but let's not reduce it, let's leave it the way it is. 4
Commissioner De Yurre: OK.
Mayor Suarez: Commissioners?
Commissioner De Yurre: We have a motion and a second.
Mayor Suarez: We have a motion and a second. Any discussion? If not, please
call the roll.
Mr. Maxwell: Ordinance, sir... title, and read the ordinance.
Mayor Suarez: Please; read the ordinance. Call the rol.l.
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 4-10 OF THE CODE. OF THE CITY OF MIAMI,
FLORIDA, TO MEASURE DISTANCE SEPARATION REQUIREMENTS
FOR IDENTICAL LICENSEES DISTINCT FROM DISSIMILAR
LICENSEES: CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: We're adjourned unless there is any...
-------------------------------------------------------------------------------
67. ALLOCATE $18,000 FOR PAYMENT TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT
BOARD - ALLOCATE $18,000 FOR PAYMENT TO SPECIAL COUNSEL FOR THE CIVIL
SERVICE BOARD.
Commissioner De Yurre: Mr. Mayor, I got a resolution allocating an amount not
to exceed $18,000 from budgeted fund to the Planning Zoning and Building
Departments for paying of compensation to special counsel for the Code
Enforcement Board further allocating an amount not to exceed $18,000 from
budgeted fund to the Civil Service Office for payment of compensation to
special counsel for the Civil Service Eoard. I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
238 May 24, 1990
The following resolution was introduced by Commissinner Dp Yu.rre, who
moved its adoption:
RESOLUTION NO. 90-404
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM BUDGETED FUNDS OF THE PLANNING, BUILDING
AND ZONING DEPARTMENT FOR PAYMENT OF COMPENSATION TO
SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD;
FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $18,000
FROM BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE FOR
PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE
CIVIL SERVICE BOARD.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr..
Mayor Suarez: Yes, sir.
Mr. Steve Martin: Mayor, my name is Steve Martin, Red Road Merchant's
Association. We are an association of bar owners.
Mayor Suarez: What item... what item were you here on?
Mr. Martin: Seventeen (b). And I understand that 17(b) passed, right. Is
this correct?
Mayor Suarez: OK. Were you in favor of it, I hope?
Mr.. Martin: Oh, yes. I'm very much in favor of it.
Mayor Suarez: All right. We are adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9.03 P.M.
Xavier L. Suarez
M A Y A R
s! ,�
Hatty Hirai
CITY CLERK
�1
Walter J. Foeman
ASSISTANT CITY CLERK
239 May 14, 1990
1k OF
�1 ` �- . ♦ DOCUMENT
MOM MATE. MAY 24, 1990
PAGE No: 1 of 5
l'•w aI A.r7
AUTHORIZE THE PURCHASE OF INTOXILIZER EQUIPMENT AND TWO
ELECTRONIC MEASURING DEVICES: AND ALLOCATING FUNDS FROM
THE LAW ENFORCEMENT TRUST FUND. ($33,000)
AUTHORIZE THE PURCHASE OF SAFES AND CLOSED CIRCUIT TV
EQUIPMENT AND ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND ($13,200)
ACCEPT BID: ZIP MAILERS, INC. - FOR FURNISHING OF MAILERS
SERVICES ON A CONTRACT BASIS FOR ONE YEAR WITH THE OPTION OF
TO EXTEND FOP. TWO ADDITIONAL ONE YEAR PERIODS.
ACCEPT BID: MAROONE CHEVROLET - FOR TWENTY FOUR (24) VEHICLES
TO THE DEPARTMENT OF GENERAL SERVICE ADMINISTRATION.($245,496)
ACCEPT BID: PALMETTO ICAWASAKI TO FURNISH TWENTY SEVEN (27)
POLICE MOTORCYCLES TO THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION. ($184,653.)
ACCEPT BID: M.P.C.S. VIDEO INDUSTRY - FOR THE FURNISHING OF
MEDIA EQUIPMENT FOR THE DEPARTMENT OF POLICE. ALLOCATING FUNDS
FROM THE CAPITAL IMPROVEMENT BOND PROGRAM.
ACCEPT BID: ELECTRONICS USA - FOR THE FURNISHING OF COMPUTER
HARDWARE FOR THE POLICE PATROL SCHEDULING SYSTEM FOR THE
DEPARTMENT OF POLICE. ALLOCATING FUNDS FROM THE LAW ENFORCEM
TRUST FUND. ($24,860)
ACCEPT BID: Y AND W ROOFING AND REMODELING, INC.- FOR SIMPSON
PARK BUILDING RENOVATIONS. ALLOCATING FUNDS FROM THE 1990
CAPITAL IMPROVEMENT ORDINANCE NO. 10642. ($13,300.)
ACCEPT BID: OCEAN BAY CONSTRUCTION INC. - FOR LOCAL DRAINAGE
PROJECT E-63 - ALLOCATING FUNDS FROM THE 1990 CAPITAL
IMPROVEMENT ORDINANCE NO 1042.- ($536,270.)
ACCEPT BID: MANTELL ENGINEERING CONTRACTORS, INC. - FOR
DOWNTOWN SANITARY SEWER REPLACEMENT PHASE III. ALLOCATING
FUNDS FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642
($347,396).
ACCEPT BID: PINO FO.NTICIELLA AND ASSOCIATES, INC. - FOR
RENOVATIONS OF THE REVEREND CANON THEODORE R. GIBSON ADULT
CENTER, COCONUT GROVE NEIGHBORHOOD CENTER (VIRRICK PARK
BUILDING RENOVATIONS). - ALLOCATING FUNDS FROM THE 1990
CAPITAL IMPROVEMENT ORDINANCE NO. 10642 ($138,000.)
ACCEPT BID: M. VILA AND ASSOCIATES .- FOR PROPOSAL OF
SOUTHWEST 6TH. STREET STORM SEWER PROJECT - ALLOCATING
FUNDS FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642
($578,702.35)
•i Ayl;llq♦xi�=
(RESOLUTIONS)
90-0336
90-0337
90-0338
90-0339
90-0340
90-0341
90-0342
90-0343
90-0344
90-0345
90-0346
90-0347
PAGE 2 OFF
MAY 24, 1990
..-_
RETRIEVAL CODE W
(RESOLUTIONS)
APPROVE A COST SHARING CONTRACT BETWEEN THE CITY OF MIAMI AND 90-0348
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR STORMWATER
MANAGEMENT FACILITIES. - AUTHORIZE CITY MANAGER TO EXECUTE
CONTRACT.
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA 90-•0349
WATER MANAGEMENT DISTRICT FOR RETROFITTING STORMWATER BASIN
31 LOCATED WITHIN THE DOWNTOWN AND OVERTOWN AREAS OF THE CITY.
LEASE AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH 90-0350
AND REHABILITATIVE SERVICES, FOOD STAMP PROGRAM, FOR THE LEASE
OF APPROXIMATELY 5,500 SQUARE FEET OF SPACE PLUS THE USE OF THE
AUDITORIUM DURING THE FIRST, SECOND AND THIRD WORKING DAYS OF
EACH AND EVERY MONTH THROUGHOUT THE TERM OF THE LEASE. IN THE
MANUEL ARTIME COMMUNITY CENTER.- LESSEE SHALL PAY AN ANNUAL
RENT OF $67,760.04 FOR THE FIRST YEAR COMMENCING ON MAY 1, 1990.
EXECUTION OF AN AMENDMENT TO THE INTERLOCAL AGREEMENT, DATED
90-0351
NOVEMBER 11, 1985 , AS AMENDED, WHICH CREATED THE SUNSHINE STATE
GOVERNMENTAL, FINANCING COMMISSION; AND PROVIDING FOR AN EFFECTIVE
DATE.
AGREEMENT WITH SYLVESTER A. LUKIS, FOR THE PROFESSIONAL
90-0352
LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION
WHICH IMPACTS ON THE CITY OF MIAMI. ALLOCATING FUNDS FROM
THE LEGISLATIVE LIAISON GENERAL FUND.
AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 2 , TO AN AGREEMENT
90-0353
BETWEEN THE CITY OF MIAMI AND DELOITTE & TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON & COMPANY,
P.A., VERDEJA, IRIONDO & GRAVIER, AND WATSON & COMPANY. P.A. -
FOR RENDERING ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND
INDENTURES FOR THE MIAMI CONVENTION CENTER AND THE GOVERNMENT
CENTER PARKING GARAGE FINANCINGS. - FOR FISCAL YEAR 1990.
AGREEMENT WITH METROPOLITAN DADE COUNTY, SETTING FORTH THE
90-0354
RESPONSIBILITIES OF THE COUNTY AND CITY TO IMPLEMENT SHORELINE
RESTORATION ACTIVITIES AT TWO CITY -OWNED SPOIL ISLANDS LOCATED
ON THE WEST SIDE OF VIRGINIA KEY.
ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR THE USE OF BOBBY
90-0355
MADURO MIAMI BASEBALL STADIUM BY AMERICAN CRICKET PROMOTIONS,
INC. - FOR THE PRESENTATION OF AMATEUR CRICKET MATCHES MAY 26/
28, 1990.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SANDRA K. COLL
90-0356
THE SUM OF $30,000, WITHOUT THE ADMISSION OF LIABILITY, IN
FULL AND COMPLETE SETTLEMENT.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RICARDO J. FRANCO
90-0357
AND ARVELIA FRANCO, HIS WIFE, THE SUM OF $35,000. WITHOUT THE
ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT.
SUPPORTING THE CONCEPT OF A 1996 INTERNATIONAL EXPOSITION IN
90-0358
DOWNTOWN MIAMI TO CELEBRATE THE CENTENNIAL OF THE CITY OF MIAMI
RECOGNITION AND ENDORSEMENT OF THE "WORLD'S FAIR FOR MIAMI 1996"
ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE 90-0359
OF THE ORANGE BOWL STADIUM BY MIAMI SENIOR HIGH SCHOOL FOR THE
PRESENTATION OF ITS SPRING FOOTBALL JAMBOREE ON MAY 31, 1990.
1
DESIGNATING THE CITY OF' KAGOSHIMA, JAPAN AS A "SISTER CITY" I
90-0360
OF THE CITY OF MIAMI, FLORIDA,
DESIGNATING THE CITY OF PANAMA CITY, PANAMA, AS A "SISTER CITY" 1 90-0361
OF THE CITY OF MIAMI, FLORIDA.
i
r• r
PAGE 3 OF 5
MAY 241 1990
DOCUMENT IDENTiFICAMN RETRIEVAL CODE Ni
(RESOLUTIONS)
ACCEPT BIDS: J,R. BUILDERS, INC., TREE MASTERS, INC., AND
90-0362
CUYAHOGA WRECKING CO - FOR FURNISHING DEMOLITION SERVICES
TO THE PLANNING, BUILDING AND ZONING DEPARTMENT ON A CONTRACT
BASIS FOR ONE YEAR. - SERVICES NEEDED TO RID THE CITY OF
BUILDINGS WHICH LONG BECOME EYESORES AS SOME ARE VACANT, UN-
SECURED AND HARBORS FOR VAGRANTS AND IN SOME INSTANCES IDENTIFIED
AS SOURCES OF CRIMINAL ACTIVITY,
ACCEPT BIDS: CAMILO MUEBLES IN THE AMOUNT OF $11,566. AND DECORA
90-0363
OFFICE FURNITURE IN THE AMOUNT OF $17,407. - FOR FURNISHING
OFFICE FURNITURE TO THE DEPARTMENT OF POLICE.
ACCEPT BID: FLCRIDA COMPUTER FURNITURE - FOR THE FURNISHING
90-0364
OF WORKSTATIONS AND FILE CABINETS FOR THE DEPARTMENT OF POLICE.
DESIGNATING THE LAND SURVEYING SERVICES FOR CITY OF MIAMI PROJECT
90-0365
1991-1992 AS CATEGORY "A" AND "B", APPOINTING A CERTIFICATION
COMMITTEE OF NOT LESS THAN THREE (3) QUALIFIED PROFESSIONALS AND
APPOINTING GENE PELAEZ, P.E. AS A MEMBER OF THE NATIONAL SOCIETY
OF PROFESSIONAL ENGINEERS (NSPE). - APPROVING CITY MANAGER'S
APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF NOT LESS
THAN SIX (6) MEMBERS.
CONSENTING THE ESTABLISHMENT OF A CRITICAL WILDLIFE AREA (CWA)
90-0366
BY THE FLORIDA GAME AND FRESH WATER FISH COMMISSION OF' A
DESIGNATED CITY -OWNED AREA TO THE NORTH AND WEST OF VIRGINA KEY.
AUTHORIZING (FGFW) TO COORDINATED THE POSTING OF THE AREA; AND
SPECIFYING A CLOSURE PERIOD OF AUGUST 1ST TO MAY 1ST. EACH YEAR.
PROVIDING FOR THE CLOSURE. OF DESIGNATED STREETS TO THROUGH
90-0367
VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL FOR THE
CELEBRATION OF 1990 MIAMI/BAHAMAS GOOMBAY FESTIVAL TO BE HELD
JUNE 1, 2 and 3, 1990.
AUTHORIZE TO AMEND THE AMENDED AND RESTATED AGREEMENT BETWEEN
90-03GB
THE CITY OF M.IAMI AND MIAMI MOTORSPORTS, INC., AS AMENDED,
DATED OCTOBER 16, 1985.
CONCERNING THE 1990 MOTORCYCLE GRAND PRIX OF MIAMI TO BE 90-0369
CONDUCTED BY MIAMI MOTORSPORTS, INC. ON JULY 21 AND 22, 1990.
PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL.- FURTHER
PROVIDING THAT SUCH CLOSURES AND PROHIBITIONS SHALL BE APP'LICABL
FOR SLTBSEQUENT MOTORCYCLE GRAND PRIX EVENTS HELD THROUGH THE
YEAR 2000.
ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE 90-0370
ORANGE BOWL STADIUM BY THE UNIVERSITY OF MIAMI FOR SEASON HOME
FOOTBALL GAMES FOR A TEN YEAR PERIOD.- WITH OPTION ON THE PART
OF THE UNIVERSITY TO EXTEND SAID TERM FOR TWO ADDITIONAL FIVE-
YEAR PERIODS.- AUTHORIZE MANAGER TO EXECUTE AGREEMENT CONCERN-
ING THE LIABILITY INSURANCE AND CITY PRESS BOX SEATING.
APPROVING THE EXPENDITURE BY THE MIAMI SPORTS AND EXHIBITION p 90-0371
AUTHORITY OF $10,000 TO ASSIST IN THE STAGING OF THE 1990
BUDWEISER HYFROPLANE REGATTA.
RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN ,TUNE, j 90-0372
1990 TO TAKE PLACE ON DUNE 71 1990, COMMENCING AT 9:00 A.M.
DOCUMENT INDEX
-"
PAGE 4 OF 5 s
-
MAY 24, 1990 -
DOCLUENT I®ENTIFICATICN
RETRIEVAL CODE NA
_
(RESOLUTIONS)
DESIGNATING "BILL WOLFARTH PARK" AS THE OFFICIAL NAME OF THE
90-0379
-_
CITY -OWNED PARK PROPERTY LOCATED AT APPROXIMATELY 2000 SOUTHWEST
24TH STREET, MIAMI, FLORIDA.
_
-
ALLOCATING $25,000 FROM PUBLIC WORKS DEPARTMENT BUDGETED FUNDS
90-0381 _
IN SUPPORT OF AN EDUCATIONAL PROGRAM. - FOR THE PURPOSE OF
=
=
INFORMING AND EXPLAINING TO THE VOTERS OF THE CITY OF MIAMI THE
—
ELEMENTS INVOLVED IN REGARD TO THE VOTERS CONSIDERATION OF THE
QUESTION OF AUTHORIZING $30,000,000 LOCAL STREET AND DRAINAGE
_
-
-
IMPROVEMENT BONDS OF THE CITY OF MIAMI. SUCH QUESTION TO APPEAR
_
ON THE BALLOT AT THE SEPTEMBER 4, 1990 SPECIAL ELECTION.
APPROVING REJECTION OF THE PROTEST RECEIVED FROM NATIONAL
90-•0382
-
ECONOMIC RESEARCH ASSOCIATES, INC. IN CONNECTION WITH THE
--
-
REQUEST FOR PROPOSALS FOR A MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES DISPARITY REPORT AND MINORITY/OWNED BUSINESS
-
UTILIZATION PLAN.
�.
AUTHORIZING AGREEEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE FOR THE
PERIOD OF OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1991. .
AUTHORIZE PAYMENT TO P.N.M. CORPORATION, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $650,000 IN FULL AND COMPLETE SETTLEMENT
APPROVE APPOITMENT BY THE CITY ATTORNEY OF THE LAW FIRM OF
GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL P.A. TO
SERVE AS SPECIAL COUNSEL ON THE REVIEW OF THE DEPARTMENT OF'
OFF-STREET PARKING.
AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA AND SIGMA CONSTRUCTION AND ENGINEERING CORP.,
DATED FEBRUARY 20, 1990 FOR THE DEMOLITION OF FORMER INCINERATOR
NO. 1 ($60,000).
RATIFYING, CONFIRMING AND APPROVING THE WAIVER OF FORMAL BID
PROCEDURES FOR THE PROCUREMENT OF CERTAIN ITEMS FOR THE
CARIBBEAN BASEBALL WORLD SERIES HELD FEBRUARY 5 THROUGH 11, 1990.
AT THE ORANGE BOWL STADIUM. INFORMAL BIDS ACCEPTED WERE: The
Bid of Fencemasters, Inc. , the bid of Contemporary Services,
Inc..
CONCERNING THE 1990 FLORIDA STATE CRITERIUM BICYCLE CHAMPIONSHIP
TO BE CONDUCTED BY MIAMI HEATWAVE BICYCLE CLUB ON JUNE 3, 1990.-
PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC
CONCERNING THE OLD SAN JUAN/WYNWOOD FESTIVAL.- PROVIDING FOR
THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
ESTABLISHING A PEDESTRIAL MALL, PERMIT TO SELL BEER AND WINE.
GRANT REQUEST OF THE CUBAN AMERICAN PAGEANT FOR THE WAIVERS OF
RENTAL A14D REHEARSAL FEES IN CONNECTION WITH THE CUBAN-AMERICAN
BEAUTY PAGEANT TO BE HELD AT MANUEL ARTIME PERFORMING ARTS CENTE
EXTEND FOR A PERIOD OF FORTY FIVE (45) DAYS DURING WHICH A BOND
SHALL BE POSTED FOR THE MONIES NEEDED FOR THE INSTALLATION OF
BARRICADES AT NORTHEAST "LOTH STREET, NORTHEAST 71ST. STREET,
AND NORTHEAST 72ND STREET.
04=6ItZL!
90-0386
90-0387
90-0389
90-0390
90-0391
90-0394
90-0395
90-0396
LA
EI
DOCUMENT 1 INDEX
�T.
APPROVING AN INFORMAL TOWN HALL MEETING TO BE HELD IN THE
AUDITORIUM OF THE LEGION PARK BUILDING IN THE AMERICAN LEGION
MEMORIAL PARK ON JUNE 25, 1990 BEGINNING AT 7:00 PM.
PAGE 5 OF 5
MAY 24, 1990
RETRIEVAL CODE NO
(RESOLU'rIONS)
90-0397
AUTHORIZE CITY MANAGER TO NEGOTIATE AN AGREEMENT BETWEEN THE. 90 0398
CITY OF MIAMI AND THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY -
FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE IN THE
ACQUISITION OF PROPERTY LOCATED AT 3721-3735 NORTHWEST 17 AVE.
FOR THE DEVELOPMENT OF SMALL STRIP SHOPPING CENTER.
ALLOCATING FUNDS FROM THE BUDGETED FUNDS OF THE PLANNING, 90-0404
BUILDING AND ZONII4G DEPARTMENT FOR PAYMENT OF COMPENSATION TO
SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD; FURTHER
ALLOCATING FUNDS FROM BUDGETED OF THE CIVIL SERVICE OFFICE
FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL
SERVICE BOARD. ($18,000 FOR EACH BOARD.)