HomeMy WebLinkAboutCC 1990-04-12 MinutesOF MEETING HELD ON APRIL 12, 1990
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
m
INDEX
MINUTES OF REGULAR MEETING
APRIL 12, 1990
--------------------------------------------------------------------
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
-------
I.
PRESENTATIONS, PROCLAMATIONS, AND
PRESENTED
1
SPECIAL ITEMS
4/12/90
2.
CONSENT AGENDA
DISCUSSION
2
4/12/90
2.1
CLAIM SETTLEMENT: ARTHUR ROBY
R 90-246
2
($86,300).
4/12/90
2.2
RESCIND MOTION 89-979 - ELIMINATE
R 90-247
3
REQUIREMENT OF PRIOR COMMISSION
4/12/90
APPROVAL OF DOWNTOWN DEVELOPMENT
AUTHORITY PRINTED MATERIAL.
2..3
DECLARE ONE SURPLUS VEHICLE AS CATEGORY
R 90-248
3
"A" SURPLUS CITY STOCK - DONATE TO
4/12/90
MIAMI CAPITAL DEVELOPMENT, INC. FOR
SERVICE TO THE COMMUNITY.
2.4
APPROVE PURCHASE OF TRANSPORTABLE
R 90-249
3
ROBOT - ALLOCATE FUNDS FROM LAW
4/12/90
ENFORCEMENT TRUST FUND.
2.5
ACCEPT BID: VILLA CLARA STORE - FOR
R 90-250
3
FURNISHING T-SHIRTS TO FIRE DEPARTMENT.
4/12/90
2.6
ACCEPT BID: SAT/COM, INC. - FOR
R 90-251
4
FURNISHING AND INSTALLATION OF TURNKEY
4/12/90
TVRO STATION (SATELLITE RECEIVING
STATION) FOR FIRE DEPARTMENT.
2.7
ACCEPT BID: P & M RECREATION AND
R 90-252
4
SPORTING GOODS, INC. - FOR FURNISHING
4/12/90
MISCELLANEOUS PARK EQUIPMENT FOR EAST
BAY VISTA PARK.
2.8
ACCEPT BIDS: (a) OAKS WHOLESALE
R 90-253
4
DISTRIBUTORS AND (b) LAWMEN'S AND
4/12/90
SHOOTERS - FOR FURNISHING AMMUNITION
AND RANGE SUPPLIES TO POLICE
DEPARTMENT.
2.9
ACCEPT BID: INTREPID THREE COMPANY
R 90-254
5
(BASE BID "B") - FOR MODIFICATIONS TO
4/12/90
FIRE STATION NO. 1.
2.10
ACCEPT BID: WILLIA14S PAVING COMPANY,
R 90-255
5
114C. - FOR LOCAL, DRAINAGE PROJECT E-62.
4/12/90
2.11 ACCEPT BID: POOLE AND KENT COMPANY - R 90-256 5
FOR LAWRENCE STORM SEWER PUMP STATION - 4/12/90
MODIFICATIONS, PHASE I.
2.12 EXECUTE AGREEMENT WITH
SH,ARPTON,
R 90-257
BRUNSON AND CO., CERTIFIED PUBLIC
4/12/90
ACCOUNTANTS (CO -PARTICIPATION
WITH ALDO
LASTRA, JR.) - TO ANALYZE
FINANCIAL
VIABILITY OF PROPOSALS TO BE
SUBMITTED
IN RESPONSE TO REQUEST FOR
PROPOSALS
FOR VIRGINIA KEY BASIN
UNIFIED
DEVELOPMENT PROJECT.
2.13 ESTABLISH SPECIAL CHARGES,
TERMS AND
R 90-258
CONDITIONS FOR USE OF PORTION
OF ORANGE
4/12/90
BOWL STADIUM BY MIAMI '94 GROUP, INC.
(REPRESENTING MIAMI
FREEDOM
PROFESSIONAL SOCCER TEAM)
- FOR
PRESENTATION OF ANNUAL SEASON HOME
SOCCER GAMES ON SELECTED DATES.
2.14 AUTHORIZE ISSUANCE OF REVOCABLE PERMIT R 90-259
TO INSTITUTO DE CULTURA HISPANICA - FOR 4112190
USE OF A DESIGNATED AREA IN THE MANUEL
ARTIME COMMUNITY CENTER.
2.15 AUTHORIZE ISSUANCE OF REVOCABLE PERMIT R 90-260
TO LITTLE HAVANA DEVELOPMENT 4/12/90
AUTHORITY - FOR USE OF' A DESIGNATED
AREA IN THE MANUEL ARTIME COMMUNITY
CENTER.
2.16 AUTHORIZE ACCEPTANCE OF A RENTAL R 90-261
REHABILITATION PROGRAM GRANT BONUS FROM 4/12/90
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) - FOR AFFORDABLE
STANDARD HOUSING FOR LOWER INCOME
FAMILIES.
2.17 AUTHORIZE OFFER AND EXECUTION OF R 90-262
AGREEMENT FOR PURCHASE AND SALE WITH 4/12/90
GARY JOHNSON - FOR ACQUISITION OF ONE
PARCEL WITHIN WYNWOOD COMMUNITY
DEVELOPMENT TARGET AREA TO BE USED IN
CONNECTION WITH THE CITY'S SPONSORED
SCATTERED SITE AFFORDABLE HOUSING
DEVELOPMENT PROGRAM.
2.18 AUTHORIZE ISSUANCE OF REPLACEMENT R 90-263
FLORIDA GENERAL OBLIGATION BONDS 4/12/90
($5,000) - TO SUBSTITUTE LOST BONDS.
2.19 GRANT REQUEST BY THE CITY'S COMMITTEE R 90-•264
ON BEAUTIFICATION AND ENVIRONMENT FOR 4/12/90
DESIGNATED STREET CLOSURES CONCERNING A
CLEAN-UP, FIX -UP, PAINT -UP PARADE.
2.20 APPROVE USE OF DESIGNATED STREETS R 90--265
DURING PROCESSION CONDUCTED BY 4/12/90
RENOVACION CARISMATICA CATOLICA
HISPANA.
2.21 GRANT REQUEST BY THE GREATER MIAMI R 90-266
RU14NING ASSOCIATION FOR DESIGNATED 4/12/90
STREET CLOSURES CONCERNING THE
MANUFACTURERS HANOVER CORPORATE
CHALLENGE.
5-6
on
6
7
V]
7
0
1.1
•
ri
3. RATIFY CITY ATTORNEY'S EMPLOYMENT OF
R 90-267
DANIELS, MASON AND
KASHTAN, PA (LAW
4/12/90
OFFICES) - AS CONSULTANTS IN CONNECTION
WITH THE ChSE OF MC14EW MARINE
CONSTRUCTION, INC.,
VS. CITY OF MIAMI
VS. RONALD A FRAZIER
AND ASSOCIATES, ET
AL (BAYFRONT PARK).
4. ACCEPT BID: MOTOROLA
COMMUNICATIONS AND
R 90-268
ELECTRONICS, INC.
- FOR FURNISHING
4/12/90
MAINTENANCE SERVICES
TO MTX RADIOS FOR
G.S.A. DEPARTMENT.
5. (A) INSTRUCT CITY ATTORNEY TO COME BACK M 90-269
WITH A PROPOSED SET OF STANDARDS TO BE R 90-270
CONTAINED IN AN ORDINANCE BARRING 4/12/90
COMPANIES WHO FAIL TO PERFORM IN A
TIMELY MANNER FROM CONTRACTUAL
AGREEMENTS WITH THE CITY.
(B) RATIFY MANAGER'S ACTION STOPPING
PAYMENTS TO BUILD -ALL CONSTRUCTION
CORP., REGARDING EDISON DECORATIVE
SIDEWALK IMPROVEMENT PROJECT PHASE I -
RESCIND PREVIOUSLY AWARDED CONTRACT
(RESOLUTION 89-365).
6. REQUEST DADE COUNTY LEGISLATIVE R 90-271
DELEGATION'S FUNDING OF OLD FIRE HOUSE 4/12/90
#2 HISTORIC RESTORATION PROJECT -
DESIGNATE PROJECT AS CATEGORY "B" -
APPOINT CERTIFICATION COMMITTEE.
7. GRANT REQUEST BY MUSCULAR DYSTROPHY R 90-272
ASSOCIATION FOR DESIGNATED STREET 4/12/90
CLOSURES CONCERNING 12TH ANNUAL COCONUT
GROVE BED RACE AND PAJAMA 5K RUN -
ESTABLISH TEMPORARY PEDESTRIAN MALL.
8. CONDITIONALLY RECOGNIZE MIAMI R 90-273
ANNIVERSARY COMMITTEE, INC. AS 4/12./90
COORDINATING BODY OF EVENTS TO BE HELD
COMMEMORATING THE CENTENNIAL
ANNIVERSARY OF THE FOUNDING OF THE
CITY.
9. (A) APPROVE $25,000 TO PROMOTE 1990
R 90-274
GOLDEN GLOVES CHAMPIONSHIPS, AND
M 90-275
$15,000 FOR FEASIBILITY STUDY ON
M 90-276
PROPOSAI. TO BRING HOCKEY TO SOUTH
R 90-277
FLORIDA.
M 90-278
(B) DISCUSS PROPOSED EXPENDITURE ON
4/12/90
$25,000 FOR A LOBBYIST FOR THE MIAMI
SPORTS AND EXHIBITION AUTHORITY (See
label 9C).
(C) RECONSIDER PRIOR MOTION ASSIGNING
$25,000 FOR A LOBBYIST FOR THE MIAMI
SPORTS AND EXHIBITION AUTHORITY (See
label 9B).
(D) DESIGNATE CHRIS KORGE, ESQ. AS
LOBBYIST FOR THE MIAMI SPORTS A14D
EXHIBITION AUTHORITY - DESIGNATE AMOUNT
NOT TO EXCEED $13,000, PLUS $2,000 FOR
EXPENSES.
(E) REQUEST SPORTS AUTHORITY TO
ALLOCATE $13,000 FOR RENTAL OF CRANES
TO BE USED IN CONNECTION WITH THE
BUDWEISER UNLIMITED HYDROPLANE REGATTA
(See label 10C).
9-13
13-14
15-17
17-18
18-19
19-21
21-31
10. (A) SELECT THE 1990 BUD'WEISER UNLIMITED R 90-279
HYDROPLANE REGATTA AS THE CITY'S FIRST R 90-280
OF FOUR 1990 SPECIAL EVENTS TO BE HELD R 90-281
AT MARINE STADIUM - PROVIDE FOR ORDINANCE
EXISTING CONCESSIONAIRES' RELEASE OF 10721
ALL CONCESSION RIGHTS TO THE CITY 4/12/90
DURING THE EVENT - DIRECT MANAGER TO
SELECT THE THREE REMAINING EVENT
DATES - AUTHORIZE AGREEMENT WITH VOLUME
SERVICES, INC. FOR FOOD AND BEVERAGE
CONCESSIONS DURING THE EVENT -
ESTABLISH CONCESSION FEES, ETC.
(B) WAIVE FEES FOR POLICE, FIRE,
G.S.A. AND SOLID WASTE SERVICES FOR THE
20TH ANNUAL MIAMI BUDWEISER UNLIMITED
HYDROPLANE REGATTA.
(C) (Continued Discussion) EXECUTE
AGREEMENT WITH ANHEUSER-BUSCH, INC. FOR
SPONSORSHIP ASSISTANCE WITH THE 1990
BUDWEISER UNLIMITED HYDROPLANE REGATTA
EVENT - AUTHORIZE ISSUANCE OF
COMPLIMENTARY TICKETS, ETC. (See label
9(E)).
(D) EMERGENCY ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND: "1990 BUDWEISER
REGATTA" - APPROPRIATE NECESSARY FUNDS
($40,000 - AS GRANT FROM METROPOLITAN
DADE COUNTY TOURIST DEVELOPMENT TAX
REVENUES).
11. REPORT BY THE OVERTOWN INDEPENDENT DISCUSSION
REVIEW PANEL ON THE CITY'S PROGRESS 4/12/90
CONCERNING RECOMMENDATIONS ISSUED IN
CONNECTION WITH POLICE COMMUNITY
RELATIONS.
12. (A) DISCUSSION REGARDING NEGOTIATIONS DISCUSSION
FOR LONG TERM LEASE WITH NEW WASHINGTON 4/12/90
HEIGHTS COMMUNITY DEVELOPMENT
CONFERENCE REGARDING THE STATE
PLACE/MIAMI ARENA MIXED -USE PROJECT
(See label 34).
(B) COMMISSIONER DE YURRE REQUESTS
INFORMATION REGARDING PARKING METERS IN
ARENA AREA FROM REPRESENTATIVES OF OFF-
STREET PARKING.
13. EMERGENCY ORDINANCE: AUTHORIZE ORDINANCE
ISSUANCE OF $3,500,000 IN CITY OF MIAMI 10722
SUBORDINATED PARKING SYSTEM REFUNDING 4/12/90
REVENUE BONDS, SERIES 1990 - FOR THE
PURPOSE OF CURRENTLY REFUNDING THE
CITY'S SUBORDINATED PARKING SYSTEM
REVENUE. BONDS, SERIES 1988 AND SECOND
1988 SERIES, WITH PROVISOS.
14. DISCUSSION CONCERNING LENGTH OF TERMS DISCUSSION
OF OFFICE OF MEMBERS OF THE OFF-STREET 4/12/90
PARKING AUTHORITY (SEE LABEL 33)
15. BRIEF DISCUSSION CONCERNING THE MIAMI DISCUSSION
SPORTS AND EXHIDITION AUTHORITY IN 4/12/90
CONNECTION WITH RENTAL SAVINGS AND
BUDGET.
16. SECOND READING ORDINANCE: AMEND ORDINANCE
10642 - INCREASE APPROPRIATIONS FOR 1.0723
"RENOVATION OF MANUEL ARTIME COMMUNITY 4/.12/90
CENTER" (PROJECT 333083) ($20,600 FROM
A STATE GRANT).
32.-36
37-38
38-52
52-55
56
56-57
58
1.7_ FIRST READING ORDINANCE; AMEND 10642 - ORDINANCE 58-59
INCREASE APPROPRIATIONS TO "COCONUT FIRST READING
GROVE EXHIBITION CENTER - RENOVATION 4/12/90
AND EXPANSION" (PROJECT 415002)
($175,000 CONTRIBUTION FROM MIAMI
SPORTS AND EXHIBITION AUTHORITY).
18. FIRST READING ORDINANCE: AMEND CODE, ORDINANCE 59-60
CHAPTER 54 ("STREETS AND SIDEWALKS"), FIRST READING
SECTION 54-104 ("NONSTANDARD STREET 4/12/90
WIDTHS") TO MODIFY WIDTHS OF CERTAIN
STREETS.
19. FIRST READING ORDINANCE: AMEND 10642. - ORDI1ANCE 61
INCREASE APPROPRIATIONS FOR S.W. 6TH FIRST READING
STREET STORM SEWERS (PROJECT 352252) 4/12/90
(FROM 1984 STORM SEWER GENERAL
OBLIGATION BONDS).
20. FIRST READING ORDINANCE: AMEND 10642 - ORDINANCE 61-63
INCREASE APPROPRIATIONS FOR EXISTING FIRST READING
PROJECT: "MORNINGSIDE STREET 4/12/90
IMPROVEMENTS". (FROM 1984 STORM SEWER
GENERAL OBLIGATION BONDS).
21. AUTHORIZE AMENDMENT TO THE COMMERCIAI. R 90-282 63-66
FACADE TREATMENT AGREEMENTS WITH (a) 4/12/90
NEW WASHINGTON HEIGHTS DEVELOPMENT
CONFERENCE, INC., (b) ALLAPATTAH.
BUSINESS DEVELOPMENT AUTHORITY, INC.,
(c) SMALL BUSINESS OPPORTUNITY CENTER,
INC. AND (d) DOWNTOWN MIAMI BUSINESS
ASSOCIATION, INC. - FOR CONTINUATION OF
THE PROGRAM IN TARGET AREAS.
22. DESIGNATE AS A CATEGORY "B" PROJECT THE R 90-283 66-69
ACQUISITION OF PLANNING AND DESIGN 4/12/90
SERVICES, INCLUDING ENVIRONMENTAL
ASSESSMENT STUDIES AND PREPARATION OF
CONSTRUCTION DOCUMENTS FOR THE PROPOSED
AIR TRANSPORTATION SERVICE FACILITY AT
WATSON ISLAND - APPOINT A CERTIFICATION
COMMITTEE, ETC. (Note: Appointed was
Ana Gelabert, landscape architect).
23. AUTHORIZE CITY ATTORNEY TO NEGOTIATE R 90-284 70-78
AGREEMENT WITH CERTAIN LAW FIRMS TO 4/12/90
SERVE AS PRIMARY BOND COUNSEL FOR
FUTURE INDIVIDUAL CITY BOND ISSUES -
FOR THE NEXT TWO YEARS. (Note:
Selected were: (a) Fine Jacobson
Schwartz Nash Block & England, (b)
Barnes Darby & McGhee, (c) Greenberg
Traurig Hoffman Lipoff Rosen & Quentel,
and (d) Holland & Knight.)
24. DISCUSS AND DEFER PROPOSED AGREEMENT DISCUSSION 78-82
WITH "`YJYNWOOD SNID PARTNERSHIP" - FOR 4/12/90
PROFESSIONAL PLANNING SERVICES
CONCERNING TECHNICAL ASSISTANCE TASKS
REQUIRED UNDER FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS ( THE " SN I D
AGREEMENT").
25. RECOMMEND TO METROPOLITAN DADE BOARD OF R 90-285 83-87
COUNTY COMMISSIONERS PROPOSED NAME 4/12/90
CHANGES FOR SEVEN METROMOVE;R STATIONS -
RECOMMEND AGAINST POSSIBLE DELETION OF
PROPOSED RIVERWALK STATION.
0
E2
26. ALLOCATE FUNDS IN SUPPORT OF R 90-286
CONSTRUCTION OF MIAMARINA - FISHERMEN'S 4/12/90
PIER 5 - AUTHORIZE INCREASE IN CONTRACT
WITH EBSARY FOUNDATION, INC. (DAYFRONT
PARK).
27. APPROVE SALE OF WASTE PAPER TO AIL R 90-•287
FLORIDA WASTE PAPER, INC. - FOR RENEWAL 4/12/90
OF INTEROFFICE PAPER RECYCLING PROGRAM
BY SOLID WASTE DEPARTMENT.
28. REAPPOINT INDIVIDUAL TO BOARD OF R 90-288
TRUSTEES OF THE CITY OF MIAMI GENERAL 4/12/90
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST (Reappointed was
William J. "Jack" Rabun).
29. (A) EMERGENCY ORDINANCE: ESTABLISH ORDINANCE
CONDITIONS OF SERVICE AT BOARD MEETINGS 10724
BY ALTERNATE MEMBERS OF THE CODE R 90-289
ENFORCEMENT BOARD. 4/12/90
(B) APPOINT TWO INDIVIDUALS TO SERVE
AS ALTERNATE MEMBERS ON CODE
ENFORCEMENT BOARD (Appointed were:
Michael Zogby and Evonne Raglin).
87-88
88-39
89-90
90-92
30. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 92-95
SECTION 2-75(E)(4) - MODIFY THE 30-DAY FIRST READING
PERIOD PRESENTLY REQUIRED TO BRING A DISCUSSION
ZONING VIOLATION BEFORE CODE 4/12/90
ENFORCEMENT BOARD.
31. BRIEF COMMENTS BY COMMISSIONER
J.L. PLUMMER CONCERNING DISMANTLING OF
POLITICAL SIGNS.
32. APPOINT AN INDIVIDUAL TO SERVE AS M 90-290
MEMBER OF MIAMI WATERFRONT ADVISORY 4/12/90
BOARD (Appointed was: Bill Harrington)
(See label 36).
33. (Continued Discussion) CONFIRM R 90-291
APPOINTMENT OF MICHAEL KOSNITZKY TO 4/12/90
OFF-STREET PARKING BOARD (See label
14).
34. (Continued Discussion) COMMISSIONER DISCUSSION
PLUMMER DIRECTS CITY ATTORNEY TO GET 4/12/90
TOGETHER WITH JACKIE BELL, REPRESENTING
THE NEW WASHINGTON HEIGHTS COMMUNITY
DEVELOPMENT CONFERENCE ("STATE
PLAZA/MIAMI ARENA MIXED -USE" PROJECT) -
CONCERNING APPARENT DISAGREEMENTS AS TO
FUNDING. (See label 12A).
96-98
100-101
EA
35_ APPOINTMENT TO URBAN DEVEI.,OPMENT REVIEW M 90-292
130ARD: M 90-293
(A) Mayor Suarez nominates Robert E. M 90-294
Chisholm and Humberto Alonso. DISCUSSION
Commissioner Plummer nominates Wayne C. 4/12/90
Williams and Willie Bermello.
(B) Commissioner Dawkins nominates
Roquib Albari and Ed Wright.
(C) Brief comments concerning
Commissioner Alonso's intended
appointment of Kevin Marshall to the
Affirmative Action Board (See label
37).
(D) Commissioner. Alonso nominates Jose
Ferradaz and Jacek Schindler.
(E) Commissioner De Yurre defers both
his appointments.
36. (A) (Continued Discussion) RECONSIDER M 90-295
PREVIOUS VOTE ON APPOINTMENTS TO THE R 90-295.1
MIAMI WATERFRONT ADVISORY BOARD. 4/12/90
(B) APPOINT BOB LEWIS TO THE
WATERFRONT ADVISORY BOARD. (Mr. Lewis
was nominated by Commissioner Dawkins
at the suggestion of Commissioner
Plummer.) (See label 32).
37. (Continued Discussion) APPOINT R 90-296
INDIVIDUAL AS MEMBER OF AFFIRMATIVE 4/12/90
ACTION ADVISORY BOARD (Nominated was:
Kevin Marshall) (See label 35C).
38. DISCUSS AND DEFER PROPOSED RESOLUTION DISCUSSION
AUTHORIZING INCREASE IN CONTRACT WITH 4/12/90
SIGMA CONSTRUCTION AND ENGINEERING
CORP. - FOR DEMOLITION OF FORMER
INCINERATOR NO.1.
39. WAIVE PROHIBITION CONTAINED IN CITY R 90-297
CODE AS IT APPLIES TO SATURNINO E. 4/12/90
LUCID, II (PRESENTLY A MEMBER OF THE
INTERNATIONAL TRADE BOARD) - SEEK LEGAL
SERVICES CONCERNING THE 1990 U.S. -
JAPAN GATEWAYS PROCEEDINGS BEFORE U.S,
DEPARTMENT OF TRANSPORTATION.
40. ENGAGE SERVICES OF SATURNINO E. LUCIO, R 90-298
II AS SPECIAL COUNSEL IN MATTERS 4/12/90
RELATED TO THE 1990 U.S. - JAPAN
GATEWAYS PROCEEDINGS WITH THE U.S.
DEPARTMENT OF TRANSPORTATION.
41. (A) ALLOCATE $300,000 TO FLORIDA M 90-299
HOUSING C00PERATIVE, INC. TO R 90-300
REHABILITATE, PURCHASE AND OR CONSTRUCT 4/12/90
HOUSING TO ALLEVIATE PRESENT CITY
NEEDS, SUBJECT TO SATISFYING
ADMINISTRATION'S CONCERNS REGARDING
ONGOING AUDIT.
(B) AUTHORIZING CITY MANAGER'S
SUBMITTAL OF THE APPROVED GRANT PROGRAM
FI14AL STATEMENT TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD)
REQUEST114G $11,081,000 FOR THE CITY'S
COMMUNITY DEVELOPMENT PROGRAM (1990-
1991).
101-105
105-108
108
109-112
112-115
115-118
118-162
42.. (A) DISCUSSION CONCERNING DEVELOPMENT
iDISCUSSTON 163-172 �-
OF THE SPECIALTY CENTER IN THE LATIN
M 90-301.
QUARTER AREA.
4/12/90
(B) INSTRUCT ADMINISTRATION TO
NEGOTIATE AND PURCHASE NECESSARY LAND
FOR THE LATIN QUARTER SPECIALTY CENTER
_
IN AREA BETWEEN S.W. 7 AND S.W. 8
STREETS, AND S.W. 14 AND S.W. 15
AVENUES.
43. FIRST READING ORDINANCE: ESTABLISH NEW
ORDINANCE 172-173 -
SPECIAL REVENUE FUND: "COMMUNITY
FIRST READING —
DEVELOPMENT BLOCK GRANT (SIXTEENTH
4/12/90 _—
YEAR)" - APPROPRIATE $11,081,000 -
APPROPRIATE $1,200,000 FROM SIXTEENTH
_—
YEAR COMMUNITY BLOCK GRANT PROGRAM.
44. DISCUSSION WITH REPRESENTATIVES OF
DISCUSSION 174-178
METROPOLITAN DADE COUNTY TO ADDRESS THE
4/12/90
PROBLEM OF THE HOMELESS.
45. GRANT REQUEST BY COCONUT GROVE CHAMBER R 90-302
OF COMMERCE FOR DESIGNATED STREET 4/12/90
CLOSURES CONCERNING 14TH ANNUAL BANYAN
FESTIVAL OF THE ARTS - RESTRICT
PEDDLERS - PERMIT SALE OF BEER AND
WINE.
46. BRIEF DISCUSSION CONCERNING STEPS DISCUSSION
PRESENTLY UNDER WAY TO MAKE KAGOSHIMA 4/12/90
CITY IN JAPAN PART OF THE SISTER CITY
PROGRAM.
47. AUTHORIZE MANAGER TO REMOVE PENALTIES M 90-303
FROM RAY BASTEN REGARDING WASTE 4/12/90
COLLECTION FEES AT 2716 N.E. 2
AVENUE - ALLOW TIME FOR MR. BASTEN TO
PAY OUTSTANDING FEES.
48. PERSONAL APPEARANCE: BILL PERRY - TO DISCUSSION
DISCUSS PROGRESS OF EXTERNAL AUDIT OF 4/12/90
FIRE DEPARTMENT'S HEALTH TRUST FUND.
49. DISCUSSION CONCERNING SPEED RESTRICTION DISCUSSION
SIGNS IN FRONT OF ALLAPATTAH ELEMENTARY 4/12/90
SCHOOL - DIRECT POLICE OFFICERS TO
WRITE TICKETS.
50. DIRECT MANAGER TO DETERMINE AND REPORT M 90-304
ON THE COST OF INCREASING PRESENT 4/12/90
NUMBER OF SCHOOL CROSSING GUARDS -
FURTHER, TO TRY TO IDENTIFY MONIES IN
ORDER TO IMMEDIATELY ASSIGN SEVEN
ADDITIONAL GUARDS.
51. DIRECT MANAGER TO INFORM THE COMMISSION M 90-305.
AS TO ALL POSSIBLE RAMIFICATIONS (e.g. 4/12/90
LEGAL, FINANCIAL, OR ECONOMIC) WHICH
WOULD DERIVE FROM ENTERI14G INTO
PROFESSIONAL SERVICE CONTRACTS FOR THE
POSITIONS OF CITY MANAGER, CHIEF OF
POLICE AND CHIEF OF THE FIRE
DEPARTMENT.
52. GRANT REQUEST FROM FUNDACION GARDELIANA R 90-306
DEL PLATA FOR FEE RENTAL WAIVER FOR USE 4/12/90
OF MA14UEL ARTIME CENTER REGARDING
PERFORIIA14CES TO COMMEMORATE CARLOS
GARDEL (WITH PROVISO).
178-179
179-180
180-189
189-193
194
194-•201
202-230
230-232
53.
54.
55.
.INSTRUCT ADMINISTRATION TO GIVE HIGHEST
M 90-307
PRIORITY TO FUNDING REQUEST FROM ST,
4/12/90
JOHN'S - FROM ANTICIPATED MONIES FROM
PROPOSED SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT TAX INCREMENT BOND ISSUE.
DIRECT ADMINISTRATION TO IMPLEMENT PLAN
R 90-308
"B" - ONE WAY STREETS FOR AREA BOUNDED
4/12/90
BY S. DIXIE HIGHWAY, S.W. 25 STREET,
S.W. 22 AND 27 AVENUES.
(A) RESCHEDULE CITY COMMISSION MEETING
R 90-309
PRESENTLY SCHEDULED FOR APRIL 26TH TO
DISCUSSION
BEGIN AT 2:00 P.M.
4/12/90
(B) CONTINUE ALL ITEMS NOT TAKEN UP ON
THIS DATE TO APRIL 26TH - RECONSIDER
PRIOR VOTE AND RESCHEDULE APRIL 26TH
MEETING TO NOW BEGIN AT 11:00 A.M.
233-237
237-250
250-252
IML
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of April, 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 9:07 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
ALSO PRESENT:
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. Commissioner Alonso then
led those present in a pledge of allegiance to the flag.
1
2
PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS
Dr. Tom Smith, Director, Hispanic Bible Reading Association, presented a
Proclamation to Mayor Suarez declaring 1990 the International Year of
Bible Reading.
Certificate of Appreciation to Miami Police Officer J. L. Garcia for his
assistance in the emergency delivery of a baby.
NOTE FOR THE RECORD: On motion by Commissioner
Plummer and second by Commissioner De Yurre, the
minutes of the Planning and Zoning Commission Meeting
of January 25, 1990 were unanimously approved.
NOTE FOR THE RECORD: Commissioner Plummer clarifies
on the public record, a typographical error contained
in the minutes of the meeting of June 22, 1989
concerning the vote on the Dinner Key Boatyard.
1 April 12, 1990
Ali"°
A001-
2. CONSENT AGENDA
Mayor Suarez: Items CA-1 through CA-29 constitute the consent agenda. Unless
someone steps forward and asks for an item to be considered individually,
these will be voted on collectively. Does anyone need any of these items
considered individually? Sir? Which item?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Item 27 is off the consent agenda, to be voted on separately.
Commissioners.
Commissioner Plummer: Mr. Mayor, I only have one item for clarification, and
that's item 22.
Mayor Suarez: Clarify item 22, Commissioner Plummer. Commissioner De Yurre,
item two, did you say'?
Vice Mayor Dawkins: ....Dawkins 2, 9, 15, and 28.
Commissioner Plummer: Two, 9, 15, and 28?
Vice Mayor Dawkins: Yes.
Mayor Suarez: OK, I'll entertain a motion on items one through 29, with the
exceptions of...
Commissioner Plummer: So move.
Mayor Suarez: ...of two, 9, 15, 22, and 28, and 27 also.
Vice Mayor Dawkins: So move. Second.
=1
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
® roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR DAWKINS, THE CONSENT AGENDA,
WITH ABOVE EXCEPTIONS, WAS APPROVED 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.
2.1 CLAIM SETTLEMENT: ARTHUR ROBY ($86,300).
RESOLUTION NO. 90-246
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO ARTHUR ROBY, WI'1HOUT ADMISSION OF LIABILITY,
THE SUM OF' $86,300 IN FULL AND COMPLETE SETTLEMENT
OF ANY A14D ALL CLAII4S AND DEMANDS AGAINST THE CITY
OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING
THE SAID PARTY FROM ANY A14D ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2 April 12, 1990
L-3
2. 2
2.3
2.4
2.5
RESCIND MOTION 89-979 - ELIMINATE REQUIREMENT OF PRIOR COMMISSION
APPROVAL OF DOWNTOWN DEVELOPMENT AUTHORITY PRINTED MATERIAL.
RESOLUTION NO. 90-247
A RESOLUTION RESCINDING CITY COMMISSION MOTION NO.
89-979, ADOPTED OCTOBER 26, 1989, THEREBY
ELIMINATING REQUIREMENT OF PRIOR CITY COMMISSION
APPROVAI. OF DOWNTOWN DEVELOPMENT AUTHORITY PRINTED
MATERIALS.
(Here follows body of resolution, omitted here and
on file in the Office of. the City Clerk.)
DECLARE ONE SURPLUS VEHICLE AS CATEGORY "A" SURPLUS CITY STOCK -- DONATE
TO MIAMI CAPITAL DEVELOPMENT, INC. FOR SERVICE TO THE COMMUNITY.
RESOLUTION NO. 90-248
A RESOLUTION DECLARING ONE (1) SURPLUS VEHICLE AS
CATEGORY "A" SURPLUS STOCK AND DONATING THE SA14E TO
MIAMI CAPITAL DEVELOPMENT, INC., UPON THE EXECUTION
OF THE APPROPRIATE RELEASE DOCUMENTS, SAID VEHICLE
TO BE USED BY MIAMI CAPITAL DEVELOPMENT, INC., IN
ITS SERVICE TO THE COMMUNITY.
(Isere follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
APPROVE PURCHASE OF TRANSPORTABLE ROBOT -- ALLOCATE FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
RESOLUTION NO. 90-249
A RESOLUTION APPROVING THE PURCHASE OF A
TRANSPORTABLE ROBOT AND ALLOCATING FUNDS THEREFOR,
AT A COST NOT TO EXCEED $29,000, FROM THE LAW
ENFORCEMENT TRUST FUND, SUBJECT TO SUCH COSTS HAVING
BEEN APPROVED BY THE CHIEF OF POLICE AND SUBJECT TO
COMPLIANCE WITH APPLICABLE CITY CODE PROCUREMENT
PROCEDURES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
ACCEPT BID: VILLA CLARA STORE - FOR FURNISHING T-SHIRTS TO FIRE
DEPARTMENT.
RESOLUTION NO. 90-250
A RESOLUTION ACCEPTING THE BID OF VILLA CLARA STORE
FOR FURNISHING FIFTEEN-HU14DRED AND EIGHTY-FOUR
(1,584) UNIFORM TEE SHIRTS TO THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES IN AN AMOUNT
NOT TO EXCEED $6,382.80; ALLOCATING FUNDS THEREFOR
FROM 1989-90 OPERATING BUDGET, ACCOUNT CODE NO.
2.80601-075; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3
April 12, 1990
2.6
2.7
ACCEPT BID: SAT/COM, INC. - FOR FURNISHING AND INSTALLATION OF TURNKEY
TVRO STATION (SATEI.,LITE RECEIVING STATION) FOR FIRE DEPARTMENT.
RESOLUTION NO. 90-251
A RESOLUTION ACCEPTING THE BID OF SAT/COM, INC. FOR
THE FURNISHING AND INSTALLATION OF A TURNKEY TVRO
STATION (SATELLITE RECEIVING INSPECTION SERVICES, AT
A TOTAL COST NOT TO EXCEED $9,844.00; ALLOCATING
FUNDS THEREFOR FROM THE FIRE BOND PROJECT NO.
313228, ACCOUNT CODE NOS. 289401-670 ($3,000.00) AND
289401-840 ($6,644.00); 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.)
ACCEPT BID: P & M RECREATION AND SPORTING GOODS, INC. - FOR FURNISHING
MISCELLANEOUS PARK EQUIPMENT FOR EAST BAY VISTA PARK.
RESOLUTION NO. 90-252
A RESOLUTION ACCEPTING THE BID OF P & M RECREATION
AND SPORTING GOODS, INC. FOR FURNISHING
MISCELLANEOUS PARK EQUIPMENT FOR THE EAST BAY VISTA
PARK TO THE DEPARTMENT OF PARKS, RECREATION AND
PUBLIC FACILITIES IN AN AMOUNT NOT TO EXCEED
$11,475.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROJECT NO. 331303, ACCOUNT
CODES NO. 589301-840 ($3,590.00) AND 589301-717
($7,885.00); 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.)
ACCEPT BIDS: (a) OAKS WHOLESALE DISTRIBUTORS AND (b) LAWMEN'S AND
SHOOTERS - FOR FURNISHING AMMUNITION AND RANGE SUPPLIES TO POLICE
DEPARTMENT.
RESOLUTION NO. 90-253
A RESOLUTION ACCEPTING THE BID OF OAKS WHOLESALE
DISTRIBUTORS IN THE AMOUNT OF $38,119.00 AND
LAWMEN'S AND SHOOTERS IN THE AMOUNT OF $83,624.00
FOR THE FURNISHING OF AMMUNITION AND RANGE SUPPLIES
TO THE DEPARTMENT OF POLICE ON A CONTRACT BASIS FOR
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE YEAR PERIOD IN AN AMOUNT PROPOSED
FIRST YEAR COST NOT TO EXCEED $121,743.00;
ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING
BUDGET, ACCOUNT CODE NO. 290201-703; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES
AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (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.)
i
April 12, 1990
I
2.9 ACCEPT BID: INTREPID 'THREE. COMPANY (BASF BIT) "B") - FOR MODIFICATIONS TO
FIRE STATION NO. I.
RESOLUTION NO. 90-254
A RESOLUTION ACCEPTING THE BID OF INTREPID THREE
COMPANY, I14 THE PROPOSED AMOUNT OF $59,450.00, BASE
BID 'B' OF THE PROPOSAL, FOR MODIFICATIONS TO FIRE
STATION NO. l; WITH MONIES THEREFOR ALLOCATED FROM
THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642,
PROJECT NO. 313018, IN THE AMOUNT OF $59,450.00 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: WILLIAMS PAVING COMPANY, INC. - FOR LOCAL DRAINAGE PROJECT
E-62.
RESOLUTION NO. 90-255
A RESOLUTION ACCEPTING THE BID OF WILLIAMS PAVING
COMPANY, INC., IN THE PROPOSED AMOUNT OF
$234,350.00, BASE BID OF THE PROPOSAL, FOR LOCAL
DRAINAGE PROJECT E-62, WITH MONIES THEREFOR
ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENTS
ORDINANCE NO. 10642, PROJECT NO. 352267, IN THE
AMOUNT OF $234,350.00 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.)
2.11 ACCEPT BID: POOLE AND KENT COMPANY - FOR LAWRENCE STOR14 SEWER PUMP
STATION - MODIFICATIONS, PHASE I.
RESOLUTION NO. 90-256
A RESOLUTION ACCEPTING THE BID OF THE POOLE AND KENT
COMPANY, IN THE PROPOSED AMOUNT OF $155,200.00, BASE
BID OF THE PROPOSAL, FOR LAWRENCE STORM SEWER PUMP
STATION - MODIFICATIONS, PHASE I, WITH MONIES
THEREFOR ALLOCATED FROM THE 1990 CAPITAL
IMPROVEMENTS ORDINANCE NO. 10642, PROJECT NO.
352184, IN THE AMOUNT OF $155,200.00 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 EXECUTE AGREEMENT WITH SHARPTON, BRUNSON AND CO., CERTIFIED PUBLIC_
ACCOUNTANTS (CO -PARTICIPATION WITH ALDO LASTRA, JR.) - TO ANALYZE
FINANCIAL VIABILITY OF PROPOSALS TO BE SUBMITTED IN RESPONSE TO REQUEST
FOR PROPOSALS FOR VIRGINIA KEY BASIN UNIFIED DEVELOPMENT PROJECT.
RESOLUTION NO. 90-257
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
SHARPTON, BRUNSON AND CO., CERTIFIED PUBLIC
ACCOUNTANTS, WITH THE PARTICIPATION OF MINORITY -
OWNED ACCOIJ14TING FIRM OF ALDO LASTRA, JR., TO
ANALYZE THE FINANCIAL VIABILI`1'Y OF PROPOSALS TO BE
SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS
FOR THE VIRGINIA KEY BASIN UNIFIED DEVELOPMENT
5 April. 12, 1990
PROJECT; AUTHOR TZ.TNG COMPENSATTON FROM Ft'qNDS
AVATLABLF IN THE FY '90 DEPARTMENTAL BUDGET FOR THE
DEVELOPMENT DIVISION, DEPARTMENT OF DEVELOPMENT AND
HOUSING CONSERVATION, TO BE REIMBURSED TO THE CITY
BY THE SUCCESSFUL, PROPOSER UPON EXECUTION OF A
NEGOTIATED LEASE AGREEMENT, FOR SERVICES NOT TO
EXCEED AN AMOUNT OF $20,000 TO BE DETERMINED BY THE
NUMBER OF RESPONSIVE PROPOSALS SUBMITTED AND
ANALYZED, PLUS OUT--OF-POCKET EXPENSES NOT TO EXCEED
AN AMOUNT OF $2,000, FOR THE PERIOD COMMENCING UPON
EXECUTION OF AN AGREEMENT AND TERMINATING UP014
COMPLETION OF PROFESSIONAL SERVICES; FURTHER
PROVIDING 30% OF THE FEE BE PAID TO SAID MINORITY' -
OWNED SUBCONSULTING FIRM PARTICIPATING IN THE
ANALYSIS OF PROPOSALS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.13 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF PORTION OF
ORANGE BOWL STADIUM BY MIAMI '94 GROUP, INC. (REPRESENTING MIAMI FREEDOM
PROFESSIONAL SOCCER TEAM) - FOR PRESENTATION OF ANNUAL SEASON HOME
SOCCER GAMES ON SELECTED DATES.
RESOLUTION NO. 90-258
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF A
PORTION OF THE ORANGE BOWL, STADIUM BY MIAMI '94
GROUP, INC., REPRESENTING THE MIAMI FREEDOM
PROFESSIONAL SOCCER TEAM, FOR THE PRESENTATION OF
ANNUAL SEASON HOME SOCCER GAMES ON SELECTED DATES
DURING THE PERIOD APRIL 1, 1990 THROUGH SEPTEMBER
30, 1995; 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.)
2.14 AUTHORIZE ISSUANCE OF REVOCABLE PERMIT TO INSTITUTO DE CULTURA
HISPANICA - FOR USE OF A DESIGNATED AREA IN THE MANUEL ARTIME COMMUNITY
CENTER.
RESOLUTION NO. 90-259
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE. CITY
MANAGER TO ISSUE A REVOCABLE PERMIT TO INSTITUTO DE
CULTURA HISPANICA, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR THE USE OF 125 SQUARE FEET OF SPACE IN THE
MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900
SOUTHWEST FIRST STREET, MIAMI, FLORIDA, SAID
PERMITTEE SHALL PAY FOR THE USE OF THE AREA AT A
MONTHLY FEE OF $46.88 IN ACCORDANCE WITH THE TERMS
AND CONDITIONS CONTAINED IN THE ATTACHED REVOCABLE
PERMIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
G
April 12, 1990
2.15 AUTHORIZE ISSUANCE OF REVOCABLE PERMIT TO i,ITTLF, 14AVANA DEVELOPMENT
AUTHORITY - FOR. USE OF A DESIGNATED AREA IN THE MANUEL ARTi19E COMMUNITY
CENTER.
RESOLUTION NO. 90-260
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ISSUE A REVOCABLE PERMIT TO LITTLE HAVANA
DEVELOPMENT AUTHORITY, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR THE USE OF 1,569 SQUARE FEET OF SPACE IN
THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 970
SOUTHWEST FIRST STREET, MIAMI, FLORIDA, SAID
PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN
ANNUAL FEE OF $7,060.50 IN ACCORDANCE, WITH THE TERMS
AND CONDITIONS CONTAINED IN THE ATTACHED REVOCABLE
PERMIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.16 AUTHORIZE ACCEPTANCE OF A RENTAL REHABILITATION PROGRAM GRANT BONUS FROM
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - FOR AFFORDABLE
STANDARD HOUSING FOR LOWER INCOME FAMILIES.
RESOLUTION NO. 90-261
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
A RENTAL REHABILITATION PROGRAM GRANT BONUS
ALLOCATION FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) FOR $180,800 TO INCREASE THE
SUPPLY OF AFFORDABLE, STANDARD HOUSING FOR LOWER
INCOME FAMILIES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.17 AUTHORIZE OFFER AND EXECUTION OF AGREEMENT FOR PURCHASE AND SALE WITH
GARY JOHNSON - FOR ACQUISITION OF ONE PARCEL WITHIN WYNWOOD COMMUNITY
DEVELOPMENT TARGET AREA TO BE USED IN CONNECTION WITH THE CITY'S
SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVFLOPMENT PROGRAM.
RESOLUTION NO. 90-262
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER FOR AN AMOUNT NOT TO EXCEED
$9,900 AND TO EXECUTE AN AGREEMENT OF PURCHASE AND
SALE, IN SUBSTANTIALLY THE FORM ATTACHED, WITH GARY
JOHNSON, FOR THE ACQUISITION OF ONE PARCEL (MORE
PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED
EXHIBI:CS "A" AND "B") WITHIN THE WYNWOOD COMMUNITY
DEVELOPMENT TARGET AREA, RESPECTIVELY, TO BE USED IN
CONNECTION WITH THE CITY OF MIAMI SPONSORED
SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT
PROGRAM; ALLOCATING FUNDS FROM THE 11TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FOR ACQUISITION OF
THE SUBJECT PROPERTY; AND AUTHORIZING THE CITY
ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCEL
AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION
OF OPINION OF TITLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 April 12, 1990
2.18 AUTHORIZE; ISSUANCE OF REPLACEMENT FLORIDA GENERAL OBLIGATION BONDS
($5,000) - TO SUBSTITUTE LOST BONDS.
RESOLUTION NO. 90-263
A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN
CITY OF MIAMI, FLORIDA GENERAL OBLIGATION BONDS, DUE
APRIL 1, 2010, IN THE PRINCIPAL AMOUNT OF FIVE
THOUSAND DOLLARS ($5,000.00) TO SUBSTITUTES LOST
BONDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.19 GRANT REQUEST BY THE CITY'S COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT
FOR DESIGNATED STREET CLOSURES CONCERNING A CLEAN-UP, FIX -UP, PAINT -UP
PARADE.
RESOLUTION NO. 90-264
A RESOLUTION CONCERNING A CLEAN UP, FIX UP, PAINT UP
PARADE TO BE CONDUCTED BY THE CITY OF MIAMI
COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT ON
FRIDAY, MAY 11, 1990, AUTHORIZING THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC;
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.20 APPROVE USE OF DESIGNATED STREETS DURING PROCESSION CONDUCTED BY
RENOVACION CARISMATICA CATOLICA HISPANA.
RESOLUTION NO. 90-265
A RESOLUTION APPROVING THE USE OF CERTAIN STREETS
AND THOROUGHFARES DURING THE PROCESSION TO BE
CONDUCTED BY RENOVATION CARISMATICA CATOLICA HISPANA
ON MAY 19, 1990, SUBJECT TO THE ISSUANCE OF PERMITS
BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING THE POLICE
DEPARTMENT TO CONTROL TRAFFIC FLOW ON SAID STREETS;
FURTHER CONDITIONED UPON THE REQUIREMENT THAT THE
CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY
AND THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF
CITY SERVICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.21 GRANT REQUEST BY THE GREATER MIAMI RUNNING ASSOCIATION FOR DESIGNATED
STREET CLOSURES CONCERNING THE MANUFACTURERS HANOVER CORPORATE
CHALLENGE.
RESOLUTION NO. 90-266
A RESOLUTION CONCERNING THE MANUFACTURERS HANOVER
CORPORATE CHALLENGE TO BE CONDUCTED BY THE GREATER
MIAMI RUNNING ASSOCIATION ON MAY 3, 1990, PROVIDING
FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS
BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
I1SPECTION SERVICES; FURTHER 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.
8 April 12, 1990
E2
(Here follows body of resolttti.on, omitted here and
on file in the Office of the City Clerk.)
3. RATIFY CITY ATTORNEY'S EMPLOYMENT OF DANIELS, MASON AND KASHTAN, PA (LAW
OFFICES) - AS CONSULTANTS IN CONNECTION WITH THE CASE OF MCNEW MARINE
CONSTRUCTION, INC., VS. CITY OF MIAMI VS. RONALD A FRAZIER AND
ASSOCIATES, ET AL (BAYFRONT PARK).
--------------------------------------------------------------------------------
Mayor Suarez: Item two.
Vice Mayor Dawkins: Item two. This $47,000 is just to get us to court, is
that correct? And if we have to go to 'trial, it's another additional fee.
Mr. Jorge Fernandez: No, this is to get us through trial.
Vice Mayor Dawkins: Through trial.
Mr. Fernandez: Yes.
Vice Mayor Dawkins: So, there will be no additional charges to this beyond
$47,000. Is that a correct statement?
Mr. Fernandez: I don't know how to answer that question, Commissioner
Dawkins. I could tell you that this is certainly what we're aiming for, what
we have planned for, what we intend to pay, not a penny more than that.
However, I cannot predict to you the vagaries of the judicial system, the
complexities of multi -million dollar lawsuit, where it would take us, all the
different maneuvers of a set of six different attorneys going at it in a very,
very complex litigation. What I'm telling you is that this is the amount that
we have sat down with these counsels who are assisting us, with these
attorneys, and we have negotiated in good faith that this amount would bring
us through litigation because we anticipate going to trial relatively soon and
because we believe that nothing else would change, no new experts will be
added, no new evidence will be coming forth and that's the very best
representation that I can make you short of guaranteeing you absolutely
anything.
Vice Mayor Dawkins: Well, why would we put in here, "...With the fees for
such services not to exceed an additional $47,000," if we were not sure that
it would not exceed $47,000?
Mr. Fernandez: As sure as we can be of everything else except death and
taxes, Commissioner. This is the message...
Vice Mayor Dawkins: And one of us could drop dead now.
Mr. Fernandez: Yes, any one of us could.
Vice Mayor Dawkins: OK, go ahead, go ahead.
Commissioner Plummer: Conflict of interest. Conflict of interest.
Mayor Suarez: I guess we're thinking, this is a lot like death and taxes,
this issue here.
Mr. Fernandez: This is the message that I want to give, not only to you, but
also to the attorneys who are representing us, because in negotiations with
them, we told them what a difficult job it is for me to come to you as we're
exhibiting right now and try to get you all to approve these monies for me.
So I negotiated with them and I told them, this is what I'm going to put in
the resolution, "...in an amount not. to exceed...", to deliver to them the
very clear message that this is all the monies that we have.
Vice Mayor Dawkins: OK, you see, my only problem, Mr. City Attorney, is...
Mr. Fernandez: Yes, sir.
9 April 12, 1990
Vice Mayor Dawkins: ...and those of you in the audience would see it up here
constantly today, every now and then you come to me and tell me that I have to
pay this money because you already done the work after the fact. Now, you
tell me that this is $47,000. If these individuals determine that then in the
midst of this, and they decide that it's $30,000 more they need to complete
this case, the case will be completed, you will. be before me with an emergency
to pay after the fact...
Mr. Fernandez: No...
Vice Mayor Dawkins: ...because the work has already been done.
Mr. Fernandez: I assure you that that won't be the case here, in fact,
these...
Vice Mayor Dawkins: All right, then what will we do? -stop them in the middle
of the case and say, hell, we ain't going to pay you no more, now you're
finished? Don't complete the case?
Mr. Fernandez: No, no, I will come to you in a timely fashion. I always try
to come to you in a timely fashion and let you know. These $47,000 have not
been spent, they have not billed for them yet. They will bill in the future
in the next six months as we conclude this litigation. Now, if, during that
period of time, it becomes apparent to me that because of more difficulties or
complexity levels coming into this case, I will come to you with plenty time
and ask you for an additional whatever sum that may be. It is always within
your discretion to deny it to me and then we would have to make do some other
way.
Vice Mayor Dawkins: No further questions.
Mayor Suarez: No further questions. Commissioner Plummer.
Commissioner Plummer: Well, the question I've got, if you win the case,
aren't' attorney fees part of the settlement?
Mr. Fernandez: Definitely.
Mayor Suarez: Hopefully, we can recover them.
Commissioner Plummer: You better not lose.
Mayor Suarez: All right, I'll entertain, a motion on CA-2. Somebody want to
move CA-2?
Commissioner Plummer: If Dawkins is satisfied, I'll move it.
Mayor Suarez: Moved.
Commissioner Plummer.: He's not satisfied. I withdraw my motion, in the great
tradition of the Blues Brothers.
Vice Mayor Dawkins: Thank you, sir.
Commissioner Plummer: So, what do you want to do, Dawk?
Vice Mayor Dawkins:
The only thing I can say, J.L., is that, you know,
I get
tired of, you know,
going after the fact
and I asked the City Attorney if
this
is the cap. If the
City Attorney would
tell me, yes, it's the cap and
if he
doesn't know it's the
cap, said, no, Commissioner, what I'll do, I'll go
back
to these lawyers and
explain to them that
this is the cap and if you
can't
work within this cap, we have to find
other attorneys. And then, at
that
time, the attorneys
and the City Attorney
would have to make an agreement,
but
I cannot vote for
this with the City
Attorney telling me, upfront,
that
there's going to be
more money.
Mr.. Fernandez: No...
Mayor Suarez: Mr. City Attorney, before you answer that, and along the same
lines, there is a way to specify that this is absolutely the maximum amount
that any firm will make and if they don't want to agree to do it, they don't
have to agree to do it.
10 April 12, 1990
Vice Mayor Dawkins: That's all I'm saying, Mr. Mayor.
Mr. Fernandez: We have done so and that is the agreement that we have with
this firm. However...
Mayor Suarez: Exactly as such, no modifications, qualifications, or
variations of that. You'll get forty-seven, or whatever it is, maximum,
regardless of how complex the trial is, how many motions, interlocutory
appeals, etcetera, etcetera. That's all you get.
Mr. Fernandez: No, no, no, not on any appeals...
Commissioner Plummer: ...but I got a problem with that.
Mr. Fernandez: ...you know, Mr. Mayor, you, yourself, you're an attorney and
Conunissioner Dawkins, I'm sure that...
Mayor Suarez: That's why I say that, there are ways in which you can...
Commissioner Plummer: Is that right? Is he an attorney?
Commissioner Alonso: That's what they say.
Mr. Fernandez: And the best way possible that we have been able to do that,
we have done it. We have done it. Now, you must all understand that this
firm, as well as all other firms who are giving services to the City, are
doing it on a pro bone or on a modified pro bono basis. Any law...
Commissioner Plummer: Forty-seven thousand dollars is pro Bono?
Commissioner Alonso: Come on, now.
Commissioner Plummer: That's my kind of poverty.
Mr. Fernandez: Yes, well....
Mayor Suarez: It was a fairly simple question and it's turning into a very
complicated answer.
Commissioner Plummer: Well, Mr. Mayor, I got a problem with that in the fact,
you know, the little I know about lawsuits, thank God, if you set a maximum
and they don't, you know - win or lose, they're going to get their money and
if you set a maximum and they say, well, I would have done that research, but
they cut me down on the cost and that one research makes them lose the case.
Well, they still get their money. Now, you know, if I had the feeling that it
was going to be that they were going to do every damn thing they could for
that amount of money and no more, then I could live with that. But to say,
hey, I'm going to set you at $47,000 and they finally get into a case where
they got to spend more...
Mayor Suarez: They have an obligation to do everything in their power and
every firm in Miami has had the experience of having an absolute cap in a case
and taking huge losses because they agreed to a particular fee and that's all
we're asking. Is this the agreed upon, maximum tee regardless of the number
of procedures or amount of time that it takes?
Mr. Fernandez: Yes, amount of time and procedure through trial in the given
posture that the case is right now. If you have half an hour...
Mayor Suarez: In the what? Whoa, whoa, whoa, whoa, what do you mean, in the
given posture the case is right now? The case changes from day to day. I
mean, that's...
Mr. Fernandez: No, no, no. We have already entered the stage of pre-trial
where all the expert witnesses have been identified, where all the issues have
been flushed out...
Mayor Suarez: Is this the maximum they will be paid through trial regardless
of circumstances, changes, variations, etcetera?
11 April 12, 1990
Mr. Fernandez: You know, you put me in a position, Mr. Mayor, of having to
give you a simplistic answer in a field which is anything but simple and if a
simple answer is what you want, I'll give you a simple answer. The answer is
yes.
Commissioner Alonso: We gave them already $25,000, didn't we?
Mr. Fernandez: Yes. Yes, ma'am. But this is a multi -million dollar. lawsuit.
Again, I remind you and I caution you that this is one of the largest lawsuits
and the City is in a very good position to make substantial recovery in this
lawsuit. We may be hurting our own chances of bringing into the City
literally millions of dollars that we anticipate in recovery in this lawsuit.
Commissioner Alonso: It sounds tempting.
Mayor Suarez: OK, Commissioners, what is your pleasure?
Vice Mayor Dawkins: You know, I resent the City Attorney saying, implying, or
I interpret it as him implying, that by not giving him the money, I'm tying
his hands and he will not be able to function. Now, I get that from what he's
saying and I resent that. The other thing is, that. I want a list and I'm
going to send the City Attorney a memo in a few minutes requesting all of the
pro bono work that he's receiving from these law firms that he's just
mentioned, pro bono. Because everytime he comes before this Commission, we
pay money. I do not recall him corning before this Commission with any law
firm saying that this was donated at no cost to the firm and I need to know
those and I specifically need to know how many black firms did pro bono work
so that I can get them to understand that the reason they're not getting any
work could be because they're not doing no pro bono work. I don't know. But
that I need to be able to see.
Mr. Fernandez: Certainly, and just to clarify the record, I stated modified
pro bono.
Mayor Suarez: The old modified pro bono.
Vice Mayor Dawkins: You did not, you did not state...
Mr. Fernandez: Yes, I did.
Vice Mayor Dawkins: You are qualifying it now...
Mr. Fernandez: No, no. It's on the record. You can hear the tape,
Vice Mayor Dawkins: All right, read the minutes back. Read the minutes back,
what he said.
Commissioner De Yurre: Well, he said, first pro bono, then he clarified
himself by saying modified. So you're right and he's right and let's get on
with things here.
Vice Mayor Dawkins: OK, OK, all right...
Mayor Suarez: The old modified pro bono comes back in the picture. All
right, Commissioners, on item two.
Vice Mayor Dawkins: I second J.L.'s motion.
Commissioner Plummer: Well, thanks.
Mayor Suarez: Moved and seconded.
Commissioner Plummer: I proffer a modified motion.
Mayor Suarez: Modified pro bono motion. On item two, it's been moved and
seconded. Any discussion? If not, please call the roll,
12 April 12, 1990
The following resolution was introduced by Commissioner Flummer., who
moved its adoption:
RESOLUTION NO. 90-267
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY ATTOR.NEY'S EMPLOYMENT OF THE LAW OFFICES OF
DANIELS, MASON & KASHTAN, P.A., TO SERVE AS CONSULTANT
IN CONNECTION WITH THE CASE OF MCNEW MARINE
CONSTRUCTION, INC. VS. CITY OF MIAMI VS. RONALD A
FRAZIER & ASSOCIATES, ET AL., WITH THE FEE FOR SUCH
SERVICES NOT TO EXCEED AN ADDITIONAL $47,000.00; SAID
MONIES THEREFOR BEING ALLOCATED FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I guess yes.
4. ACCEPT BID: MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. - FOR
FURNISHING MAINTENANCE SERVICES TO MTX RADIOS FOR G.S.A. DEPARTMENT.
Mayor Suarez: Item nine.
Vice Mayor Dawkins: On item nine, Mr. Williams, this is for what, sir?
Mr. Ron Williams: This is for maintenance of 168 MTX, as we call them, or
smaller local government radios that we have in service in various
departments.
Vice Mayor Dawkins: Why are you extending it for two additional one year
periods?
Mr. Williams: We just propose that as an option. Most certainly if it's in
the best interests of the City and the vendor agrees to it, we will come back
to you and ask that it be extended. This saves us the expense of having to
rebid the item.
Vice Mayor Dawkins: OK, if the first year cost is not to exceed $13,900,
would the second and third year cost be locked into that or is it going to be
negotiable?
Mr. Williams: We most certainly would like for them to hold the price. The
vendor, obviously, has thatoption to hold that price or ask for an increase
and if we think, again, that's in the best interests of the City, we will come
back to you and ask for your approval.
Vice Mayor Dawkins: OK, now, Motorola - we are using Motorola products. Is
that correct.?
Mr. Williams: That's correct.
13 April 12, 1990
EJ
LA
Vice Mayor Dawkins: So they would be sort of like a sole source, so they got
a lock.
Mr. Williams: Well, they are most certainly the most experienced with this
product, but they do not have a lock. This is a bid item.
Commissioner Plummer: No.
Vice Mayor Dawkins: And they were the low bid.
Mr. Williams: That's correct.
Commissioner Plummer: But, just for the record, Commissioner, they don't have
a lock on service. It's their product, but many companies - not many - but
other companies do offer service contracts.
Vice Mayor Dawkins: OK. Move it.
Commissioner Plummer: Second. Call the roll.
Vice Mayor Dawkins: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Dawkins, lioho
moved its adoption:
RESOLUTION NO. 90-268
A RESOLUTION ACCEPTING THE BID OF MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC. FOR FURNISHING
MAINTENANCE SERVICES TO 168 MTX RADIOS TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A
CONTRACT BASIS FOR.. ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE YEAR PERIOD AT A
TOTAL FIRST YEAR COST NOT TO EXCEED $13,910.40;
ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING
BUDGET, ACCOUNT CODE NO. 420601-340; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO ADDITIONAL
ONE 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.)
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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
14 April 12, 1990
ra
M�J
5. (A) INSTRUCT CITY ATTORNEY TO COME BACK WITH A PROPOSED SET OF
STANDARDS TO BE CONTAINED IN AN ORDINANCE BARRING COMPANIES WHO
FAIL TO PERFORM IN A TIMELY MANNER FROM CONTRACTUAL AGREEMENTS
WITH THE CITY.
(B) RATIFY MANAGER'S ACTION STOPPING PAYMENTS TO BUILD -ALL
CONSTRUCTION CORP., REGARDING EDISON DECORATIVE SIDEWALK
IMPROVEMENT PROJECT PHASE I - RESCIND PREVIOUSLY AWARDED CONTRACT
(RESOLUTION 89-365).
Mayor Suarez: Next item, Vice Mayor.
Commissioner Plummer: Fifteen.
Vice Mayor Dawkins: Item fifteen. Mr. Manager...
Mr. Odio: Yes.
Vice Mayor Dawkins: ...on the first page, under recommendations, it says that
you will bar Build All Construction Company from future bidding of the City of
Miami for a period of no less than three years. Why can't you ban them
permanently?
Mr. Odio: It's up to you, Commissioners...
Vice Mayor Dawkins: No, it's not, no, no, no. It's not up to me now. No,
no, no. I didn't... this is not my recommendation.
Mr. Odio: No, well, I... you know, you ban a company forever, it's kind of
a...
Commissioner Plummer: Long time...
Mr. Odio: It's a... what if...
Vice Mayor Dawkins: If the guy - I mean, you see, if he didn't perform and
some kind of a way, we've got to send a message to the community that just
because we're the City of Miami, you know, you can't bid on our jobs and don't
perform and then come back two years from today and do the same thing again
and then you only got to wait two more years to do the same thing.
Commissioner Plummer: How about wording that would say that they are barred
from City contracts until notified?
Mr. Jorge Fernandez: Mr. Vice Mayor, while that that you're raising right now
is found in the memo, the resolution itself does not contain any reference to
that barring that we're talking about. My recommendation to you would be not
to do so until we have, by ordinance, put into the code a procedure and a
standard that's to be followed in all cases alike. There is nothing in the
code right now that we can look to that would afford us the opportunity to bar
anybody. So, if we bar this individual alone, without having a standard that
we're judging him against, we may be putting ourself in peril. My
recommendation to you is for you to instruct me to come back to you with
standards, so that you can pass an ordinance establishing clearly those
standards and once those standards are in the book, then apply it to everybody
who is in a similar situation to this,
Vice Mayor Dawkins: OK, well, I so instruct you.
Commissioner Plummer: How did the City get along for. 94 years without it?
Vice Mayor Dawkins: Say what, J.?
Mr. Odio: Well, can we start by barring these people from work for three
years, right now?
Mr. Fernandez: No, no, no. That's exactly the point that I'm trying to make.
Before we bar anybody, we have to have clearly enunciated standards against
which we can do it.
15 April 12, 1990
Mayor Suarez: All right, the Vice Mayor would like to see thpt into a set of
norms to be built into an ordinance. Why don't you prepare that, tor. City
Attorney? Do you want to make that in the form of a motion?
Vice Mayor Dawkins: So move.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. The simple ones. Please, don't make anything too
complicated. Call the roil on that motion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-269
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT A
PROPOSED ORDINANCE FOR PURPOSES OF BARRING OUTSIDE
COMPANIES WHO HAVE FAILED IN THE PAST TO PERFORM IN A
TIMELY MANNER FROM ENGAGING IN CONTRACTUAL AGREE14ENTS
WITH THE CITY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Conmissi.oner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Dawkins: Did Build All Construction have a performance bond?
Mr. Fernandez. No.
Mr. Luis Prieto: They did not
Vice Mayor Dawkins: Why not?
They were a minority and...
Mr. Prieto: Typically, on our set asides, sir, we do not require that.
Mayor Suarez: Up to a certain amount.
Mr. Prieto: Yes, up to a certain - this was a relatively...
Mayor Suarez: Up to two hundred thousand?
Mr. Prieto: Yes, it depends on the contract. And this was not determined to
be a risk.
Mayor Suarez: I thought we had a policy that specified up to what amount it
could be non bondable, Doctor.
Mr. Prieto: Yes. We don't have exact amounts. It depends on the contract.
Vice Mayor Dawkins: OK. Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: Since to bar them is illegal, then shouldn't this be
deferred until we get the ordinance in place or go ahead and...
Mr. Fernandez: Because item 15 can pass independent, of that. Item 15 is
taking away from them the contract., but it's riot: barring them for future. So
item 15 can individually pass and, in fact...
Mayor Suarez: They don't get the particular contract.
16 April 12, 1990
lork ,-
Vice Mayor Dawkins: All right, I move item 15.
Mayor Suarez: So moved.
Vice Mayor Dawkins: And delete the last two lines which say, "...bar Build
All Construction."
Mayor Suarez: OK, with that modification, item 15 is moved. Is that proper
now, Mr. City Attorney, I gather?
Mr. Fernandez: Yes, it is.
Mayor Suarez: OK, please somebody second.
Commissioner Alonso: Yes, I second.
Mayor Suarez: Second, Commissioner Alonso. Any discussion? If not, please
call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-270
A RESOLUTION RATIFYING AND CONFIRMING THE ACTIONS OF
THE CITY MANAGER WHICH STOPPED PAYMENTS TO THE FIRM OF
BUILD -ALL CONSTRUCTION, CORP., FOR EDISON DECORATIVE
SIDEWALK IMPROVEMENT PROJECT PHASE I; RESCINDING THE
CONTRACT AWARDED TO SAID FIRM BY RESOLUTION NO. 89-365
IN CONNECTION WITH SAID PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
6. REQUEST DADE COUNTY LEGISLATIVE DELEGATION'S FUNDING OF OLD FIRF. HOUSE
#2 HISTORIC RESTORATION PROJECT - DESIGNATE PROJECT AS CATEGORY "B" -
APPOI14T CERTIFICATION COMMITTEE.
Mayor Suarez: J.L., you didn't want to have clarification on 22?
Commissioner Plummer: Oh, Mr. Mayor, the only clarification. I think that
under the circumstances, to say that this is our high priority, I would much
prefer the wording of the thing to read that we will instruct our lobbyist in
Tallahassee to pursue the matter, but I would be hard pressed to say that this
is one of our high priorities.
Mayor Suarez: Yes, that implies that we have prioritized it as regards to
other projects which should be tough.
Commissioner Plummer: You know, I would hate to see this come before crime
money and housing money and others and I just think that we ought to say, in
the resolution that we will instruct our lobbyist to pursue and try to do
whatever they can, but I can't agree with the word "high."
17 April 12, 1990
t-tayor Suarez,: So moved with that, modification.
Commissioner Plummer: Yes, sir.
Mayor Suarez: I take that to be a motion and Commissioner Alonso seconds it.
Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-271
A RESOLUTION TO THE DADE COUNTY LEGISLATIVE DELEGATION
REQUEST114G ITS SUPPORT OF THE STATE LEGISLATURE'S
FUNDING OF OLD FIRE HOUSE #2 HISTORIC RESTORATION
PROJECT, DEPARTMENT OF STATE, DIVISION OF HISTORICAL
RESOURCES, PROGRAM COMPONENT NUMBER 0702.00.00.03;
DESIGNATING PLANNING AND DESIGN SERVICE FOR
RESTORATION OF OLD FIRE HOUSE #2 AS A CATEGORY "B"
PROJECT, APPOINTING A CERTIFICATION COMMITTEE OF' THREE
(3) MEMBERS AND APPOINTING CHIEF W. WATERS, CHIEF OF
MANAGEMENT SERVICES AS CHAIRMAN OF THE COMPETITIVE
SELECTION COMMITTEE, IN ACCORDANCE WITH CITY CODE
SECTION 18-52.3, WHICH ESTABLISHES PROCEDURES FOR
CONTRACTING SAID PROFESSIONAL SERVICES AND ALSO
ESTABLISHES COMPETITIVE NEGOTIATION REQUIREMENTS WITH
REGARD TO THE FURNISHING TO SUCH SERVICE; AUTHORIZING
THE CITY MANAGER TO ADVERTISE FOR PROFESSIONAL
SERVICES AS PART OF A "DESIGN -BUILT" REQUEST FOR
PROPOSAL (RFP) WITH FUNDING PROVIDED FROM THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
MIAMI FIRE MUSEUM CAPITAL IMPROVEMENT PROJECT (NO.
313231).
(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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
7. GRANT REQUEST BY MUSCULAR DYSTROPHY ASSOCIATION FOR DESIGNATED STREET
CLOSURES CONCERNING 12TH ANNUAL COCONUT GROVE BED RACE AND PAJAMA 5K
RUN - ESTABLISH TEMPORARY PEDESTRIAN MALL.
Mayor Suarez: Sir, CA-27.
Mr. Greg Burkheimer: Good morning, I'm Greg Burkheimer of the Muscular
Dystrophy Association for Dade and Monroe Counties. And what I'm asking for
is that for the 12th anniversary of the Coconut Grove Bed Race, in addition to
the street closures and the establishing area prohibited to retail peddlers,
that the fees that I have distributed to the Commissioners and the Mayor and
Vice Mayor, be waived in conjunction with the Coconut Grove Bed Race.
Mayor Suarez: We don't very much waive fees that where we're out of pocket if
we don't charge them, so I don't know. You may be barking up the wrong tree
here. The rest of the item is quite acceptable and it. was ready to be part of
our consent agenda approval. You may...
18 April 12, 1990
Cnmmi.ssicner Pl��mrrer: T'll mnve iiem 2.7 as presented.
Mayor Suarez: So moved, as presented.
Commissioner De Yurre: Second.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? I£ not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-272
A RESOLUTION CONCERNING THE 12TM ANNUAL. COCONUT GROVE
BED RACE AND PAJAMA 5K RUN, TO BE HELD MAY 20, 1990
SPONSORED BY THE MUSCULAR DYSTROPHY ASSOCIATION;
ESTABLISHING A TEMPORARY PEDESTRIAN MALL AND
AUTHORIZING THE CLOSURE OF CERTAIN STREETS TO THROUGH
VEHICULAR TRAFFIC, SUBJECT TO THE ISSUANCE OF PERMITS
BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; FURTHER ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE
EVENTS; CONDITIONED UPON THE REQUIREMENT THAT THE CITY
WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND
UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS 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 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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: City policy is if you're going to do a charity and you expect
us to contribute to it, we may as well. be the ones that make the contribution
to the charity. So, you just have to go ahead and use your own finances for
it. If not, don't do it, I guess. But, we're pleased that you're doing it,
hopefully.
8. CONDITIONALLY RECOGNIZE MIAMI ANNIVERSARY COMMITTEE, INC. AS
COORDINATING BODY OF EVENTS TO BE HELD COMMEMORATING THE CENTENNIAL
ANNIVERSARY OF THE FOUNDING OF THE CITY.
-------------------------- ----------------------------------------------------
Mayor Suarez: That completes the consent agenda. I believe, no?
Vice Mayor Dawkins: No, I got 28.
Commissioner Plummer: I'm sorry, Mr. Mayor, I would like also to discuss 29.
Mayor Suarez: Clarification also on 29. OK, on 28.
Vice Mayor Dawkins: I got to find 28.
Mayor. Suarez: Miami anniversary committee.
Commissioner Plummer: What is 28?
19 April 12, 1990
Mayor Suarez: This was the same discussion that *as previously hpld on the
same group that previously offered to be officially recognized with non
exclusivity.
Mr. Frank Castaneda: That's correct.
Commissioner Plummer: Why is it back before us?
Mr. Frank Castaneda: Because there was a discussion between this group and
the world's fair committee. They said there was a conflict. We met. There
is no conflict and we're bringing it back.
Commissioner Plummer: For what reason?
Mayor Suarez: You need it in the form of a resolution or...
Mr. Odio: Formalize it, Commissioner.
Commissioner Plummer: So move.
Mayor Suarez: Wait. Miller has a question.
Commissioner Plummer: Oh, I'm sorry.
Mayor Suarez: Clarification.
Vice Mayor Dawkins: Yes, I got 28, yes. Yes, 28.
Mr. Castaneda: Yes, Commissioner.
Vice Mayor Dawkins: It says here that Mr. C.J. Ortiff of the Miarni World Fair
withdrew his objection to the City Commission recognition of the Miami
Anniversary Committee. What rights did he have to object and why would he
have a right to withdraw his objection to something I'm going to do?
Mr. Castaneda: Well, Commissioners, when this item was originally discussed,
C. J. Ortiz objected from the World's Fair. The Commission instructed us to
sit down, try to work this out. We did and we're telling you there's no
objection from their part.
Vice Mayor Dawkins: And each one is going to do what he's going to do
independent of the other. _
Mr. Castaneda: They're going to work together. If the World's Fair ever
comes alive, which is another issue,.
Vice Mayor Dawkins: OK, move it.
Mayor Suarez: Moved and, Frank, we wouldn't want to give anybody the
impression that by somebody withdrawing an objection that they don't
particularly have any authority to make, that somehow clears the way for this
and I think that's what the Vice Mayor is worried about. All right, moved.
Commissioner De Yurre: Second. R-
Commissioner Plummer: I'll second, Mr. Mayor...
Mayor Suarez: Second.
--- Commissioner Plummer: ...with a proviso. The City Attorney is concerned that _
some of these matters that are spelled out, for example, the organizer shall _
produce successful annual events, getting, I guess, legalese, what is defined
as a "successful event"? I would want this matter to go back to the City -_
Attorney, even thought it's passing, for clarification. So, I just put that. �_
in the record.
Mayor Suarez: Tighten up the wording.
Commissioner Pluffmier: Yes, sir.
20 April 12, 1990
IF"
Mayor Suarez: Moved and seconded. Any discussion? Tf not., please call the
ro1.1..
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-273
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONDITIONALLY RECOGNIZING THE MIAMI ANNIVERSARY
COMMITTEE, INC. AS THE COORDINATING BODY OF THE SERIES
OF SPECIAL EVENTS, FESTIVALS, CULTURAL AND HISTORICAL
ACTIVITIES TO BE HELD IN THE GREATER MIAMI AREA TO
COMMEMORATE THE CENTENNIAL ANNIVERSARY OF THE FOUNDING
OF THE CITY OF MIAMI IN 1995.
(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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
9. (A) APPROVE $25,000 TO PROMOTE 1990 GOLDEN GLOVES CHAMPIONSHIPS, AND
$15,000 FOR FEASIBILITY STUDY ON PROPOSAL TO BRING HOCKEY TO SOUTH
FLORIDA.
(B) DISCUSS PROPOSED EXPENDITURE ON $25,000 FOR A LOBBYIST FOR THE
MIAMI SPORTS AND EXHIBITION AUTHORITY (See label 9C).
(C) RECONSIDER PRIOR MOTION ASSIGNING $25,000 FOR A LOBBYIST FOR THE
MIAMI SPORTS AND EXHIBITION AUTHORITY (See label 9B).
(D) DESIGNATE CHRIS KORGE, ESQ. AS LOBBYIST FOR THE MIAMI SPORTS AND
EXHIBITION AUTHORITY - DESIGNATE AMOUNT NOT TO EXCEED $13,000,
PLUS $2,000 FOR EXPENSES.
(E) REQUEST SPORTS AUTHORITY TO ALLOCATE $13,000 FOR RENTAL OF CRANES
TO BE USED IN CONNECTION WITH THE BUDWEISER UNLIMITED HYDROPLANE
REGATTA (See label 10C).
Commissioner. Plummer: Mr. Mayor, on 29...
Mayor Suarez: Yes, item CA 29.
Commissioner Plummer: ...I have no problem with the money going to the Golden
Gloves, but I got a problem when they sneak in here, retain a lobbyist and I
don't know how much the lobbyist is going to cost, I don't know what the
lobbyist is going to do for the Sports Authority and I'd ask, if it's
possible, somebody to explain to me, why, first and foremost, that the Sports
Authority has the need of a lobbyist. Second of all, if that's justified, how
much it's going to cost...
Mr. Odio: Commissioner, the memo says, $25,000 for the Golden Gloves and
$25,000 for the lobbyist.
Ce::lmissioner Plummer: OK, what is the lobbyist going to do?
Mr. Odi.o: There's a - I'm going to tell you, and Commissioner De Yurre can do
better, I'm sure, but there are funding matters pending in Tallahassee...
Commissioner Plummer: For the Sports Authority?
21 Aprij 12, 1990
Mr. Odio: For the Sports Authority that you could lose very well $400,000 if
you don't have somebody watching over those monies.
Mayor Suarez: But the City's lobbyist in Tallahassee also happens to be the
attorney for the Sports Authority.
Mr. Odio: Right.
Mayor Suarez: Couldn't that nice individual do this without having to charge
additional funds?
Mr. Odio: Sure, this is a request from the Sports Authority Board, so...
Commissioner De Yurre: The last few years that they've had, the Sports
Authority has had lobbyist, it's been basically the same amount of money and
it hasn't been Holland and Knight. Lourdes, you're acting director...
Commissioner Plummer: Question. Have they chosen who that lobbyist will be?
Ms. Lourdes Reyes: We originally had chosen Katz Kutter, however we found
out...
Commissioner Plummer: Who?
Ms. Reyes: Katz Kutter. However, we found recently...
Mayor Suarez: Cat Scudder...
Commissioner De Yurre: Katz Kutter. Katz Kutter.
Ms. Reyes: ...that they were representing the County and we...
Commissioner Plummer: Is he a lawyer?
Commissioner De Yurre: It's a firm.
Mayor Suarez: Is that a firm or what is that?
Ms. Reyes: It's a lobbying firm.
Mayor Suarez: It's a lobbying firm. I never heard of them.
Commissioner De Yurre: Well, they've been doing it - last year, they were the
lobbyist for the Sports Authority and I believe the year before that.
Ms. Reyes: Katz, Kutter, Haigler. They're one of the biggest lobbying firms.
Commissioner Plummer: Well, let me ask this. If they served last year, was
it for the same amount?
Ms. Reyes: Yes.
Commissioner Plummer: And what did they bring... what bacon did they bring
home from Tallahassee last year?
Ms. Reyes: Last year, we expanded the base for the number of hotels that paid
convention development taxes, which increased our operating income for about
$400,000 a year.
Mayor Suarez: Expanded the base for what?
Ms. Reyes: The base of the number of hotels...
Commissioner Plummer: Source of revenue.
Ms. Reyes: ...that paid convention development taxes.
Commissioner De Yurre: Now, it's my understanding that Broward County is
making a move to kind of rescind that effort....
Ms. Reyes: To rescind what we did last year.
22 April 12, 1990
Commissioner De Yurre; ...so we ,jcg11(1 lose what �raa g,�ined lafit. year ar:d f,hat
is why it's important that we have lobbyists pushing for ol.11- interests up in
Tallahassee.
Commissioner Plummer: OK, I guess my bottom question, what would he be
pushing for this year?
Ms. Reyes: This year, we have several things on the table. We have the
Broward movement to try to rescind again the exemption of the tax. We have a
bill that we're putting through to add a penny to the bed tax to fund the
baseball stadium. There's also several other things, such as facilities,
Sports Facility public records and several other issues that make come up
during this session.
Commissioner Plummer: All right, and you don't feel that the present lobbying
firm that we have, the City, can...
Ms. Reyes: Well, Commissioner, we are using the City's lobbying firm at the
moment because we felt that there might be a conflict of interest with Katz
Kutter since they are now representing Dade County.
Commissioner De Yurre: Now, the thing is, J. L., that Holland and Knight does
not... you know, the Sports Authority is the Sports Authority and if they were
to represent us, they'd have to be paid for that effort because the issues are
not the same.
Commissioner- Plummer: OK. ,rust asking for clarification.
Mayor Suarez: If you're willing, Commissioner De Yurre, to split the two
items, I'll vote for the $25,000 needed for the Golden Gloves, but I will not
vote for the lobbyist, I'm sorry.
Commissioner De Yurre: OK, well, there's another issue also that while we're
at it, the funding is available, but we needed to bring before the Commission
and I'm bringing it now, a study to do a marketing study for hockey in South
Florida. And that's pretty much the same study that was done a couple of
years ago for baseball and we need to do one now for hockey in order to have a
base in order to promote hockey here in South Florida. And the maximum cost
would be $15,000. We have extra money coming in from the seat...
Ms. Reyes: Use revenues from the Miami Arena.
Commnissioner De Yurre: From the Miami Arena, additional revenues that weren't
expected so we've been able to identify the money from that money that's
coming in.
Mayor Suarez: I have no problem with that promotional effort.
Commissioner De Yurre: So you want to break it up? I'll move - J.L., you got
any problem with that? If not...
Commissioner Plummer: No, I really don't have any problem with that. I just
wanted, for clarification, what the lobbyist was going to do and how much he
was going to get.
Commissioner De Yurre: OK, I'll move the $25,000 to promote the Golden Gloves
and the $15,000 for the hockey study.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion on those two items? If
not, please call the roll.
23 April 12, 1990
The f011OWinR resoUition Tsar int.
moved its adoption:
RESOLUTION
A RESOLUTION APPROVING THE EXPENDITURE BY THE MIAMI
SPORTS AND EXHIBITION AUTHORITY OF $25,000 TO PRO14OTE
THE 1990 NATIONAL GOLDEN GLOVES CHAMPIONSHIPS AND
$15,000 TO CONDUCT A MARKET STUDY TO DETERMINE THE
VIABILITY OF BRINGING PROFESSIONAL HOCKEY TO THE CITY
OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner De Yurre: And I'll move now, the $25,000 for a lobbyist for the
Sports and Exhibition Authority.
Mayor Suarez: So moved. Do we have a second on that? Do we have...
Commissioner Plummer: What was the next?
Mayor Suarez: ...on the $25,000 for the lobbyist.
Commissioner De Yurre: On the lobbyist.
Commissioner Plummer: Well, Mr. Mayor, I like the idea of the leverage even
though the reason I raised the question was for clarification. If the
potential is there of twelve to one, I think we ought to go for it. So I will
second the motion. I would just hope, in the future, Lourdes, that the Sports
Authority would try to consider to use the City lobbyist and make it in one
total package because when those guys in Tallahassee look at your counsel and
then they look at our counsel, and they start wondering, what the hell is
going on, you know. And I just think if we go united in one big effort, we
would be better off.
Commissioner De Yurre: Well, as it is, we're probably going to end up with
Holland and Knight doing the work for us because the session has already
started and, you know, this firm kind of pulled out at the last minute.
Commissioner Plummer: Yes, God help... God help us all.
Vice Mayor Dawkins: Mr. Chris Korge. Pardon me, J.L. Will you explain to
this Commission what you explained to me as you felt the necessity of us
having the lobbyist for the Sports Authority?
Mayor Suarez: You have a certain sense of timing, Mr. Korge. Go ahead, sir.
Commissioner Plummer: Yes, it's like a bad penny.
Chris Korge, Esq.: I may bum a cigarette off you. Essentially, there are
various items that of interest to the Sports Authority and to the City that
are coming up at the next legislative session. The one that is most pressing
is an item which would affect the exemptions for people who are subject to the
convention development tax.
Mayor Suarez: Is this the Broward effort to...
Mr. Korge: Yes, it is.
24
April 12, 1990
Mayor Suarez: ...kind of: undo oa_ir exemption. Lourdes made mention of. that..
Mr. Kor.ge: And, essentially, that particular item could have as much as a
$400,000 affect on the amount of revenues which the City is entitled to under
the convention development tax.
Vice Mayor Dawkins: Thank you.
Commissioner Plummer: Mr. Mayor, could I...
Mayor Suarez: As long as you've got him there, is that....
Commissioner Plummer: Yes, I've got to bring up a subject that I think you
all are much aware and I would ask that if I could include on that motion,
last year the Sports Authority gave us the money for the cranes for the
Budweiser race and I would like to get that approved today and then they can
take it back their board if it's agreeable with their board. The cost factor
is thirteen, so I'd like to include that, if I may, on that...
Mayor Suarez: Thirteen dollars?
Commissioner Plummer: More or less. So, if I could have, make an amendment
to put that on there, I would appreciate it.
Mayor Suarez: So moved. Did some of that get recovered from the proceeds of
the race?
Commissioner Plummer: Mr. Mayor, we turned back - it basically is all seed
money. We turned back to the City...
Vice Mayor Dawkins: But this the Budweiser Regatta?
Commissioner Plummer: Yes. We turned back...
Vice Mayor Dawkins: No, we're not voting nothing else for that.
Commissioner Plummer: You got a hell of a lot to vote on.
Ms. Reyes: Commissioner.,.
Commissioner Plummer: We turned back to the City $18,000 last year.
Mayor Suarez: And, in this particular case, would that item go back to the
Authority or does it just go back in the City coffers?
Commissioner Plurmner: Well, last year, I can tell you it went back to City
coffers.
Mayor Suarez: It sounds like a good way to get $13,000 out of the Authority.
Ms. Reyes: Commissioner Plummer, we would have to do that with a condition
that when we went back and reviewed our records, we had additional seat use
revenues from the Miami Arena, since we are not allowed to use convention
development taxes to promote sports events.
Commissioner Plummer: You're telling me that it is permissible.
Ms. Reyes: We are not allowed to use convention develcprnent taxes for those
purposes. They're for...
Mayor Suarez: He is sending it back to the Authority to figure out how you do
it and we're not deciding that today.
Commissioner Plummer: Well, how did you do it last year?
Ms, Reyes: The Miami Sport...
Commissioner De Yurre: Well, can we just move it here as far as accepting and
then we'll look a way to identify it.
Commissioner Plummer: OK, fire.
25 April 12, 1990
Lj
11
Mayor Suarez: That's where we were headed
that he put here.
Commissioner De Yurre: OK, well...
It's sort of a sneaky pocket item
Mayor Suarez: We have a motion. Do we have a second on that?
Commissioner Plummer: Second.
Commissioner De Yurre: I'll second that, but we...
Mayor Suarez: You can't second, you moved it.
Commissioner Plummer: Oh.
Commissioner De Yurre: Well, I haven't moved that.
Mayor Suarez: No, he moved it and seconded it.
Vice Mayor Dawkins: No, he's amending your motion.
Commissioner De Yurre: He's moving it and I'll second it. But we still have
the other motion about the lobbyist that we got to vote on first.
Mayor Suarez: Oh, we've got a motion...
Commissioner De Yurre: Which we have...
Mayor Suarez: OK.
Commissioner De Yurre: ...moved and seconded already also. _
Mayor Suarez: I'm sorry, let's vote on that.
Commissioner Plummer: Fine.
Mayor Suarez: We have a motion and a second on the $25,000 allocation for
a...
Commissioner De Yurre: A the lobbyist. —
Mayor Suarez: ...Sports Authority lobbyist to do independent lobbying from...
Commissioner De Yurre: No, but the Mayor's going to vote against it. So
that's why we needed to break it down.
Mayor Suarez: Call the roll on that.
Commissioner De Yurre: On the lobbyist.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-275
A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $25,000 FOR OBTAINING _
PROFESSIONAL SERVICES OF A LOBBYIST TO ACT ON BEHALF _
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. =-
(Note: This motion was latex- reconsidered by M 90-
276).
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
- i
26 April 12. 1990
AYES: Cortuni.ssioner Victor, De Yurre
Commissioner J. L. Plummer, Jr. --
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None.
(*Note: Although Mayor Suarez voted for the motion on roll call, he later
requested to be shown as voting against the motion.)
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner De Yurre: No, you don't...
Mayor Suarez: But I want you to know, you contradicted...
Commissioner Plummer: Wait, wait a minute, you just voted against what you
said.
Commissioner De Yurre: Are you going to vote no on the lobbyist?
Mayor Suarez: No, no, I'm sorry, no.
Commissioner De Yurre: OK.
Mayor Suarez: The motion passed, right? Carried. I want you to know you
contradicted yourself. You said, I think you said, that the firm that you
were about to hire, you weren't too sure if you could hire them because you
had a conflict with - they had a conflict with the County.
Commissioner De Yurre: No, we're not going to hire them. We had hired...
Ms. Reyes: We are not going to hire Katz Kutter.
Mayor Suarez: You're not going to hire, whatever their name is.
Commissioner De Yurre: No.
Ms. Reyes: Right.
Vice Mayor Dawkins: Katz, the Katz guy. Who are you hiring?
Commissioner De Yurre: Yes, they're out. We're going to...
Ms. Reyes: We're thinking about hiring Holland and Knight.
Vice Mayor Dawkins: Hold it, no, no. Wait a minute now.
Mayor Suarez: The same old Holland and Knight.
Vice Mayor Dawkins: That's not what you told me in my office.
Ms. Reyes: No, we originally had plans to hire Katz Kutter.
Vice Mayor Dawkins: Well, you all just lost me. 010
Ms. Reyes: Commissioner Dawkins.
Vice Mayor Dawkins: You all just lost me.
Commissioner De Yurre: Let me clarify this. Miller, what happened was that
' Katz Kutter was the group that had been approved by the Sports Authority.
t Then, subsequent to being approved and we were to have been here asking for
= j
the money for them, they go ahead and they become the lobbyist for the County
in the interim.
Vice Mayor Dawkins: Mr. City Attorney...
Commissioner De Yurre: So, there's a conflict and that's why they've pulled
out from representing the Authority.
27 April 12, 1990
vice Mayor Dawkins: ter. City Attorney.
Mr. Jorge Fernandez: Yes, Mr. Vice Mayor.
Vice. Mayor Dawkins: Now is the time for you to get some of that good pro bono
work of yours from Holland and Knight, lobbying for the Sports Authority.
Mr. Fernandez: Your City Attorney has nothing to do with the Sports &
Exhibition Authority, sir.
Commissioner Plummer: Is that modified?
Mayor Suarez: Don't exaggerate it and say you have nothing to do with it.
You have a great deal to do with it. You have to advise us as to anything we
do, vis a vis, the Authority.
Mr. Fernandez: That's true.
Mayor Suarez: All right. Thank you.
Mr. Fernandez: But not as to their internal affairs.
Commissioner Plummer: Where are we?
Commissioner De Yurre: We got to vote now on your $13,000.
Commissioner Alonso: Cutting in half the $25,000.
Commissioner Plummer: We're cutting it in half? Did not the motion pass?
Mayor Suarez: The motion passed and then we tried to clarify who was not
going to be...
Commissioner Alonso: Until Commissioner Dawkins...
Commissioner Plummer: Who was not...
Mayor Suarez: ...yes, going to be a lobbyist or who was going to be the
lobbyist, because one argument that I heard didn't make any sense to me and
then when we were told it would be Holland and Knight, then. Vice Mayor has
problems with that. So, what do you want to do, Commissioners, on this?
Vice Mayor Dawkins: J.L., you cut the twenty-five in half?
Conunissioner Alonso: I did. I said, how about half?
Mayor Suarez: We have to move to reconsider then the prior motion.
Commissioner Plummer: Well, if that's what the Commission wants, I mean, you
know, is Holland and Knight going to do it for half?
Mr. Korge: First of all...
Commissioner Plummer: Sure, you are. I'll second it.
Mr. Korge: No...
Mayor Suarez: There we go, that was close enough.
Commissioner Plummer: I'll second it.
Mayor Suarez: Moved and seconded for reconsideration. Call the roll.
Commissioner Plummer: Chris, you will learn to love it.
28 April 12, 1990
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION 140. 90-276
A MOTION TO RECONSIDER PREVIOUSLY PASSED M 90-275
APPROVING EXPENDITURE OF $25,000 TO CONTRACT FOR
PROFESSIONAL SERVICES OF A LOBBYIST TO ACT ON BEHALF
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
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
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Of course, we're saving money.
Mayor Suarez: Vote to reconsider.
Vice Mayor Dawkins: Oh, vote to reconsider, yes.
Mayor Suarez: Thank you.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Now, on the :notion in chief, the actual motion. Somebody want
to move?
Ms. Reyes: If I may remind the Commissioners that we have $400,000 at stake
in the legislative processes.
Mayor Suarez: We have heard that.
Commissioner Plummer: But knowing Chris Korge...
Commissioner Alonso: But, knowing the amount of money that we give to this
gentleman standing here in front of us?
Commissioner Plummer: Chris Korge is going to go up there and he's going to
bust his butt to make sure that it's done and we want you to know, Chris, how
much we appreciate what you're going to do for twelve -five.
Commissioner Alonso: I know you are such a nice person. I remember...
Commissioner Plummer: And since Miriam...
Commissioner Alonso: ...sometime ago when I told you, I told you so, Chris,
so keep to remember and be nice to us this time.
Mr. Korge: First of all, Commissioner, it has to go back to the...
Commissioner Plummer: Mickey, will you get up here and speak for him? He's
not doing a damn bit of good. I mean, we appreciate it, Mickey, what you've
done.
Mr. Korge: Whatever is the desire of the Commission, Holland and Knight will
always...
Commissioner Alonso: She just told us, yes.
Commissioner Plummer: Thank you. I move that we begrudgingly pay the twelve -
five for the full-time work of Chris Korge and Mickey Canton in Tallahassee.
If they don't bring home the four hundred thousand, God help there.
29 April 12, 1990
n
2
Vice Mayor Dawkins: Oh, 13 thousand. With a mar, of two thousand out-of-
pocket expense.
Commissioner Plummer: Huh?
Commissioner Alonso: What is that?
Commissioner De Yurre: Thirteen plus two.
Vice Mayor Dawkins: Thirteen plus two, out of pocket expense. They got to
fly up there.
Mayor Suarez: Would you accept the modification to the motion and a second?
Vice Mayor Dawkins: They got to fly up there, J.L.
Commissioner Alonso: Yes.
Mayor Suarez: The seconder accepts, the movant still is considering it.
Commissioner De Yurre: Who's the movant?
Mayor Suarez: J.L.
Commissioner Plummer: Who seconded? Oh. I approve.
Mayor Suarez: All right, movant and a second accept. Call the roll on that
motion.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-277
A RESOLUTION APPROVING THE EXPENDITURE BY THE MIAMI
SPORTS AND EXHIBITION AUTHORITY OF $15,000 TO ENGAGE
THE SERVICES OF A LOBBYIST TO PROMOTE LEGISLATION OF
BENEFIT TO THE AUTHORITY.
—
(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:
a
AYES: Commissioner Victor De Yurre
Commissioner. J. L. Plummer, Jr.
Commissioner Miriam Alonso
--
Vice Mayor Miller Dawkins
-3
NOES: Mayor Xavier L. Suarez.
_
ABSENT: None.
Commissioner De Yurre: OK, now we have to
vote on the thirteen thousand.
--
Commissioner Plummer: For the cranes.
Vice Mayor Dawkins: Thirteen thousand for
what now?
l
Commissioner Plummer: For the cranes.
Commissioner De Yurre: He needs some cranes.
Vice Mayor Dawkins: Cranes for what?
Commissioner Plummer: I move it.
e
Commissioner De Yurre: Second.
30
April 12, 1990
Mayor Suarez: Moved and seconded on the cranes for another event related to
Budweiser.. Hopefully, to be recovered. Right?
Commissioner Plummer: Definitely.
Mayor. Suarez: Definitely to be recovered.
Vice Mayor Dawkins: These are the same cranes that move the barricades for
the Grand Prix?
Commissioner Plummer: No.
Vice Mayor Dawkins: OK, I just wanted to know.
Mayor Suarez: Moved and seconded. Any discussion? Call...
Commissioner Plummer: That is Coors.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-278
A MOTION REQUESTING THE SPORTS AND EXHIBITION
AUTHORITY TO ALLOCATE AN AMOUNT NOT TO EXCEED $13,000
FOR THE RENTAL OF NECESSARY CRANES TO BE USED IN
CONNECTION WITH THE 1990 BUDWEISER HYDROPLANE REGATTA,
SUBJECT TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY
BEING ABLE TO IDENTIFY SAID FUNDS.
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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
11
11
----------- ------------------------------------------
10. (A)
SELECT THE 1990 BUDWEISER UNLIMITED HYDROPLANE REGATTA AS THE
CITY'S FIRST OF FOUR 1.990 SPECIAL EVENTS TO BE HELP. AT MARINE
STADIUM - PROVIDE FOR EXISTING CONCESSIONAIRES' RELEASE OF ALL
CONCESSION RIGHTS TO THE CITY DURING THE EVENT - DIRECT MANAGER
TO SELECT THE THREE REMAINING EVENT DATES - AUTHORIZE AGREEMENT
WITH VOLUME SERVICES, INC. FOR FOOD AND BEVERAGE CONCESSIONS
DURING THE EVENT - ESTABLISH CONCESSION FEES, ETC.
(B)
WAIVE FEES FOR POLICE, FIRE, G.S.A. AND SOLID WASTE SERVICES FOR
THE 20TH ANNUAL MIAMI BUDWEISER UNLIMITED HYDROPLANE REGATTA.
(C)
(Continued Discussion) EXECUTE AGREEMENT WITH ANHEUSER-BUSCH,
INC. FOR SPONSORSHIP ASSISTANCE WITH THE 1990 BUDWEISER
UNLIMITED HYDROPLANE REGATTA EVENT - AUTHORIZE ISSUANCE OF
COMPLIMENTARY TICKETS, ETC. (See label 9(E)).
(D)
EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: 111990
BUDWEISER REGATTA" - APPROPRIATE NECESSARY FUNDS ($40,000 - AS
GRANT FROM METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT TAX
REVENUES).
Commissioner Plummer: Now, Mr. Mayor, can I take care of the rest of this? I
mean, the bureaucracy around here is catching hell. Can I do this quickly,
please?
Mayor Suarez: Yes
Commissioner Plummer: Are you finished with the consent?
Mayor Suarez: Yes.
Commissioner Plummer: All right.
THEREUPON, COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Commissioner Plummer: I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-279
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SELECT
THE 1990 BUDWEISER UNLIMITED HYDROPLANE REGATTA AS THE
CITY OF MIAMI'S FIRST OF FOUR 1990 SPECIAL EVENTS TO
BE HELD AT THE MARINE STADIUM WHICH WILL PROVIDE FOR
THE EXISTING CONCESSIONAIRE'S RELEASE OF ALL
CONCESSION RIGHTS TO THE CITY OF MIAMI DURING SAID
EVENT; FURTHER AUTHORIZING THE CITY MANAGER TO CHOOSE
THE THREE REMAINING 1990 SPECIAL EVENT DATES UPON
WHICH SAID RIGHTS ARE RELEASED BY SAID CONCESSIONAIRE;
FURTHER INSTRUCTING THE CITY MANAGER TO ISSUE
DIRECTIONS TO SAID CONCESSIONAIRE TO ENSURE THAT THE
PREMISES ARE IN A SAFE CONDITION FOR THIS EVENT;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND VOLUME SERVICE, INC. FOR
THE OPERATION OF FOOD AND BEVERAGE CONCESSIONS DURING
SAID EVENT; AUTHORIZING THE CITY MANAGER TO ESTABLISH
A CONCESSION FEE OF $1,000 TO $3,000 TO BE CHARGED
EACH CONCESSIONAIRE SELLING NOVELTY MERCHANDISE
RELATING TO HYDROPLANES COMPETING IN SAID EVENT;
AUTHORIZING THE PROVISION OF HOSPITALITY TENT SPACES
BY THE CITY ON THE GROUNDS OF SAID STADIUM ON A FIRST -
COME, FIRST -SERVED BASIS TO INTERESTED PARTIES AT A
COST OF $5,000 PER TENT SPACE; AUTHORIZING THE
ISSUANCE OF PERMITS FOR THE USE OF SAID TENT SPACES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH
INTERESTED PARTIES FOR THE RIGHT TO PROMOTE THEIR
PRODUCTS AT SAID EVENT FOR A FEE COMPARABLE TO THOSE
FEES PAID AT OTHER RACE SITES.
(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: Conunissioner Victor De Yurr.e
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: A resolution waiving fees for the police, fire, GSA,
and solid waste for the 1990 Budweiser Regatta, I so move.
Vice Mayor Dawkins: No. See, you all are telling me that the Solid Waste
cannot pay for itself and you all keep telling me about you waive fees for
Solid Waste. No.
Commissioner Alonso: You were trying to get away with it.
Vice Mayor Dawkins: Either Solid Waste can support itself or it can't and if
it can't support itself, we can't give away no service.
Commissioner Plummer: The Manager says we'll pay them.
Vice Mayor Dawkins: We'll pay what?
Commissioner Plummer: We'll pay Solid Waste.
Vice Mayor Dawkins: What budget?
Mr. Odio: Take it out of his hydroplane regatta and pay Solid Waste.
33 April 12, 1990
Commissioner Plummer: Please. All. night...
Vice Mayor Dawkins: OK, no problem, go ahead. You moved it, J.L.? I second,
no problem. I mean, I got a problem, but go ahead.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-280
A RESOLUTION WAIVING THE FEES FOR THE SERVICES OF
POLICE AND FIRE, RESCUE AND INSPECTION SERVICES,
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE
DEPARTMENTS FOR THE 20TH ANNUAL MIAMI BUDWEISER
UNLIMITED HYDROPLANE REGATTA ("REGATTA") TO BE HELD
JUNE 1-3, 1990 AT THE MARINE STADIUM.
(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 Dawkins
Mayor Xavier L_ Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: (Read the resolution, 90-281, hereinbelow, into the
public record, by title only.) I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: Every year it gets more complicated.
34 April 12, 1990
1
The following resolutiot, was introduced by Commissioner Plummer, who
moved .its adoption:
RESOLUTION NO. 90-281
A RESOLUTION CONCERNING THE 1990 BUDWEISER UNLIMITED
HYDROPLANE REGATTA TO BE CONDUCTED BY THE CITY JUKE 1-
3, 1990 AT THE MIAMI MARINE STADIUM, MORE
PARTICULARLY; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND ANHEUSER-
BUSCH, INC. FOR SPONSORSHIP ASSISTANCE FOR SAID EVENT;
FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE UP TO
950 COMPLEMENTARY TICKETS, EXCLUSIVE OF AUTHORIZED
MEDIA REPRESENTATIVES, TO SAID EVENT FOR THE PURPOSE
OF PROMOTING THE CITY OF MIAMI, ITS FACILITIES AND
EVENTS; FURTHER PROVIDING THAT PARKING FEES BE WAIVED
FOR THIS EVENT; FURTHER AUTHORIZING PAYMENT TO FLORIDA
INBOARD RACING CLUB FOR THE PROVISION OF CRANES AND A
SALVAGE BOAT NEEDED FOR SAID EVENT IN AN AMOUNT NOT TO
EXCEED $12,650 AND FOR PRIZE MONIES FOR PARTICIPANTS
IN LIMITED HYDROPLANE RACES IN AN AMOUNT NOT TO EXCEED
$2,500; AUTHORIZING THE CITY MANAGER TO PURCHASE THE
NECESSARY INSURANCE IN THE AMOUNT OF $13,602 FROM K &
K INSURANCE AGENCY, INC. AND IN THE AMOUNT OF $7,500
FROM THE AMERICAN POWER BOAT ASSOCIATION; FURTHER
AUTHORIZING THE EXPENDITURE OF FUNDS FOR CITY STAFFING
AND SERVICES AND FOR THE PROCUREMENT OF GOODS,
SUPPLIES AND SERVICES REQUIRED, INCLUDING THE ABOVE
REFERENCED AMOUNTS, FOR SAID REGATTA IN A TOTAL AMOUNT
OF $120,013, ALLOCATING FUNDS THEREFOR IN THE AMOUNT
OF $84,013 FROM THE FY '90 MARINE STADIUM ENTERPRISE
FUND BUDGET AND $40,000 FROM A GRANT FROM METROPOLITAN
DADE COUNTY TOURIST DEVELOPMENT TAX REVENUES.
(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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: Reluctantly, yes.
Commissioner Plummer: (Read the Emergency Ordinance 10721, hereinbelow, into
the public record, by title only.) I so move.
Commissioner De Yurre: Second.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded. One more clarification., Commissioner
Plummer...
Commissioner Plummer; Yes, sir.
Mayor Suarez: ... does the expected share that the City takes, cover all of
those services?
Commissioner Plummer: The share from...
35 April 12, 1990
Mayor Suarez: From the event? The revenuL-s from the event.
Commissioner Plummer: Does it cover City services? Mr. Mayor, last year,
with all City services paid, we still were $18,000 ahead.
Mayor Suarez: OK, want to put that in the record.
Commissioner Plummer: And just for your edification, we did, last year, got
29 hours on ESPN of the race coverage. So, I think, you know, it is a
promotional, it is plus item and it is, you know, good TV.
Mayor Suarez: Any particular reason, Mr. Manager, why this item can never -
this never seems to be on the regular agenda?
Mr. Odio: It was, this item, 58.
Commissioner Plummer: Yes, it's on for 58.
Mayor Suarez: You've got it for later on today?
Commissioner Plummer: And I just wanted to get it out and get it behind us,
Mr. Mayor.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED 111990 BUDWEISER REGATTA" AND
APPROPRIATING FUNDS FOR SAME IN THE AMOUNT OF $40,000
AS A GRANT FROM METROPOLITAN DADE COUNTY TOURIST
DEVELOPMENT TAX REVENUES FOR THE PURPOSE OF PROMOTING
AND PRODUCING THE 20TH ANNUAL BUDWEISER UNLIMITED
HYDROPLANE, REGATTA TO BE HELD DUNE 1, 2 AND 3, 1990 AT
THE MARINE STADIUM; AUTHORIZING THE CITY MANAGER TO
ACCEPT SUCH GRANT AND TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH METROPOLITAN DADE COUNTY TO IMPLEMENT
SAID GRANT; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Al.onso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner De Yurre, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Alone.
SAID ORDINANCE WAS DESIGNATED ORDINANCE 140. 10721.
36 April 12, 1990
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: Thank you, Mr. Mayor, and colleagues.
11.
REPORT BY THE OVERTOWN INDEPENDENT REVIEW PANEL ON THE CITY'S PROGRESS
CONCERNING RECOMMENDATIONS ISSUED IN CONNECTION WITH POLICE COMMUNITY
RELATIONS.
Mayor Suarez: Item two. Is there anyone here from the review panel or are we
going to hear from counselor?
Harold Long, Esq.: Good morning, Mayor and Commissioners. My name is Harold
Long, I'm the independent counsel, for the Review Panel. Father Barry was
unable to be here this morning and he's asked me to stand in for him as it
relates to updating you on the activities of the panel. I'm proud to report
that the panel and the Police Department have, in fact, been cooperating
substantially as it relates to the matters that were brought forth in the
interim report. In fact, Chief Anderson, has been periodically sending us
updated reports concerning things that are happening in the Department in the
areas that were addressed in the report. Our most recent correspondence with
the Chief, which has gone out as a result of our last meeting, addresses the
questions of recruitment, employment, and retention of black personnel based
upon information we received from the Chief. There have been some changes
made in the background investigation unit in the Police Department consistent
with our recommendations. There have been some changes made in the polygraphs
that are administered based upon our recommendations. In fact, as it relates
to the polygraph, there is now some certified training that is being offered
concerning those who conduct the polygraph examinations within the City
department. There have been activities related to the recruitment efforts and
the personnel management department has now been more involved in recruiting,
in addition to the resources of the Police Department. There have been new
procedures that have been utilized as it relates to notification of applicants
who have been rejected and how they are notified and the rights that they have
to find out and come forward with the reasons for that notification. There
have been some changes in patrol tactics and assignments, particularly as it
relates to patrol units in the Overtown community. The Chief has indicated
there's an effort for salt and pepper teams which have basically been in
operation in the Overtown area. In addition, there has been discussion about
the Overtown mini police station. There has been an extension based upon the
last correspondence from the Chief of hours there.
Mayor Suarez: What are the latest hours on the ministation?
Mr. Long: The latest hours that we have is that they will be open now until
10:00 o'clock p.m. We are in correspondence presently with the Chief. It's
our desire that they remain open until 1:00 o'clock a.m. based upon some
statistical information, that we have received concerning...
Mayor Suarez: And based on Commission resolution, if I'm not mistaken calling
for that. OK.
Mr. Long: OK. Well, I don't know that the panel was aware of the Commission
recommendation, but it was ours that it remain open until 1:00 o'clock. And,
also, the stress and cultural awareness training that's going on as a result
of it. In working with the Police Department working with NOBLE. So, there
are areas in which there has been, you know, quite a bit of progress since our
interim report. We continue to work with the Police Department, we continue
to communicate with the Chief. In addition to which, we are now, as the
Commissioners are aware, doing something in the area of economics. As a
matter of fact, at our last meeting, we brought in Mr.. Earl Phillips, who is
director of HUD of Dade County, and I think they may be on the agenda later on
on this agenda, who spoke with us concerning joint ventures between the County
and the City and the upkeep of public housing. We do not have an official
position yet on these matters. I'm just giving you an indication of the types
of things that and the types of testimony that we are hearing which, of
course, as our interim report, will be included in a filial report.. On the
37 April 12, 1990
0
L]
question of subpoena power, there was some discussion about that and I think,
Mr. Mayor and Commissioners, I think that you will be receiving some
correspondence from the Independent Review Panel within a day or two relative
to some thoughts we have concerning the exercise of subpoena powers. So, all
is well, the panel continues to meet. Father Barry apologizes for not being
able to be here but he did ask me to sit in.
Mayor Suarez: Just one question. Has the committee reviewed the
recommendations or findings of. the U.S. Civil Rights Commission, State of
Florida?
Mr. Long: Yes, we have reviewed that along with some other documents relating
to findings which is particularly as it relates to Dade County. But we have
not come forward with any resolution or anything positive to present in that
regard as yet.
Mayor Suarez: OK, if you do, would you please advise me?
Mr. "Long: Certainly.
Mayor Suarez: And I will copy you with my response to the Civil Rights
Commission findings.
Mr. Long: Thank you very much.
Mayor Suarez: Thank you, counselor.
Mr. Long: And you all can expect some correspondence concerning police power.
Thank you.
Mayor Suarez: Anything further? If not, proceed to item three.
12. (A) DISCUSSION REGARDING NEGOTIATIONS FOR LONG TERM LEASE WITH NEW
WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE REGARDING THE
STATE PLACE/MIAMI ARENA MIXED -USE PROJECT (See label 34).
(B) COMMISSIONER DE YURRE REQUESTS INFORMATION REGARDING PARKING
METERS IN ARENA AREA FROM REPRESENTATIVES OF OFF-STREET PARKING.
Mayor Suarez: Item 3, Mr. Manager, somebody.
Mr. Jack Mulvena: Yes, this is a - Jack Mulvena, Executive Director,
Department of Off Street Parking. This item, if you recall, is before the
Commission because you wanted to make sure that the last discussion was
reviewed at your April meeting with regards to the New Washington Heights
Development Corp. and its long term lease with the Department of Off Street
Parking for development on this site, piece of property we own. I can let the
Commissioners know that all of the terms of that lease are now agreed upon
with New Washington Heights, which include a 20 year term and include the
Department of Off Street Parking retrieving the market value of the land,
which, at this point, should be between 3.2 and about 3.6 million dollars. In
addition, the Department of Off Street Parking, after the developer had
developed a garage, would manage that facility as public parking -for 6 percent
of the gross. So, as of this date, the counsel for the New Washington Heights
Development Corp. has been before our board and our board has concurred with
these particular terms. However, all of these terms are continge:,t upon the
availability of tax increment financing to be available for this long term
lease. So frankly from the department side, you know, we feel we have done
what we can at, this point and I think there needs to be further comment with
regards to the availability of tax increment financing out of that Overtown
Park West area that would come to this particular project, you know, for the
lease. So, that is basically...
Mr.
lierb Bailey:
Tax increment financing cannot be used
for private purposes
for
financing or undertaking the payment of an obligation
of a private company
or
private person,
that would make the bonds taxable that have been issued.
This was discussed
several times and it was only an idea
to see if there was a
way
for which we
could supplement the payment of the
lease terms of New
36 April 12, 1990
Washington Heights and their partner to Of.f.-Street. Parking for the land. We
take the position that the resolutions passed by the Off. -Street Parking
indicated that the New Washington Heights would have the award if they could
prove that they had the financing. It is now all of a sudden proved that they
have the financing with our support. If we were to use the tax increment
financing in the appropriate manner, we would then would have to buy the land
from Off -Street Parking and then bid it out again. It is an Off -Street
Parking's bid, it is not the City of Miami's bid.
Commissioner Plummer: Who owns the land presently?
Mr. Bailey: Off -Street Parking.
Commissioner Plummer: OK. And what you are saying is the only way is
possible is for the City to buy the land.
Mr. Bailey: We would have to, the only way we can use tax increment monies is
to buy the land and make it public -owned, City of Miami.
Commissioner Plummer: All right. Now let me go to a bigger scope of a
picture. I have expressed before this Commission, and I have to the Manager,
the concern that I have about the Orlando case. It is my understanding that
what would go on this land is a hotel.
Mr. Bailey: A hotel and a parking garage, yes.
Commissioner Plummer: OK, which is a profit making organization.
Mr. Bailey: Absolutely.
Commissioner Plummer: OK. I brought to this Commission's attention and I'm
going to do it again for the record. The concern that I have the Orlando case
and ad valorem taxation. Orlando case is clear and I can expect it is going to
be state wide in this upcoming assessment.. In any City owned and that's I
guess, I don't know that the sports, that the Off Street Parking comes under
that same category. That any City owned property that has an improvement on it
which is profit making is subject to ad valorem taxation.
Mr. Bailey: We don't disagree with that... the arena is probably going to be
the...
Commissioner Plummer: Well, I know we don't disagree with it, but I am saying
to you. It's going to make a hell of a big difference in this particular
City. I can envision some projects very quickly going under, OK. Now, my
question here is, and I can't answer, is there a difference between City owned
property and property which is owned by the Off -Street Parking since they are
an arm of this City? And then I guess my bottom line question is, are the
proposers aware that this is more than just a shot in the dark. From what I
am looking at, it is a reality that's going to happen. And what is the
financial picture of that situation if in fact ad valorem taxes are assessed
on the improvements of that property?
Mr. Bailey: It was anticipated that ad valorem taxes would be assessed, in
fact on all of the projects that we have for their private improvement, they
are taxed. The land is not taxed, but they pay a lease to us for the
difference. It may not be the exact amount of the assessment.
Mayor. Suarez: You talking about the arena? It was anticipated that it would
be taxed?
Mr. Bailey: I expect...
Mr. Odio: No, we didn't, we did not expect the arena to be taxed.
Commissioner Plummer: Well that's...
Mayor Suarez:: Mr. Manager, we certainly were made aware of a tax to be
imposed on the arena at the time that all those agreements were signed and
that, what are those things called that we received, Mr. Manager, what did we
received in lieu of taxes for the arena, what is it called?
39
April 12, 1990
Mr.. Cesar Odio: What we have right now, well at this moment. we nre, the
County is charging us. they sent us a bill for taxes arid we have talked to
the County At.tornLey.
Commissioner De Yurre: But are they sending it... _
Mayor Suarez: When did you find out the County was to, tempting to tax the
arena Mr. Manager?
Mr. Odio: Last year. And we met with Ginsburg. He indicated to me =
personally that he would try to charige that but it belongs to the assessors
office and we are now in court.
t—
Mayor. Suarez: Has the City Attorney, has this Commission been informed of the
attempt by the County to tax the arena?
Mr. Odio: Yes, they were.
Commissioner Plummer: Of the attempt.
Mayor Suarez: I have not been informed.
Mr. Fernandez: I have not been informed either, I have learned of this
through Chris Korge.
Mayor Suarez: Apparently Chris Korge seems to know what's happening in the —
City.
Mr. Bailey: Can I...
Mayor Suarez: We don't.
Mr. Chris Korge: Mr. Mayor, what has...
Commissioner Plummer: Can I ask how much that bill was for?
Mr. Korge: $1,200,000.00.
Commissioner Plummer: Per year?
Mr. Korge: Per year, that's correct.
- Mayor Suarez: $1,200,000.00. To come out of the City's coffers.
Mr. Korge: No, it is not.
Commissioner Plummer: No, no, no.
Mayor Suarez: Who is it going to be imposed against and who is going to end
up paying for it?
Mr. Korge: The bill, the assessment was made against Decoma and what has
happened is that the Sports Authority has joined in along with the City, which
petitions contesting the tax, which have been forwarded...
Mayor Suarez: So the City is represented in that effort to contest the tax.
Mr. Korge: The City has never been assessed the tax, it was Decoma...
Mayor Suarez: No, no, you said Decoma was assessed the tax...
Mr. Korge: I understand.
Mayor Suarez: ...But you also said that there is a petition pending before
the County by the authority and the City. Is the City represented in that or
is the City not represented in that.
- Mr. Fernandez: The City is not represented in that, and if it is, I have not
been involved in it.
-_ Mayor Suarez: Did it not strike anybody as a good idea for the City to be
represented in that?
i
4
z 40 April 12, 1990
Mr. Odl.o: When Chris and Blaisdell informed me of this, what I did was go and
see Ginsburg and the County Manager. And I asked them to please intercede
because I felt it was unfair for them to tax the Sports Authority and Decoma.
The City officially has not joined In any case. It's the Sports Authority and
Decoma that are contesting the tax.
Vice Mayor Dawkins: Mr. Mayor, see, I have a serious... this is why I have a
serious problem. The County does what it wants, when it wants, and why it
wants. And every time I look up, I see the Manager or somebody in my office
convincing me to sell the County, our property, at a loss, to accept the fact
that the County is going to double the dumping fee without complaining. Sell
the County the land where we got the present jail because they want to put an
office building there, and every where I look, this Commission bows down and
kisses the ring for the County and the County doesn't do anything in return.
And I mean, me, one, I don't understand how it is that we cannot go to
Tallahassee or somewhere and have the State Legislature understand that Miller
Dawkins, if no other Commissioner up here, feels that the County is abusing
itself, rule charter. Because they are not giving us any relief...
Commissioner Plummer: A million, two.
Vice Mayor Dawkins: ... and anytime they want they just take a whim and pass
anything on and we have to accept it.
Mayor Suarez: In this particular case, did you just say, Mr. Manager, this
could kill the arena?
Commissioner Plummer: It could.
Mr. Odio: This is, this is a lot of money for that arena is not profitable at
this time.
Mayor Suarez: Did you just say that this could kill the arena, Mr. Manager?
Mr. Manager: The profits of the arena, yes.
Mayor Suarez: Do you not think then the City should take a position in this?
Mr. Odio: I certainly think, we felt and the Sports Authority felt that this
would be put aside. And I was waiting to see how far it would go before I
would go and see, to bring it here and to the County Commission again.
Mayor Suarez: Do you now recommend that the City take a position in this
matter? Protest before the County Appraiser's office or who ever it is that's
making this ultimate decision.
Mr. Odio: Yes sir, I would recommend that you do so.
Mr. Korge: Mr. Mayor, a formal protest has been filed against the tax and it
was done in a timely manner. The status of the situation is as follows. The
County Attorney's office, after Mr. Odio met with Mr. Ginsburg and the County
Manager's office, they are presently reviewing the petition in the entire
situation. They have indicated to us that they, before they take any
affirmative action, they you know, other than the assessment which they have
done and we filed a petition in protest of the assessment, that they are going
to have a meeting with us before they take any further action. We are
waiting...
Mayor Suarez: I was going to ask the Manager, how do the PILOT fees play into
this Mr. Manager?
Mr. Odio: The what, sir?
Commissioner Plummer: How do what?
Mayor Suarez: The PILOT fees?
Commissioner Plummer: PILOT fee?
Mr. Odio: I don't...
41 April 12, 1990
Mayor Suarez: Payment of lieu of taxes that wQ receive for the arena.
Commissioner Plummer: Oh, ch.
Mr. Odic: We are receiving $300,000 a year the lease of the land as far as the
City is concerned. That's all we received.
Mayor Suarez: OK. And is that supposed to be as the name indicates, in lieu
of taxes that would have been derived by the City?
Mr. Odio: No. It was in payment of the land.
Yv
Mr. Korge: Mr. Mayor, the lease...
E—
Mayor Suarez: OK. So it's a misnomer, it shouldn't be called a payment in
lieu of taxes.
Mr. Odio: I don't .know, who called that, because all I know is that we have a
lease for $300,000 a year.
Mayor Suarez: Because we anticipated, the City anticipated never getting
taxes from this property or its improvement.
Mr. Odio: Never. I have never budgeted one dollar. for...
Mayor Suarez: Is the County attempting as it charges the $1.2 million to
collect for the School Board and the County and the City or just the County?
Mr. Odio: The full taxes. What...
Mayor Suarez: Including our portion? --
Mr. Odio: I have to say this. Chris, Ginsburg's position is of understanding �_
that he felt that they should not tax, but he has to deal with the assessor's
office, so, and that's where we are today.
Mayor Suarez: The County Attorney doesn't agree with the County Appraiser?
Mr. Odio: The assessor.
Mr. Korge: Mr. Mayor... —
Mayor Suarez: Wait. Is there a separate assessor other than the County
Appraiser's office?
Mr. Korge: The County Attorney's office advised us, the County Appraiser's
office, and apparently they, when this went on the tax rolls it was just
systematically put on there, without anyone's knowledge. The next thing,
there was no warning whatsoever. One day, at the arena, appeared a bill.
Mayor Suarez: Chris, do you know what the breakdown is of the City, County
and School Board portion of that attempted tax?
Mr. Korge: I don't know the exact breakdown, I know that the School Board, I
believe gets somewhere around the area of 40 percent, and the other 60 percent
is split up somehow.
Mayor Suarez: And roughly, half and half, cause the millage rate might be
close to same. That means that we, no...
Mr. Korge: I'm not sure. No...
Mr. Bailey: No. Just a correction to his statement. We get $16.1 mills or
something of that within the trust fund for the tax increment district and the
rest of it goes to the Water Management District, the Library District, the
School Board and DDA and other special taxing districts.
Mayor Suarez: The 16.1 being the addition of the millage rate for the City
and the County, I guess?
Mr. Bailey: That's our mileage which all goes into the tax increment fund.
42 April 12, 1990
Mayor Suarez: Which goes al]. into the tax increment district?
Mr. Korge: Right.
Mayor Suarez: Mr. Manager, if you happen to know how much the City would
derive out of this, are we sure we want to take a stand against it? I mean I
don't, I don't know.
Commissioner Plummer: We might want to be for it.
Mr. Odio: Well, it would be...
Mayor Suarez: Have you considered whether we want to actually ,collect these
taxes against Decoma, if it's actually against Decoma?
Mr. Odio: I would recommend strongly against not receiving any taxes from an
arena that is ours.
Mayor Suarez: You would recommend strongly against not receiving any taxes.
What are you saying?
Mr. Odio: I am, I did say that...
Mayor Suarez: What does that mean?
Mr. Odio: I said that I would recommend that we continue to fight not to
assess any taxes to the arena.
Mayor Suarez: And we give up the percentage that we would get out of those
taxes?
Mr. Odio: And that we would give up that percentage, yes.
Commissioner Plummer: Well, we are really not getting it, it goes into the
tax increment.
Mr. Korge: Mr. Mayor. If I, if I could clarify the contractual
relationships, you will understand why taxing the arena would have a very
detrimental effect...
Mayor Suarez: OK. Where is the pass through back to the City? Let's hear
this part.
Mr. Korge: OR. No, it doesn't. When we prepare the lease agreement between
the City and the Authority, we protected the City from being subject to paying
the tax as the actual property owner. The Authority in its contract with
Decoma, has a provision in it, which in the event that ad valorem taxes were
ever assessed, the first $300,000 of those ad valorem taxes would be paid by
the Authority because of the...
Mayor Suarez: By our Authority?
Mr. Korge: By the Authority. Because...
Mayor Suarez: Because of the PILOT fees or whatever?
Mr. Korge: Exactly. That is correct. And that any taxes...
Mayor Suarez: So it is a payment in lieu of taxes?
Mr. Korge: Any taxes above that, would be an operating expense of the
arena. Now if it's an operating expense of the arena...
Mayor Suarez: That sounds like a pass through to me.
Mr. Korge: If it's an operating expense of the arena, well, if, the taxes
against the arena...
Commissioner Plummer: Xavier I told you all this. I told you all this was
coming.
43
`-i
April 12, 1990
Mr. Korge: ...Taxes are typically operating expenses against the facility
that is being taxed. If the taxes against the arena and there is a deficit in
the arena, after certain reserve funds have been depleted, then the
Authority's responsibility for paying any deficit obligations is 86 percent.
So...
Mayor Suarez: Eighty-six percent of the entire tax?
Vice Mayor Dawkins: I don't know why you all shaking your head. That was a
give away that you negotiated, that ain't nothing to be proud of.
Commissioner Plummer: No, no. We didn't give it away. I voted against it.
Vice Mayor Dawkins:: OK.
Mayor Suarez: Eighty-six percent of whatever that assessment might be will
end up having to be paid by the Authority.
Mr. Korge: If. there is a doubt, only to the extent of the deficit. And what
I am suggesting to you is that the tax would be an operating expense of the
facility if in...
Mayor Suarez: Oh, conceivably the arena would make enough money that it could
cover all of that itself?
Mr.. Korge: It does not. At present, it does not make enough money to cover
that. That would...
Mayor Suarez: But. Mr. Manager, I have a suggestion that we get a full
report on this, all the possible scenarios and your recommendation so that you
have time to advise us on it what we should do, if the City should intervene
or shouldn't...
Commissioner De Yurre: And that we get the City Attorney's office involved.
Mayor Suarez: And please get the City Attor.ney's office involved.
Commissioner Alonso: The first time you heard about this tax was in November
or when they sent to you the notification that of the assessment value of the
property?
Mayor Suarez: That's a good question.
Mr. Korge: The first time we ever found out about the tax is when we actually
got the assessment.
Mayor Suarez: When was that?
Mr. Korge: I am sorry, Mayor, I don't remember the exact date.
Mayor Suarez: More or less, Chris.
Mr. Korge: It was probably in about seven, eight months ago.
Mr. Odio: I believe it was during July.
Mr. Korge: Yes. It was...
Commissioner Alonso: Did you complain at that point?
Mr. Odio: Yes, yes, yes.
Mr. Korge: Immediately we filed, immediately the Manager met with the County
and when the County did not, in a timely fashion resolve the issue, we had not
other choice but to file a petition contesting the tax or we would have waived
our rights.
Commissioner Plummer: See this, Mr. Mayor, the point I am trying to break
here is just not the Sports Authority. I am trying to bring to this
Commission, and I sent all of you a copy from the Florida League of Cities, of
the case in Orlando. Just let me give you one example. Merrill -Stevens
Boatyard. I don't know marginal that is or is not, but the guesstimate tax,
44 April 12, 1990
if applied, on that facility alone, is $200,000.00 a year. And they arc
basing it, whatever Monty Trainers Restaurant. Those improvements over there
are going to make a lot of these projects mar.ginal.. As to whether or not, they
can succeed... _
Mr. Korge: Absolutely.
Commissioner Plummer: .., and you know, I a very concerned about it, on —
behalf of the City. We are in a position that we can't fight additional —
revenues of taxation coming in to the City, but we are, on the other hand,
faced with projects that are life blood to this City that in fact that could_=
go under because of the situation. So, I don't think it's a simple matter.
And it's going to get worse.
Mayor Suarez: You are not unhappy about this whole scenario, are you?
Mr. Bailey: We never counted on it being taxed. I think that...
Mayor Suarez: No. But I mean if it was, it would have to go, most. of it, at
least 16 mills of it, would have to go into the tax increment district.
Mr. Bailey: We would get a substantial amount.
Mayor Suarez: Did you whisper in the County's ear to impose this tax so that
you could increase the tax increment fund?
Mr. Bailey: No. Ah, it just happened.
Mayor Suarez: Just happened. All right. Mr. Manager would you instruct us
in writing as to what the recommendation is and the status and all the
possible scenarios. It sounds like a fairly complicated situation. We were
not even discussing this, we were into New Washington Heights.
Mr. Bailey: The New Washington Heights situation was an effort that we, from
the City, joined in with Off -Street Parking to try to make it work. And we
were trying to explore ways, we realize that New Washington Heights and their
partner, at least New Washington Heights at the time, does not have a lot of
money or any money. I would suggest that...
Commissioner De Yurre: Herb. Let me ask you something.
Mr. Bailey: Yes.
Commissioner De Yurre: Is it a fact that the County has pulled out the
assistance that they were going to kick in to this project?
Mr. Bailey: I have heard that. I am assuming, Frank is that correct? Has
the County defunded New Washington Heights?
Mr. Frank Castaneda: That is staff recommendation, it hasn't gone to the
County Commission at this time.
Commissioner De Yurre: What is, how much money we talking about that they are
going to pull out?
Mr. Castaneda: If, I believe it's about $150,000.00 what they received from
Metropolitan Dade County.
Commissioner De Yurre: What impact would that have on the project?
Mr. Castaneda: It would have a significant impact on their ability to hire
staff, obviously.
Commissioner Plummer: Wait a minute. Wasn't it, not that I put the morning
tabloid in any gospel fashion, but didn't I see that the reason, what was the
reason for that? Something about auditing?
Mr. Castaneda: No. The reason was the problems they have had in getting the
Phoenix project, which is a housing project, off the ground.
Comnissi.oner Plummer: No. I read something about, there was a problem with
the auditing procedures or where the money was going.
45 April 12, 1990
Commissioner Alonso: It was in the papers, I read that.
Commissioner Plummer: It was something I read and it was something to do that
was a hint of scandal. I know that, of course, that's nothing unusual for the
morning tabloid.
Mr. Castaneda: I don't believe that that is the case. The issue was...
Commissioner Plummer: Did the State, is the State involved in funding, and
did they also defund this project, or stop any payments to this project?
Mr. Castaneda: Not to my knowledge, Commissioner.
Commissioner Plummer: Would you go and pull from the Herald, the article and
see if there was any credence in that article. It was within the last month.
Mr. Castaneda: I am sure that we have it.
Commissioner De Yurre: You know, Frank, we need to find out you know, why it
is that the County is doing what they are doing. And if that's going to have
a significant impact on the project, then we need to reassess our position to
see exactly where that project is going. Is it doable or not? And so we
could make, if we have to make a decision on that issue, then we can address
it. If not, you know, why continue? If now that project is in jeopardy, why
continue through all this process wasting man hours and in, you know, the
whole nine yards?
Mayor Suarez: What is the Manager's recommendation on New Washington Heights
as a viable project or not viable?
Mr. Bailey: Ah.
Mayor Suarez: No. I was going to ask the Manager what his recommendation
was, Herb.
Mr. Odio: I am going to ask Herb what his recommendation is?
Mayor Suarez: And whatever Herb tells you is what your recommendation is
going to be?
Mr. Odio: Yes. I will.
Mayor Suarez: You have no independent opinion on the issue Mr. Manager?
Mr. Odio: I prefer to hear from the Assistant City Manager, Mr. Bailey.
Mr. Bailey: We are recommending that the Off -Street Parking go through the
contractual process of developing the lease. I believe that somewhere within
that contractual negotiation, if there is something that's not appropriate, it
will fall out even before we get to the point of whether or not they can pay
the lease. Because as I have read the partnership agreement, there is some
understanding between the parties that the land is to be of no cost, and that
is something that the Off -Street Parking just cannot do. So I think if we
went through the lease process and somewhere within that negotiations you may
have an automatic fowl up because of some disagreement.
Commissioner Plummer: How much money you are talking about?
Mr. Bailey: Just for the cost of the land?
Commissioner Plummer: Yes. How much?
Mr. Mulvena: It's in the neighborhood of the three point two, three point six
mill for that. It's a three -fourths of a City block, right on the
Peoplemover, south of Sth Street. It's owned by the...
Mayor Suarez: Three point two million?
Mr. Mulvena:: Three point two million right, to three point six.
46 April 12, 1940
{
Mayor Suarez: Do you need anything forth^r from thi.G Commission on this item,
Mr. Manager?
Mr. Odio: No, I think we need to get a policy decision on whether we proceed
or at this time or stop this project.
Commissioner Plummer: Well,...
Mr. Odio: We certainly don't have, we certainly do not have the money to buy r--
the land. And just to keep going alone, with no chance of this project ever _
happening...
Commissioner Plummer: Yes, but Let's remember also, that we've been pumping a
into New Washington Heights for years. -
Mr.. Odio: Yes, Sir.
Commissioner Plummer: $50,000, $50,000, $50,000.
Mr. Odio: Yes.
Commissioner Plummer: And you know, the sign in my office says, the only way
to measure ability is in results. And we have not seen any results.
Commissioner De Yurre: And maybe the County knows something we don't or maybe
they are a little bit smarten.
Mr. Bailey: I would suggest to the Off -Street Parking Board being that they
made the award, that they go through the process on its merits. Because the
Off -Street Parking Authority's Board made the decision and the award, we did
not.
Mayor Suarez: Would we have to approve the terms of the long term lease?
Mr. Bailey: No, sir. No, Mr...
Mayor Suarez: Once they, the Board has decided on it?
Mr. Bailey: No. The Board approves its own lease.
Mayor Suarez: As a capital project?
Mr. Jorge Fernandez: Yes.
Mayor Suarez: You are the Attorney for the Off -Street Parking, aren't you?
Mr. Fernandez: Yes, I am, and the answer to your question is yes.
Mayor Suarez: I thought we did.
Mr. Fernandez: No. Uh...
Mayor Suarez: Is the...?
Mr. Fernandez: The City Commission does not approve DOSP's lease agreements.
Mayor Suarez: OK.
Mr. Mulvena: See, the difference in this, I think, and other capital projects
were ones we were very much involved in.
Mayor Suarez:
Right.
Mr. Mulvena:
If it's
$10.00 we are involved in, the City Commission, in fact,
approves that
as part
of our five year plan and individually. Basically this
is a sale over
a long
term lease of and we are out of it.
Commissioner
Plummer:
You hope.
Mr. Mulvena:
We hope.
That's why..
'
3
47 April 12, 1990
0
Mayor Suarez: Is there a provision in the proposed lease or the lease that
has been discussed, that would, i.f it couldn't get the financing in a
particular period of time, we would just put an end to the whole thing, kind
of in line with what you are suggesting Herb?
Mr.Muivena: Actually, Mayor, you know, we've gone as far as we can with the
lease. Frankly, if they don't demonstrate that they have the financing to do
it, or if they get decertified...
Mayor Suarez: By when?
Mr. Mulvena: ...Or if, Frankly, no, I think that will present itself within a
matter of months or they will be back before you.
Commissioner Plummer: Well, I can tell you when. If this City doesn't kick
in another $50,000.00, that's over.
Mr. Fernandez: Mr. Mayor, a point of order. Back in December of '89, this
City Commission passed a resolution, that is Resolution 89-1134, which you
must now address in terms of the recommendations of the Administration to you.
That resolution back in December of 189 said, that you were approving in
principle the concept of utilizing the tax increment funds generated by the
proposed New Washington Heights, Community Development Conference, Joint
Development Hotel/Garage project located on that address for lease payments to
the Department of Off -Street Parking and directing the City Manager, and the
resolution goes on. If you are no longer in a position of approving in
principle or in any manner, shape or form being involved, with a development
of New Washington Heights, then you need to address that point as that
resolution...
Mayor Suarez: I guess we are not ready to get off the train either. We are
suggesting that the Authority on the merits, I think that's what Commission
Plummer indicated, ought to make that determination, and it should do so soon.
Because it sounds like this is the time to decide whether the train is ever
going to move or not. But we are advised, Mr. City Attorney, that we in fact
passed a resolution that approved in principle this whole project and if we
are now deviating from that, we should make it clear. We, I guess we haven't
yet.
Mr. Fernandez: That's my point.
Mayor Suarez: I got you.
Mr. Bailey: I'll like to clarify some points in that resolution. It said,
use revenues generated by the development.. The word generated is very
important. Because tax revenues are not generated until a development is
completed, maybe two years after when they get a certificate of occupancy.
The lease payment start the moment they sign the lease.
Mayor Suarez: So, for some period of time, they would come from where?...
presumably...
Mr. Bailey: Nowhere. It would have to come from private sources and if even
if they do generate revenue, that is a real doubt as to whether or not we can
legally use tax increment monies for the payment of private debt. Especially
if we have issued tax exempt bonds.
Commissioner Plummer: Yes, especially if it's a profit making program.
Mr. Bailey: And it is a profit making entity. So it, the resolution is one
in principle which states an intent, but it does have some...
Mayor Suarez: Well, all of this has been clarified to the Off -Street Parking
Board, I presume, if you are expecting them to make a decision on the merits.
Mr.. Bailey: Well, I have not attended a meeting recently. I was hoping to
go...
Mayor Suarez: Well, it sounds to me like somebody ought to attend a meeting
and make these points clear.
Mr. Bailey: I would go to the next meeting if this Corunission so
48 April 12, 1990
11
11
Mayor Suarez: All right
Manager on this item?
Anything further from the Commission or from the
Commissioner Plummer: Make sure you get the money for the meter.
Commissioner De Yurre: Jack, since you are up there already, and we have
spoken about the arena and a whole bunch of things, we worked out the scenario
with the, as far as the parking meters around the arena?
Mr. Mulvena: I think we have. I think what we have offered up there, for
example, is there meters in and around the arena now, primarily to manage the
streets now that most of the construction is over, and also to allow people to
use the surface lots during arena events. For some people who work in the
arena, we have provided decal program, an On -Street decal program, which means
that a worker can park on the streets for $25.00 a month, for the purchase of
this decal.
Commissioner Plummer: You don't have that authority.
Mr. Mulvena: We have...
Commissioner Plummer: No, no. I don't think the charter provides that you
can regulate On -Street parking. I don't think you have that authority.
Mayor Suarez: Charter doesn't, but I think we gave him that authority through
an ordinance that maybe we ought be repealing.
Mr. Mulvena: Yes. Well, that's up to... We have a program and a couple
other...
Mayor Suarez: Is that correct Mr. Mulvena? Is it based on the statutes that
was passed, an ordinance?
Mr. Mulvena: I don't know.
Commissioner Plummer: I would like to see the statutes that gave them the
right to control on -street parking.
Mr. Mulvena: Create a decal program?
Mayor Suarez: Does anybody know the answer?
Mr. Mulvena: Well, we, you know, You all control the rates Commissioner, you
know, but we do...
Commissioner Plummer: I'm not talking about the rates. I'm talking about,
it's like they sent me a little plastic piece of paper that said I got the
right to park on my City street. Who in the hell are they to tell me where I
can park.
Mayor Suarez: Mr. Manager, Mr. City Attorney, can anybody tell us whether the
authority has or does not have the right to regulate on -street parking and
based on what?
Mr. Fernandez: I cannot tell you right now, based on myself...
Commissioner Plummer: Send me a copy.
Mr. Fernandez: ...But I will let you know. But I can tell you that the
practice in the past has been that they have, in fact, you regulate the rates,
but they very much control where meters go on the line.
Commissioner Plummer: Ah. Meters, ,yes. Meters, Yes.
Mr. Mulvena: That's what we are talking about. But...
Conanissioner Plummer: Not on street parking.
Mr. Fernandez: That is what we are talking about.
49 April 12, 1990
AIL
Mr. Mulvena: .Oh, we are talking about_ meters. That's what we are talking
about.
Commissioner Plummer: You said on -street.
Mayor Suarez: Meters on street. Well, it could be off street, I suppose.
Mr. Odio: No, no, what he is doing Commissioner, he is waiving the money put
into the parking meters in a sense for a sticker.
Mr. Mulvena: Yes. Yes, let me clarify that Commissioner, yes. You know...
they add metered spaces.
Mayor Suarez: Mr. Manager, what is your opinion as to whether the authority
has the right to have been doing everything that they been doing for the last
couple of years?
Mr. Odio: They have, they have the right because when I negotiated with Roger
Carlton the control of parking meters, at that time it was clearly discussed
and they do have the right of parking meters.
Mayor Suarez: Based on what?
Mr. Odio: Based on the creation, when the Off -Street parking authority
ordinance were passed.
Mr. Fernandez: And besides that, in...
Mr. Odio: And besides that, I think it is in the charter.
Mayor Suarez: Could you provide the Commission with that ordinance somebody,
so that we can see it at the appropriate time, Mr. Vice Mayor.
Mr. Odio: It is in the Charter.
Vice Mayor Dawkins: Ah, Mr. Mayor and Mr. Mulvena, the Beat play after dark.
Is that right, mostly?
Mr. Mulvena: Yes. Generally, they are evening games, sir.
Vice Mayor Dawkins: And the meters that we are talking about, don't they have
a time on it that says that this is enforced from a certain time to a certain
time?
Mr. Mulvena: Yes, they do.
Vice Mayor Dawkins: So, therefor, you are giving a chit, for people to park
at a meter, where there is supposed to be no charge.
Mr. Mulvena: No. No, these hours are extended through the evening in the
arena area.
Vice Mayor Dawkins: Now, who? Why? There again, now, did, you come here and
get us to extend them through the afternoon?
Mr. Mulvena: Am... I don't believe we did on the arena. But, you know, we do
that in areas like Bayside.
Vice Mayor Dawkins: OK. We only, I think now, but let me go back to my blue
brother over here. We only discussing the arena, are we not, sir? We only
discussing parking around the arena, right?
Commissioner Plummer: 'That's what I thought.
Commissioner De Yurre: Right now.
Vice Mayor Dawkins: So don't, so don't, that's all, we are discussing right
now.
Mr. Mulvena: Right. OK. Yes.
50 April 12, 1990
Vice Mayor Dawkins: OK. So, we are talking about meters that have a little
red sign on there that says... --
Mr. Mulvena: On the inside.
Vice Mayor Dawkins: ...that violations, no, not the violations side.
Mr. Mulvena: No. I know what you mean. It's the hours of enforcement sign,
right inside the meter, right. _
Vice Mayor Dawkins: Yes, say it is enforced.
Mr. Mulvena: Right.
Vice Mayor Dawkins: So ;we're really giving a chit for a free time.
Mr. Mulvena: No.
Vice Mayor Dawkins: It is free. If it says that it's no charge, it's free.
_ Mr. Mulvena: But, it doesn't. We are very fastidious about what the sign
say, Commissioner.
Vice Mayor Dawkins: All right. Well, I'll tell you. At 12:00 me and you are
going to ride out there and see.
Mr. Mulvena: OK. We'll show you. —
Vice Mayor Dawkins: Instead of... Mr. Bailey, Mr. Mulvena will buy our lunch
-- after we go check the meters.
Mr. Plummer: Yes. But the problem, he'll buy ycu lunch but you got to pay
the meter. It's cheaper to buy your lunch.
Commissioner Alonso: That's right.
Mr. Mulvena: OK. It's a deal, I'll show you.
Mayor Suarez: And it will come back in the Authority budget... as an
expenditure.
Commissioner Plummer: Mr. Mulvena, very quickly, may I ask you a question?
There is a certain place in Coconut Grove that every night bags about six or
eight meters. Is that legal?
Mr. Mulvena: Yes. This is another program we have both downtown and Coconut
Grove. If somebody has a particular purpose like let's say, it's a filming of
a particular...
Commissioner Plummer: No. This is a disco.
Mr. Mulvena: Yes. That's also in the evening. We, they pay. Everybody
pays...
Commissioner Plummer: They buy the meters?
Mr. Mulvena: They buy the meters. And now in that instance by the way, there
is someone could argue that there are free meters because they are not
enforced beyond 6:00. But this company is willing to, in a sense, pay for
meters that are not normally paid for by quarters, because they want to have
exclusive access to the use around their property. So we charge them, you
know, a fee.
Mayor Suarez: On the basis of the estimated revenue that you would get if
they were not backed?
Mr. t;ulvena: Generally. We always the highest use is what we charge people.
Mayor Suarez: I hope other people are aware of the possibility of doing that
in front their business.
51 April 12, 1990
Mr.. Mulvena: well, they are, frankly. Remember, this .is legislated through
the Chamber., who handles all of our bagging program, the Coconut Grove
Chamber.
Mayor Suarez: OK. Anything further, before you get deeper and deeper into
it.
Mr. Mulvena: Yes. I've got the next item too.
13. EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE OF $3,500,000 IN CITY OF MIAMI
SUBORDINATED PARKING SYSTEM REFUNDING REVENUE BONDS, SERIES 1990 - FOR
THE PURPOSE OF CURRENTLY REFUNDING THE CITY'S SUBORDINATED PARKING
SYSTEM REVENUE BONDS, SERIES 1988 AND SECOND 1988 SERIES, WITH PROVISOS.
Mayor Suarez: Do you have the next item too, item 4?
Mr. Jack Mulvena: I believe, yes.
Mayor Suarez: Subordinated Parking System Refunding Revenue Bonds, Series
1990.
Vice Mayor Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded.
Commissioner Plummer: Discussion. Who is the bond counsel?
Mr. Mulvena: Same counsel as the City's Holland & Knight.
Commissioner Plummer: Who are the underwriters?
Mr. Mulvena: I think Sun Bank is the bank that has decided to purchase the
bonds.
Commissioner Plummer: They're the underwriters?
Mr. Mulvena: No.
Commissioner Plummer: Who is the underwriters?
Mr. Mulvena: We don't have an underwriter when we sell bonds.
Vice Mayor Dawkins: Why not?
Mayor Suarez: You don't need one.
Mr. Mulvena: We don't need one. We contract all this through just individual
negotiation.
Commissioner Plummer: Did Holland & Knight go through a process of bidding?
Mr. Mulvena: On this particular unit?
Commissioner Plummer: To be bond counsel. Well...
Mr. Mulvena: No, I think...
Commissioner Plummer: Why not?
Mr. Mulvena: Well, our attorney, our mutual attorney...
Mr. Fernandez: The Department of Off -Street Parking, for whom I'm also
general counsel, asked me to look at our rotation list which is still in
effect until you choose to do something else today, if at all, and then on our
52 April 12, 1990
11
rotation list it was,
Holland & Knight, it
that's how they got it.
of the two firms that we have, Greenberg-T:raur3g and
was Holland & Knight's turn next, and in that sense,
Commissioner Plummer: Thank you.
Commissioner Alonso: Why is this an emergency?
;
Ef
Mr. Mulvena: Well, it's an emergency Commissioner, because at the end of this
particular month, the original bonds that we sold through Barnett mature, so
you know, we need $3,500,000 to pay for these bonds.
Commissioner Alonso: Didn't you know it was going to happen?
Mr. Mulvena: Well, we knew in effect we wouldn't have enough money to pay for
all of it, but we were advised that we'd be able to rollover these bonds, or
this loan, as opposed to going out and selling new bonds, so the window opened
very, very late with regards to this new information, and I really apologize,
but that's the major reason that it is an emergency item, and not one that
would normally be presented to you a month before.
Mayor Suarez: OK, it was moved and seconded. Any discussion? If not...
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Vice Mayor Dawkins: One question, Mr. Mayor, please.
Mayor Suarez: Yew, Vice Mayor
Vice Mayor Dawkins: In the event that Holland & Knight is chosen when we
chose other bond counsels this afternoon, then because of this Holland &
Knight goes to the bottom of the rotation list?
Mr. Fernandez: That is completely up to you, sir. You may set for me
whatever parameters you instruct me to follow in the rotation henceforth.
Vice Mayor Dawkins: I will ask my question again, OK? We are on a rotation
basis, according to you, that's how Holland & Knight got this bond issue.
Mr. Fernandez: Correct.
Vice Mayor Dawkins: In the event that Holland & Knight is chosen as one of
the ones we're going to chose this afternoon, does Holland & Knight go to the
bottom of the rotating list, or do they go to the top?
Commissioner Plummer: In this particular issue?
Vice Mayor Dawkins: No, on this issue they already got it.
Commissioner Alonso: He's trying to identify the system that is used.
Mr. Fernandez: Mr. Dawkins, the answer to your question, in all honesty, it
could be yes, no and maybe.
Vice Mayor Dawkins: All right now, explain the maybe.
Commissioner Plummer: Would somebody interpret that for me?
Vice Mayor Dawkins: Explain the maybe.
Mr. Fernandez: Sir, to the extent that you are creating and constituting a
new list in which there may be one, two, three, four, five, up to eight bond
counsels...
Vice Mayor Dawkins: Right.
Mr. Fernandez: ... to that extent you can instruct me that I can institute,
that this is the beginning of a new list, or you can let me know, give me
instructions that you expect. the rotation to take basis, beginning with those
who are new to this list and giving them a first opportunity, and then after
they have had an opportunity, then those firms that for the past four years
53 April 12, 1990
—y
11
have been In the City service, then they would begin to get their f:i.rst.
chances after those new ones join in. That is a potential scenario, bit that
doesn't necessarily have to be the scenario, there is no restrictions of what
you may do.
Vice Mayor Dawkins: That's a good explanation of maybe.
Commissioner Alonso: That's the maybe —
Vice Mayor Dawkins: OK, thank you.
Commissioner Plummer: That's a definite maybe.
Vice Mayor Dawkins: Well, no further question, Mr. Mayor.
Connissioner Plummer: Well, let me, since I raised the question, let me go to
the defense. Since Chris Korge was so kind to do the pro Bono and cut in half =
the expenses for the Sports Authority, I think that they are entitled to a =—
bone, so I would say we throw them that bone, because he volunteered so
readily and so quickly this morning to cut his fee in half.
Commissioner Alonso: He was very anxious to do that.
Commissioner Plummer: He was most gracious this morning. After 20 years,
it's about damn time he does something for the City.
Commissioner De Yurre: Mayor, you know, the more I keep Holland & Knight's
name popping up, maybe we should think about privatizing the Legal Departmentl
Mayor Suarez: Do we have a motion?
Vice Mayor Dawkins: No further questions.
Commissioner Plummer: Jorge Fernandez working for Chris Korge!
Mayor Suarez: We have a motion and a second, do we not?
Commissioner Plummer: Yes.
Mayor Suarez: Read the ordinance. Was it read?
Vice Mayor Dawkins: He read it.
Commissioner Plummer: Yes.
Mayor Suarez: Call the roll.
54
April 12, 1990
11
AN ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA
AUTHORIZING THE ISSUANCE OF $3,500,000 IN AGGREGATE
PRINCIPAL AMOUNT OF SUBORDINATED PARKING SYSTEM
REFUNDING REVENUE BONDS, SERIES 1990, OF THE CITY FOR
THE PURPOSE OF CURRENTLY REFUNDING THE CITY'S
SUBORDINATED PARKING SYSTEM REVENUE BONDS SERIES 1988
AND SECOND 1988 SERIES, PROVIDING FOR THE PAYMENT OF
THE PRINCIPAL AND OF THE INTEREST ON SUCH BONDS FROM
AMOUNTS ON DEPOSIT IN THE GENERAL RESERVE ACCOUNT
CREATED PURSUANT TO THE ORDINANCE N0, 10115 OF THE
CITY WITH RESPECT TO THE ISSUANCE OF THE CITY'S
$16,275,000 PARKING SYSTEM REVENUE BONDS, SERIES 1986,
ON A PARITY WITH CERTAIN OBLIGATIONS OF THE CITY
ENTERED INTO PURSUANT TO ORDINANCE NO. 10186 OF THE
CITY WITH RESFECT TO THE ISSUANCE OF THE CITY'S
$2,000,000 SUBORDINATED PARKING SYSTEM REVENUE BONDS,
SERIES 1986, AND ON A PARITY WITH THE CITY'S
OBLIGATIONS UNDER A PARTICIPATION AGREEMENT WITH THE
FIRST MUNICIPAL LOAN COUNCIL PROVIDING FOR CERTAIN
COVENANTS AND AGREEMENTS 1N CONNECTION THEREWITH;
AWARDING THE SALE OF SUCH BONDS TO SUN BANK/MIAMI, NA;
AUTHORIZING THE CITY OR AN ENTITY APPOINTED BY THE
CITY TO ACT AS PAYING AGENT AND REGISTRAR WITH RESPECT
TO SAID BONDS; AUTHORIZING CERTAIN OFFICIALS OF THE
CITY TO EXECUTE ANY DOCUMENTS REQUIRED IN CONNECTION
HEREWITH; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES
OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION
WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING AN
EFFECTIVE DATE.
Was introduced by Vice Mayor Dawkins 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 Vice Maycr Dawkins 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 J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10722.
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.
55
April 12, 1990
2
C
------------- _ ------------------
14. DISCUSSION CONCERNING LENGTH OF TERMS OF OFFICE. OF MEMBERS OF THE OFF-
STREET PARKING AUTHORITY (SEE LABEL 33)
Mr. Plummer: And before Mulvena leaves, Jack, on Item 21 on the appointment
of the Off -Street Parking Board, is that normally a five year term?
Mr. Mulvena: It is. All of them are five year terms.
Mr. Plummer: I don'tremember that being that long a time.
Mt. Mulvena: Yes. Actually, why, it's because they are all five years but
they are staggered so...
Mr. Plummer: So one each year?
Mr. Mulvena: Generally, it's two each year and then there is a third that
come up, so that they are staggered.
Mayor Suarez: OK. And it's charter mandated?
Mr. Mulvena: Yes. It is charter mandated.
Mr. Plummer: I just, but I didn't remember a five. I think that's the
longest term of any appointment we make.
Mayor Suarez: It's the only... Yes. And it's the only one that's in the
charter.
Mr. Mulvena: That's five years, sir. Yes, I'm going to be here for that.
Mr. Plummer: OK. All right.
Mayor Suarez: Unfortunately, to change it requires a referendum... Sir?
Mr. Plummer: You want me to move 21 while he is here?
Mr. Mulvena: That will be nice.
Mr. Plummer: You want me to move 21? Oh, OK.
Mayor Suarez: We have to see his face again. All right
Item...
----------------
15. BRIEF DISCUSSION CONCERNING THE MIAMI SPORTS AND EXHIBITION AUTHORITY IN
CONNECTION WITH RENTAL SAVINGS AND BUDGET.
----------------------------------------------------------------------------------
Mr. De Yurre: Mr. Mayor, and one thing I wanted to point out just for the
record, and I know that J.L. has a great interest in the budget of the Sports
Authority. Right now we are in the process of saving $43,000.00 worth of rent
because we are looking at possibly moving from the Dupont Plaza, the offices,
to space that's available at the DDA, which is totally empty at this point in
time, so that would be a, saving of about $4,000.00 a month. So, we are
working on that, just for the record.
Mayor Suarez: OK. Would there be at some point a complete report?
Mr. De Yurre: Yes. We are just looking at the space to make sure it's
suitable. Right now we are on a month to month over at the Dupont Plaza. So
whatever is going to happen, it's going to happen in pretty short order.
Mayor Suarez: OK.
Mr. Plummer: Can I ask, Mr. Manager, we had it on an agenda item to go over
that budget item by item by item and it was deferred. When is itcoming back
up?
56 April 12, 1990
Mr. Odio: I thought you want to, I thought you had limited the amount of
dollars that it could use, and...
Mr. Plummer: No, I have a lot of questions which still are not answered.
$15,000.00 for telephones... $15,000.00...
Mr. Odic: Fine. Let...
Mayor Suarez: Yes. We limited the salaries but there were issues having to
do with other expenditures.
Mr. Plummer: Yes. The remaining portion of that thing was to be up before
this Commission to go through it and ask the questions.
Mr. Odio: Next meeting?
Mr. De Yurre: Well, we'll bring it up...
Mr. Plummer: Whenever, I mean it's...
Mr. De Yurre: OK.
Mr. Plummer: I mean, before the next budget is what I want to do.
Mr. De Yurre: Oh yes, we'll have it for you in short order.
Mr. Odio: I really wanted to get an opportunity for them to take over, but
I'll bring it in May or...
Mr. De Yurre: Do you just want a copy of the budget?
Mr. Plummer: No. I, for example Victor, I want to know why the Sports
Authority is spending $15,000.00 for telephones. OK? It seems very high to
me.
Vice Mayor Dawkins: They're trying to recruit a baseball team.
Mr. De Yurre: OK. Well... .
Mr. Plummer: I want to know why the Sports Authority is paying $15,000.00 for
parking. You know, these as it appears on a line item, parking for $15,000.00
seems to me to be totally outrageous. Now maybe there is a justification.
But until I have something in hand to say it is or it isn't, I've got a
problem with it. So that's what I'm asking.
Mr. De Yurre: OK. Let me ask, do you have a copy of the budget or not?
Mr. Plummer: Yes, sir.
Mr. De Yurre: OK. Can you just put your questions in writing and we will
have them answered for you?
Mr. Plummer:
That's a... you're putting the monkey
on my back. I'll do it
ij
j
that way.
_
1f
Mr. De Yurre:
OK, good.
if
Mr. Plummer:
Those two right off the bat. OK.
Lourdes, I'll like a
justification
on the $15,000.00 for telephones, and I
think it was $12,000 or
$15,000 for parking. Not now, send me a memo.
j
R
!t
:j
'i
i
I
a
57
April 12, 1990
16. SECOND REAPING ORDINANCE- AMEND 10642 - INCREASE APPROPRIATIONS FOR
"RENOVATION OF MANUEL ARTIME COMMUNITY CENTER" (PROJECT 333083) ($20,600
FROM A STATE GRANT).
----------------------------------------------------------------------------------
Commissioner Dawkins: Item 5.
Commissioner Plummer: I move Item 5. Yes. I move Item 5.
Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the
roll on item 5. Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10642, THE CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE, ADOPTED SEPTEMBER 26, 1989, AS AMENDED, BY
INCREASING THE APPROPRIATIONS FOR THE CAPITAL PROJECT
ENTITLED RENOVATION OF MANUEL ARTIME COMMUNITY CENTER,
PROJECT NO. 333083 IN THE AMOUNT OF $20,600 FROM
INTEREST EARNED FROM THE STATE OF FLORIDA DIRECT
APPROPRIATION GRANT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 8, 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
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. 10723.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
17. FIRST READING ORDINANCE; AMEND 10642 - INCREASE APPROPRIATIONS TO
"COCONUT GROVE EXHIBITION CENTER - RENOVATION AND EXPANSION" (PROJECT
415002) ($175,000 CONTRIBUTION FROM MIAMI SPORTS AND EXHIBITION
AUTHORITY).
-------------------------------------------------------------------------------
Mayor Suarez: Item 6. Capital Improvement Appropriations Ordinance.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion. If not, please call the roll.
58 April 12, 1990
AN ORDINANCE ENTITLED-
-; -
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, IN THE AMOUNT OF
-# $175,000, AS A CONTRIBUTION FROM MIAMI SPORTS AND '—
EXHIBITION AUTHORITY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
-
OWL-.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre, and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre —
Commissioner 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.
------------------------------------------------------------------------------
18. FIRST READING ORDINANCE: AMEND CODE, CHAPTER 54 ("STREETS AND
SIDEWALKS"), SECTION 54-104 ("NONSTANDARD STREET WIDTHS") TO MODIFY _
WIDTHS OF CERTAIN STREETS.
Mayor Suarez
Yes. Item 7.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Dawkins: Second. Under discussion.
Mayor Suarez: Second. Vice Mayor.
Vice Mayor Dawkins: Under discussion, somebody, why is it, on SW 3rd Street,
you going to increase the footage from 50 feet to 60 feet and then when you go
over on 1st over here by the Tobacco Road, you coming from, going down from 60
to 50 feet?
Mr. Louis Prieto: Ah yes, esir. The bridge has been reduced to 50 feet and
=`. since we had 60 fee right away there, there was no purpose in maintaining the
60 feet. We would return the remaining 10 feet back to the property owners.
l
Vice Mayor Dawkins: So who is going to remove the gutter and the curbing,
repave and put in sidewalks?
Mr. Prieto: That will not be done now, sir. That will be done whenever any
work is done in the future. All we are doing is permitting these people to
use that extra right--of-way.
Vice Mayor Dawkins: Use it for what?
Mr. Prieto: For whatever purpose they want to use it.
Vice Mayor Dawkins: So if they want, if they want to use it as a sidewalk,
who is going...
Mr. Prieto: They would pay for it, sir. They would pay for it. We have no
need of that right-of-way, therefore we are not going to impose the use upon
them.
59 April 12, 1990
s
1 Vice Mayor Dawkins: We have no right and you making it available, OK? And
- if I'm going in error-, Mr. City Attorney, correct me. We took it when we
-; needed it and used it, is that right? Because we need it...
_-� Mr. Fernandez: Correct. - -
_ Vice Mayor Dawkins: ...as a right-of-way. Now we took it from the people and
_ now we going to just give it back, because it's available and nobody is going a-
-! to take it back to the State or where it was when we took it, or nothing?
Mr. Fernandez: When you took it in the first place, you took it from private
property owners who dedicated it to the City for public purpose.
Vice Mayor Dawkins: Right.
Mr. Fernandez: If you no longer use that and there is studies made and the
whole process is properly followed to come here, the proper parties to give it
back to is to the owners, whoever they may be at this point in time.
Vice Mayor Dawkins: And give it back just like it is.
Mr. Fernandez: Yes. Exactly.
Vice Mayor Dawkins: No further question, Mr. Mayor.
Mayor Suarez: No further questions? We have a motion and second. Any
discussion? If not, please call the roll.
Ms. Matty Hirai: We need to read the Ordinance, Mr. Mayor.
Mayor Suarez: Read the Ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
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.
Was introduced by Commissioner Plummer 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.
60 April 12, 1990
19. FIRST READING ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS FOR S.W.
6TH STREET STORM SEWERS (PROJECT 352252) (FROM 1984 STORM SEWER GENERAL
OBLIGATION BONDS).
Mayor Suarez: Item 8, SW 6th Street Storm Sewer..
Commissioner Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10642, ADOPTED SEPTEMBER 28, 1,989, 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.
Was introduced by Commissioner Plummer 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.
20. FIRST READING ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS FOR
EXISTING PROJECT: "MORNINGSIDE STREET IMPROVEMENTS". (FROM 1984 STORM
SEWER GENERAL OBLIGATION BONDS).
Mayor Suarez: Item 9. Thank you.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second. Under Discussion.
Mayor Suarez: Discussion Vice Mayor Dawkins.
Vice Mayor Dawkins: Somebody tell me. This $200,000.00 dollars takes the
total amount to what?
Mr. Luis Prieto: The total expenditure is, I think it's $2,600,000.00.
Vice Mayor Dawkins: Is this $2,600,000.007
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: For street improvements in the Morningside area?
61 April 12, 1990
Mr. Prieto: Morningside streets a.nd storm drainage.
Vice Mayor Dawkins: OR. Now, keep this in mind so that when the residents
from Morningside come and say that we are riot doing anything in that area, I
want somebody to get up and bring this up.
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: This is $2.6 million dollars that we are spending in the
Morningside area.
Mr. Prieto: Yes, sir.
Commissioner Alonso: Good point.
Commissioner Plummer: On the other side of the coin...
Mr. Prieto: Yes, sir. The Manager suggesting we put a sign explaining what
we are doing there.
Commissioner Plummer: On the other side of the coin, I would like for you,
when these people who get up on TV from Flagami complaining about the water in
the streets, that you call that TV station and remind that Flagami voted
against the bond issue for improvements of storm sewers.
Mr. Prieto: Yes, sir.
Commissioner Plummer: We knew we were...
Commissioner De Yurre: You got. to understand. J.L. you got to understand one
thing, there have been improvements there and the improvements are messed up.
In fact, it's worse now with the improvements than it was before the
improvements. So that's a problem in that area and that. What happen, we had
those TV cameras, or monitors go down there and...
Mr. Prieto: That's, they are doing it now actually. The contract was late in
going out and they are actually taking television pictures of everything
there. We have most of the reports in and we now know where the breakages are
occurring.
Commissioner De Yurre: OR. Because these are the things... and we will get
the companies that did the work, they got to come back...
Mr. Prieto: Yes, sir.
Commissioner De Yurre: ...at no cost.
Mr. Prieto: Hopefully, sir. We will have to negotiate that.
Commissioner De Yurre: Well., let's negotiate that because you know, you have
got to find out who is at fault.
Mr. Prieto: Yes. We believe we know who they were. These were the lateral
contractors who were putting them in. At that time we let plumbers do it, now
based on that experience...
Commissioner Plummer: No relation?
Mr. Prieto: No, sir. No. We now require engineering contractors to do the
work.
Commissioner Plummer: That video will be known "Sally does Sewers."
Mr. Prieto: Thank you.
Mayor Suarez: Call the roll on the item before he gets into any trouble.
62 April 12, 1990
AN ORDINANCE FNTTTLED--
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
?.MOUNT OF $200,000 FROM 1984 STORM SEWER GENERAL
OBLIGATION BONDS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Plummer 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.
------------------------------------------------------------------------------
21_ AUTHORIZE AMENDMENT TO THE COMMERCIAL FACADE TREATMENT AGREEMENTS WITH
(a) NEW WASHINGTON HEIGHTS DEVELOPMENT CONFERENCE, INC., (b) ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY, INC., (c) SMALL BUSINESS OPPORTUNITY
CENTER, INC. AND (d) DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC. - FOR
CONTINUATION OF THE PROGRAM IN TARGET AREAS.
-------------------------------------------------------------•-----------------
Mayor Suarez: Item 10.
Commissioner Plummer: Mr. Mayor, I'll move it but I got some...
Mayor Suarez: Commission Plumier, you had a question?
Commissioner Plummer: ...I got some question on it if you got a second.
Mayor Suarez: Moved.
Vice Mayor Dawkins: Second. Under discussion.
Mayor Suarez: Discussion.
Commissioner Plummer: Under discussion, here again is New Washington Heights.
Now I don't want to deprive the merchants, it's a front program, but...
Mayor Suarez: It's probably not related to the other project. Is it Mr.
Manager?
Mr. Odio: No.
Commissioner Plummer: It's not related Mr'. Mayor, but it's the person who
will be distributing the funds.
Mayor Suarez: I'm just thinking that it's probably for sod improvement in
that particular area and...
Unidentified Speaker: That's what it is.
Commissioner Plummer: Yes. But the New Washington Heights is going to be the
deciding factor where that money and who receives what. I would ask...
63 April 12, 1990
0
Mavor Suarez_,: Are you satisfied, Mr. Manager or Commissioner that
Commissioner is concerned that they may have problems in their internal
management or something. Is that...
Mr. Odio: They are getting $8,400.00. What I can do is put a monitor to make
sure that it's done according to...
Commissioner Plummer: Well, I would like for Mr. Castaneda, to find that
article that appeared .in the paper...
Mr. Castaneda: We will have it here at 2:30.
Commissioner Plummer: ... trace it back, OK, and see whether or not there's
any validity in that article...
Mayor Suarez: Want to exclude that item for now on this...
Commissioner Plummer: Well, let's approve it subject to their approval.
Mayor Suarez: All right. Fine.
Commissioner Plummer: I'll move it.
Mayor Suarez: It's been moved and seconded. Any further discussion? Vice
Mayor Dawkins.
Vice Mayor Dawkins: Where are the telephone people?
Commissioner Plummer: They are working.
Vice Mayor Dawkins: Well, this is Southern Bell telephone.
Commissioner Plummer: No.
Mr. Odio: Number 10.
Commissioner Alonso: No, no, no. This is 10.
Mayor Suarez: Facade Improvement Programs for...
Vice Mayor Dawkins: OK. All right. What is 10?
Commissioner Plummer: Now, that's item 12.
Mr. Odio: Oh no, you are thinking about, I withdrew number 12, Commissioner.
Commissioner Plummer: You've withdrawn it?
Commissioner Alonso: Yes.
Mr. Odio: Yes, sir, we are in number 10. Facade...
Mayor Suarez: OK. We have no further discussion? If we don't have any
further discussion on item 10, call the roll on the resolution. Yes Vice
Mayor?
Vice Mayor Dawkins: Bear with me one minute. Al.lapattah Business, Small
Business, Downtown Business... This has to come back to us?
Mr. Odio: No, sir.
Mr. Castaneda: No, Commissioner, this is for entering into contracts to do
commercial facade in four areas.
Vice Mayor Dawkins: And the facade treatment for the New Washington Heights
is where?
Mr. Castaneda: I believe I left my book back there. Let me get it.
Vice Mayor Dawkins: Because New Washington Heights is located on 3rd Avenue.
There's nothing to...
64 April 12, 1990
LA
Mayor Suarez.: Facade.
Vice Mayor Dawkins: There's nothing to facade there.
Mayor Suarez: We going to build a facade.
Mr. Odio: There are a total of six businesses that they want to, they are
indicating they want to change six businesses' facade, so. There are 19 in
Allapattah, 11...
Vice Mayor Dawkins: You know, I'm the only one up here who seem to be...
Mr. Odio: Yes.
Vice Mayor Dawkins: ...a bad guy, but I have no problems with it, OK? Now we
went on 15th Avenue, we spent $44,000.00 in facade treatment and the people
can't go into the business for the drug trade. The drug sellers will not
permit people to go in to purchase stuff from the businesses that we improved
the appearance of. So now let me know you know, what you talking about doing
over here on 2nd Avenue please, or 3rd Avenue or wherever it is.
Commissioner Alonso: It says, six businesses.
Mr. Castaneda: Commissioners, I'm sorry I did not bring the addresses, if
you want, you can defer this item until this afternoon.
Vice Mayor Dawkins: No. We will move it and I just get with you and you
bring them to me, sir.
Mr. Castaneda: OK.
Mayor Suarez: Call the roll on the item, subject to the concerns expressed by
both Commissioners.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-282
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
COMMERCIAL FACADE TREATMENT AGREEMENTS DATED MAY 25,
1989, BETWEEN THE CITY OF MIAMI AND NEW WASHINGTON
HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC.
(NWHCDC), ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY,
INC. (ABDA), SMALL BUSINESS OPPORTUNITY CENTER, INC.
(SBOC), AND DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC.
(DMBA), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR
THE CONTINUATION OF THE COMMERCIAL FACADE TREATMENT
PROGRAM IN THE TARGET AREAS WITH FUNDS THEREFOR IN AN
AMOUNT NOT TO EXCEED $77,000 BEING ALLOCATED FROM THE
FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GR,!a4T FUND.
(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.
Commissioner De Yurre: Do we have also... where are we at with our 8th street
facade program?
65 April 12, 1990
Mr. Castaneda: I sat down with Little Havana Development Authority yesterday
and we are getting ready to bring to the Commission a joint. project between
the City and the County to rehab, I do not know the exact number of
businesses, but there are between 15 and 17th Avenue on 8th Street. And that
should be coming probably at the next month's meeting, Commissioner.
Commissioner De Yurre: Now. Between 15th and 17th Avenues?
Mr. Castaneda: That's correct.
Commissioner De Yurre: Which entails part of...
Mr. Castaneda: They are all the Latin Quarter.
i
Commissioner De Yurre: ...the speciality center. Now are we going to spend --
money on putting facade on something that we are going to knock down.
Mr. Castaneda: Oh no. Obviously not.
Commissioner De Yurre: Well good. So let's make sure of that.
Commissioner Plummer: No. No, no, wait a minute. The Speciality Center is
not between 15th and 17th Avenue. That's at 14th Avenue.
Commissioner Alonso: No, no. It's just past, the specialty center is between
14th and 15th.
Commissioner Plummer: Specialty center is between...
Commissioner De Yurre: OK. Between 14th and 15th, OK.
Commissioner Plummer: Yes. If that doesn't... Just ask me about Little_
Havana, I'll tell you.
Mayor Suarez: OK. We clarified that we are not going to fix up facades till
later, tear them down for the Latin Quarter Speciality Center. That's very _—
important.
Commissioner De Yurre: OK.
Mayor Suarez: Anything further? If not, item 11.
-------------------------------------------------------------------------------
22.
DESIGNATE AS A CATEGORY "B" PROJECT THE ACQUISITION OF PLANNING AND
DESIGN SERVICES, INCLUDING ENVIRONMENTAL ASSESSMENT STUDIES AND
PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE PROPOSED AIR
TRANSPORTATION SERVICE FACILITY AT WATSON ISLAND - APPOINT A
CERTIFICATION COMMITTEE, ETC. (Note: Appointed was Ana Gelabert,
landscape architect).
Mayor Suarez: Item 11.
Commissioner Pliunmer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Item 11, Vice Mayor.
Vice Mayor Dawkins: What? On 11, let's see who are the people.
Commissioner Alonso: Who are they? The three names.
Vice Mayor Dawkins: I got them here, bul-, what. would Mr. Clark Turner of the
Transportation Planner, how would he fit in into this?
Mr. Jack Luft: This is a facility that is by and large for transportation,
air services, and would have an important interface with MacArthur Causeway,
66 April 12, 1990
4
the intersect.ion and the access in service roads that will have to bn
improved.
Mr. Odio: Commission, he is a City employee.
Vice Mayor Dawkins: I know it.
Mr. Odio: OK.
Commissioner. Plummer: But who will operate the facility?
Mr. Odio: No, no wait. What we are doing is putting a This is a
UDP where we would give out this facility to be managed by the private sector.
Commissioner Plummer: But would we own it?
Mr. Luft: We would own it but...
Mr. Odio: We would own the facility, but it would be just like Merrill
Stephens or any other facility. We would have...
Vice Mayor Dawkins: And this grant is for how much for the... $300,000.00 a
year to plan.
Mr. Luft: The pool of money that we can draw from right now, is up to
$900,000.00, that is set aside for this site by the FAA (Federal Aviation
Administration). We don't know how much and it will depend on developing a
scope of services with the Federal Aviation Administration for this study, how
much money it will cost. I am guessing the study is in the neighborhood of
$50,000.00, is this first step.
Commissioner Plummer: What are you guessing the total cost of the facility
would cost?
Mayor Suarez: Can the money be used for actually building the facility?
Mr. Luft: Yes. The money...
Mayor Suarez: What might it cost Jack, if you have any estimate to answer
Commissioner Plummer's question?
Mr. Luft: It would probably, several hundred thousand dollars.
Commissioner Plummer: The facility?
Mr. Luft: The facility. We are talking access roads, lighting, security -
facilities, everything.
_
Commissioner Plummer: No, no. The facility itself would cost how much?
_t
Mr. Luft: I don't know. We have to do a plan, we need to find how big the -_
terminal should be, how much helipads would be needed, fuel facility, if
that's appropriate, there are many things that we have to study and I
-�,
couldn't...
=
Commissioner Plummer: And where would the money come for that?
-
Mr. Luft: All of that, world come from the federal government.
Commissioner Plummer: OK. Next question. How much land on Watson Island
would it be using?
Mr. Luft: Again, that's part of the objective of the study. Right now we are
looking at the Chalk's terminal and an adjacent site on the waterfront for a -
_
helicopter pads and approach area. It would be a few, couple of acres, it
could be somewhat larger, we don't know.
Commissioner Plummer: Well let me tell you something. If it is somewhat
larger than a couple of acres, you got a negative vote.
Mr. Luft: OK. One of the...
67 April 12, 1990
0
Commissioner Plummer: No, T'm telling you, for this vote, you bpt.ter start
right now in your planning, that that thing is not going to take over Watson
Island.
Mr. Luft: You're right.
Commissioner Plummer: Because I know how these things go when they start
planning.
Mayor Suarez: The whole idea of having it on the waterfront there, is to keep
the amount of space needed to a minimum.
Mr. Luft: That's right.
Vice Mayor Dawkins: Well., I'll be here, I'm here until 194, so I know I'm a
negative vote. I don't know J.L. will be here after the next vote or not.
Mr. Luft: OK. Let me point out one...
Commissioner Plummer: You ever heard of a recall procedure?
Mr. Luft: Just- so that you understand fully.
Mayor Suarez: All those elected until '93, now get an extra year until 194.
Yes Jack.
Mr. Luft: We have discussed, and it is in the master plan for the island, the
possibility of bringing back a blimp on a seasonal basis.
Commissioner Plummer: Well, if the blimp wants to come back on a seasonal
basis under the terms and conditions in which they told us to go to hell
before...
Mr. Luft: No. This is not...
Commissioner Plummer: Guess what? I'm going to be here to remind them to
tell them to go to hell in Pompano.
Mr. Luft: Goodyear is not interested, and we were not talking about Goodyear.
Commissioner Plummer: So we could get Fugi.
Mr. Luft: So I am saying that if we were to include a blimp, as a part of
this overall project, we would be talking about a large area of grass...
Vice Mayor Dawkins: Two acres period.
Mr. Luft: No. A grassy area for recreational fields which could be used,
during season for some blimps.
Vice Mayor Dawkins: I'll rephrase, I'll say it again. Two acres period.
That's all I am voting for.
Mr. Luft: For the facility?
Vice Mayor Dawkins: That's right. The rest of Watson Island must remain as
open space so that my grandson, when he gets grown and have children, he can
take his children to Watson Island and say this is what my great grandad was
telling about when he said open space.
Mr. Luft: Yes, sir.
Vice Mayor Dawkins: I don't want to see a...
Mr. Luft: We will make sure.
Vice Mayor Dawkins: ...airship or anything.
Mayor Suarez: OK. We have a motion and a second on this item, do we not?
Ms. Hirai: Yes, sir.
68 April 12, 1990
-i
Mayor Suarez: Call the roll if there's no further discussion.
Mr. Fernandez: No. Mr. Mayor, point of order, I believe that there is a
modification we need to...
Mr. Luft: The law requires that we appoint one additional staff member on the
Certification Committee, so we need a landscape architect...
Commissioner Plummer: We got Herb Bailey, who is the other one?
Mr. Luft: Landscape architect in the City, would be Ana Gelabert on the staff
of the Planning Department, so we asked that she be appointed to the
certification committee.
Mayor Suarez: OK. With that modification, do we have a motion and a second?
Commissioner Plummer: Sure.
Mayor Suarez: Second?
Commissioner Alonso: Yes.
Vice Mayor Dawkins: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-283
A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT THE
ACQUISITION OF PLANNING AND DESIGN SERVICES INCLUDING
ENVIRONMENTAL ASSESSMENT STUDIES AND PREPARATION OF
CONSTRUCTION DOCUMENTS FOR THE PROPOSED AIR
TRANSPORTATION SERVICE FACILITY AT WATSON ISLAND;
AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR THE
REQUIRED PROFESSIONAL SERVICES; APPOINTING A
CERTIFICATION COMMITTEE OF NOT LESS THAN FOUR
QUALIFIED PROFESSIONALS FROM THE CITY'S STAFF;
AUTHORIZING THE CITY MANAGER TO APPOINT A FIFTH
CERTIFICATION COMMITTEE MEMBER WHOSE PROFESSIONAL
EXPERTISE IS AVIATION PLANNING SUBSEQUENT TO RECEIPT
OF THE PROPOSALS, AND APPOINTING HERBERT J. BAILEY,
ASSISTANT CITY MANAGER, AS CHAIRMAN OF THE COMPETITIVE
SELECTION COMMITTEE, ALL IN ACCORDANCE WITH FLORIDA
STATUTES SECTION 287.055, AND CITY OF MIAMI ORDINANCE
NO. 9572, ADOPTED FEBRUARY 10, 1983, WHICH ORDINANCE
ESTABLISHED PROCEDURES FOR CONTRACTING FOR SUCH
PROFESSIONAL SERVICES AND ALSO ESTABLISHED NEGOTIATION
REQUIREMENTS WITH REGARD TO THE FURNISHING OF SUCH
SERVICES.
(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.
69 April 12, 1990
23. AUTHORIZE CITY ATTORNEY TO NEGOTIATE AGREEMENT WITH CERTAIN LAW FIRMS TO
SERVE AS PRIMARY BOND COUNSEL FOR FUTURE INDIVIDUAL CITY BOND ISSUES -
FOR THE. NEXT TWO YEARS. (Note: Selected were: (a) Fine Jacobson
Schwartz Nash Block & England, (b) Barnes Darby & McGhee, (c) Greenberg
Traurig Hoffman Lipoff Rosen & Quentel, and (d) Holland & Knight.)
-----------------------------------------•--------------•-----------------------
Mayor Suarez: Item 13.
Commissioner Plummer: I got a suggestion. Why don't we do it all in-house?
Mayor Suarez: Mr. City Attorney, how does it look? This is a question asked
every year.
Commissioner Plummer: Did you see the looks on their faces?
Mr. Fernandez: Is there a question, Mr. Mayor?
Mayor Suarez: As always, he said it in a humorous vein, but I want to, on the
record...
Commissioner Plummer: What do you mean, humorous?
Mayor Suarez: Maybe not so humorous. Can some of this work be done by your
own staff?
Mr. Fernandez: We do. We already do a lot of this work. But when it comes
to the...
Mayor Suarez: The actual opinion?
Mr. Fernandez: The actual opinions for purposes of insurability, I will
recommend to you and suggest to you that you do need outside bond counsel to
do it.
Mayor Suarez: There are eight firms that you consider qualified or have
passed, whatever the initial screening...
Mr. Fernandez: Yes. On March 16, I forwarded...
Commissioner De Yurre: Do we have a list in our...
Mr. Fernandez: Yes.
Mayor Suarez: Package.
Mr. Fernandez: Well, it was part of your package last time around and I don't
think .it was included in this package.
Mayor Suarez: Can you read the...
Mr. Fernandez: Certainly. The names of the eight firms that we examined
their credentials and they are all find, capable competent firms to be bond
counsel for the City of Miami, are, as follows. Firms or group of firms:
Number one, Barnes, Darby & McGhee, jointly with Matzner, Ziskind, Kosnitzky
and Jaffee. Two, Fine, Jacobson, Schwartz, Nash, Block & England. Three,
Foley & Lardner & Hill, jointly, with Valdes-Fauli., Cobb, Petrey, & Bischoff.
Four, Greenberg, Traurig, Hoffman, Lipoff, Rosen, & Quent.el. Five, Holland &
Knight. Six, Morgan, Lewis, & Bockius. Seven, Squire, Sanders & Dempsey, by
Kenneth Myers, Partner. And eighth, Steel, Hector & Davis, jointly with
Kutak, Rock and Campbell. Those are the eight firms and are a group of firms
that are in front of you for your consideration today.
Mayor Suarez: Herb, do you wart to make any kind of additional statement and
then we'll hear from the firms. I think the best bet would be to keep your
presentations to three minutes per firm of the ones that are here.
Mr. Herb Bailey: Yes. As I indicated before, because of the complexities of
doing a tax increment bond and because of the length of time that we've been
70 April 12, 1990
j
Involved with Holland and Knight and because of the many problems that we've
been able to resolve and well.! probably get the first tax increment bond that
=i
has ever been issued in this County. Regardless of this outcome, I still
would hope that you would consider that we would be able to retain them just
-
for the tax increment bonding piece. It would be very difficult for us right _
now to start the wheel over again. And I would just like to put that on the = -
record and we can adjust that in whatever way you want to, but when we issue -
our bonds, we do have our own funds.
J
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Mr. Vice Mayor.
Vice Mayor Dawkins: Could I hear from the gentleman from Steel Hector Davis? _
Mayor Suarez: Yes. And each of the firms will have an opportunity to make a
presentation not to exceed three minutes. -
_I
Vice Mayor Dawkins: See, now, I've constantly sat here and told bond - I told =
all of the firms, get me somebody in the firm who does bond work. Do not get
me someone that you have to joint venture with arid etcetera. Sir, will you
tell us your qualifications, where you have worked and what you have done in
the last three years.
Terrence Seyallah, Esq.: Mr. Mayor, Mr. Vice Mayor, members of the
Commission, my name is Terrence Seyallah. I am a new associate with Steel
Hector & Davis, having joined the firm on the 2nd of April. Prior to that, I
spent three years with Miller Canfield Paddock and Stone in Detroit, Michigan,
practicing bond law and before joining Miller Canfield, I graduated from the
University of Virginia Law School and preceding that, I was at Princeton
University. And I'm pleased to join my wife here in Miami. We're relocating, '—
as she begins her medical training. I'm pleased to come down to learn more
'1
about Miami and to assist with the City's effort to grow very quickly.
Vice Mayor Dawkins: But Steel Hector & Davis have you on as a member of the
firm doing bond work.
Mr. Seyallah: Yes.^-
Vice Mayor Dawkins: They are not joint venturing with you as a minority. —
—
Mr. Seyallah: That's correct. I am an associate in the firm and I will be
specializing in public finance. _
Vice Mayor Dawkins: Thank you.
Mayor Suarez: What, as long as you're on the mike, and any other firm, I hear
from Commissioner Plummer that may not be necessary to have individual
presentations. So if any Commissioners have questions, please make them at
this point and let's do it that way then. All right and I have a question for
Steel Hector. Why, with your competence, as expressed already, and what I
understand to be the competence of the firm in general fields, why do they
need, why do you need to have a joint venture with an out -of. -town firm? I
discussed this with one of your partners and he, ,you know, I suggested that
maybe an explanation ought to be given as to why you think that is needed
because this applies to more than one of the applicants.
Mr. Seyallah: Well, the more municipalities one can be involved with broadens
the prospective one brings to a particular transaction and having the
relationship with Kutak Rock gives Steel Hector and opportunity to access...
Mayor Suarez: Where's that firm from, counselor?
Mr. Seyallah: The partners with whom we work are based primarily in Atlanta
although that firm has offices in New York and Denver and Washington. And
having access and constant relationship with a firm like that, gives us access
to the experience that firm has in those cities across the country. And
others as well.
Mayor Suarez: And there's no one, locally, who has those capacities that you
would be able to apply on your own without having the Atlanta firm joining?
71 April 12, 1990
=i
-1 Mr. Seynllah: Well, as Steel Hector grows and continues to do transactions,
not only in Florida, we'll be able to say that we are able to fit that. bill. =-
I also should add that I've done a fair number of transactions in Michigan and
I'm sure those lessons will be valuable here, and that's one of the reasons =
they brought me.
Mayor Suarez: Commissioners, anything, any inquiry? —
j Commissioner Plummer: How do you want to do the voting?
=3
Mayor Suarez: Any proposals on how you want to select?
_ Commissioner De Yurre: Well, I would suggest, if I may, doing it on a ballot
F basis and putting up to five names that we would like to see and selecting
we've been selecting three before. If we want to change it to four, you know,
I got no problem with that.
Commissioner Plummer: I'd like to go to four.
Commissioner Alonso: Four.
Commissioner De Yurre: So, let's say you can put up to five names and the
four that get the most votes are in.
Commissioner Plummer: Fine with me. Now, let me ask one other question. For
how long a period of time?
Commissioner De Yurre: I think you have to do it at least for a couple of
years because we don't get that much work to begin with. _
Commissioner Plummer: I have no problem with a couple of years.
Mayor Suarez: Two years?
Commissioner Plummer: Just for clarification.
Mayor Suarez: And you're proposing that how many be selected to be on the
rotation?
Commissioner Plummer: Four.
Commissioner De Yurre: Well, we're talking about four.
Mayor Suarez: Four. Is that agreed upon, Commissioners?
Commissioner Alonso: Yes.
Mayor Suarez: That the consensus?
Commissioner Plummer: Yes.
Mayor Suarez: And we select, each of us, five firms and the four...
Commissioner De Yurre: Up to five. You don'thave to select five, but up to
five. You can select two, three, four, whatever. OK?
Commissioner Plummer: Do you want to read them or do you want to put in
paper?
Commissioner De Yurre: No, just put them in a piece of paper.
Vice Mayor Dawkins: May I have a piece of paper, sir?
Commissioner De Yurre: Yes, sir. No charge.
Commissioner Plummer: Mr. Mayor, while they're doing that, I see Tony
Pajar.es' replacement in the audience, Mr. Buice. Mr. Manager, I would like an
update on the Knight Center - excuse me - the City of Miami Convention
facility - I would like to know in a memo form, what the University is doing
or not doing in their contribution to help for that facility. I'd like to
know what the management firm is doing, are they making money or they're not
making money and I'd like to know what is the obligation of subsidy this City
is going to be required this year. You forward it to me in a memo.
72 April 12, 1990
�F
it
Mr. Odio: Yes, sir. By the way, they will. make $18,000 in operation profit
which will get...
Commissioner Plummer: The City is still subsidizing it.
Mr. Odio: Oh, yes, the debt service.
Commissioner Plummer-: Oh, yes. I want to know how much.
a
Mr. Odio: I will give you a report. �-
9
Commissioner Plummer: Great. Including the subsidy.
Mayor Suarez: Mr. City Attorney, for the record...
Mr. Fernandez: Yes, sir..
Mayor Suarez: One of the firms, and I see former Coral Gables Commissioner
Raul Valdes-Fauli here..
-
Mr. Fernandez: Yes, sir.
Mayor Suarez: ...indicatd to me in a fairly lengthy way, their community
involvement and things that they have been doing in the community,
specifically in the case of that firm, Mr. Rod Petrey. Are you satisfied that
all of the firms have - that are recommended, have a substantial amount of
community involvement in contribution to the community in a variety of
projects legally related and otherwise. Was that one of the things that you
looked at or that not a part of the qualification process up to this point?
Mr. Fernandez: That was not a substantial part of the qualifications that I..._.
looked at. That was, however, considered and, in our opinion, everyone of
these firms has either through the bar or through the community, made
contributions to Miami.
Commissioner De Yurre: Mr. Mayor, in that vein, you know, we're talking about
eight firms that are qualified to do the work for which they're anticipating
or wishing to be part of the process of being selected. Only four are going
to be selected. That means that four of them are going to be left out,
obviously. And I would like to, whether it's in the form of a motion or some
way send a message to those that are in a position to select underwriting
counsel, that they give strong consideration to the four that are not going to
be selected here so that, hopefully, maybe we can get all eight in to be
considered throughout this whole process, four that are going to be so - in
the bond counsel end of it and maybe that other four can be part of the
underwriting counsel concept and that way, they're all, you know, involved in
this process.
Mr. Fernandez: So long as it's very clear on the record, that it's only a
wish and a recommendation of yours, it's by no means a mandate or an
obligation that...
Commissioner De Yurre: No mandate but...
Mr. Fernandez: Right.
Commissioner De Yurre: ...I'm certain that...
Commissioner Plummer: You're saying that it can't...
Commissioner Alonso: Voluntary basis.
Commissioner De Yurre: Yes, it's like Plummer's voluntary program.
Commissioner Alonso: Just a suggestion, a suggestion.
Commissioner Plummer: So, we're sending a message to Garcia.
Vice Mayor Dawkins: That's a. motion?
Commissioner De Yurre: That's my motion.
73 April 12, 1990
Vice Mayor Dawkins: You understand it, Mr...
Commissioner Plummer: Well, you can't put it in a motion. We're sending a
message.
Commissioner De Yurre: No, just to show our feelings. You can show feelings
in a motion.
Vice Mayor Dawkins: Well, I agree with the feelings, if that's what we're
showing, feelings.
Mayor Suarez: Reflect the consensus of the Commisison not made into a formal
motion just to avoid the implication that it has any enforcement value to it,
that we'd like the four firms to be considered for underwriters counsel, the
ones tht are not selected for bond counsel by the City. And have that
conveyed to the underwriters at the appropriate moment, Mr. Finance Director,
and other members of the staff.
Commissioner Alonso: Yes, just a strong feeling that it's a nice idea.
Vice Mayor Dawkins: And your suggestion is that the three - I mean the four
that are not selected, be established, quote, unquote, as that list which
the...
Commissioner De Yurre: That can give strong consideration...
Vice Mayor Dawkins: They could give strong considerations to.
Commissioner De Yurre: That's right.
Vice Mayor Dawkins: OK, thank you.
Ms. Hirai: Mr. Mayor, we have tabulated and...
Commissioner De Yurre: Drum roll.
Ms. Hirai: ...the firm of Martin Fine, Fine Jacobson, got five votes.
Barnes, Darby got five votes. There is...
Commissioner Plummer: Wait, wait a minute. What was the last firm?
Ms. Hirai: Barnes, Darby and McGhee gets five votes.
Commissioner Plummer: Whoa, whoa. Who was that...
Commissioner De Yurre: That's the Matzner, Ziskind firm that team.
Commissioner Plummer: Oh, OK.
Vice Mayor Dawkins: That's number two on the list, is number one.
Commissioner De Yurre: Number one.
Commissioner Plummer: OK, OK, OK.
Commissioner Alonso: It's number one?
Ms. Hirai: The complete name is Barnes, Darby and McGhee, jointly, with
14atzner, Ziskind, Kosnitzky and Jaffee.
Commissioner Alonso: Five votes.
Ms. Hirai: So, we have two with five votes. There is a tie between the
Traurig firm and Holland and Knight, getting four votes each. Squire, Sanders
gets two votes. Steel Hector & Davis gets three votes.
Commissioner De Yurre: OK, so then we got the two with the five and the two
with the four.
Ms. Hirai: Yes.
74 April 12, 1990
Ms. Hirai: Yes.
Mayor Suarez: OK, would you read out the four firms that got either four or
five votes then one more time, just to be sure.
Ms. Hirai: Yes. For five votes each, Fine Jacobson gets five votes. Barnes,
Darby gets five votes. Greenberg Traurig gets four votes. Holland and Knight
gets four votes. Steel Hector & Davis got three and Squire Sanders got two
votes, Mr. Mayor.
Mayor Suarez: OK. Thank you, Madam City Clerk. I think that's...
Mr. Fernandez: Mr. Mayor, for point of clarification. Is it clear that is
for a period of two years?
Commissioner Plummer: Correct.
Mayor Suarez: Yes, do you want to build that into a motion at this point?
Mr. Fernandez: No, it's part of the resolution...
Mayor Suarez: I thought so.
Mr. Fernandez: ... that's in front of you that it has blank there for a
period of two years and something else that should be made clear on the record
that now with these four firms, I need to sit down with them and negotiate the
rate that they will be charging the City on the basis of the existing schedule
or better.
Mayor Suarez.: Or better. Preferably better.
Commissioner Plummer: That's a modified agreement.
Mayor Sua.:.z: OK, anything further that we need on this, Mr. City Attorney?
Vice Mayor Dawkins: This is a new list or does it... I mean, where does
Holland and Knight come now?
Mr. Fernandez: Well, let me explain to you what I intend to do and you tell
me as a Commission, whether I read you right. It is my intent to begin the
rotation basis using the two firms that heretofore have not been part of the
rotation list and then on the third and fourth issues that we would have, we
would bring in Greenberg Traurig
and Holland and Knight respectively. Have I
understood the will of the Commission?
Commissioner Plummer: Let me express the will of this Commissioner. I think
that what this Commission wants
to do is to be fair and
fairness means that
the amount of the bond issue is
just as important as the
rotation. You have
sent me here, I guess, a history of so many years in
which the two bond
counsels served, Holland Knight
and Greenberg, and it's
amazing to me that
they've come within $7,000 each
or $7,000 of the two firms, of spliting it up
-
" in what I would say is fairness.
So, I would say to you,
it is more important
to me, as a Commissioner, that
the four firms, whether
they're selected on
ti one, two, three, or four, that,
in fact, all four get an
equal portion of the
,x?
pie. That's...
Mr. Fernandez: Yes. That's the guiding principle that we have always used.
Commissioner Plummer: OK.
Mr. Fernandez: As you can see, for the last four years, that's what we have
done in essence.
Commissioner Plummer: Obviously.
Mr. Fernandez: And we intend to continue doing that in the future. Another
point of clarification, Mr. Mayor, that we need to make. In consultation with
Mr. Bailey, it has to our attention that the firm of Holland and Knight has
been working historically with the Overtown/Park West tax increment district
and all the bond questions that arise thereof. It is my intention, unless I
75 April 12, 1990
hear differently from you, to continue using that firm for the Overtown/Park
West and all of the bond issues that arise out of it because they're all
within that tax increment district and that's a very complex process.
Commissioner Plummer: But that would be a part of the forumula for...
Mr. Fernandez: Sure.
Commissioner Plummer: ...the equal. and fair...
Mr. Fernandez: That's right, of course. That will continue then to accrue to
their credit. As we move on, if there is any future bonds in that area, that
would be part of the amount that would be credited to them in the rotation
process.
Commissioner De Yurre: And just to be clear, you, as the City Attorney, will
advise the people that will be making the choices of the underwriters counsel
of our recommendation or of our feelings as to...
Mr. Fernandez: Yes, of course. I will make sure that your feelings in that
score is expressed to all underwriters.
Commissioner De Yurre: OK.
Mr. Fernandez: And, another point of clarification, Mr. Mayor. It is clear
then that this is for future bond issues because presently, we're right now
involved as we sit here and talk, we have already included...
Mayor Suarez: Obviously.
Mr. Fernandez: All right. It's for any future ones that would occur or be
designated after today. Could you hold on one second, Mr. Mayor, please?
Mayor Suarez: Did you need a vote on the prior item, to formalize a
resolution?
Mr. Fernandez: Yes. It is necessary for you to take a vote to...
Mayor Suarez: OK, I'll entertain a motion on 13 as prepared and concluded.
Commissioner De Yurre: Moved.
Commissioner Alonso: Second.
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. 90-284
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
NEGOTIATE AN AGREEMENT WITH CERTAIN LAW FIRMS TO SERVE
AS PRIMARY BOND COUNSEL FOR FUTURE INDIVIDUAL CITY
BOND ISSUES BETWEEN THIS DATE AND THE DATE OF APRIL
11, 1992, WHICH AGREEMENT SHALL BE FAIR, COMPETITIVE
AND REASONABLE IN THE JUDGMENT OF THE CITY ATTORNEY;
SHALL CONTAIN A FEE SCHEDULE WHICH SHALL BE EQUAL OR
LOWER THAN THE PRESENT FEE SCHEDULE; AND WHICH SHALL
BE IN SUBSTANTIAI. ACCORDANCE WITH THE PROPOSALS
SUBMITTED BY SAID FIRMS WHICH ARE LISTED AS FOLLOWS:
BARNES, DARBY & MCGHEE, JOINTLY WITH MATZNER ZISKIND
KOSNITZKY & JAFFEE; FINE JACOBSON SCHWARTZ NASH BLOCK
& ENGLAND; GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN
& QUENTEL; AND HOLLAND & KNIGHT.
(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:
76 April 12, 1990
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.
Mayor Suarez: I was going to suggest the City Clerk, that she reflect that
the Blues Brothers voted positively on this, but I heard them back there
anyhow, so they were out there.
Ms. Hirai: I did, sir. I did record their vote.
Mayor Suarez: OK.
Mr. Fernandez: Mr. Mayor, it's clear that the City Clerk will then be showing
your votes individually.
Mayor Suarez: Yes.
Mr. Fernandez: All right.
Commissioner Plummer: t.et me just clarify for the record. Mr. Myers asked
the question for clarification. He has served as the bond counsel for the
Health Trust...
Kenneth Myers, Esq.: The City of Miami Health Trust.
Commissioner Plummer: The City of Miami Health Trust. He will continue on
that as a separate item. Is that correct? Because as I understand it, it is
a separate entity.
Mr. Fernandez: Yes, that authority is a separate entity from the City.
Commissioner Plummer: OK, all right.
Mr. Fernandez: The City merely lends its good office and name to be able to
enable them to do that, but that's...
Commissioner Plummer: All right, for clarification on the record.
Mayor Suarez: They issue ITBs or they issue - what do they issue?
Commissioner Plummer: A lot of money.
Mr. Myers: The City of Miami Health Facilities Authority issues bonds through
you as a conduit, Mayor...
Ms. Hirai: Mr. Mayor, could we get his statement on the record, please.
Commissioner Plummer: Kenny, go to the microphone.
Mayor Suarez: Just as long as you're there, Ken, you can clarify for the
Commission what that authority does so that everybody understands.
Kenneth Myers, Esq.: The City of Miami Health Facilities Authority issues
bonds on behalf of the Commission as a conduit for health facilities. You've
done a substantial amount for the community in that regard with respect to
hospitals and health facilities.
Mayor Suarez: Is that based on special federal legislation?
Mr. Myers: No, it's based on chapter 154 of the Florida Statutes that allows
any City to establish a health facility authority. You've been...
Mayor Suarez: Then it enables all kinds of presumably, nonprofit or
semipublic or even private health facilities.
77 April 12, 1990
r
Mr. Myers: Nonprofit hospitals located within the City of Miami.
Mayor Suarez: To use the City as a conduit for the issuance of these bonds.
Very good.
Mr. Fernandez: Correct.
Mr. Myers: And you've been doing a real fine job in that area in helping a
substantial number of hospitals.
Mayor Suarez: Who is the chairman of that board, Ken?
Mr. Myers: Dr. Beber.
Mr. Carlos Garcia: Beber, Beber.
Mr. Myers: Dr. Beber, yes. Charles Beber.
Mayor Suarez: And the board is selected by?
Mr. Garcia: By the City Commission.
Mayor Suarez: By this Commission. OK.
Mr. Meyers: Thank you.
Mayor Suarez: Thank you. May not be a bad idea for the Commission to get a
quick written explanation of how the board functions and how they're appointed
and all what kinds of bonds they have been issuing, Carlos, so that everybody,
particularly new Commissioners might know, but, I think even those that have
been here for a while don't know too much about the Health Facilities
Authority. Thank you, Ken.
24. DISCUSS AND DEFER PROPOSED AGREEMENT WITH "WYNWOOD SNID PARTNERSHIP" -
FOR PROFESSIONAL PLANNING SERVICES CONCERNING TECHNICAL ASSISTANCE TASKS
REQUIRED UNDER FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE "SNID
AGREEMENT-).
Mayor Suarez: Item 14, is it?
Mr. Elbert Waters: Yes, sir, Mr. Mayor. Item 14 is recommended that the City
Commission approve the attached resolution authorizing the City Manager to
execute an agreement with the Wynwood SNID partnership for crime prevention
through environmental design for professional planning services, for a fee of
$30,000. Per the Wynwood safe neighborhood program, the City is eligible to
receive up to $30,000 to employ the services of experts in the field of crime
prevention through environmental design. The administration has solicited and
received experience, records, and letters from three firms who...
Mayor Suarez: I'll entertain a motion on this item, unless anybody has any
questions or problems with it. Commissioners. Did you want to address this,
sir?
Dr. Randall Atlas: Good morning, Mr. Mayor,
Mr. Vice Mayor and Commissioners.
My name is Dr. Randall Atlas from vice president
of Atlas Safety and Security
Design. I'm interested in stating, for the
record, for the safe neighborhood
b
technical assistance grant of $30,000.
We were ranked second for this
_
particular process and I wanted to bring to
the attention to the Commissioners
_
several important points why I feel Atlas Safety and Security Designs should
- `
be reconsidered for this particular technical
assistance. When the Planning
Department solicited this application they
were very clear in that they were
5,
looking for a local firm to do - of local
expertise to do this work. Atlas
Safety and Security Design is a Miami firm.
We live and work in the Wynwood
area. The Wynwood - the team that has been
selected...
Mayor Suarez: Live and work?
Dr. Atlas: Yes, sir, we - yes, sir.
i'
78
April 12, 1990
Mayor Suarez: Live? Who is the principal who lives in Wynwood?
Dr. Atlas: Myself, sir.
Mayor Suarez: What's your address in Wynwood?
Dr. Atlas: Thirty. -sixth Street and Biscayne Boulevard, the Charter Club.
Mayor Suarez: Thirty-sixth Street and Biscayne Boulevard, is...
Dr. Atlas: We are in the immediate district.
Mayor Suarez: Probably the edge of Wynwood as we define it? Is that correct,
somebody...
Dr. Atlas: That's correct.
Mayor Suarez: ..from Community Development target areas, does it go to
Biscayne?
Dr. Atlas: That's correct. However, we are definitely in the area as
compared to the other team which is the key consultant there is based out of
Broward County, City of Ft. Lauderdale.
Mayor Suarez: Who is the other firm? The one that was tentatively selected?
Dr. Atlas: The Wynwood SNID Partnership, which consists of people who are
basically primarily concerned with doing the $250,000 planning grant, are also
the same people who have been nominated to do the $30,000 technical assistance
grant.
Mayor Suarez: Is the correct, Elbert?
Mr. Waters: Well, there needs to be some clarification, Mr. Mayor. The firm
that the administration is recommending, first of all, also is located within
the Wynwood target area. There are three partners in that firm. One being
Mr. Roquib Albari, who is at the podium. We have Mr. - or Capt. Paul 'Ursulus,
who is the dean of the safe neighborhood legislation as a part of that team
and also, for the record, and as a part of their team, we have Mr. Mark
Gallegos, who is the counsel for the Wynwood Community Economic Development
Corporation and is thoroughly familiar with the area. They are in the area
excluding Mr. Ursulus, who resides in Broward County. However, the principal
of the firm is Mr. Albari.
Mayor Suarez: And there's no conflict with the fact that they include the
counsel for the Wynwood Economic Development...
Linda Kearson, Esq.: No, sir, there is no conflict.
Mayor Suarez: OK. Anything further, sir, you want to add?
Commissioner Plummer: Question that I've got to ask, why you chose the firm
out of Ft. Lauderdale over Dade County?
Mr. Waters: For correction, Commissioner Plummer. The principal of the firm
` is Mr. Roquib Albari whose offices are located at 2225 N.E. 34th Street. He
has aligned himself with Mr. Ursulus, who happens to reside in the Broward
County area, but the principal of the project resides within the Wynwood
Community Development target area.
Commissioner Plummer: Then, let me ask another question. And I'm sorry, I
may be asking it again, because I was out of the room for a minute. It is my
understanding that the selection that you made was the same firm that has got
the $250,000 planning grant.
Mr. Waters: No, sir. The recommended firm is a separate entity whose
principal task will be to provide technical assistance to the City
administration to assist the Wynwood Community Economic Development
Corporation with the preparation of the Wynwood safe neighborhood planning
grant.
79 April 12, 1990
N
Commissioner Plummer: They don't have a part of a $250,000 grant?
Mr. Waters: No, sir, they do not.
Mayor Suarez: Do you want to add anything, sir?
Dr. Atlas: Yes, sir. The principals who are part of the Wynwood Partnership
have been involved in the planning and in doing a lot of the planning and work
for the quarter million dollar grant. They may be called differently, they
formed this partnership for the exclusive purpose of going after the technical
assistance. Atlas Safety and Security Design is a full time security, crime
prevention consulting firm that does this full time, not moonlighting, not
after hours, not part time - full time. It would be our full time effort.
Further, we want to bring to your attention that we have experience with the
Opa-Locks safe neighborhood project and that the first two tasks for the four
tasks required involve analysis of crime data, analytic tools, research
methodology. I'm a full time criminal justice instructor at Florida
International University and the University of Miami. I teach criminal
justice classes at both places. This is beyond just a part time effort, I
submit to you. And, again, we are familiar with the area and this would be
our full time and full focused effort for this particular responsibility. To
ensure that, in fact, someone is monitoring the quarter million dollar grant
that is of the... of different, the people are, we'd like to...
Mayor Suarez: Different origination or different source or different purpose,
or whatever.
Dr. Atlas: That's correct, sir.
Mayor Suarez: Or all of the above.
Commissioner Plummer: Mr. Mayor - Mr. Manager, hearing all of that, what is
your recommendation, sir?
Mr. Roquib Albari: Can I say something?
Mayor Suarez: Wait, wait.
Mr. Odio: I'd like to send it back to reconsider. I want to hear that now.
I have not heard him before. I'm sorry.
Commissioner Plummer: OK. Bring it up on the next agenda.
Commissioner Alonso: Yes, I really think that...
Commissioner Plummer: Move that it be deferred.
Vice Mayor Dawkins: Second.
Commissioner Alonso: Yes, I really think that some points have been brought
to our attention that is important, the balance in separate entities and also
the idea that we have to be sure that work is checked and is properly done so
they can be paid so things that we should think it over and analyze carefully.
Mr. Albari: Can I have an opportunity to speak?
Mayor Suarez: You're part of the firm that is recommended?
Mr. Albari: Yes.
Mayor Suarez: Well, the motion is to defer. If you want to address that.
Mr. Albari: OK, yes. Good morning, Commissioners and Mayor. I think some of
the things that were said...
Mayor Suarez: Give us your name please.
Mr. Albari: My name is Roquib Albari. I'm principal of Albari and
Associates, we're both planners, architects and construction managers. Our
principal task is to serve as the general or managing partner of the...
80 April 12, 1990
IN i
Commissioner riummer: Sir, you're not, speaking to the motion of deferment.
Now, if you want to speak to that, you're in order.. If you don't, you're out
of or.der...
Mr. Albari: OK, I'd like...
Commissioner Plummer: ...and you can make those points to the Manager in his
decision making this week.
Mayor Suarez: Certain things have come to light today which have made the
Manager indicate that he's not ready with a recommendation. That's where the
motion to defer came in, I'm...
Mr. Albari: I'd like to speak to that. One of the big problems here is that
if we defer it, we're in jeopardy, as the City is in jeopardy of losing.
Mr. Odio: I'll bring it back April
approve it on the 26th. I have not
entitled - I'm going to hear you both.
Mr. Albari: OK.
26th. We wont' lose anything if we
heard them before. I think they're
Commissioner Plummer: And, just for the record, right now, my vote is
predicated on the Manager's recommendation. OK?
Mr. Albari: OK, thank you.
Mayor Suarez: Anything else, Bill, on that issue? We're deferring it, we're
not - I'll tell you, I'm going to go with the recommendation...
Mr. Rios: To defer.
Mayor Suarez: And I have not heard anything ... no, I'm going to go with the
recommendation of that firm. I've not heard anything to change my mind on it.
But, if you want to address the issue of the deferral itself...
Mr. Bill Rios: The issue of deferral is my biggest concern. However, the
Manager is probably - has reasons to defer it.
Commissioner Plummer: Bill, there's questions been raised that have got to be
answered.
Mr. Rios: All right. I apologize for not being here. My only address here
is relative to the deferral and that is the time constraints that we're
working under and DCA has also difficulty with deferring the item, but I'm
willing to acquiesce...
Mayor Suarez: This could create a problem with the timing of the grant
itself? -the safe neighborhoods grants itself?
Mr. Rios: No, what happens is that once it will go through the City, it has
to go to DCA and they have to also approve it which, in addition, takes more
time and the question of additional consultants is not necessary that I'm for
or against anyone in particular but the learning curve associated with
bringing on people who have not already been associated in one way or another
with the project. It took the people that were currently donating time, you
know, four months, to come up to speed to know what foreign trade zones are,
enterprise zones are...
Mayor Suarez: Yes, but that argues more to the merits of who should be
selected than the motion to defer.
Mr. Rios: Right, but those things are...
Commissioner Plummier: Let me tell you what also that I have problem with,
Bill.
Mr. Rios: Yes, sir.
Commissioner Plummer: If, in fact, you want to use a firm that has been
associated with a project and I understand the reason for that, then don't go
out and ask other people to come in and submit a proposal. To that, is a
81 April 12, 1990
farce. Because, if you're going to choose that, one firm, then you can choose
them. Anything under $50,000 of contracts, you don't have to go through a
procedure. So, what I'm saying is, don't put other firms through the arduous
process of submitting a proposal when you know from the day one that what firm
you want and you have the authority to do that. That's what I'm saying.
Mr. Rios: I understand. Let me address that very, very specifically. The
issue of getting the consultants was done sometime in January. And in
January, we had, in fact, asked people to come in and submit credentials.
Now, in January...
Commissioner Plummer: It's going to be deferred, OK? Let's move on. _
Mr. Rios: ...you know, on January, everyone was on level ground, Commissioner —
Plummer. And one group in particular decided to put in some time reference to
the project. That's the only difference and another one didn't. And that is,
in fact, my only case in this particular issue that...
Commissioner Alonso: And we should take that into account that they did pro
bono work and something to take into account and the experience that they have
into the program. So we should balance things...
Commissioner Plummer: Well, wait a minute.
Commissioner Alonso: ...and take the point... We should think and study this _
more carefully and make the best decision.
Commissioner Plummer: Madam Commissioner, pro bono, in my estimation, or my
definition, is free services.
Mr. Rios: That is correct.
Commissioner Plummer: The one firm is already got $250,000...
Mr. Rios: No, that is - no, that's absolutely not correct.
Commissioner Alonso: No, he has to... Bill, you have told me they have worked
and not charged. Is that true?
Mr. Rios: That is correct.
Commissioner Plummer: But, they are a part of the $250, 000 grant is what my
understanding is.
Mr. Waters: No, sir.
Mr. Rios: No, sir.
Commissioner Plummer: They're not part of that planning grant?
Mr. Waters: No, sir.
Commissioner Plummer: OK. All right. Hey, those are the questions we want
answers to. Do we need to call the roll. on the deferment?
Mayor Suarez: Yes.. Call the roll on the motion to defer, please.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS, ITEM 14 WAS DEFERRED
TO THE COMMISSION MEETING OF APRIL 26, 1990, 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.
82 April 12, 1990
s
25. RECOMMEND TO METROPOLITAN DADE BOARD OF COUNTY COMMISSIONERS PROPOSED
NAME CHANGES FOR SEVEN METROMOVER STATIONS - RECOMMEND AGAINST POSSIBLE --
DELETION OF PROPOSED RIVERWALK STATION.
-----------------------------------------------------------------------------------
Mayor Suarez: Item 15.
Mr. Elbert Waters: Yes, sir, Mr. Mayor, members of the City Commission.
Mayor Suarez: Proposed name change.
Mr. Odio: Yes, before you do that...
Commissioner Plummer: Ha, ha. That's from broke to broker to worse to bad.
Is that what we're naming them?
Mr. Odio: They have some names recommended but and in your packet, but I
wanted to put on the record, we are having problems with the option on the
river which is the... it's called the, it would be called the Ft. Dallas Park
propose. The problem is, there are four options for the river station and one
of them, which is the ideal, which is option two, and we send you a memo on
that before, is the one that would span the river without touching the water.
We wouldn't have to put anything, any fenders in the water....
Mayor Suarez: Which option is that, Mr. Manager?
Mr. Odio: Option two.
Mayor Suarez: The problem with the listing of them, I gave...
Mr. Odio: The problem is that it would cost...
Mayor Suarez: ...I gave back to your staff a little while ago, is that they
don't explain what options two and three are. They're in the background
information...
Mr. Odio: They have drawings on it. The option two would include...
Mayor Suarez: Two is the completely spanning the river?
Mr. Odio: Is the ideal. Sir?
Mayor Suarez: Two is completely spanning the river?
Mr. Odio: Completely spanning the river. It would mean that would be the
ideal solution, but it would cost an additional 2.3 million dollars to the
County. Option one calls for a small fender on the river protecting the
columns.
Mayor Suarez: What was that? -a small what, I'm sorry?
Mr. Odio: A small fender in the water edge.
Mayor Suarez: What is a fender? Can anybody explain what that...
Mr. Odio: A fender is a steel, like a steel column around the pilings that
over the bridge. In other words...
Mayor Suarez: But that would be one column in the river? One support.
Mr. Odio: It would be a fender protecting the columns of the bridge so that
if a ship comes along, it won't hit it.
Mayor. Suarez: And how many columns would that one have in the river?
Mr. Odio: The problem with the fenders, it would have one fender on one side.
The problem with that option is that the Coast Guard claims that it would -
that you could have an accident. We have proven with a barge that it would
83 April 12, 1990
not and we're now talking to the Coast Guard to convince them that that`s the
option we should use. Option three and four...
Mayor. Suarez: On the option you just mentioned, how many columns does it have
in the river? We heard about the fender...
Mr. Odio: It has one fender to pro... and that's the fen...
Mayor Suarez,: OK, the fender is the protective shield for the column but it's
one column, right?
Mr. Odio: Shield for the column. Right. And they object to that. However,
we feel that that would be the ideal solution is option two. And I think we
should press the County that even if they had to spend the 2 million three,
that they should.
Mayor Suarez: And one of the options is to abandon the idea of a station
altogether.
Mr. Odio: The option three is to put two fenders and it narrows the river
even more and then option four is to move it - to cancel the station which we
oppose. And I think we...
Mayor Suarez: Option three is two fenders and each one having a column.
Mr. Odio: That's right. And that's not acceptable.
Commissioner Plummer: What is the station that we oppose?
Mr. Odio: We didn't oppose any station.
Commissioner Plummer: Well, you said, can't item four...
Mayor. Suarez: Well, what is the station affected by this?
Mr. Odio: Oh, option four is the one that they said that they should
completely remove the station from there which is unacceptable because we need
the station on the river.
Commissioner Plummer: All right, now in a matter of priority, Bicentennial,
which in their projections shows a ridership of zero. Which is more
important?
Mr. Odio: Excuse me.
Commissioner Plummer: In their priority or our priority, the Bicentennial
station in the park, which they show projected ridership of zero, five million
dollars to build that station. Isn't it more important to us that that money
would be used to span the river in a proper fashion rather than putting in a
station that shows a ridership of zero?
Mr. Odio: Well, Commissioner, I'm not going to get to a Bicentennial argument
again. I still think it's important. I think the river station is more
important at this time. But, the Bicentennial for the long term is very
important. But, I think we have the right to demand. Dade County is the one
designing the Metromover system and if they have to have the ideal situation
on the river. We need a station there and if it costs two.million three, they
should have been aware of that before.
Commissioner Plummer: You know the response. You want it, you pay for it.
Mr. Odio: No, why should we?
Commissioner Plummer: Well, you wait and see.
Mr. Odio: Well, we are paying taxes on that. The City pays them.
Commissioner Plummer: Where are we, Mr. Mayor?
Mr. Odio: Well, I need some action from you as far as what should we do with
these options and ray recorrmendat ion is we tell the County that they have to
have the ideal option which is the span over...
84 April 12, 1990
Commissioner Plummer: So move.
Mayor Suarez: So moved.
Mr. Odic: And then, you need to name the stations.
Mayor Suarez: Second it. —
Commissioner Alonso: Second.
Commissioner Plummer: Subsidy, bad, worse...
Mayor Suarez: That would increase, if they find the funding, the County's
contribution from what we established one time as being $270,000 out of
$240,000,000, then I think we shifted another million dollars over to them by
refusing to allocate the monies for the so-called Overtown station which
really is more like Biscayne Boulevard almost, N.E. 2nd, I believe. And now,
-
we would be saying that, go ahead, and figure out a way to spend the money _
from wherever you can find it, right?
Commissioner Plummer: Right. -_
Mr. Odio: Yes.
Mayor Suarez: But, make sure there's a span across the entire river...
Mr. Odio: It's the alignment with...
Mayor Suarez: ...and that there is a station on the other side which would be
called whatever. The actual issue before us is the name, isn't it?
Mr. Odio: The ideal option.
Commissioner Alonso: Yes.
Mayor Suarez: What would that be called, just out of curiosity? Riverwalk
Station or River what?
Commissioner Plummer: It would be called big subsidy.
Mr. Odio: Which one? -the Riverwalk Station?
Mayor Suarez: Big Money Station.
Mr. Odio: They recommended it would be called Ft. Dallas Park.
Mayor Suarez: OK, and that's part of the...
Mr. Odio: No, and there is, wait - let me go down the list, Mr. Mayor. I
don't... Miami Avenue existing, that's located on Miami Avenue and S.E. 1st
Street.
Mayor Suarez: But those are the ones that are not in controversy. The one
that is part of the...
Mr. Odio: Yes, it should be called Flagler Street. Ft. Dallas Park existing,
should be called Miami Avenue Station.
Mayor Suarez: Commissioner. Alonso is inquiring as to which one is called
White Elephant?
Commissioner Alonso: White Elephant?
Mr. Odio: White Elephant is, according to...
Commissioner Alonso: Yes.
Mayor Suarez: Or is that the whole system?
Mr. Odio: ...to him is Bicentennial...
85 April 12, 1990
`
�
�
`
. Commissioner Alonno' Do we make it general? We name all. of them?
Mr. Odio. Elephant one.
� Commissioner Alonoo, White elephant. I'd like to see one of them named that
~ way.
_
� Mayor Suarez' The old white elephant Metromover. OK. We have a mo... '~~�
-
= Commissioner Plummer: Dawkins.
�
Vice Mayor Dawkins: Yea.
' '--
=� Commissioner Plummer: Don't you have anything to say about a white elephant?
-
-
- Vice Mayor Dawkins: Yes.
�
^ Commissioner Aloono; I make one black.
_ -
� Vice Mayor Dawkins: Paint him blue,
Mayor Suarez' We have a motion and a second. Anything else from the staff?
@�m=c
~/ Mr. Odio: Yea, the County is bidding on April, 17tb on this issue so we'll �a==
send them a resolution that you had just approved.
-- Mr. James Wellington, My name .. a James Wellington and I'm chairman of the @�a=
--. -
-^ Waterfront Advisory Board. In regards to that pier in the river, the Coast
-�� Guard/ I understand, has recommended o8uioet it. I spoke to Capt. Robinson
^ the �BC. , . the other day, that is my oodecotaudloB with him also. And also, ~~-
�.
_
Mayor Suarez: Gn you have no problem with the motion. The motion is to have
a span over the river without e column.
--
�
Mr. l�ellioBton, Over the river comPletely, with ontbio8 interfering with
�=
� /
river navigation.
�
Mayor Suarez: That's the motion before uo. Go, you agree on behalf... did
_= the board take a stand no that, the Waterfront Board?
Mr. Wellington: OK, Yes, eir, we did. We recommended against it. Thank
'
you.
=_
Mayor Suarez: OD' but favorable to this motion then. At least as to the ---'
` principle of having a complete span over the river. Any other further
guamti000Y If not, please call the roll.
ou�
Mr. Odio: Mc, Mayur...
Mayor Suarez: Yes, Mr. Manager?
= �=-
�r. 0dio, May I clarify something?
�=
�
- Mayor Suarez: Yes. ~~--
� Mr. Odic: That it should read that a opoo over the river but with a station
� there.
� Mayor Suarez: With a station, yes. OK. Call the roll,
- ~�-
= @��
~ §±�
86
April 12, 1990
0
r]
The following resolution was introduced by Commissioner Pliimmer, who
moved its adoption:
RESOLUTION NO. 90-285
A RESOLUTION, WITH ATTACHMENT(S), RELATING TO THE
METROMOVER EXTENSION PROJECT, APPROVING AND
RECOMMENDING TO THE BOARD OF COUNTY COMMISSIONERS OF
METROPOLITAN DADE COUNTY PROPOSED NAME CHANGES FRO
SEVEN (7) METROMOVER STATIONS AS PRESENTED BY THE CITY
ADMINISTRATION TO METRO DADE COUNTY ON JANUARY 16,
1990; FURTHER MAKING RECOMMENDATIONS TO METRO DADE
COU14TY AGAINST THE POSSIBLE DELETION OF THE PROPOSED
RIVERWALK METROMOVER STATION; AND DIRECTING THE CITY
CLERK TO TRANSMIT THIS ACTION TO THE METROPOLITAN DADE
COUNTY COMMISSION FOR ITS CONSIDERATION AND REQUESTING
FAVORABLE ACTION UPON SAID RECOMMENDATION.
(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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: John, the reason we added the additional proviso that there be
a station is that otherwise, they would try to do the span and go to the next
station and not have a Riverwal.k Station or a Ft. Dallas Station at all.
Mr. John Brennan: OK, thank you.
Mayor Suarez: Because they figure that that's expensive, etcetera, etcetera.
Mr. Brennan: But nothing in the river.
Mayor Suarez: No, sir. That's the recommendation.
Mr. Brennan: Thank you.
Mayor Suarez: Hopefully, we can carry that out.
--------------------------------------------------------------------------------
26. ALLOCATE FUNDS IN SUPPORT OF CONSTRUCTION OF MIAMARINA - FISHERMEN'S
PIER 5 - AUTHORIZE INCREASE IN CONTRACT WITH EBSARY FOUNDATION, INC.
(BAYFRONT PARK).
------------------------------------------------------------------------------
Mayor Suarez: Item 16.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Mayor Suarez: Second sixteen?
Commissioner Alonso: Yes, I second.
Mayor Suarez: Thank you. Any discussion? If not, please call the roll.
87 April 12, 1990
LA
0
The following resolution -was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-286
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$60,033, FROM MIAMARINA - FISHERMEN`S PIER 5, CAPITAL
IMPROVEMENTS (CIP) PROJECT NO. 413013 FUNDS, IN
SUPPORT OF THE CONSTRUCTION OF MIAMARINA - FISHERMEN'S
PIER 5; FURTHER AUTHORIZING THE CITY MANAGER TO
INCREASE THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA AND EBSARY FOUNDATION, INC., FOR THE
CONSTRUCTION OF MIAMARINA - FISHERMEN'S PIER 5 CIP
PROJECT, IN AN AMOUNT NOT TO EXCEED $60,033.
(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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
27. APPROVE SALE OF WASTE PAPER TO ALL FLORIDA WASTE PAPER, INC. - FOR
RENEWAL OF INTEROFFICE PAPER RECYCLING PROGRAM BY SOLID WASTE
DEPARTMENT.
Mayor Suarez: Item 17.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll on 17.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-287
A RESOLUTION APPROVING THE SALE OF WASTE PAPER TO ALL
FLORIDA WASTE PAPER INC., WHOSE PROPOSAL CONTAINED THE
MOST ADVANTAGEOUS FEATURES BEST MEETING THE NEEDS OF
THE CITY FOR THE RENEWAL OF THE INTEROFFICE PAPER
RECYCLING PROGRAM BY THE SOLID WASTE DEPARTMENT;
AUTHORIZING THE CITY MANAGER TO SELL THE WASTE PAPER
AT THE PRICE QUOTED WITH THE OPTION TO EXTEND THE SALE
PERIOD FOR AN ADDITIONAL YEAR.
(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:
88 April 12, 1990
AYES: Commissioner Victor De Yurr_e
Commissioner J. L. Plummer_. Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
28. REAPPOINT INDIVIDUAL TO BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (Reappointed was
William J. "Jack" Rabun).
Mayor Suarez: Item 18, reappointing to the board of trustees of AFSCME's and
Sanitation Employees Retirement Trust.
Commissioner Plummer: Who's the recommendation?
Vice Mayor Dawkins: What's the recommendation?
Commissioner Plummer: Mr. Manager, what's the recommendation on 18?
Mr. Odic: Excuse me, sir... that you reappoint one elected trustee member as
a member of the City of Miami Union Employees.
Commissioner Plummer: The name?
Mayor Suarez: Who are the people recommended?
Mr. Odio: Jack Rabun.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and seconded. Who's the other one?
Mr. Odio: That's it.
Commissioner Plummer: Just one.
Commissioner Alonso: That's it?
Mayor Suarez: OK, moved and seconded. Any discussion? If not, please call
the roll on 18.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-288
A RESOLUTION REAPPOINTING AN INDIVIDUAL TO SERVE AS A
MEMBER ON THE BOARD OF TRUSTEES OF THE CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST.
;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:
L-E
April 12, 1990
AYES: Commissioner Victor De Yurr.e
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-----------------------------------------------------------------------------------
29. (A) EMERGENCY ORDINANCE: ESTABLISH CONDITIONS OF SERVICE AT BOARD
MEETINGS BY ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD.
(B) APPOINT TWO INDIVIDUALS TO SERVE AS ALTERNATE MEMBERS ON CODE
ENFORCEMENT BOARD (Appointed were: Michael 'Zogby and Evonne
Raglin) .
-----------------------------------------------------------------------
Mayor Suarez: Code Enforcement, two alternate members.
Commissioner Plummer: Mr. Mayor, that's mine and we're trying to find the
name and I'll have it forwarded to you in a few moments.
Mayor Suarez: OK.
Mr. Jorge Fernandez: But, Mr. Mayor, point of clarification.
Mayor Suarez: You prepared a provision that specifies which of the two is the
first alternate?
Mr. Fernandez: Alternates. And that should first pass before you actually
make your appointments to eliminate confusion.
Mayor Suarez: I'll entertain a motion on that. Is it a resolution or an
ordinance?
Mr. Fernandez: No, it's an ordinance because we're amending the code section.
Vice Mayor Dawkins: We got another one, on an alternate?
Commissioner Plummer: Yes.
Mayor Suarez: It's just a motion to clarify which alternate serves first.
Commissioner Plummer: Mine is Michael Zogby.
Mayor Suarez: Mike Zogby.
Commissioner Plummer: Who had previously served and wishes to serve again.
Mayor Suarez: And who's the other alternate?
Vice Mayor Dawkins: Evonne Raglin is the second one.
Mayor Suarez: Evonne Raglin.
Vice Mayor Dawkins: For the two.
Mayor Suarez: So moved and seconded as to the two and ai.s...
Mr. Fernandez: Mr. Mayor, but a point of clarification. We first have to
have the ordinance in place so that when you appoint this alternate...
Mayor Suarez: OK, I'll entertain a motion on the ordinance.
Vice Mayor Dawkins: So moved.
Commissicner Plummier: Second.
Mayor Suarez: Read the ordinance. Call the roil.
90 April 12, 1990
AN ORDINANCE ENTITI,ED-
AN EMERGENCY ORDINANCE SETTING FORTH CONDITIONS WHICH
SHALL DETERMINE THE ORDER OF SERVICE AT A BOARD
MEETING BY THE TWO ALTERNATE MEMBERS OF THE CITY'S
CODE ENFORCEMENT BOARD AND PROVIDING THAT THE LATE
APPEARANCE AT A SCHEDULED BOARD MEETING BY A REGULAR
MEMBER SHALL NOT AFFECT THE CONTINUED SERVICE OF SUCH
ALTERNATE MEMBER(S) FOR THE REMAINDER OF SUCH BOARD
MEETING; FURTHER CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins 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 Yur.re
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonsc
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: No:_e.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10724.
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: Item 20. Waterfront Advisory Board.
Commissioner Plummer: Well, wait a minute, I got...
Mr. Fernandez: No, no, you're still on item 19, Mr. Mayor. Now you have to
come back to the resolution, to the appointing resolution.
Mayor Suarez: OK, I'll entertain a motion on those. I think we have it
already, but I'll take it one more...
Commissioner Plummer: I proffer...
Mr. Fernandez: And we, we must determine which, if Mr. Plummer's or the other
Commissioner's appointment, is the one that's going to be getting the two year
or the one year alternate.
Mayor Suarez: They can flip a coin for that.
Commissioner Plummer: Flip a coin is fine, but I...
Vice Mayor Dawkins: No, J.L. Plummer's been here longer than me. Let him
have the...
Mayor Suarez: All right. We don't need to flip the coin.
91 April. 12, 1990
0
E
Commissioner Plummer: OK, the name 7 proffer is Michael Zogby.
Vice Mayor Dawkins: And the one I proffer is Evonne...
Commissioner Plummer: And Dawkins said the two years.
Mr. Fernandez: Two years.
Mayor Suarez: Evonne Raglin.
Vice Mayor Dawkins: Raglin, who will be the second alternate...
Mayor Suarez: Moved and...
Vice Mayor Dawkins: ...for one year, I guess.
Mayor Suarez: Moved and seconded as to those two. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-239
A RESOLUTION APPOINTING TWO INDIVIDUALS TO SERVE AS
ALTERNATE MEMBERS ON THE CODE ENFORCEMENT BOARD OF THE
CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
30. FIRST READING ORDINANCE: AMEND CODE SECTION 2-75(E)(4) - MODIFY THE 30-
DAY PERIOD PRESENTLY REQUIRED TO BRING A ZONING VIOLATION BEFORE CODE
ENFORCEMENT BOARD.
31. BRIEF COMMENTS BY COMMISSIONER J.L. PLUMMER CONCERNING DISMANTLING OF
POLITICAL SIGNS.
Commissioner De Yurre: Mr. Mayor, before we go on to item 20, I requested and
have here... I'm going to make a motion to create an ordinance modifying the
45 day period to bring a violation before the Code Enforcement Board to 30
days.
Mr. Odio: To 30 days.
Commissioner De Yurre: To 30 days. And I'll read it in this fashion. "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 45 days to 30 days containing a repealer, severability clause
and providing for an effective date."
Commissioner Plummer: Well, let me ask a question. Why not. fifteen?
92 April 12, 1990
Commissioner De
Yurre: You can't. Well, J mean,
there's some time =
constraints as far
as
notices and all of: that.
--
- Mr. Fernandez:
Notice
and mail and everything else.
- Commissioner De
Yurre:
OK, if you guys - do you want to
read this into the
record?
'
Mr. Fernandez:
Yes,
it would be appropriate for me to
read that ordinance
into the record...
-
Commissioner De
Yurre:
Here.
— -
Mr. Fernandez:
...and
this would be a first reading
of that ordinance.
Correct?
Commissioner Plummer:
I thought you just read it.
Commissioner De
Yurre:
Do you have it?
- Mr. Fernandez:
Yes, I
do.
- Commissioner De
Yurre:
Well, go ahead and read it. You read it then.
Mr. Fernandez:
Yes.
This is an ordinance I'm...
-�
_ Commissioner De
Yurre:
Well, first of all, this is my
motion. I need a
- second on this.
-
Commissioner Plummer:
I second it.
Commissioner De
Yurre:
OK.
_
Mayor Suarez: Read the ordinance.
Commissioner De
Yurre:
Go ahead.
Commissioner Plummer: I thought...
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Commissioner Plummer: Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Plummer: Political signs have a limitation. They have to have a
permit even if on private property. Why have you not shown violations of
people that have political signs all over this damn town? And I'm saying that
right now because I'm not running so nobody can accuse me of trying to do in a
competitor.
Mr. Odio: We have picked up... I know we have picked up thousands of signs.
We just picked up a one corner that you told me about it. And two days later,
they were back up again.
Commissioner Plummer: But are you citing them before...
Mr. Odio: Yes, we have.
Commissioner Plummer: ...the Code Enforcement with a penalty?
Mr. Odio: We have given citations. Yes. I don't know the number of them but
we'll have to do it... I'll tell you, in the same corner you told me,
Commissioner, we took them down. Two days later, the signs for judges were
back up.
Commissioner Plummer: I'm not saying who. I don't want to be accused of
that. I'm just saying, even if they appear on private property without a
permit, they're illegal.
Mr. Odio: They would have to be cited. Yes.
93 April 12, 1990
Mr. Sergio Rodriguez: Right.
Commissioner Plummer: Are you citing that candidate for illegal activity?
Mr. Rodriguez: We're giving them a -.;itation. We give them so many days to
remove it and if they don't, we take it to the Code Enforcement Board. -
Commissioner Plummer: That's, no, no, no...
Mr. Rodriguez: Also then, remove them.
Commissioner Plummer: No, no, no, that's not the point. If they violated,
they're subject to the fine, not time to remove them.
Mr. Rodriguez: Usually, when you have any code violation, you have to give
the chance to a person to remove the violation,.. --
Commissioner Plummer: Not if it's a continuous offender. —
Mr. Rodriguez: Well, get your advice from your Law Department on this.
Commissioner De Yurre: Well, can't we just take them down?
FEW -
Mr. Rodriguez: We cannot take it down. —
Commissioner Plummer: Not on private property.
Mr. Odio: No, if it's in private property, what we do is, we notify them that
they have to take them down and give them a warning._
Commissioner Plummer: Why can't you just assess a fine?
Mr. Fernandez: In the case of repeat offenders, the state statute has just _
been amended and so we have also amended our code to provide that on repeated
violations, we can cite them and then force them to come in front of the board
and then assess a fee. We cannot assess a fee without having them...
Mr. Rodriguez: Go through a process.
Mr. Fernandez: ...giving them an opportunity to present their case in front
of the board.
Commissioner Plummer: OK, so that means we've accomplished nothing.
Mr. Rodriguez: Well, I think we do and we're going to continue working.
Commissioner Plummer: You'll not prove it by me. Everytime I ride down Dixie
Highway. You've accomplished nothingl
Mr. Rodriguez: We go again.
Commissioner De Yurre: Well, you know, let me - conceptually, what is the
difference? Why can we go into a lot, for example, that is got a lot of - the
grass is grown beyond what it should be and we come in and we take care of it,
we clean the lot and then we put a lien on the property. You know, there
seems to me like you're going on to the property, which is private, and you're
taking care of business. Why can't we do that in this situation?
Commissioner Plummer: You can, because they don't take out a permit. None of
them are taking out permits.
Mr. Rodriguez: Legal...
Commissioner De Yurre: Well, what I'm saying, it's something that's illegal
that's happening on private property. Do you follow what I'm saying?
Mr. Fernandez: I'm sorry, Commissioner, I didn't hear you.
Commissioner De Yurre: If we have the ability to go onto a lot, clear the
lot, and assess a lien on the property for whatever the cost was of clearing
that lot...
94 April 12, 1990
WON 1101001 NOW
Mr. Fernandez: Yes.
Commissioner De Yurre: ...which is private property.
Mr. Fernandez: Yes.
Commissioner De Yurre: Why then can't we use that same theory to go onto
private property and clean out the other violation? Theoretically speaking.
Commissioner Alonso: But, he's talking about the permit.
Commissioner De Yurre: No, but I'm going beyond permit, I'm talking about -
going in there and getting it out.
Commissioner Plummer: He's talking about the violation.
Commissioner De Yurre: And, you know, getting rid of it because if you gave =
them a notice, they'll still have the sign up for a whole bunch of additional
days.
Mr. Rodriguez: I believe, Commissioner De Yurre, and this is not a legal
answer, but I believe the reason you have in the cases of overgrown grass is
that you have a health problem in that case because you might have the problem
of debris and rats and things like that. I don't think you can use probably
the same argument when you have a case of opposer or...
Commissioner De Yurre: But, do we have an answer? A legal answer for this?
Mr. Fernandez: No, I need to look into that.
Commissioner De Yurre: Well, let's look into it because we may be able to do
it and we just haven't done it before.
Mr. Rodriguez: That might be it. That is a possibility.
Mayor Suarez: OK, call the roll, please, on the ordinance, Madam City Clerk.
Mr. City Clerk. Any City Clerk.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-75(E)(4) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
SIiORTENING THE PERIOD BETWEEN THE DATE OF A ZONING
INSPEC:TOR'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.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Plummer 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 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.
95 April i2, 1990
Lj
32 APPOINT AN INDIVIDUAL TO SERVE AS MEMBER OF MIAMI WATERFRONT ADVISORY
BOARD (Appointed was: Bill Harrington) (See label 36).
---------------------------------------------------------------------------------
Mr. John Brennan: Hey, can we get item 20, J...
Commissioner Plummer: No.
Mr. Brennan: Come on, J.L., be a sport.
Mayor Suarez: Please, please, please, John. You're a nice guy and all of
that but... What item is it that you wanted?
Commissioner Plummer: The next one.
Mayor Suarez: The next item, the Waterfront Advisory Board. Who's the
recommendation?
Vice Mayor Dawkins: Mine.
Commissioner De Yurre: Well, who's appointment is it?
Vice Mayor. Dawkins: Mine.
Commissioner Plummer: You got your appointment?
Vice Mayor Dawkins: Who ever they want.
Commissioner Alonso: Your's and Miller's.
Commissioner Plummer: Who do you want?
Mr. Jim Wellington: Oh, yes, Bill Harrington.
Vice Mayor Dawkins: All right. So move.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion of Bill Harrington? Call
the roll on Bill Harrington.
Commissioner Plummer: That's not from the Coconut Grove Bank, is it?
Mr. Wellington: No.
Mayor Suarez: It's been moved and seconded by...
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-290
A MOTION APPOINTING BILL HARRINGTON TO THE MIAMI
WATERFRONT ADVISORY BOARD.
(Note for the Record: Mr. Harrington was nominated by
Commissioner Dawkins. (Note: This motion was later
reconsidered by M 90-295).
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
96 April 12, 1990
k',
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.
Mayor Suarez: Another vacancy?
Mr. Wellington: John Singleton, former commodore of the Miami Outboard. Club.
Commissioner. De Yurre: Well, time out, that's mine.
Mr. Wellington: Correct, yes.
Commissioner De Yurre: And I'm going to hold off on that because...
Mayor Suarez: OK, we've got one appointment.
Commissioner De Yurre: OK, now another thing, Mr. Mayor, that talking about
the Waterfront Board. They've come to me and they've expressed concern that
they're not involved in the decision making process or, at least as far as
having input, when we're going through items that have to do with the
Waterfront Board.
Mayor Suarez: And there is an ordinance or a resolution that specifically
requires those items to go to them.
Commissioner De Yurre: OK, well, the thing is, that they're getting the
items, but they get them too late, like when an RFP is ready to go out, or
something like that, and I'd like to see if they can get some kind of input or
be in a position that they know what's going on before it's too late. This is
what they're telling me that John that it's kind of late by the time you guys
get any information.
Mr. Wellington: Correct.
Commissioner De Yurre: So, if that's been the problem, Cesar, I don't know
what your experience has been.
Mr. Odio: Well, I'm sure in some items they have received late. I'm sure of
that. We have a staff assigned to them on a permanent basis that work with
the...
Commissioner De Yurre: When we...
Mr. Odio: ...I don't see why marinas issue is coming up, that they couldn't
see it before.
Commissioner De Yurre: OK, let me ask you this. Do you set up like a
selection committee or process that you have? Could it be possible to include
a member of the Waterfront Board as...
Mr. Odio: We have.
Mr. Wellington: Right, yes...
Commissioner De Yurre: On an ongoing basis.
Mr. Odio: Yes, for instance, in the boatyard, he was the chairperson of that
process, so there is no problem in that.
Commissioner De Yurre: OK, so let's make sure that they have somebody in
there at all times so that they're not naught by surprise or so they can help
along in this process.
Mr.. Odio: No problem. Alberto...
97 April 12, 1990
Mr. Wellington: Commissioner De Yurre, I understand that nobody is allowed to _
review it until the final draft goes to the City Manager.
Commissioner De Yur.re: Well, I don't know.
Mr. Wellington: If I understand it correctly, the process says that the
preliminary drafts...
_ Mr. Odio: No, I don't want to show any preliminary drafts, because they
change considerably many times. —
Mr. Wellington: Yes.
Mr. Odio: And they are not public record. So we have to be careful on that.
_ I'll be glad to show you when the final draft is ready to be approved by the
Commission. Because they change many, many - in many ways. I have seen a
draft of FEC, Bicentennial three times.
Mr. Wellington: OK.
Mr. Odio: So you don't want to discuss something that it is not finalized.
But, we'll include you in the process so that once the final draft is finished
that you can take a look at it and get your input. No problem with that.
Mr. Wellington: Thank you.
Mayor Suarez: Thank you, Jim.
Mr. Wellington: And there seems to be a slight omission on today also on
number 20 because there is an alternate that has not yet been appointed.
Mayor Suarez: Well, let's make sure we get that. The chair...
Vice Mayor Dawkins: Number 20? What's 20?
Mayor Suarez: On the Waterfront Board.
Mr. Wellington: Thank you for taking us.
Mayor Suarez: Thank you, John.
NOTE FOR THE RECORD: At this point, Mayor Suarez
recognizes, in the audience, Japanese dignitaries from
the Kagoshima City Government and Board of Education
Delegation, namely: Mr. Katsumi Urhimura, Mr.
Junsaburo Kaieda, Mr. Masuo Taniguchi, and Mr. Toru
Minami.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:01 P.M. AND RECONVENED AT 2:48 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
33. (Continued Discussion) CONFIRM APPOINTMENT OF MICHAEL KOSNITZKY TO OFF-
STREET PARKING BOARD (See label 14).
NOTE FOR THE RECORD: Mayor Suarez recognizes former
County Commissioner Beverly Phillips who was present
in the chambers.
48 April 12, 1990
Mayor Suarez: All right, item 21, I guess, is the one we're up to. Am I
correct? The appointment of Michael Kosnitzky to Off Street Parking Authority
Board.
Commissioner Plummer: We did that. No, we didn't.
Mayor Suarez: I'll entertain a motion on it.
Commissioner Plummer: I don't have any glasses. I'll move it.
Commissioner De Yurre: Second.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the -
roll.
Commissioner Plummer: For the record and clarification, Mr. Mayor, that is
the name that is proffered and recommended by the board.
Mr. Jorge Fernandez: Yes.
Mr. Jack Mulvena: it is, Commissioner, yes.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-291
A RESOLUTION CONFIRMING THE APPOINTMENT OF MICHAEL
KOSNITZKY TO THE OFF-STREET PARKING BOARD OF THE CITY
OF MIAMI FOR A FIVE YEAR TERM EXPIRING FEBRUARY 28,
1995.
(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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Mayor Suarez recognizes Mr. Earl
Phillips, newly appointed director of Housing and
Urban Development, little HUD, for the County, who was
present in the chambers.
M 99 April 12, 199^
Lj
LAI
34.. (Continued Discussion) COMMISSIONER PLUMMER DIRECTS CITY ATTORNEY TO GET
TOGETHER WITH JACKIE BELL, REPRESENTING THE NEW WASHINGTON HEIGHTS
COMMUNITY DEVELOPMENT CONFERENCE ("STATE PLAZA/MIAMI ARENA MIXED -USE"
PROJECT) - CONCERNING APPARENT DISAGREEMENTS AS TO FUNDING. (See label
12A).
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: Mr. Mayor, there is some contention by the New
Washington Heights and I'm merely asking for the record, Mr. City Attorney,
there is supposedly a ruling that contradicts what we were told by Mr. Bailey
this morning, that redevelopment money could not be used and the fact that it
was an Off Street Parking Authority property and the only way it could be, is
if we bought it.
Mr. Odio: And if it is not a private venture.
Commissioner Plummer: OK, the reference that came back to me, and I'm sure
the rest here, unless the City bought the property, redevelopment money could
not be used.
Mr. Fernandez: Correct.
Commissioner Plummer: OK. There is supposedly an opinion that is to the
contrary.
Mr. Fernandez: From whom?
Commissioner Plummer: From... I don't... would you get together with Jackie
after the meeting or assign somebody to talk with her?
Mr. Fernandez: Well, certainly.
Commissioner Plummer: Her contention is that she has an opinion to the
contrary.
Mayor Suarez: Jackie Bell, Mr. Manager.
Commissioner Plummer: Jackie Bell.
Mr. Fernandez: From an attorney that is experienced in bond counsel.
Commissioner Plummer: I don't think Jackie writes opinions, but get with her
because she has one that is contrary to what we were told and all I'm asking
is to clarify it.
Mr. Odio: By the way, Commissioner, you asked for the newspaper account...
Commissioner Plummer: Right.
Mr. Odio: And I read them. We have the copies for you here. What happened
—_ is, the County decided not to fund them any more because for they had received
over a million dollars over the many years and nothing had happened. But it
was not because of wrongdoing. But because of failure to develop anything.
Commissioner Plummer: OK, well that's - thank you for that clarification on
the record and you will then keep that in mind in your recommendation. Thank
you, Mr. Mayor.
Mayor Suarez: Thank you. Commissioner, that should clarify that there is no
negative licensing issues or anything related to the agency, just taking away
of certain funds by the County.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Let the record reflect that Jackie, from the back of the room,
is indicating the County problems have been solved. I'm not sure if that
means that the funding has been obtained or not, but...
100 April 12, 1990
x
Ms. Jackie Bell: Yes, sir.
Mayor Suarez: OK, she's .indicating yes.
35. APPOINTMENT TO URBAN DEVELOPMENT REVIEW BOARD:
(A) Mayor Suarez nominates Robert E. Chisholm and Humberto Alonso.
Commissioner Plummer nominates Wayne C. Williams and Willie
Bermelio.
(B) Commissioner Dawkins nominates Roquib Albari and Ed Wright.
(C) Brief comments concerning Commissioner Alonso's intended
appointment of Kevin Marshall to the Affirmative Action Board
(See label 37).
(D) Commissioner Alonso nominates Jose Ferradaz and Jacek Schindler.
(E) Commissioner De Yurre defers both his appointments.
--------- ---------•------------------•-----------------------
Mayor Suarez: All right, City of Miami Urban Development Review Board.
Guillermo.
Mr. Guillermo Olmedillo: Yes, Mr. Mayor, you got the appointments to the
UDRB. I have to remind you that appointments have to be confirmed by motion.
We only have... by resolution, we only had a motion. And you have to assign
the term that they would have. We have four 3-year terms, three 2-year terms,
and the other three will be also will be one year terms.
Mayor Suarez: You know, those things, as far as I'm concerned, can always be
done and I don't anybody on the Commission would disagree, can always be done
by ,yourselves and staff by whatever, you know...
Vice Mayor Dawkins: Pull a lot, anything you all want to do.
Mayor Suarez: Yes, you don't- we don't have to get into that each time. It's
confusing for us. How about the actual appointments? Have they been made?
Mr. Olmedillo: No, you made two appointments, Humberto Alonso and Billy
Chisholm.
Mayor Suarez: Right. Bob Chisholm.
Mr. Olmedillo: Commissioner Plummer already advised us of Wayne Williams and
Willy Bermello. The four of them being architects but we would like for you
to do it by - not by motion, but by resolution.
Mayor Suarez: OK.
Mr. Olmedillo: So, I would like to have you confirm those.
Mayor Suarez: I'll entertain a motion as...
Vice Mayor Dawkins: Hold it, don't I have an appointment?
Mayor Suarez: Yes.
Mr. Olmedillo: You have two appointments, sir.
Vice Mayor Dawkins: I have two?
Mr. Olmedillo: Yes, sir.
Mayor Suarez: I'll entertain a motion as to those four and it will be in the
form of a resolution.
Commissioner Plummer: So move.
Mr. Fernandez: Mr. Mayor, point of order.
Mayor Suarez: Yes.
101 April 12, 1990
Mr. Fernandez: The way that the ordinance stands presently, you must, in
recommending, you must determine who will occupy what term. So, of your two
appointments, Mr. Mayor, Alonso and Chisholm, you need to say who is going to
be on the three years and then on the two years. No, it cannot.
Mayor Suarez: Chisholm three and Alonso two. It doesn't really matter.
Commissioner Plummer: You decide, OK?
Mayor Suarez: Yes.
Mr. Olmedillo: Right.
Vice Mayor Dawkins: OK.
Mayor Suarez: We have a motion and do we have a second? Somebody second.
Vice Mayor Dawkins: Second, Mr. Mayor.
Mayor Suarez: Cal]. the roll on those four appointments and we'll get the
other ones as soon as the Commissioners have them ready.
Vice Mayor Dawkins: I have mine.
Mayor Suarez: Very good.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-292
A MOTION APPOINTING ROBERT E. CHISOLM, HUMBERTO
ALONSO, WAYNE C. WILLIAMS AND WILLIE BERMELLO TO THE
URBAN DEVELOPMENT REVIEW BOARD.
(Note for the Record: Messrs. Chisolm and Alonso were
nominated by Mayor Suarez. Messrs. Williams and
Bermello were nominated by Commissioner Plummer.
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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Dawkins: OK, Ed Wright is already there. Is that right?
Mr. Olmedillo: Yes, sir.
Vice Mayor Dawkins: All right, I want Roquib, R-O-Q-U-I-B-A-L-O-B-O-R-I.
That's the same guy that was out here standing up here, the black guy was
standing up here this morning.
Commissioner. Plummer: Sounds like he's from Beni -Rana.
Vice Mayor Dawkins: OK, no problem. And he's not a black Hispanic, a black
American.
Mr. Olmedillo: The only thing being that if it's an architect or a landscape
architect. He would have to either one.
Mayor Suarez: I think he's indicating - isn't he a licensed professional in
the field? What he is...
Mr. Fernandez: He's a lawyer.
102 April 12, 1990
"N
Vice Mayor• Dawkins: He's a licensed professional architect. That is what you
all told me to find.
Mr. Olmedillo: Yes, sir.
Vice Mayor Dawkins: All right.
Mayor Suarez: So moved as to Mr. Roguib. Do you want to second?
Vice Mayor Dawkins: Second. I move it, yes.
Commissioner Plummer: Move it.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 90-293
A MOTION APPOINTING ED WRIGHT AND ROQUIB ALBARI TO THE
URBAN DEVELOPMENT REVIEW BOARD.
(Note for the Record: Messrs. Wright. and Aibari were
nominated by Vice Mayor Dawkins).
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
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: All right, if there's any other appointments to be made at
this...
Commissioner Plummer: What about Affirmative Action?
Vice Mayor Dawkins: Who's appointment is that?
Commissioner Plummer: Who's that?
Commissioner Alonso: Mine.
Vice Mayor Dawkins: OK.
Commissioner Alonso: Kevin Marshall.
Commissioner Plummer: Kevin Marshall?
Mayor Suarez: Nominated for the Affirmative Action Advisory Board, Kevin
Marshall.
Vice Mayor Dawkins: Second.
Commissioner Plummer: Move.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call...
yes, Guillermo.
Mr. Olmedillo: I don't know if the other Commissioners had any other
appointments to make on 22 because they have two each.
Commissioner Plummer: That's what we asked.
Mr. Olmedillo: Yes, well, that's what I said, I said two each.
103 April 12, 1990
j
Lj
Mayor Suarez: That's what I asked and I haven't gotten any, but who is
missing some?
Commissioner Plummer: Do I have two that are there presently?
Mr. Olmedillo: You already appointed two, you sai.d...
Commissioner Plummer: So, I have none then to make.
Mayor Suarez: Right.
Mr. Olmedillo: Not any more. Then...
Commissioner Plummer: Well, that's what I was asking.
Mayor Suarez: So, who has some to make?
Mr. Olmedillo: Commissioner Alonso and...
Commissioner Alonso: Jacek Schindler and Jose Ferradaz.
Mr. Odio: You remain six appointments. Six appointments are remaining.
Mayor Suarez: OK, Commissioner Alonso has Jose Ferradaz. Who's the other
one, Commissioner?
Commissioner Alonso: Jacek Schindler I gave the names already.
Mayor Suarez: Who? Why don't you read them into the..:
Commissioner Alonso: You have the forms. You have my - the forms completed
and everything.
Mayor Suarez: Why don't you read them into the record and we'll entertain it
in the form of a motion.
Mr. Olmedillo: Schindler and Jose Ferradaz from Commissioner Alonso.
Commissioner Alonso: Yes.
Mayor Suarez: OK, so moved as to both of those. Seconded, Commissioner
Plummer. Call the roll.
Commissioner. Alonso: Excuse me, you have the forms and everything they apply.
Mr. Olmedillo: Um hum.
Commissioner Plummer: Victor, you got yours?
Commissioner De Yurre: Not yet.
Commissioner Plummer: OK.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-294
A MOTION APPOINTING JOSE FERRADAZ AND JACEK SCHINDLER
TO T10 URBAN DEVELOPMENT REVIEW BOARD.
(Note for the Record: Messrs. Ferradaz and Schindler
were nominated by Commissioner Alonso. (Note: pending
still are two appointments to be made by Commissioner
De Yurr.e.)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
104 April 12, 1990
AYFS: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins �_
Mayor Xavier L. Suarez
NOES: None. —
ABSENT: None.
Mayor Suarez: And then we have a nomination... —
--------------------------------------------------------------------------------
36. (A) (Continued Discussion) RECONSIDER PREVIOUS VOTE ON APPOINTMENTS
TO THE MIAMI WATERFRONT ADVISORY BOARD.
(B) APPOIN:P BOB LEWIS TO THE WATERFRONT ADVISORY BOARD. (Mr. Lewis
was nominated by Commissioner Dawkins at the suggestion of
Commissioner Plummer.) (See 'Label 32).
-------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, could I ask consideration? The last
appointment to the Waterfront Board. What was that name?
Commissioner De Yurre: That was my appointment.
Commissioner Alonso: Who was it?
Vice Mayor Dawkins: Yes, he put in...
Commissioner De Yurre: There were two appointments. One, that I reserved for
future consideration.
Commissioner Plummer: OK, and the other one was your appointment, but you
didn't know who he was.
Vice Mayor Dawkins: Yes.
Commissioner Plummer: Could I ask consideration? I have had a phone call
from one of the foremost men in the Waterfront around here who would like to
be considered...
Commissioner De Yurre: Flipper.
Commissioner Plummer: ...and since they had no choice, Bob Lewis.
Vice Mayor Dawkins: Bob who?
Commissioner Plummer: Bob Lewis. And I would like, for consideration, since
they had no really no opinion. Does anybody have any problem with that? It's
your appointment, Commissioner.
Vice Mayor Dawkins: It's my...
Commissioner De Yurre: What's the composition of that board?
Vice Mayor Dawkins: ...my appointment. I'll acquiesce to my Blue Brother.
Commissioner Plummer: All right, then, could I ask for reconsideration,
please, on that item?
Vice Mayor Dawkins: Seccnd. Second.
Mayor Suarez: I think we can just go ahead and take it. We can go ahead and
take it for one that is still pending. So, we have a motion and a second.
Any further discussion on that appointment? If not....
Commissioner De Yurre: Well, whoa, whoa, whoa...
Commissioner Plummer: No, no, no, that's his.
105 April 12, 1990
E
Vice Mayor Dawkins: No, no, no, no
to give it up.
no, his the pending one. He don't want
Commissioner De Yurre: It's my appointment.
Commissioner Plummer: For reconsideration of the other name.
Vice Mayor Dawkins: He don't want to give it up.
Mayor Suarez: Right, but yours...
Vice Mayor Dawkins: I'll give it up.
Mayor Suarez: No, because you had already appointed someone?
Vice Mayor Dawkins: Yes. So J.L....
Mayor Suarez: All right, so we'll move it as a motion to reconsider a prior
appointment, Actually, to withdraw the appointment is what it. is.
Commissioner Plummer: All right, then, however. What's legal?
Mayor Suarez: OK, so moved.
Mr. Odio: I believe they needed an alternate.
Commissioner Plummer: Waterfront?
Mr. Odio: Yes. And I remember them asking that we should have an alternate.
Commissioner Plummer: But that's not the two that we're talking about now.
Mr. Odio: No, the other ones were regular members. You have ten regular
members to...
Commissioner Plummer: All right, can we then switch Dawkins, the one you had
to the alternate and Bob Lewis as a member?
Vice Mayor Dawkins: No, no, no, I cannot. The alternate belongs to
Commissioner De Yurre.
Commissioner Plummer: Oh?
Mr. Odio: Right. He's the one that made the appointment.
Vice Mayor Dawkins: The permanent appointment is mine and I am acquiescing to
you.
Commissioner Plummer: Thank you, sir. Where are we, Mr. Mayor? For
reconsideration?
Mr. Odio: You need...
Mayor Suarez: We'll move to make the permanent then and deferral by Vice
Mayor Dawkins to you...
Commissioner Plummer: OK.
Mayor Suarez: ...of the one you're suggesting, Mr. Lewis, and then the
alternate is Commissioner De Yurre's and you're holding onto that at this
point.
Commissioner Plummer: Correct.
Commissioner De Yurre: Not the alternate now.
Commissioner Plummer: No, the other permanent.
Commissioner De Yurre: The other, OK.
Commissioner Plummer: There's two permanents and they're asking for an
alternate.
106 April 12, 1990
L]
Commissioner De Yurre: So, what's the makeup of the, you know, the ethnic
composition of that board?
Vice Mayor Dawkins: Waterfront Board?
Commissioner De Yurre: Yes.
Mr. Odio: Let me see if I have it here.
Vice Mayor Dawkins: I want the Herald to know, Miller Dawkins didn't ask that
question.
Commissioner De Yurre: No, I just...
Vice Mayor Dawkins: All right. OK.
Commissioner De Yurre: You know, I just wanted to make sure that they're...
Vice Mayor Dawkins: I did not ask that question.
Commissioner De Yurre: I just wanted to make sure there are Anglos there.
Mr. Odio: I'll have to get you the breakdown. I have the names.
Mayor Suarez: Do you want to get that information a little later so we can
move on?
Commissioner De Yurre: Yes, whenever you have it.
Mayor Suarez: Whenever you have it, would you provide it to Commissioner De
Yurre?
Mr. Odio: Yes, I have the names here...
Mayor Suarez: In the meantime, this is the appointment that's been made.
It's in the form of a motion by Commissioner Plummer, second by Vice Mayor
Dawkins. Call the roll on it.
The following motion and resolution were introduced by Commissioner
Plummer, who moved their adoption:
MOTION NO. 90-295
A MOTION TO RECONSIDER PREVIOUSLY PASSED M 90-290
WHICH APPOINTED BILL HARRINGTON TO SERVE AS A MEMBER
ON THE MIAMI WATERFRONT ADVISORY BOARD.
RESOLUTION NO. 90-295.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE MIAMI WATERFRONT ADVISORY BOARD OF
THE CITY OF MIAMI, FLORIDA.
(Note: Mr. Bob Lewis was nominated by Vice Mayor
Dawkins. Pending still is one regular appointment to
be made by Commissioner De Yurre.)
(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:
107 April 12, 1990
6j
bij
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.
---------------------------------------
37. (Continued Discussion) APPOINT INDIVIDUAL AS MEMBER OF AFFIRMATIVE
ACTION ADVISORY BOARD (Nominated was: Kevin Marshall) (See label 35C).
Mayor Suarez: Did we vote on the affirmative action appointment that belonged
to Commissioner Alonso? Did we vote on that? It's Kevin Marshall.
Commissioner Alonso: Not yet, Kevin Marshall.
Mayor Suarez: So moved.
Vice May Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 90-296
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE
AS A MEMBER ON THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD.
(Note: Mr. Kevin Marshall was nominated by
Commissioner Alonso.)
(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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: OK, we're OK on the Affirmative Action Board?
Mr. Jorge Fernandez: Yes.
Mr. Guillermo Olmedillo: The only one will be going back to 22, Commissioner
De Yurre has two appointments there is he wants to make them at this time.
Mayor Suarez: Right. He knows that. He's got to...
Vice Mayor Dawkins: He's not ready.
Mayor Suarez: ...come up with some architects.
108 April 12, 1990
38. DISCUSS AND DEFER PROPOSED RESOLUTION AUTHORIZING INCREASE IN CONTRACT �=
_ WITH SIGMA CONSTRUCTION AND ENGINEERING CORP. - FOR DEMOLITION OF FORMER
INCINERATOR NO. 1.
Mayor Suarez: Item 24. -
Mr. Odio: I'd like to withdraw that item - defer that item until the next
meeting of the Commission. I want to find out. some questions that
Commissioner Dawkins had on it. _
Mayor Suarez: OK.
Vice Mayor Dawkins: All right. The only question T want... the only answer I —
need is, the minority should and must be the holder of the certificate of
competency.
Mr. Odio: All right, I'll...
Vice Mayor Dawkins: If the minority got 51 percent of the company and the
minority is not a registered whatever it is, paving contractor, that's not a =_
minority firm. That's a rented person.
Mr. Odio: Commissioner, he has your answer now so we can take it up if...
Vice Mayor Dawkins: He does not... no, I don't want it now. I want it next
time.
Mr. Odio: OK, we'll do it April 26th.
Vice Mayor Dawkins: No, I'll tell you what. Don't you all do nothing on this
till you come to my office and discuss this with me.
Mr. Odio: OK.
Mr. Luis Prieto: Yes, fine, sir.
Vice Mayor Dawkins: Don't bring it back up here no more until we get this
ironed out in my office.
Mr. Odio: Yes, sir.
Mayor Suarez: The chair takes that to be a motion to defer by Vice Mayor
Dawkins. Do we have a second?
Commissioner Plummer: Second.
Commissioner Alonso: Yes, I second.
Commissioner De Yurre: Second, but...
Mayor Suarez: Second. Any discussion? If not...
Commissioner De Yurre: Yes, discussion, discussion.
Vice Mayor Dawkins: Yes, I keep telling them over and over, the black lady
owns 51 percent of the company but she does not have the certificate of
quality, whatever the hell it is. So, she does not own the company. And why
you all keep coming back telling me that she own the company, when she don't?
Commissioner De Yurre: Let me ask you this, how much work has been done?
Vice Mayor Dawkins: I mean, when she can't do the work. I don't know who own
the company.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: How much work has been done, if any?
109 April. 12, 1990
Mr. Odio: This work has been done.
Mr. Prieto: Yes, the removal of asbestos is totally complete.
Commissioner De Yu) -re: OK, now, where, so I can understand how things work
here - they've gone ahead, they did the work and now they're coming back and
asking for an extra $60,000?
Mr. Prieto: Yes, the problem was this was a surprise, the amount of asbestos
that was in there. As you know, we had a very short deadline on this so we
can move parks out of their facilities on N.W. 20th Street and loth Avenue,
because we have to, the Miami Dade facility, and we needed to move forward
very quickly. As far as I know, as of today, approximately 75 percent of that
work is totally complete of the whole job. The asbestos removal is 100
percent complete.
Commissioner De Yurre: OK, now, what job were they in charge of?
Mr. Prieto: They were in charge of the asbestos removal.
Commissioner De Yurre: Which is a hundred percent complete.
Mr. Prieto: A hundred percent complete, sir.
Commissioner De Yurre: And was this an RFP that went out and they were the
best, the number one bidders on this?
Mr. Prieto: No, sir, they were subcontractors to the people we contracted,
which was Sigma.
Commissioner De Yurre: OK.
Mr. Prieto: And Sigma subcontracted to them, so there's a very - we don't
have control over subcontractors as we do with the primes.
Commissioner De Yurre: OK, now, if we don't have control over those
subcontractors, why do we have to have control over giving them $60,000?
Mr. Prieto: Because this was a risk to the health of the contractor...
Commissioner De Yurre: No, no, I understand the reason why it had to be
removed and why it was removed. My question is, if there was a quote and
there was an agreement and a contract entered into between the subcontractor
and the general contractor, for X amount of dollars to do the job, you know,
why do we have to make whole these individuals or this entity when we had
nothing to do with that arrangement?
Mr. Prieto: It was the call of the department who decided that, since we were
operating on an emergency basis...
Commissioner De Yurre: Um hum.
Mr. Prieto: ...I thought we were serving the City best by getting the
asbestos out of the way.
Commissioner De Yurre: OK, now, the agreement with the general contractor.
Was that a bid or rot?
Mr. Prieto: It was a bid, sir..
Commissioner De Yurre: It was a bid and they were the lowest bidder?
Mr. Prieto: Lowest bidder.
Commissioner De Yurre: The lowest responsible bidder.
Mr. Prieto: Yes, in minority firm.
Commissioner De Yurre: OK, and based on that, you entered into a contract
with them.
Mr. Odio: Right.
110 April 12, 1990
Mr. Prieto: Yes, that's right._
Commissioner De Yurre: They knew what they were getting into.
Mr. Prieto: Partially...
Commissioner De Yurre: Or are these contracts in such a way that, listen, I'm _
going to low ball this and then I can always come back and, hey, surprise, and
then, you know, we have...
_
Mr. Odio: You have a good point.
Commissioner De Yurre: Right or wrong?
-
Mr. Odio: You had a good point._
Commissioner De Yurre: Hey, you know, then you can play games like this all
the time and people that are responsible and giving you a legitimate bid based
_
on what they expect the job to be, are getting rooked left and right because
you got these other individuals coming in, low balling it, knowing that they .:.=
can't do it for that amount. Then they come back again after they got the bid
-
and they give us a Mickey Mouse story and we have to come back and give them
_-
$60,000.
Mr. Prieto: You're right in general. In this particular case, it was not the
_
case because we were basing our amount of asbestos on a report from a -
consultant. In fact, Consolidated Techniques gave us an amount of asbestos ---
that was grossly underestimated.
Commissioner De Yurre: Are we suing them?
Mr. Prieto: We're not at this time, sir.
Commissioner De Yurre: Well, then, you know, we get hit time and time again. - -
People screw us left and right and we do nothing about it! But, when it's -_
-
time to make people whole, we're the first one to give them the $60,000.
-
Mr. Prieto: The reason is that we only found out the asbestos when we started =-
-
to tear into the structure. The asbestos was underneath covering. For
-
example, it was between the dropped ceiling and the actual slab on top and it
-
was underneath the flooring.
Commissioner De Yurre: Then why do we request reports that they don't do us _
_
any good?
Mr. Prieto: Because the report was based on visual inspection, what was —
-
available.
Commissioner De Yurre: Obviously, that's not the right way to do it when they
-j
discovered a whole bunch of additional asbestos.
Mr. Prieto: I agree. In retrospect...
_
Commissioner De Yurre: Right?
=!
Mr. Prieto: ...you're absolutely right.
eq
-
Commissioner De Yurre: Hey, you know... but, listen, and Miller's got his -
-
reasons for holding onto this. I don't want this to come back here again
until we know exactly who all the players are, what responsibility they had in
this and what liabilities they have and we're ready to move on this to where
_3
the City doesn't get stuck with having to dish out $60,000.
Mr. Prieto: I agree, sir.
Commissioner De Yurre: OK? Thank you 1yery much.
Mayor Suarez: OK.
Commissioner De Yurre: That was just my commentary for the day.
111 April 12, 1990
AN
Mayor Suarez: We've gat a motion to defer, I believe, and a second, do we _
not, Madam City Clerk?
Ms. Hirai: Yes, sir.
Mayor Suarez: Call the roll.
ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED
BY COMMISSIONER PLUMMER, ITEM 24 WAS DEFERRED 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.
-------------------------------------------------------------------------------
39. WAIVE PROHIBITION CONTAINED IN CITY CODE AS IT APPLIES TO SATURNINO E.
LUCIO, II (PRESENTLY A MEMBER OF THE INTERNATIONAL TRADE BOARD) - SEEK
LEGAL SERVICES CONCERNING THE 1990 U.S. - JAPAN GATEWAYS PROCEEDINGS
BEFORE U.S. DEPARTMENT OF TRANSPORTATION.
Mayor Suarez: Item 25. This is a waiver for Mr. Lucio who is on the ITB, it
does not involve any allocation of funds at this point, maybe never.
Mr. Jorge Fernandez: Well, the reason for the waiver is the anticipated
expenditure of funds. Otherwise, no waiver would be required and this is a
companion item to item 26, which is for your consideration, the potential
appropriations or allocations of funds.
Vice Mayor Dawkins: I cannot vote on this, I am on the International Trade
Board. I just do not feel right voting on this.
Commissioner Plummer: This is where one vote becomes a majority.
Vice Mayor Dawkins: That's right.
Commissioner Plummer: Now, what are you...
Commissioner Alonso: I have...
Commissioner. Plummer: ...doing pro bono for the City?
Mr, Saturnino Lucio: Unintentionally pro bono, I should add.
Commissioner Plummer: Modified or exceptional?
Mr. Lucio: I have been representing the City and the intervention into a
Department of Transportation proceeding, Mr. Commissioner, as I explained the
last time I was before the Commission.
Commissioner Plummer: Quit.
Mr. Lucio: To try and obtain route service to...
Commissioner Plummer: Quit! I was joking.
Mr. Lucio: I'm sorry.
Commissioner Alonso: I have some doubts and I want them to be clarified on
the record and it's problems of conflicts that we might have with Dade County
on this and I'd like the clarification on the record that the City of Miami
will not be in conflict with Dade County as a result of this.
112 April 12, 1990
f
Mr. Lucio: It never has been. We have Invited the County to participate with
us from the very beginning. In fact, the City of Miami acted before the
County acted. At the time we acted, the County hadn't taken a role yet. So
when the City of. Miami filed its intervention proceeding, there hadn't been
anything filed by the County. We then asked the County to join us. They said
that, no, they would rather present their own. The second filing was a set of
exhibits that we prepared. We asked the County to join us in those exhibits
and said, no, that they would prepare their own. We then said, fine, we have
hearings coming up in Washington towards the latter of this month, early part
of May. We've asked them to cooperate with us as parties with a common
interest and thus far we haven't heard a response from them. At all times, we
have been thoroughly prepared to cooperate fully with them. Basically, my
letters have been unanswered from the County.
Commissioner Alonso: What if - and I want a legal opinion on this on the
record of the circumstances on this case as to avoid future problems of the
conflict that might exist with Dade County since they are responsible for
aviation matters. I want to know if they recommend a different company. Are
we going to get in conflict at certain point or what's going to happen? I
want a legal opinion that the City of Miami will not be going into a problem
as a result of our action here today.
Mr. Fernandez: The only potential conflict that there could ever be, would be
if Metropolitan Dade County were to officially, publicly, on the record, and
as part of their motion to intervene, clearly show a preference for a given
carrier. And that then the City of Miami, likewise, would do the same thing
for a different carrier. That would be an area of conflict where Metropolitan
Dade County may be pushing for carrier A and the City of Miami for carrier B.
But that's totally, in my opinion, that's not likely to happen because what
we're looking at is competing applications between Orlando and Dade County or
Miami and what Dade County and Miami are doing, my understanding is, jointly
working together to get the site to make sure that route is established at the
Miami International Airport and that the carrier is really not what is of
importance.
Mr. Lucio: Commissioner, I might add that there have been about 30 cities
that have intervened in this proceeding and in virtually every case, they
County and the City are working and the state in other filings.
Commissioner Alonso: With similar situation that the County is the one
responsible for the aviation...
Mr. Lucio: I can't answer other counties and who has the authority.
Commissioner Alonso: Mr. Fernandez?
Mr. Lucio: At the time the City acted, the County hadn't acted yet. And the
time had passed.
Commissioner Alonso: Mr. Fernandez, your advice on that?
Mr. Fernandez: My advice would be is that right now, from all the we know
about both the Ci.ty's application and the County's application is that they
are not in conflict.
Commissioner Alonso: OK, I just want to be certain, hundred percent sure that
the City of Miami is not going to be involved in a big battle with the County
unnecessarily. And that's the point I want to make very clear on the record
that with our vote today, we will not open the door for future problems of
that...
Commissioner De Yurre: Let me understand one thing. We're not going to be
spending any money in this effort, are we?
Mr. Fernandez: That is entirely up to this Commission.
Commissioner De Yurre: No, I'm saying, it's the County's respon... if they
want to give us the airport back to us, you know...
Commissioner Alonso: Well, we will take it, very happy we will, but at this
point, it does not belong to us and we have to be very careful. If they give
to us the airport, we'll take it. The port, we'll take it as well. No
113 April 12, 1990
W
problem on that, but that's not exactly what we are discussing at this point.
It's the problem that we might face, and I want to be sure that we are not
going into that direction.
Commissioner De Yurre: Well, I think that, you know, we, as a City, certainly
we want that airline to come down here and many others like Air Italia is
going to be coming soon, towards the end of the year. But, the point is that,
as far as spending dollars towards getting that accomplished, I don't think
it's the City of Miami's position to spend the money because the County that
has that responsibility. So, I just want to make that clear and if that's the
point, we're not spending any money, I'm trying to figure out what conflict
there could be in this whole scenario.
Mayor Suarez: It would be helpful if the waiver is approved because
technically, even if he's not paid for his services, he ought to be advised of
the fact that we have waived any potential conflict or in accordance with our
ordinance, his ability to be the person, the lead person in this, if he
chooses to do it pro bono, continues to do it pro bono, because he is in the
International Trade Board of the City. And that...
Commissioner De Yurre: Which he has been doing, that's my understanding.
Mr. Lucio: Well, my understanding, Commissioner, is not to do it on a pro
bono basis. Like you, I'm an attorney, sir, and I provide legal services and
that was my understanding when I started this effort. If the City says that
they don't want to fund it, that's fine.
Mayor Suarez: Well, there was not commitment made on behalf of the City.
Mr. Lucio: There's no question about that.
Mayor Suarez: It was a commitment only made on behalf of the Downtown
Development Authority and I think, to date, there has been $1,800 paid for
services that are worth three, ten times that perhaps. But, you know, I would
ask the Commission to at least approve the waiver and then we can consider
whether the City is in a position to make any contribution to this effort at
all.
Commissioner De Yurre: I got no problem with the waiver.
Mayor Suarez: OK.
Commissioner Aionso: No, neither do I.
Commissioner De Yurre: No, I'll move it, you know, if you need a motion.
Commissioner Plummer: Second.
Mayor Suarez: Call the roll on the waiver, item 25.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-297
A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED
IN CITY CODE SECTION 2-302 AS SUCH PROHIBITION APPLIES
TO SATURNINO E. LUCIO, II, WHO SERVES ON THE CITY'S
'INTERNATIONAL TRADE BOARD AND THE PROCUREMENT OF THE
LEGAL SERVICES OF SATURNINO E. LUCIO, II. ESQ. IN
RELATION TO 1990 U.S.-JAPAN GATEWAYS PROCEEDINGS
BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION.
(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:
114 April 12, 1990
AYES: Commissioner Miriam Alonso _
Commissioner J. L•. Plummer, Jr. _
Vice Mayor Victor De Yurre
_ Mayor Xavier L. Suarez
NOES: None.
ABSTENTIONS: Vice Mayor Miller Dawkins.
-
ABSENT: None.
-------------------------------------------------------------------------------
40. ENGAGE SERVICES OF SATURNINO E. LUCIO, II AS SPECIAL COUNSEL IN MATTERS
RELATED TO THE 1990 U.S. - JAPAN GATEWAYS PROCEEDINGS WITH THE U.S. -�
DEPARTMENT OF TRANSPORTATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 26 then deals with whether the City should appropriate any
monies for this, for Mr. Lucio and, frankly, the commitment up to now has not
been from the City, has been from the Downtown Development Authority. If
you'd want to give the Manager indication that up to his discretionary amount,
he can...
Commissioner De Yurre: Well, first of all, you know, the thing is, are we
setting a precedent here that, you know, may be something that we may regret
down the line.
Commissioner Plummer: Well, let's argue the other way.
Commissioner De Yurre: Why can't - so I can understand - why can't he
represent the County and do work for the County if the County is the one
that's working on that?
Commissioner Plummer: Let's argue the other way, OK? And I find myself
difficult to argue on behalf of DDA, but I will. I think it is damn important
to this community, regardless of who does it, to get the airline into the
country. I think it's very, very important. I'm willing to risk up to
$4,500, no, not to exceed that, on the Manager's discretionary fund, to make
sure that even if it's a little part that we play, that it's very, very
important to the economy of this community that we do everything that we can
together with others who it may, or may rot be their responsibility. But I
would hate to see that airline go to Orlando and bypass Miami. I'm just...
Mayor Suarez: Orlando has a full fledged presentation. So does Tampa, cities
that really should even not be in competition with.
Commissioner Plummer: I understand, that once again, in my estimation, the
County has dropped the ball, they didn't do what they were supposed to do but
we're going to suffer if that airplane flies over here and goes to Orlando,
this community is going to suffer. I think it's worth the money, the gamble,
for the maximum of $4,500 to try to do our part to see that that plane stops
here. So, that's...
Commissioner De Yurre: Well, what's the County doing right now?
Commissioner Plummer: I don't know.
Commissioner De Yurre: Well, shouldn't we find out first?
Commissioner Plummer: If you were asking me what they usually do, it's
nothing.
Commissioner De Yurre: Well...
Mayor Suarez: One of the things that has happened because of this situation
and I'm not sure that it was a good idea to say it, but let's say it publicly,
because you've inquired, is that I don't think that they ever lined up any
witnesses for the hearings and...
115 April 12, 1990
Saturnino I_.i.icio, Esq.: I'm not aware of any filing on witnesses on their
part, no.
Mayor Suarez: So we've, you know, the ball definitely has been dropped,
you're exactly right, Commissioner Plummer.
Commissioner Alonso: DDA did not approach the County to see what is the
position?
Mr. Lucio: Yes, we did. —
Mayor Suarez: He couldn't... oh, yes, yes. We've notified them...
Mr. Lucio: Numerous times.
Commissioner Alonso: And, no response?
Mr. Lucio: They either no response -- there are three or four letters that I
have sent that have never been answered. There are phone calls that I have
not received any commitment at all.
Commissioner Plummer: I'll. make a motion that the Manager accede from his
discretionary fund, not to exceed $4,500 to try to help the City of Miami
bring an important source of revenue to this community, namely JAL.
Commissioner De Yurre: What does economic development do here in this City?
Wouldn't that be part of its role? Economic Development?
Mr. Odio: The Department of Development or...
Commissioner Plummer: Excuse me, let me...
Commissioner De Yurre: Economic Development.
Mr. Odio: Well, we don't have any department... it's all under development,
Commissioner.
Commissioner De Yurre: Yes, but don't we develop economically the City of
Miami?
Mr. Odio: Yes, through CDBG funding today and through the Department of
Development, the Southeast Overtown/Park West and the other projects were
housing.
Commissioner De Yurre: OK, now, don't we have.., for example, you know, we're
talking about, you know, either we're, you know, this discussion gets a lot
deeper than just $4,500. I think we're talking about, what the hell does the
Beacon Council do?
Mr. Odio: Oh, yes.
Commissioner Plummer: Hal Ha, hal
Commissioner De Yurre: What the hell does Dade County do? what the hell does
Conventions and Visitors Bureau? You know, I mean like...
Mr. Odio: No, this should be under the Beacon Council or something like that.
But, if they don't do it, then...
Commissioner De Yurre: OK, well, you know, instead of us saying, OK, we will
do - just like the thing with the homeless. All of a sudden now, we are the
ones that get editorialized time and time again.
Commissioner Alonso: Right.
Commissioner De Yurre: We catch the heat, we catch hell and it ain't our
responsibility? And now we're going to assume another responsibility because
people are not doing their job instead of saying, listen, we're going to fight
this and we're going to get the job done by those that want to do it and
expose where we got to expose and take it from there, because now we're going
to send mixed signals....
116 April 12, 1990
r
r
Commissioner Plummer: I understand his point., but I'm will ing to gamble that
amount to try.
Commissioner De Yurre: ...we're going to send mixed signals from this
Commission because Japan Air, or whatever the airline is, they're going to
say, well, who are we dealing with? -the Colinty, the City? Who's the guy,
who's that guy? And what is going on here? And I think that they're going to
say, these guys don't have their act together.
Mr. Lucio: Commissioner, may I clarify?
Commissioner De Yurre: And we're not going to get involved in that.
Mr. Lucio: May I clarify just the technical aspect of the proceedings?
Commissioner De Yurre: Sure.
Mr. Lucio: It is not Japan Airline, it is American Airlines and Pan American
Airlines which are rapidly becoming the two major users of the airport who
have applied for route authority to connect Miami-L.A, -Tokyo in the single
plane service. Like they, there are other carriers, there's about 33
different route applications pending, and it's a question of selecting the
routes. And the route is not a choice between Miami and Orlando.
Commissioner Plummer: I made a mistake, it's the route, not the airline.
Mr. Lucio: It's a choice between Miami and Chicago, Miami and Columbus, Miami
and San Jose, Miami and Houston.
Commissioner Plummer: How about if we give them $10,000 worth of memorabilia?
Mayor Suarez: Memorabilia. All right...
Commissioner Plummer: Mr. Mayor, I have to correct my motion. It is not for
a given airline, it is for the route.
Mayor Suarez: For the route.
Mr. Lucio: That's exactly what is involved.
Mayor Suarez: So moved. I'll second the motion. Why don't you call the
roll...
Commissioner Plummer: When they start pointing fingers, they can, at least,
say we tried.
Commissioner De Yurre: OK. Call the roll.
Mr. Jorge L. Fernandez: Excuse me, is this on $4,500?
Mayor Suarez: Yes, up to forty-five hundred.
Commissioner Plummer: Not to exceed.
Mr. Fernandez: And then., has the source of allocation - the funding...
Commissioner Plummer: The Manager's contingency fund, petty cash.
117 April 12, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-298
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE
THE SERVICES OF SATURNINO E. LUCIO, II, AS SPECIAL
COUNSEL IN MATTERS PRIMARILY RELATED TO THE 1990
U.S. -JAPAN GATEWAYS PROCEEDINGS WITH THE UNITED
STATES DEPARTMENT OF TRANSPORTATION, WITH TOTAL
COMPENSATION FOR SAID SERVICES NOT TO EXCEED $4,500,
WITH MONIES THEREFOR BEING ALLOCATED FROM SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, BUDGETED
FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre.
ABSTENTIONS: Vice Mayor Miller J. Dawkins.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Conunissioner Alonso: Yes, I vote yes even though I feel that it is not our
responsibility, but I think that we should do all in our power to have that
route.
Commissioner De Yurre: I'm going to vote no, but it's not because of the
amount. It's just the whole concept that I think that we have to understand
exactly what's going on at the County before we can make any steps towards
accepting any responsibility and I'm not saying that the money isn't spent
worthwhile. I just can't go with it at this point.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Lucio: Thank you very much.
------------------------------------------------------------------------------
41. (A) ALLOCATE $300,000 TO FLORIDA HOUSING COOPERATIVE, INC. TO
REHABILITATE, PURCHASE AND/OR CONSTRUCT HOUSING TO ALLEVIATE
PRESENT CITY NEEDS, SUBJECT TO SATISFYING ADMINISTRATION'S
CONCERNS REGARDING ONGOING AUDIT.
(B) AUTHORIZING CITY MANAGER'S SUBMITTAL OF THE APPROVED GRANT PROGRAM
FINAL STATEMENT TO THE U.S. DEPARTMENT OF' HOUSING AND URBAN
DEVELOPMENT (HUD) REQUESTING $11,O81,000 FOR THE CITY'S
COMMUNITY DEVELOPMENT PROGRAM (1990-1991).
Mayor Suarez:
point in the
right?
OK, item 27. Approve grant program, final statement. At this
agenda, I am inclined - these are all the CDBG recommendations,
Mr. Odio: Yes.
Mayor Suarez: To take the chair's prerogative and ask Commissioner De Yurre
to be chair during this part of the proceedings as he did a couple of years
ago when he somehow got us through this in about 15 minutes when I couldn't be
here. Seriously, since that year - I think. it was two years ago, wasn't
that? -you were Vice Mayor last year? Since that... in that particular case,
118 April 12, 1990
IV I
Mr. Frank Castaneda: There are small differences.
Mayor Suarez: Small differences.
Commissioner Plummer: Wait a minute, Mr. Mayor, excuse me.
Mayor Suarez: Yes.
Commissioner Plummer: On that last vote when we have authorized the funds,
we, in fact, were talking to item 26. Is that correct? There were two items
on that...
Mayor Suarez: Yes, that was correct.
Commissioner Plummer: Madam Clerk, the expenditure of the $4,500 was, in
fact, item 26.
Mayor Suarez: Correct.
Mr. Odio: Yes, yes.
Commissioner Plummer: OK, thank you.
Mayor Suarez: And we're on 27. What are the minor differences, Frank, and
then we would take, of course, statements, brief statements from anyone who
was not included. Isn't that the way we handled it last year?
Mr. Odio: Yes.
Mayor Suarez: It seemed to work so well and...
Commissioner De Yur.re: We gave them a couple of minutes each.
Mayor Suarez: I believe it takes two votes, does it not, Mr. Manager, for it
to be finally approved?
Mr. Odio: Yes, this...
Mayor Suarez: I mean, two hearings, or just one here?
Mr. Castaneda: No, you only require one hearing but there are two votes on
the ordinance.
Mayor Suarez: Two votes on the ordinance, so there's opportunity for
individual lobbying of Commissioners. If you feel that you've been left out
or if you're a new program that wasn't included or whatever, and certainly
we'll take statements from all the affected parties. But if you are included,
my recommendation - in fact, my exhortation, my request of you is that you not
make a statement, it will just delay the proceedings. We have a saying around
here about momentum, you know, going your way, you don't want to mess it up.
So, anyhow, Frank, what are the differences that we can iron out, Mr. Manager?
Mr. Odio: I just wanted to say just to inform you that we were cut six
percent this year and that's why the programs that we're recommending are six
less and that we have been notified that there is an additional, probably 7
percent cut for next year. So, we're seeing every year go down at least six
percent.
Commissioner Plummer: What are the total amount of funds? Total of
everything for the block grant funds?
Mr. Odio: Eleven million, oh, eighty one. If you add to that, a million two,
which we will be receiving this year for the building and demolition revenues,
it's a total of twelve million, two eighty-one. Right?
Mr. Castaneda: The only correction to the Manager is that most of the money
is from the housing loans that will have been issued and that will return to
housing.
Commissioner Plummer: OK, but you're showing here a discrepancy on housing
from four million, fifty thousand to four million.
119 April 12, 1990
Mr. Castaneda: Oh, yes, yes, those are the differences. That's what I gave
you...
Mr. Odio: Like I said, we were cut back.
Mr. Castaneda: Commissioners, what you have on your left column is staff's _
recommendation, what you have on your right column is the board's
recommendation. The difference between staff and the board's recommendation
is that the board did not recommend funding for St. John at an amount of
$50,000. 4-
Mayor Suarez: The staff did not.
Mr. Castaneda: No, the board did not.
Mayor Suarez: The board did not.
Mr. Castaneda: The staff is recommending that St. John's be refunded. The
board felt that St. John's should be funded by Metropolitan Dade County to
deal with the issue of home and housing, of the houses they have not been able
to sell in Overtown and for that reason, they felt that the County should fund
it. Staff's recommendation is that we need, you know, a CBO in the Overtown
area to deal with housing issues and therefore we're recommending its funding.
That's the difference on the first page. On the second page, the difference
is that the Board recommended the funding of Wynwood Community Economic
Development Corporation at the level of $1.00,000. Staff has recommended that
all the community based organization be funded at the same level of $50,000.
The other difference in the second page is that the Board recommended that the
County, out of their request for $3,000,000 for Public Housing, be funded at
the level of $39,650 for security for Culmer Place and Culmer Gardens. Staff
feels that recommendation is very little out of that total request and it
would have no impact. Therefor, we're recommending zero and we are
recommending that that money be allocated to the Miami Neighborhood Jobs
program. 'There is a small difference in the Regis House request. The Board
is recommending an allocation of $50,000 but we are saying in the case of
Regis House, that the $50,000 be put in contingencies, and if they bring us an
acceptable proposal, to us, by October 1st, we will be allocating the money.
Basically, Regis House is expecting to get single family property from F.H.A.
basically for $1.00 a year. They would need a "C" permit to use that as a
shelter, not as a shelter but as a residential facility to rehab drug addicts.
We are concerned about any opposition that there might be from the
neighbors...
Mayor Suarez: Where is the location?
Mr. Castaneda: They don't have a location now, that's our problem. So
what...
Mayor Suarez: Well, they would have to solve the issue of where they would be
located in any event.
Mr. Castaneda: Correct. What we are saying is that they would have to
resolve all those issues and so forth prior to allocation of funding.
Commissioner Plummer: That's $50,000?
Commissioner Alonso: Yes.
Unidentified Speaker: And that will be $50,000.
Commissioner Plummer: Question. Mr. Manager, you just made a statement, an
additional million, two.
Mr. Odio: Well, that's for building and demolition.
Mr. Castaneda: For Housing...
Mr. Odio: Housing.
Commissioner Plummer: I understand that, sir. But you know, I am going to go
back and make my annual speech and I'll try to make it as brief as possible.
120 April 12, 1990
Vice Mayor Dawkins: Please do.
Commissioner Plummer: Who said that? Mr. Mayor, first and foremost, my
priorities have been and will be, as long as I sit on this Commission, that
the monies that we have, go to feed the hungry, to take care of the sick, and
to take care of the kids in daycare. Everything else what is left over, we
will argue about. Now, Frank, you have on this list here an item, realizing
that all of the cuts... How much do the 6 percent cut amount to in social
services? The 6 percent cut? I don't think it's that much here, Mr... can't
be. It would be 50 percent cut.
Mr. Castaneda: $96,600.
Commissioner Plummer: All right. You've got money coming down of a million,
two, for housing and demolition. One of the items that you have here is
Citywide Demolition Program. That's $350,000. I personally feel that if you
have some money coming beyond, that we can take at least, from...
Commissioner Alonso: I asked that question yesterday.
Mr. Castaneda: You can't...
Commissioner Plummer: What do you mean, it's restricted?
Mr. Castaneda: You can only have 15 percent of the Community Development
block grant for public services. And that's the problem.
Commissioner Plummer: Let me tell you something my friend. If you haven't
learned by now how to skin a cat, you never will. OK?
Mr. Castaneda: You should have seen all the letters that we have sent....
Commissioner Plummer: Wait a minute. Excuse me. Are you telling me, for
example, that out of the social programs, I cannot take the Black Archives and
put in the Economic Development and put $100,000 more in Economic Development.
Mr. Castaneda: Oh, we've done that. Black Archives is not a public service.
None of the...
Commissioner Plummer: Are you telling, all right. What is...
Mayor Suarez: Social service please.
Mr. Castaneda: Social service.
Mayor Suarez: They are all public services.
Commissioner Plummer: In social services, what is Alternative Programs?
Mr. Castaneda: All the programs that you see here.
Commissioner Plummer: What are they?
Mr. Castaneda: Our Alternative Program is a program to...
Mr. Odio: Is Georgia Ayres' program to rehab prisoners.
Commissioner Plummer: OK. You are telling me, that there are none of these
programs that I can take out of Social Service and put in to some other
program.
Mr. Castaneda: No. We have tried.
Mr. Odio: Commissioner Plummer, let me tell you, Commissioner Alonso...
Commissioner. Plummer: If I told you your job depended upon it, do you think
you could find a way?
Mr. Castaneda: No. Commissioner, let me tell you what we have done.
121 April 12, 1990
U
11
Mr. Odlo: Wait, wait a minute
Commission Alonso...
Commissioner Plummer: Go ahead.
Commissioner Plummer, may I say this?
Mr. Odio: Commissioner Alonso sat in a meeting in Washington. She had
been... coincidentally I had to go to see the Community Development and where
they are disqualifying, they are looking at every single item that we have
done.
Commissioner Plummer: I would hope they would look.
Mr. Odio: And they have disqualified the Bay Card Centers and all.
Commissioner Plummer: What about HACAD? What does HACAD do, with their
$50,000? Or forty-four?
Mr. Odio: That's the Haitian Community.
Commissioner Plummer: I understand HACAD is the Haitian, and I thank you for
reminding me.
Mr. Odio: OK.
Commissioner Plummer, Now, what does HACAD do?
Mr. Castaneda: HACAD has a food voucher program. Let me explain something on
HACAD that you have brought up, because it is stated on the memo. We are
having some problems with HACAD right now, and we might have to enter into a
contract with another agency, if those issues are not resolved. However, the
reason that we have named HACAD is because we feel that that money should be
earmarked for a Haitian agency to serve people in Little Haiti.
Vice Mayor Dawkins: What do they do? That's all Commissioner Plummer asked
is, what would HACAD do with the money?
Commissioner Plummer: What is the $44,000...
Vice Mayor Dawkins: to do, buy mouse traps or buy...
Commissioner Plummer: ...go for?
Mr. Castaneda: Food vouchers.
Commissioner Plummer: For what?
Vice Mayor Dawkins: Food vouchers, OK. All right.
Commissioner Plummer: Food vouchers.
Commissioner Alonso: They have not been paid the money for last year.
Mr. Castaneda: That's correct.
Comr,:issioner Plummer: You know, I got to believe, there is some way...
Mr. Castaneda: Commissioner...
Commissioner Plummer: ...that some of these programs could be put under a
different heading and restore the 6 percent.
Mr. Castaneda: Commissioner, let me explain what has happened.
Commissioner Alonso: Excuse me, one question. You dial not pay the money for
last year? What did you do with that money?
Mr. Castaneda: We have it earmarked for public services in Little Haiti, for
social services in Little Haiti. You know, and that's what the money is there
for. Let me, let me tell...
Mayor Suarez: Wait, Vice Mayor Dawkins wants to...
122 April 12, 1990
Vice Mayor Dawkins: Mr. Mayor., my fellow Commissioners. You know, every year
we sit here and we do this. Now we pay Mr. Castaneda and his staff to sit
down and bring back recommendations to us. They bring the recommendations
back and because we have an audience, we bring Mr. Castaneda down to the mike,
we brow beat him and we go around, making a good showing with the people out
there and it's just uncalled for. You know, this man got paid to provide,
prepare this for us. Now either you accept it or you don't. But let's don't
bring him down here and make him a scapegoat for what we going to do.
Mr. Castaneda: Sure. Commissioner...
Mayor Suarez: One solution on one item, I know a lot of people are here on
Regis House. I see that they have gotten involved the entire community and
it's not really different from what you recommended in a way. If you take the
$50,000 recommended and leave it earmarked for them, but in contingency until
they prove the ability to build a facility in the neighborhood in question,
would that be...
Mr. Castaneda: Commissioner, that's what we recommending.
Mayor Suarez: And we can follow it.
Commissioner Plummer: Why...
Mr. Castaneda: Could I, let me answer something to J.L. Commissioner Plummer,
Let me...
Commissioner Plummer: Let me ask you. YMCA daycare. Why can't you take some
of the daycare out of here and put it over there?
Mr. Castaneda: The YMCA Daycare is a physical project and let me tell you, we
have gone through...
Commissioner Plimnmer: Mix bricks and mortar.
Mr. Castaneda: It's bricks and mortar. It's to renovate the old Police
Station in Overtown to serve the Overtown residents, daycare program, provide
daycare. We have gone way beyond this year in order to provide public, social
services in the community without breaking the cap. Let me show you what we
have done. There are two programs in here, one being Tri-City, and the other
one being the Youths Jobs Corp. These two programs are really social service
programs. What they do is, they rehabilitate people by rehabilitating
structures. And by doing it this way, we are getting away, the public service
cap and this is one of the issues that, you know, that we have fought in
Washington in order to do so. You know, in effect, the Youths Jobs Corps, you
know, will have been traditionally be considered public service. We are
saying it is not because there is a physical product created through the
project. The same thing goes for Tri-City. They rehab homes, you train
people in rehab of housing and therefore, we are arguing that is a physical
project and not a public service. What I'm saying is, that we have gone the
extra mile in order to do projects in the neighborhood that benefit people.
The same argument can go for Regis House, which is basically public service
program, but since we are building this, helping them into the rehab of the
structure, we are getting away from the public service cap.
Mayor Suarez: OR. One other...
Commissioner Pluma,er: It's unfair.
Mayor Suarez: Move the recommendations of the Advisory Board with the, as to
Regis House, with the proviso that of course, it's contingent on them
obtaining the proper approvals of the neighborhood.
Vice Mayor Dawkins: No, sir. No. I have accepted to motion, I move to
accept the recommendations of staff.
Mayor Suarez: So moved. As to the whole, all the projects?
Vice Mayor Dawkins: Yes.
Mayor Suarez: So moved.
123 April 12, 1990
Commissioner Alonso: I have some questions about. the expansion of the _
Allapattah Elderly Meals facility. These amounts seems to me quite high for
the type of construction as I see it here. I am very concerned with the
prices. $110,000. And I have seen the plans and still I have serious
concerns. How can we be reassured that the money is not, that - Mr.
Castaneda, you're listening to me? - What reassurance are we going to have in
reference to the amount of money that is going to be spent in this —
construction.
Mr. Castaneda: Commissioner, this project is a facility in a city park. It
is a public building. I would assume that Public Works, and if not Public
Works, Public Works will select a firm, will design...
Commissioner Alonso: Let's not build according to the prices of Public Works.
Let's do it about prices of normal people outside, less expensive.
Mr. Castaneda: OK. Commissioner, what I am trying to say is...
Commissioner Alonso: What I am trying to say...
Mr. Castaneda: Yes. I understand what you are saying.
Commissioner Alonso: How can you tell me that it's going to cost less than
$110,000 for such a small area? Because that price is extremely high and I am
very concerned. And maybe, my colleagues have not mentioned this because they
have not seen the size of this construction of the prices that it appears
here. It's very expensive, the price seems to me too high. What are they
going to build with?
Mr. Castaneda: Well, Commissioner, you know, I am not an expert in building.
Maybe it can be answered by somebody from Public Works.
Commissioner Alonso: Well get them from Public Works to see what they say,
it's a lot of money.
Mayor Suarez: Where is that one listed Commissioner. Where is that one
listed, where is that one listed under?
Commissioner Alonso: Allapattah.
Mr. Castaneda: The Allapattah Elderly Meals Facility Expansion, $110,000.
Mayor Suarez: OK.
Commissioner Plummer: That's seventeen hundred and ninety two square feet?
Commissioner Alonso: Yes.
Mr. Castaneda: That is correct, Commissioner.
Mayor Suarez: That's under social services?
Mr. Castaneda: No, no. This is physical. But again, it has an impact on
your public service, on your social services, Commissioner.
Mayor Suarez: All right.
Commissioner Plummer: Wait. Where is that?
Mr. Castaneda: This is Orlando Urra's...
Commissioner Plummer: I understand. But where is that in the...
Vice Mayor Dawkins: Third from the bottom on the second page.
Commissioner Plummer: Regis House, Miami Dade Community College.
Vice Mayor Dawkins: No. The one above, Tri-City, J.L.
Commissioner Alonso: No, no. Right here. Allapattah, second page.
Vice Mayor Dawkins: Second page, up above Tri-City.
124 April 12, 1990
Commissioner. Alonso: Allapattah Elderly Meals... -
Vice Mayor Dawkins: One, two, three, four, five from the bottom.
Cormnissione.r. Plummer: OR. $60.00 a square foot is not out of line. That's _
furnished?
Mr. Odlo: It's finished.
Mayor Suarez: Can we, Frank. If we were disposed to bring St. John's back up_
to $50,000 and take $50,000 from Wynwood Community Economic Development, which"'
were...
Commissioner Plummer: Take it from the demolition.
Mayor Suarez: OR, from the...
Commissioner Plummer: He has got more money... =—
Mayor Suarez: I'm just trying to figure out a way that we could take the -_
Advisory Board's recommendation, make St. John's whole, approve Regis House,
and go with Advisory Board, so we are not here all day.
Vice Mayor Dawkins: See. And all I'm saying is that, that, we don't have =_
anything, so we not spending no money on Overtown. St. John's is working
Overtown. _
Unidentified Speaker: Yes.
Vice Mayor Dawkins: And then everybody says don't give them anything, but you
_ giving $100,000 to Wynwood, $50,000 to New Washington Heights, but which is to =-
do a hotel or what have you, and $50,000 to Small Business Opportunity, but we
don't have anything for Economic Development in Overtown.
Commissioner Alonso: Where it's very much needed.
Vice Mayor Dawkins: That's right. So we going, so, wherever, if you find
$50,000 for them, I'll vote for whatever you got.
Mayor Suarez: And then we can go with the Advisory Board's recommendation.
Where is the most logical place to get that $50,000?
Mr. Odio: From the contingency.
Mr. Castaneda: From the contingency for Regis House. And the Advisory Board
recommendation, there was only $1,000 left over.
Mayor Suarez: Isn't Wynwood the project, the same one that we are applying
for seven and a half million dollars, from the State and that we got a
$250,000 grant?
Mr. Castaneda: Correct Commissioners, staff recommendation is to fund all
community based organizations at the same level which is $50,000.
Commissioner Plummer: No, that was a policy of the Commission.
Mr. Castaneda: Right. What the Board is asking is that one of them be
singled out and be given $100,000.
Mayor Suarez: Because they, as we saw this morning, I forgot what the item
was this morning, you know, have been prospering rather well with the City in
every possible source of funds that we can find. So I would have no problem,
I know Bill Rios will. be quite concerned, but we are applying for a huge
amount of money from the State for them, so I mean, they already $250,00 grant
last year. Where was the money coming from that this morning we deferred
action on for Wynwood Economic Development?
Vice Mayor Dawkins: State grants.
Mayor Suarez: Was that, that wasn't from the $250,000 grant?
125 April 12, 1990
E
Ei
Commissioner Plummer: No. It. was an additional thirty. —
Vice Mayor Dawkins: Another $30,000.
Mayor Suarez: Additional thirty for the consultant on security? --
Mr. Elbert Waters: Yes.
Commissioner Plummer: But that's coming from the State grant, not from our
money.
Mayor Suarez: A separate ... Yes Elbert. =_
Mr. Elbert Waters: Excuse me, Mr. Mayor. That, the information that you are =
speaking of is the $250,00 Wynwood...
Mayor Suarez: Well, I was speaking about that, but I was also speaking about
the...
Vice Mayor Dawkins: Don't forget the extra thirty.
Mayor Suarez: ...the $30,000 that we deferred action on.
Mr. Waters: That $30,000 is a technical assistance grant...
Mayor Suarez: From?
Mr. Waters: ... from the Department of Community Affairs. --
Mayor Suarez: Also from DCA.
Mr. Waters: Yes.
Mayor Suarez: Also State, you're right, OK. So, Bill, you know we've done -
awfully well by you. I hope you don't take this as any indication of
dissatisfaction. We are fighting to keep your...
Mr. Rios: I appreciate it. -= - s-
Mayor Suarez: ...free trade zone and Monday hopefully, going to twist the
arms of legislators to find the seven and a half million dollars, but...
Commissioner Alonso: Anyway, they did so well because Freddy Santiago did a
hell of a job. That's why they, you got the $100,000.
Mr. Rios: That is correct. I was able, we were able to convince the Citywide
Advisory Board that the nature of this project is extremely large, we are
talking about 3,000 jobs, not talking about five, six, seven jobs. And to
help out Commissioner Dawkins, this project is between Overtown and Wynwood,
22nd Street.
Vice Mayor Dawkins: It's not in Overtown.
Mr. Rios: It is in Overtown.
Vice Mayor Dawkins: Now wait, I said Over, I said, No, no. Let me get on the
record. See, let me get. on the record...
Commissioner Plummer: It's also between Ft. Lauderdale and Key West.
Mr. Rios: That is correct, Commissioner.
Vice Mayor Dawkins: Let me correct this before they send the press and
everything wrong, OK? I never said anything about Wynwood.
Mr. Rios: I know.
Vice Mayor Dawkins: I did not say where Wynwood was bordering on, I only said
that I see no money in here to do anything Overtown.
Mr. Rios: I understand, Commissioner.
- y
126 April 12, 1990
Vice Mayor Dawkins: I repeat on the record. Overtown. Now if your are
desirous of tying Over.town in with Wynwood, I applaud you, I welcome you, and
let's do it.
Mr. Rios: Thank you, thank you.
Vice Mayor Dawkins: But don't come up here and imply that I am...
Mr. Rios: No, I didn't mean to imply.
Vice Mayor Dawkins: trying to short-change Wynwood, in order to assist
Overtown.
Mr. Rios: You are one of my staunch supporters. I want that on the record.
Vice Mayor Dawkins: All right. Thank you, sir.
Mr. Rios: I just want to let you know that the Citywide Advisory Board was
_ very, very happy with the project and the nature of the project. Mr. Mayor,
those $250,000 that you were referring to are project specific. They are to,
they are to provide a specific task, they are not administrative funds, and
they are funds that are to prepare a plan. A management plan for the district
and not funding for the Community Development Corporation. _
= Mayor Suarez: OK. Let me try...
Vice Mayor Dawkins: What you're not saying Bill is...
Mr. Rios: Yes, sir.
Vice Mayor Dawkins: ...that it's been the consensus of this Commission that
Wynwood has been short changed through the process and perhaps, that's why
they got a bigger bite of a dollar. OK? Say that.
Mr. Rios: Thank you. Let me repeat, I agree.
Mayor Suarez: He agrees, he agrees. Thank you, Bill.
Mr. Rios: Thank you very much, sir.
Mayor Suarez: Commissioner Plummer, you had suggested that the Citywide
Demolition Program as a way to make up for St. John's so that we can...
Commissioner Plummer: Only Mr. Mayor, because of the fact that the Manager
tells us that there is a million, two coming down the pike for itousing and
demolition, so I don't think you need demolition in two different places and
there is $350,000 allocated here.
Mayor Suarez: Can we reduce that by fifty, Frank, without creating a problem
at this point? Thank you.
Commissioner Plummer: Let me ask a question, Mr. Mayor.
Mayor Suarez: I'll entertain all of that in a form of a motion at some point.
Yes? Commissioner Plummer.
Commissioner Plummer: Frank, are you telling me that there is not some way
that we could sponsor a City program for $100,000 and then sponsor one of
these programs out of City funds? There is got to be a way we can feed the
hungry people.
Vice Mayor Dawkins: The way to do it Commissioner Plummer is let the
Sanitation Department demolish the houses.
Commissioner Plummer: Oh, I don't have no problem with that. I'll even make
a contract with Rosario Kennedy, I mean, she got nothing to do nowadays. Are
you understanding what I'm saying?
Mr. Castaneda: No. I understand exactly what you are saying. Commissioner,
we been fight...
127 April 12, 1990
Commissioner Plummer: Ts there some program in the City that yoix could fiend �-
from Community Development to around $100,000 then we take the $100,000 that
we saved by that funding and put it back into these food programs, as a
separate Item outside of social services and outside of the Federal money.
There is got to be a way. OK? Now, let me tell you, I'm going to make one �-
other plea before this Commission. I cannot sit still here for one of the
greatest tragedies in this country, and you are only going to give $25,000 for
feeding people with Aids. I can't agree with that, I'm sorry. I'm sorry, it is a devastating situation, it is getting worse every day, and all. these
people are asking is for money to deliver the food to these people that are
dying. Now, I think there must be some program in which you can in fact take
some of this money, put it into the City program, relieve that $100,000 and
reinstate these programs back up to the 6 percent level. And I ask for
consideration. And I know that's not going to please everybody. There's
programs that are new programs that we just can't fund. But I'm fighting to
try to find a way that we can at least keep people at the level, and next year
it's probably going to be impossible, so don't think you got a magic wand.
Mayor Suarez: In the meantime, while we solve that problem with governmental
funds, there is an...
Mr. Odio: The answer... oh, I'm sorry.
Mayor Suarez: ...important fund raiser coming up, I ask that both the Manager
and Commissioner Plummer contribute out of their own pockets for the Genesis
project that the archdiocese has, and that's $25.00 for the auction. We going
to be seeking your funds in the next few days Commissioners and Mr. Manager,
but you are right that, and Genesis is of course is dedicated to people with
Aids.
Mr. Odio: Can we do that? Yes, we can. The answer to your question.
Commissioner Plummer: All right. Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: The answer then comes back yes. I would ask Frank to
put on the record which program, or do you want it on the record. What I'm
saying is, you told me that we were $96,000 to bringing back everybody whole
as they were last year. Now how do I do that to transfer a City program of,
you tell me, you understand.
Mr. Odio: Why don't we bring it back Gil the second reading, and we will...
Commissioner Plummer: All right, so that hopefully we can cut down on
conversations today. Everyone that is here funded presently, the way it
stands right now, you will get your 6 percent back. So if the... (APPLAUSE)
please, please!
Mayor Suarez: If we can identify the funds.
Commissioner Alonso: If we can identify.
Commissioner Plummer: That's fine during the year that I'm running, I am not
running this year. So, if you feel, and you better feel, that you are
satisfied with the 6 percent being restored, knowing on the second reading
that it will happen, don't get up to that microphone and take our time.
Mayor Suarez: OK.
Mr. Castaneda: OK. Commissioner.
Mayor Suarez: And we'll be looking to identify those funds, and I am sure
Frank is going to be busy doing that as a busy bee. Commissioner Alonso?
Commissioner Alonso: Yes. And I have two, three things.
Mr. Castaneda: Commissioner, let me just state for the record, one second,
something.
Commissioner Alonso: Yes.
128 April 12, 1990
Mr. Castaneda: What the Commission is suggesting is not; the suppl ant i ng of
funds, because that is illegal. What. you are suggesting is to look at the
General Fund to see what could be done.
Commissioner Plummer: Absolutely. I would never enter into a fraud of the s-
Federal Government in any way, shape or form.
Commissioner Alonso: We are so glad.
Mayor Suarez: Officially on the record. Oppose fraud of the Federal
Government, and bless him twice. Commissioner Alonso, you are going to make a
proposal and then hopefully incorporate all these into a motion.
Commissioner Alonso: No, no. I has, he has not responded on the record about
the construction.
Mr. Odio: Madam Commissioner...
Commissioner Alonso: That is something that is in my mind, and I want an
answer on that. Also, I think this is the right time to talk about the
quality of the food provided. And we've been listening to people complaining
about the quality of the .food and is something that I think this is the right --
time to address this problem and I like to see how we can resolve that. I
received letters, phone calls, visits, and I like to know first that the food, the menu that is, they say they are going to provide, it's served to the =
people and the quality of the food is what is expected of programs like these,
since we are funding at least a portion of it. I want a guaranty that the
quality of the food is what we expect it to be.
Mr. Odio: Commissioner, the cost of $62.43 per square foot is very
reasonable, as far as a new construction is concerned.
Commissioner Alonso: Well, I want you to know that the kind of price that is
sixty-two, to me it's very expensive. Also.,..
Mr. Odio: That's finished, that's a finished product.
Commissioner Alonso: When we are talking about areas that are going to be a
storage area and they are not going to increase the number of people that they
would be serving is just extra space, so I do have lots of concerns about
this.
Mr. Odio: Yes, Ma'am.
Commissioner Alonso: And since we are going to vote on a package, I want to
express my concern, especially when we see that we have to cut from essential
services that we are using money right here for things that I believe it could
do with less money, and I am sure you are going to look into that as to the
prices that they are going to charge. As a matter of fact, I would like to be
informed at the time that the final, because the plans as they were given to
me, they are just draft, they are not complete plans.
Mr. Castaneda: Correct.
Commissioner Alonso: I like to see them to be certain.
Mr. Odio: We will give you a copy of the finished...
Commissioner Alonso: That sixty-two is a lot of money. They can cut. So I
hope the final price comes back to us less than that.
Mr. Odio: Is $110,000 for 1792 square feet, which comes out. tG $62.00. I am
told that anything below $80.00 is reasonable.
Commissioner Alonso: Well, government price, as you know how it goes.
Mr. Odic: I'll have to check that. As far as the food is concerned, we will
immediately get into the quality of it.
Commissioner Alonso: And the question of the quality food, it's a growing
concern, more and more people are getting in touch with us. More complaints,
something that has to be addressed very seriously.
129 April 12, 1990
U
11
Commissioner De Yurre
complaints also.
Commissioner Alonso: Yes?
Well, let me add to that because we have manv
Commissioner De Yurre: Not, I've never heard any complaints from Urra's
place. I've not heard any from there, it seems like they are doing the job
that ... Now there are some otherc...But in general, in general, it's...
Commissioner Alonso: I think they serve good food, but we have to address the
problem without pinpointing to this name and that name. I don't think it's
fair to do it that way, when we receive complaints of different places. So I
think the best is, address the problem. Be certain that the quality is, you
know, the best and it's true we have not heard complaints about Urra's but
still, I've been told that it is served by the same people, so I wonder how?
Mr. Castaneda: I think Commissioner Alonso has a general concern about the
quality of food and we are going to look into that.
Mayor Suarez: We know the general concern that she has expressed and it's
very valid and we ought to...
Commissioner De Yurre: Which I think is a concern that we all have because we
are experiencing you know, constant complaints about the food and it may not
be one day that it is bad food, just that it comes cold and they are not
warming up the food properly. And ...
Mayor Suarez: There was a scandal at one point, because they reduced the
amount of meat and the amount of actual food served too.
Commissioner De Yurre: But in general, I think there is a dissatisfaction as
far as the lunches are concerned. Now as far as, you know I'm looking at this
and you know $110,000 you know, then again you can spend $110,000 in an
office, as we have learned also.
Commissioner Alonso: We know, but we don't want to talk about that. Do we?
Commissioner De Yurre: That's right. So, there's got, you know, there aren't
that many wall here. I mean like there isn't that much...
Commissioner Alonso: Open space, it's less expensive.
Commissioner De Yurre: Yes. And I'm sure that you are not talking about
putting in marble and things that really shoot up the price. So I tend to
agree that 62 bucks for this may be a little bit too high.
Commissioner Alonso: Yes. Another thing. You will look into that and please
come with prices that are reasonable. I like to bring up...
Mayor Suarez: Yes. Squeeze it to the minimal amount.
Commissioner De Yurre: Let me say that I support...
Commissioner Alonso: Yes, yes.
Mayor Suarez: Squeeze it to the minimal amount needed to...
Commissioner De Yurre: Let's make it clear that we, I support and I think
that we support as a whole doing this addition to the place, OK?
Mayor Suarez: Absolutely, the expansion...
Commissioner Alonso: Oh, we definitely do, yes.
Mayor Suarez: Just make it as cost-efficient as you can. That's,..
Commissioner De Yurre: But, I think that we can cut it back a little bit as
far as the cost is concerned.
Mayor Suarez: All right. Yes, Vice Mayor?
130 April 12, 1990
1
Vice Mayor Dawkins: We have School. Board member, Bill. Turner. Where is he?
He is down here to support these individuals out hern who are asking me for
money, so, I definitely want him seen so when I go to the School. Board, they
will s-ee me too. Bill Turner? Well, whenever he comes forward, will you
recognize him please, sir.
Mayor Suarez: OK. Soon as the School Board members here, we will recognize
him and we will also going to hear very soon, I think on this item from Earl
Phillips, another County official, very possibly, former Commissioner Beverly
Phillips. In any event, I'll entertain a motion to make the, what I hope will
be, no —Commissioner Alonso?
Commissioner Alonso: Yes. I have some questions about a program, Cocaine
Mothers. And I have looked at these proposals and I think that if a program
is needed, is this. It is a serious problem and I wonder why it has not been
included, being such an important program.
Mr. Castaneda: The problem with that proposal is that even though it is an
excellent idea and an excellent need, it hasn't materialized yet, the program.
For example, they had told you that they were going to get allocation from
Dade County. I understand that from this morning's meeting, there is no
allocation under CD for that purpose, so I am not so sure that they have the
funds available to put the project together and that has been why the program
did not rank as high as perhaps it should.
Commissioner Alonso: They told me that have the support of the School Board.
Jackson is going to provide medical services for a year, and this seems like
very strong support..
Commissioner Plummer: Xavier, there is Bill Turner.
Mr. Castaneda: Commissioner, to tell you the truth...
Commissioner Alonso: Did you meet with them again this morning?
Mr. Castaneda: I have not met with them this morning, but we have kept in
very close touch with what's happening at Metropolitan Dade County at their
Committee meeting and we understand that there is no allocation from CD for
that particular program.
Commissioner Alonso: OK.
Mayor Suarez: I'll entertain a motion and if not, I'll make a motion that we
accept the Advisory Board's recommendations with the exception of St. John's
as made whole to the tune of $50,000 which would come, I guess from citywide
demolition program. And Commissioner Plummer':; recommendation that between
now and the first reading of the actual ordinance, we try to make whole all of
the programs that were funded last year by finding the hundred and some
thousand dollars that are needed...
Commissioner Plummer: Ninety six.
Commissioner Alonso: Ninety six.
Mayor Suarez: ...and the additional proviso that as to Regis House, the money
not be actually paid out until it is determined that the site in question is
proper for the purposes intended and has met all the zoning and so on,
requirement.
Mr. Castaneda: And the Commission wants to increase the funding therefore, at
Wynwood Economic Development to $100,000.
Mayor Suarez: Well, that's part of the Advisory Board's recommendations,
unless somebody modifies my motion, that would be the motion, otherwise we
will be here all night.
Commissioner Plummer: Mr. Mayor, may I suggest, sir...
Mayor Suarez: Yes.
CoaLmissioner Plummer: ...that you hold your motion until we hear from the
others that want to be heard?
131 April 12, 1990
Vice Mayor Dawkins: No. Let's second the moti n and then do that under
discussion.
Commissioner Plummer: OK.
Vice Mayor Dawkins: You got a second?
Commissioner Plummer: I'll second it for purposes of getting on.
Vice Mayor Dawkins: OK. Under discussion, all. right.
Commissioner Plummer: I don't know whether I'll do that or not, Annie Adkers
is over there.
Vice Mayor Dawkins: OK. While we, there is a motion properly made and
seconded it and now under discussion, but before that, I see Mr. Turner, just
raise your hand so they could see you. He's here.
Mayor Suarez: School Board Chairman, Bill. Turner.
Vice Mayor Dawkins: Yes. Thank you, OK.
Mayor Suarez: Still Chairman, aren't you Bill?
Mr. Bill Turner: Yes.
Mayor Suarez: They haven't deposed you, or dethroned you, or...
Vice Mayor Dawkins: OK.
Commissioner Plummer: If you don't believe it, watch cable TV.
Vice Mayor Dawkins: We have four people scheduled to speak here and, so I'm
going to call them. All right, OK, so, but, since we have, Ms. Francena
Thomas, we'll let you speak first.
Ms. Francena Thomas: Yes. Thank you so much Commissioner Dawkins.
Vice Mayor Dawkins: Can we limit this to three minutes please? Do you think
so?
Ms. Thomas: I'll work very hard at that, Commissioner Dawkins.
Vice Mayor Dawkins: OK. Thank you.
Ms. Thomas: You know, I'm so short and brief all the time.
Vice Mayor Dawkins: Thank you.
Ms. Thomas: Let me say that I am Francena Thomas and I am the Vice Chair of
Greater Miami United. I am addressing the Honorable Board's Commissions on
behalf of Technical Resource Center. Miss Ester Master is passing you a
package that speaks to the work of the Technical Resource Center. We are here
first of all, to thank the City for the kinds of things they have done with us
in the past and helping us, kind of maintain this activity. If you recall, in
the early days of the CDC's, many of them were cited for poor management,
this, that and the other. Since the TRC has come into being, we have had very
few of those kinds of problems. The CDC's are doing well but we need to
continue the support that we have been offering them. It seems that we were
funded by the City for $100,000 since 186, we've been funded by the City and
the County. This year the Department of. Community Development informed us
that HUD had ruled that technically, our program is engaged in technical
assistance and therefor, not eligible to receive funding under the Economic
Development portion of the Community Development block grant received by the
City. The City end GMU have contested this interpretation and we are still
working on that, and we do believe that because of the nature of what we do,
that enables the CDC to do the other things that they do, that we will be able
to get that ruling altered. But in the meantime, we are without funding to
continue the work as it is going on. And we still believe that we would be
able to manage that process very well, as we have been doing, if we can get
the continued funding from the City. Now, we have talked with Mr. Castaneda
132 April 12, 1990
and has been most receptive and assisting as he can ben. However, unless we
look at the other portion of the funding and the other options, we don't think
we will get funded. So we are asking that you restore our funds to the
$100,000 that we've been getting for the year., and let us continue this -
operation. We can work on that resolution together because, I think, we are
perhaps the only group or agency that falls into that category, where we are
considered to be doing technical assistance, technically. But generally
speaking, everybody recognizes the significance of it and why it must — -
continue. --
Vice Mayor Dawkins: OK. Thank you.
Ms. Thomas: Are there are questions regarding this? Because we do believe we
can be funded perhaps under the administrative portion of the funds that come
down, Frank. And perhaps that's where some of the money can come from for us
to be funded.
Vice Mayor Dawkins: OK. Thank you. Ms. Adker.
Ms. Ann Marie Adker: I am Ann Marie Adker, I live at 407 NW 5th Street. I
was elected to the Citywide Community Development Advisory Board and appointed
by this City Commission. Now I said all that because I know that you need
citizens' participation. However, I am insulted no end because most of the
proposals that your City staff has recommended from Overtown projects, I never.
saw. And I am sure that we were supposed to approve them. I need to have
clarified, you have under CDC's or Community Based Organizations, $500,000.
You have Overtown included there, I want to know, who is being funded?
Mr. Castaneda: On their staff...
Ms. Adker: I didn't see any of the proposals. Who is being funded?
Vice Mayor Dawkins: Pull the mike up some, Ms. Adker, please.
Ms. Adker: You can't hear me?
Vice Mayor Dawkins: Yes Ma'am. But I don't think they can. Yes, Ma'am, I
hear you well.
Ms. Adker: OK, OK.
Mr. Castaneda: Ann Marie, the agency that we are recommending in Overtown
under Economic Development is New Washington Heights.
Ms. Adker: Why?
Mr. Castaneda: If you recall, you were on the, in the Board meetings, where
these items were discussed, and in the part, of St. John's, you voted against
St. John's and staff still disagrees, we are recommending the funding of St.
John's.
Ms. Adker: No, I didn't. You said that St. John's, or some one said that St.
John's would be funded out of the...
Mayor Suarez: Tax increment, tax increment program.
Ms. Adker: ...Housing program. $50,000. I don't have any problems with
that. But I want to know what is New Washington Heights getting or why are
they getting fundings from Overtown, when they are building a hotel. If they
build a hotel, because they been building something for the past 17 years.
And it won't be .located in Overtown, so why are they getting $50,000 from an
allocation from Overtown? I really need some answers.
Mr. Castaneda: Ann Marie, on the specific case of New Washington Heights, New
Washington Heights is the only recognized community based organization.
Ms. Adker: By whom?
Mrs. Castaneda: By the City.
Ms. Adker: Well, good! Why can't. you recommend allocations from somewhere
else? And then, and if we have any monies left in Overtown, then we will
think about what to do with it.
133 April 12, 1990
Mr. Castaneda: That they are community based organization, the reason that we
are recommending for funding is, that they are working on this hotel project,
they have been declared to be the developers for the site and I would consider
it very unfair for us to recommend against providing funding when that would
have a definite impact on their ability to develop the hotel.
Ms. Adker: Mr. Mayor.. _
Mayor Suarez: Yes. Mr, Vice Mayor in this case.
Ms. Adker: It seems as though we have got the cart before the horse here.
OK. Has New Washington Heights obtained the land to build the hotel on yet?
Mayor Suarez: That was the subject of our discussion this morning Ann Marie.
We all. have our own estimates as to whether they will be able to do their
project. And it doesn't do any good to argue about it today because...
Ms. Adker: I'm not arguing, I want it clear.
Mayor Suarez: ...Yes. We'll know the answer to that very...
Vice Mayor Dawkins: Seeking information, Ms. Adker, you are not arguing.
Ms. Adker: That's right. That's what I need to know.
Mayor Suarez: We'll know that very soon and at that point, maybe the project
just simply won't be able to get off the ground.
Ms. Adker: And in the meantime, you would. rather give $50,000 to again throw
it in the air?
Mayor Suarez: Well, we think it's a dream that may come true soon, put it
that way and it may not. We hope it will..
Ms. Adker: They've thrown nearly a million dollars in the air. Nothing has
happened in Overtown. I want you to be sure of this.
Mayor Suarez: Well they are very close to a very exciting project.
Commissioner De Yurre: Mr. Mayor, I think that she makes a very good point
and it is something that we have been discussing. Not ,just that project but I
think if we start analyzing and going up and down the line, we may find other
projects that really are not viable. And we keep putting money year after
year in supporting a concept that, you know, if we were private enterprise, we
would not put up with this because we would be down and out in bankruptcy in
no time flat. You cannot extend a project for ten years in the hopes that it
will get built. You know, either the situation exist for something to happen
or it doesn't. And I think that it gets to a point that, whether it's
worthwhile or not, that there are many other worthwhile programs wherein money
could be, maybe, better used. And I think that we may now have to do an
analysis of existing concepts and projects that have been in the works for
quite a while and to make a determination which may not be easy to make but to
see whether we can afford to go ahead with these or not, or just discard them
as far as we are concerned.
Mr. Castaneda: No, I understand your comments Commissioner. Our position has
been, is, that as long as they are the selected developers for that particular
site, we should not cut them off in mid stream. However,_
Commissioner De Yurre: Mid stream is, how many years is mid stream?
Mr. Castaneda: Well, but if Off -Street Parking was to determine that they did
notwant therm to be the developer, then we would be talking about something
alse. As long as Off -Street Parking considers them to be the main
developer...
Commissioner De Yurre: How touch does Off -Street parking give them?
Mr. Castaneda: Nothing.
Commissioner De Yurre: Why?
134 April 12, 1990
1�
P_�
Mr. Castaneda: But the-v have the land undeveloped either.
Commissioner De Yurre: Whose land is it?
Mr. Castaneda: Theirs. Three and a half million dollars.
Commissioner De Yurre: Who is theirs, who is theirs?
Mr. Castaneda: Off -Street Parking, I guess the City or somebody.
Commissioner De Yurre: Off -Street, who owns the land?
Mr. Castaneda: Off -Street Parking.
Commissioner De Yurre: OK. So. The bottom line is that they haven't given
anything and they don't, to them it's, it's no big deal because they are not
losing anything at this point in time. They are not doing anything with that
land anyway. But we are putting up the money to maintain this dream -going,
and as far as I know, it ain't going too far. And yet, Off -Street Parking has
nothing to lose because they are not giving a penny. So they can go ahead
with that dream and keep it going. It's cost effective. But I think it comes
a point in time that we have to make tip our minds whether we can actually go
ahead with certain projects or whether we have to, you know, they have to bite
the bullet and move on. Just, you know, my editorial for the afternoon.
Vice Mayor Dawkins: Now, you are aware before you start talking...
Mayor Suarez: I'm glad you said that.
Vice Mayor Dawkins: ...that we have agreed to fund you.
Mr. Xavier Cortada: We have.
Mayor Suarez: And that the more you talk the worse...
Vice Mayor Dawkins: Now, it is, it is to your advantage to sit down and be
contented.
Commissioner De Yurre: He's going to say thank you, that's all.
Vice Mayor Dawkins: Because you got momentum going with you. And we going to
be here until 9:00 and the longer you talk, the less you're going to have my
support. I don't know, so be my guest sir.
Mr. Xavier Cortada: Thank you Commissioner Dawkins.
Vice Mayor Dawkins: All right sir, go right ahead.
Commissioner De Yurre: OK. Good-bye.
Mr. Cortada: I'm not talking about 16th year funds, I'm talking about 17th
year funds which just a matter...
Vice Mayor Dawkins: We are not discussing 17th year funding, so you not
speaking to the issue. You are out of order.
Mr. Cortada: I spoke to the City Clerk about it or someone at City...
Vice Mayor Dawkins: See, but she is not chairing the meeting either. We are
not, we are not, Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: We are not discussing 17th year funding, sir. We are
discussing 16th year funding. For him to speak to the point., what must he
speak to?
Mr. Fernandez: The present year's funding.
Vice Mayor Dawkins: So you are out of order, sir..
135 April 12, 1990
0
E2
Mayor Suarez: Just let him make a statement.
Vice Mayor Dawkins: You may make a statement, go ahead. And you are out of
order.
Mayor Suarez: You may assume that if we give you the grant this year and if
you do well, as you have seen these other programs, typically you get funded
the next year. But it is not a good idea today to start arguing that point.
Mr. Cortada: Thank you, Mayor Suarez and the rest of the Commission.
Mayor Suarez: All right.
Vice Mayor Dawkins: Next.
Rev. Thank you.
Mayor Suarez: Father, you are most eloquent, you are most eloquent.
Dr. Fernando Egea: OK. I'm just going to take a few minutes of your time. I
know that, my name is Dr. Fernando Egea, I am a physician, I am here
representing the medical association of Florida International Medical
Association. We, Dr. Rolando Espinoza, which is right there, moving around.
Briefly, I am here, and I don't, I think Mr. Dawkins may, I think he closed
the door on anyone that was not funded any money, we cannot get funded
anymore, or I'm not sure, the motion that just went by. Basically, with this,
yes we are a medical association and yes we are associated with the Cuban
pedagogy association, which is a teaching association. We have presently a
program for Aids and I know the Commissioner Plummer spoke about feeding the
Aids patients,. We can feed the Aids patients at $95.00 a month and also
deliver education, risk reduction, information by health care professionals.
We are not charging...
Vice Mayor Dawkins: Quiet in the Chambers please, quiet in the Chambers. We
need a little... Thank you.
Dr,. Egea: ...Other programs are asking for $140.00, we estimate $140.00 per
person. We can do this for $95.00 which I think is very competitive. We
presented this to the Commission, to the sub -Commission about a few weeks ago,
a few months ago, a month and a half ago, and basically they did turn us down.
We were asking for you basically just to look at it and see if it's adequate
or not. Just give us a chance, take a look at it. OK?
Vice Mayor Dawkins: OK. Thank you. Ms. White.
Ms. Helen Whack: Good afternoon. My name is Helen Whack, I am president of
the Overtown Tenant Advisory Council of Dade County. I am also
president of Rainbow Village, Overtown. My concern is today that, the City of
Miami, we have any way from ten to fifteen thousand registered voters within
the City of Miami. We _ lobbied the City and the County. We got one
grant, one hundred, two hundred and fifty thousand dollar grant was matched by
the County. That is the only money that we have ever pulled out of the City
for the residents within the City of Miami. We are asking you today to
consider our need. We have need to the residents within Dade County that live
within the City of Miami. We have a crime problem, crime is everywhere but,
Mayor Suarez knows there's crime Overtown, is very, is very, you know, is
outrageous. Safety and security is too. We are in need, I'm talking about
the residents within the City of Miami and Dade County HUD within the City of
Miami. We are asking you to consider our needs in making your recommendation,
please. Thank you very much.
Ms. Adker: Tell them how much.
Ms. Whack: $3,000,000.
Commissioner Plummer: How much?
Ms. Whack: $6,000,000 please consider..
Commissioner Plummer: Oh, I thought it was soraething big.
Ms. Adker: No. That was $3,000,000.
136 April 12, 1990
2
Vice Mayor. Dawkins: Go ahead, Ms. Hines.
Ms. Lottie Hines: To the Mayor, Mr. Flummer, Mrs. Alonso and Commissioners
Dawkins and De Yurre. I sit, on the City Advisory Board and 1 do know, as Ms.
White said, you have only given to the City $250,000 when we came down to talk
to you, lobbied for that amount of money. All of that money has not been
spent because someone came to us and said there was a balance of that money.
We need to know where the money is. We need more monies now. I£ at that time
you gave us money for safety and security. As you know, as Ms. Whack alluded
to the fact that safety, decent, safe and sanitary housing means a lot to the
people.
Commissioner Plummer: Are you talking about in the HUD projects?
Ms. Hines: HUD Developments?
Commissioner Plummer: Yes.
Ms. Hines: I'm talking about Overtown completely in this City.
Commissioner Plummer: Oh, OK. I'm sorry. I was trying to clarify.
Ms. Hines: And the monies that's needed for Overtown within the City of
Miami. $6,000,000 is really a tear in the bucket to what we really need, b*:t
if there is any way possible that you all can see that we get that money, we
will graciously take it. All right? And we would like to just step back just
a little bit, Commissioner Dawkins, you remember when we asked about that
money that was given, the money has not been spent. Well we need to...
Vice Mayor Dawkins: But it was given, it was given, nothing, go ahead, no
problem. Yes, Ma'am.
Ms. Hines: It was given in case Dade County would match it, right. They are
saying that they matched it.
Vice Mayor Dawkins: Where is it, if they, where is the match? Let's don't
get into that, let's don't get into it.
Ms. Hires: Well, OK. Don't worry about it, the only thing about it is that I
yield to you, ask again, please, we need that money, all right?
Vice Mayor Dawkins: Yes, Ma'am.
Ms. Hines: OK.
Vice Mayor Dawkins: Next.
Mr. Tim Richards: My name is Tim Richards, I am the president of the Bake
House Art Complex. I would like to thank the City Commission for its past
support of our efforts. We are an artist colony organization, a non --profit
located in the Wynwood area. We have been operating for three years. We
provide low rent studio space for community artists. The City of Miami Beach
has a similar project, it has received operating support from the City of
Miami Beach. We have never asked for the City Commission for operating funds.
Vice Mayor Dawkins: But you see, you should not lead the public astray. You
have never asked us for operational expense but you asked us for money for
capital improvement and for other things. So don't stand there sir and make it
appear as if we, the City of Miami, have not attempted to help the Bake Arts
Center.
Mr. Richards: As I said before, we are very grateful for that support and we
appreciate it.
Vice Mayor Dawkins: Well, say it loud, say it loud so that they can hear
that.
Mr. Richards: We are extremely grateful for that support.
Vice Mayor Dawkins: Thank you. All right, sir.
137 April. 12, 1990
Mr. Richards: This arts or.gani7.at: ion has jlist been written up in John
Nesbit's Megatrin's 2000. It's probebly Dade County community.
Mayor Suarez: We won't hold that against you.
Mr. Richards: Pardon me? At any rate...
Mayor Suarez: Isn't he doing book two now?
Mr. Richards: We desperately need $32,000 to make the outside of the building
presentable. It's highly visible from I-95. We desperately need a paint job.
The Manager has not recommended funding for our request and we would ask the
Commission to seriously reconsider giving us that. I think we are enriching
the lives of the people in Dade County and the Wynwood area.
Vice Mayor Dawkins: Go to my office now, tell my staff to set up an
appointment with the painter's union, and let's see if the painter's union
will donate a Saturday, like they do everywhere, and ther. the Mayor, the rest
of the Commissions, we will see if we can raise the money to buy the paint and
let's get it done as a community project.
Mr. Richards: We appreciate that very much.
Vice Mayor Dawkins: So, I mean, there's no sense in us, you know beating a
dead horse, OK?
Mr. Richards: Thank you very, very much.
Vice Mayor Dawkins: Go over there now and tell them I said make an
appointment with the president of the painter's union and let's get the
painters to donate a Saturday, and we get the money to buy the paint and let's
get it done.
Mr. Richards: Thank you very much.
Vice Mayor Dawkins: All right, sir.
Unidentified Speaker: Will the Mayor come and help us paint the building the
way he said he would?
%lice Mayor Dawkins: No, he only plays basketball.
Commissioner Plummer: God help you!
Unidentified Speaker: How about J.L.?
Vice Mayor Dawkins: He only buries bodies.
Commissioner Plummer: Not me. I'll send my representative.
Mayor Suarez: We will be there.
Vice Mayor Dawkins: No ma'am, we will be there.
Mayor Suarez: You know I referred my younger brother to go over there and
paint the graffiti. Did he come by, the huge guy? The 6.5 two hundred and
eighty pound guy?
Unidentified Speaker: Yes he did, yes he did. May be we can work with him.
Thanks a lot.
Mayor Suarez: He will be my stand in, he will be my proxy.
Vice Mayor Dawkins: Mr. Phillips, oh, Mr. Phillips. No, I'm sorry, Mr.
Wingard and then Mr. Phillips. OK. Go right ahead.
Mayor Suarez: We are saving the best for last, Director.
Ms. Anatolia Patino: Thank you. Good afternoon. My name is Anatolia Patino
and I am at the First United Methodist Church in downtown. We have a program
and we feed the elderly in downtown and we are really...
138 April 12, 1990
vice t7ayor Dawkins: Could we have quite in the Chamber please? If you have
to have a conversation, would you hold it outside of the Chambers please.
Thank you. I'm sorry, go ahead.
Ms. Patino: That's all right. We asking the City to help us with $16,578.
And we are getting $10,000 for what we are really grateful. But this ,year, we
are really in need as you can see, we have a deficit of $15,000 and we really
need the help of the City for $16,578 to feed the people in downtown, the
elderly in downtown Miami.
Mayor Suarez: Excuse me, Ma'am, what are they recommended for? Can we get
that?
Ms. Patino: Ten thousand, thirty..
Commissioner Plummer: Ten thousand, thirty -sever, dollars,
Mayor Suarez: Is it one of those that will be made whole possibly if we
identify the rest of the funds?
Commissioner Plummer: No, no, that is made whole.
Mayor Suarez: That is made whole. OK. Go ahead and finish your statement.
Ms. Patino: Yes. I will like to ask you respectfully, i.f it is not possible
in the budget to get from different source $6,000 one year charge. Only once,
this year that we are really in trouble, we'll see what happens next year. Is
the difference of what we were allocated to what we are asking for. Thank
you.
Mayor Suarez: Thank you for your statement.
Vice Mayor Dawkins: Go right ahead, air.
Mr. Carlos Batista: I have to use the other microphone, I have a slide
presentation, so... I am Carlos Batista, executive director of the Light of
Miami program and I think it's seldom that a group comes to you two and a half
years later to give you thanks for something you have done two and a half
years ago, so I'll like to take the opportunity today to do that. The Light
of Miami is a non-profit and it has never, as a non-profit, never requested
funds from the City of Miami. We did receive some funds from the parking
meters, a use of a two and a half years ago. We used fifteen thousand to get
Light of Miami stated. I want to show you very quickly in slides what has
happened during those two and a half years really fast. I don't know if the
lights could be turned off from the room but it will...
Vice Mayor Dawkins: Dim the lights officer please, behind you.
Mayor Suarez: How about these big reflectors, can these be turned down?
Someone, staff.
Mr. Batista: Thank you. Two and a half years ago, we came up with this
picture. It is computerized enhanced picture of the skyline of Miami, how we
like it to see. This picture was taken one year ago. You can see a certain
amount of progress already taken .in illumination. However, the question three
years ago was, would anybody come to the City of Miami, come to downtown Miami
at night? This is a daytime picture, this is a night time picture. If you
remember three years ago, nobody would come to downtown at night. People did
not feel safe and very few people will stay in downtown even after work times.
Now when you come to this City at night - and I am apologizing that the
pictures are not very clear, because of the amount of light in the room - but
will anyone feel safe and comfortable enough coming to this City? This is
only two and a half years later. What is the economic value that Miami has
derived out of this type of lighting. We have calculated between thirty
million and fifty millions, and I am, I have the statistics ready for Miller
Dawkins, which he requested for the approving the amount of money worth. As
you remember, the whole thing started with the Centrust. That was the first
building that illuminated, but there is a powerful influence that lighting can
create for the City. If you see the street picture of the same corner, we
show that the difference in lighting can make a difference on the visual
impact. Would you return to this corner one night, will you come back to that
corner some late night, some late night of 10:00, 11:00, 1:00? How...
139 April 12, 1990
= Commissioner Plummer: It sure didn't make an impact on your video.
= Mr. Bastista: On which video? this... -
Commissioner Plummer: This video.
Commissioner Plummer: You need to light up the video, not light up Miami.
Mr. Bastista: To appreciate light, you need darkness and I am missing the
darkness necessary to appreciate the light.
Commissioner Plummer: If this is your sales product, you just failed. -
Mr. Bastista: OK.
Vice Mayor Dawkins: Look. Madam Clerk, do not take any more requests. We
not just going to just keep walking in the door and want to speak. After
Doctor, this, 1, 2, 3, 4, Dr. Phillips, that's the end of the public hearing.
OK? People just keep walking in the door with stuff, walking, we'll be here
until 5:00 tonight. Go ahead, I'm sorry, I'm sorry, sir.
Mr. Bastista: Again, to show the power of lighting, if you notice there are
three buildings in that picture, one is in the center, you can barely see it.
Now on this back, lit on- this is a bad picture- but I am proud of it because
the Commission gave through the facade improvement program funds. In twenty
years, this is the first time that City money was used for physical
improvement along with the private sector. For twenty years, there had never
been any City money utilized for that purpose, and this was the first time.
I use that as Executive Director of the Downtown Miami Business Association.
followed through with sliding on his buildings, the Downtown
Development Authority followed through with the demonstration block. We put a
live sculpture recently, if you can see from the Peoplemover. Now the power
of that advertisement is what brings say, funds for the City. If you look at
postcards, now there is a lot of postcards utilizing the light, the City at
night. There is also magazines that have used that at the front cover, I am
going to go very fast through all of them, but Lipton tournaments use it, a
radio advertising Akerly Communications, The International Trade, The Brickell
Avenue Association, The Miami Herald, The DDA, Chamber of Commerce, individual
buildings that advertise with an eye picture, Miami River Magazine. Borma
uses it on their cover. In other words, the Miami Herald has also provided a
lot of articles that have to do with illumination. The point of this
presentation is to show that the advertising value that illumination has for
the City of Miami is very substantial. The power of Light up Miami comes
internally because it provides pride, safety and unity. This is the event we
did on the 25th of November of 1987, which was the first effort to do so.
This one, it is the demonstration block party started daytime, and went into
the night time, and that was fascinating to see, was historic to see people
staying downtown as it got darker. This is again the sculpture that we put up
visibly in the Peoplemover was put on top of the, a fire station with the
support of a shift And externally it is attraction and retention, in
terms of the amounts of people that will come to Miami especially if we can
provide an event such as this one, on a yearly basis. I want to end with the
same picture which is what we like to see happening in the near future. Now,
today nobody is afraid to come to downtown, nobody is really afraid to come to
downtown at night. There are areas in downtown where you may not want to walk
through, but basically to come to downtown at night, that fear is gone, you
don't see the public afraid. We have put in front of you a proposal for
security lighting. However, we are withdrawing that proposal, we are removing
that proposal from in front of you, we are not asking for that funds. We
think that the private sector can continue to do that as it his been on the
past. We thank you for the money that you gave to the Light up Miami project
through the downtown Miami Business Association two and a half years ago, and
we will like to make this presentation. We had a video, by the way, which we
cannot show you, it is a commercialized presented in Japan in Japanese with
the skyline of Miami in the background, but I can't get that one to work
either. So, I apologize for that but I want to say thank you very much from
the Light up Miami Board for the support that, this City has given in the past.
Thank you.
Vice Mayor Dawkins: Thank you, sir. Lights please. Mr. Jimenez?
140 April 12, 1990
Mr. Arsenio Jimenez: Yes, sir.
Vice Mayor Dawkins: Go right ahead, sir.
Mr. Jimenez: Thank you. My name is Arsenio Jimenez, I am the Principal of
Wyngar School. First of all, I would like to thank you, Commissioner Alonso,
for bringing the project to light. Mr. Castaneda says that he seen that the
project is a good idea, but the County told him that there is not much in fund
for us. That's no problem. If I ask the Commission, that the opportunity to
go to the County and get a letter from them stating that if the City provides
me that amount of money the County will match the funds. That's very easy to
solve. If I don't get that letter., you don't give me the money.
Mr. Castaneda: But they have a commitment right now. If that is the case,
you'll get money?
Mr. Jimenez: Pardon me?
Mr. Castaneda: Do you have a commitment saying, if you have $150,000 from he
City of Miami, you will get funded?
Mr. Jimenez: They ask me for a letter.
Mr. Castaneda: But you don't have commitment?
Mr. Jimenez: A verbal commitment. So they ask me for the letter from you, so
they can match those funds, but I can't ask them the situation here, so they
can give me a letter first.
Vice Mayor Dawkins: OK. Well, I'll tell you what. I think we can settle
this. You go to them and get your $150,000 and then come back to us.
Mr. Jimenez: OK. I like that.
Vice Mayor Dawkins: Now, see, there won't be no letters, we'll be dealing
money with money. Because we going to give you a letter and then, you know,
what good is the letter for you sir? You need money.
Mr. Jimenez: Yes.
Vice Mayor Dawkins: So you go back to the County and tell them, Miller
Dawkins said give you the money. And then you come back to us and then we
talk about what...
Mayor Suarez: They'll throw you out on your ear, but...
Vice Mayor Dawkins: OK?
Mr. Jimenez: Yes, sir. Thank you.
Vice Mayor Dawkins: Is that, would you agree with that?
Mr. Jimenez: Thank you, sir.
Mr. Thomas Borell: Good afternoon. My name is Tom Borell, 301 Ameri Avenue.
I am an attorney here in town and I am here on behalf of two of my clients.
The first one who was, agenda, item No. 43...
Commissioner Plummer: Are you a lobbyist, sir?
Mr. Borell: I have registered, yes.
Vice Mayor Dawkins: You being paid to do this?
this, or are you doing this pro borio?
Mr. Borell: Today? I'm not being paid.
Vice Mayor Dawkins: OK. Go right ahead, sir.
Are you being paid to do
Mr. Borell: And I did register. The first group is Florida Housing
Cooperative. I am sure that you are all well aware of this group and the work
that it has done in the past. They have made a petition seeking the sum of
141 April 12, 1990
$300,000 to continue in their efforts to provide low income housing via a
cooperative ownership basis, here in the Miami area. What these funds are
going to be used for is to purchase an existing building, convert it to a
cooperative and thereby help low income working families achieve the American
dream. The other group that I am here on behalf of is Flagami Community
Center. I am sure that you all are aware of the work this group has done.
They have, for the past few years they have done some work with the City, some
small contracts with the City this past year. They have been funded $20,000
by the State of Florida, and they are asking a similar amount of money so they
can continue on to do the work which they wish to do, which is to provide
information to people, provide referral services, and to also embark on a new
project which would be to help feed some people that otherwise wouldn't be
able to be fed.
Commissioner Plummer: Are you Mr. Borell?
Mr. Borell: Yes, I am, Commissioner.
Commissioner Plummer: Sir. Are you an attorney?
Mr. Borell: Yes, I am sir.
Commissioner Plummer: Have you ever heard the old saying that you get more
flies with honey than you do with victor, with vinegar?
Mr. Borell: Yes, sure.
Commissioner Plummer: You know, as the Cubans have their old saying, the us
gringos have a few. OK?
Mr. Borell: That's true, sir.
Commissioner Plummer: Let me tell you something. And I'm telling you this
for next year.
Mr. Borell: Yes, sir.
Commissioner Plummer: If I received a letter from you telling me that I
discriminated against you because I didn't give you four and a half million
dollars, and if you told me in a letter that the board has totally ignored
you, I think I would be a little offended by such a letter if I received such.
Mr. Borell: Did I send you that letter?
Commissioner Plummer: You sent this letter hand delivered to the Mayor...
Mr. Borell: I did, I did, sir?
Commissioner Plummer: I'm sorry, your letter requested, your letter asked
for four and a half million dollars.
Mr. Borell: Understand. OK. No, no, mine is...
Commissioner Plummer: Yes sir, four and a half million dollars. I have your
letter over your signature.
Mr. Borell: My letter?
Commissioner Plummer: Sir, are you Thomas L. Borell Attorney for Florida
Housing Cooperative of Inc.?
Mr. Borell: Oh. I'm so sorry, I didn't have a copy of the letter which you
were referring to.
Commissioner Plummer: Your secretary won't give you a copy of your letter?
Mr. Borell: No, sir, I'm sure that she would, it's just that you know, a lot
of letters are written.
Commissioner Plummer: All I'm saying to you is...
Mr. Borell: Yes, sir.
142 April 12, 1990
Commissioner Plummer: ...that you know, I don't think this is the proper way
to do business. When you're asking for something, I'm not saying, come with
your hat in your hand, but I don't think that it should be gruff and abrupt,
because if I was sitting there and this kind of an attitude is that which
would be prevailing, I would have a problem with it, Now, we know that
Florida Housing Cooperative does a damn good job.
Mr. Borell: Yes, sir.
Commissioner Plummer: They always have. But I just think that this kind of
letter is unnecessary.
Mr. Borell: I don't think that my name appears on whatever the letter it is
that you are reading from.
Vice Mayor Dawkins: No, no, is not, your name...
Commissioner Plummer: Your name does appear on that letter...
Mr. Borell: It does sir? If...
Commissioner Plummer: ...It says, "the Board of Directors of Florida Housing
wish to bring the attention of the Commission to the petition by you" OK?
I'm not accusing you of this phrase, letter.
Mr. Borell: Oh.
Commissioner Plummer: I'm just saying that you are part and parcel of this.
You follow what I'm saying?
Mr. Borell: That the group that I am representing wrote you a letter...
Commissioner Plummer: Yes, sir.
Mr. Borell: ...which I didn't sign, that you are referring to.
Commissioner Plummer: Yes, sir. OK? I'm just saying, I think it would it
would be nice to go before a board and say, hey, we appreciate all you have
done in the past, and we hope you can help in the future. But to say you
discriminated against me, to say you ignored me, I think it kind of rubs
people the wrong way. Keep that in mind for the future.
Vice Mayor Dawkins: And I think Commissioner Plummer, if you search the
records you will find that we have provided funding for your, for them, And
for them to say that we have ignored them, is a bit much.
Mr. Borell: Well...
Vice Mayor Dawkins: And it rubs me the wrong way also, knowing that I have
personally sat up here and given them money to operate with and etc. and for
them to come and say that we have ignored them, that's a bit, that's a bit
much.
Commissioner Plummer: That's just a suggestion.
Mr. Borell: Well, I thank you fcr the suggestion, Mr. Commissioner and Mr.
Vice Mayor. As far as what was said in the letter, and what was being made
reference to, since I didn't sign the letter, I'm sure that they could answer
as to what type of discrimination it is that they felt that they were a part
of.
Commissioner Plummer: Well, I see, I see the two behind you that are taking
notes.
Commissioner Alonso: Yes. It's true that the letter has come eery strongly,
but also I think that perhaps we should not penalize the good work that they
do, by not trying to see if we can take a positive action and give sorr_e help
to the housing cooperatives that have done, really an outstanding job in this
community. I really think that's unfair, the strong words that were used in
the letter, but still I feel that we should really come forward and help a
program that is very helpful for the community, providing housing for the
143 April 12, 1990
people who really need it the most. I 4roi.fld like to move to allocate the
amount that they have requested of. $300,000 to Housing Cooperatives, with a
proven track record of more than three years, to rehab. to build, and/or
purchase housing to expand the housing cooperative, and I would like to move
in that direction, and I hope I could get three votes to support me.
Commissioner Plummer: Let me answer you this way. OK? We know and I am
assuming that money would come from Housing. Is that correct?
Commissioner Alonso: Yes.
Commissioner Plummer: There has been an audit problem. Has the audit problem
been corrected?
Vice Mayor Dawkins: You know, before you all get into the audit problem, I
want you to understand that there are five or six parts of this community
asking for money for housing. And if you make $300,000 available to this
unit, I want you to make $300,000 available to everybody who been up here
today asking for money.
Commissioner Alonso: Well, we give it to Housing Cooperative ill different...
Vice Mayor Dawkins: OK. That's all, that's all I got to say.
Commissioner Alonso: Mr. Vice Mayor, I am saying, give it to Housing
Cooperatives and I'm not saying give it only to one area of the City, just
give it to the entire City of Miami, where it's needed the most and we
distribute that equally.
Vice Mayor Dawkins: I'll have...
Commissioner Plummer: Well, let me...Go ahead.
Vice Mayor Dawkins: We need housing every place.
Commissioner Alonso: Oh, we do indeed.
Commissioner Plummer: All right.
Vice Mayor Dawkins: And you and I know that, and we been through it, through
here.
Commissioner Alonso: Oh, yes.
Commissioner Plummer: Let me...
Vice Mayor Dawkins: But all I'm saying is, It's unfair, I mean, I'm with
them, but not for no $300,000 I don't care, I'm not go to vote to give them
$300,000 I don't care what we do.
Commissioner Plummer: OR.
Vice Mayor Dawkins: But, I am for helping to meet the needs Citywide because
they have been here and we have helped them, when even they couldn't get money
from the County, we gave it to them. Because we believed in them and we knew,
and Mr. Casado will tell you, that the houses that he gave was the people who
could not qualify any place else. Am I right?
Mr. Borell: Yes, you are.
Vice Mayor Dawkins: You see. So, we know what he is doing. But there again,
we cannot, at the expense of everybody else, meet a need. That's all.
Commissioner Plummer: OR. Let me ask this. You have...
Commissioner Alonso: Could I ask a question?
Commissioner Plummer: Sure.
Commissioner Alonso: Why at the expense of everyone else? We are taking it
from Housing, the money is there to provide the help, and it's something that
we are seeing that is very concrete. These people can own their property,
144 April 12, 1990
these people can get a place, a decent
place to live, i.t's
working,
we have
seen that a reality .in this community.
It's something very much
need
and it's
from the money that has been allocated. It's from what
we. have
already
assigned. I have asked Mr. Castaneda,
can you get it from
there,
from the
housing money that you have? Yes. He told me, not that
he will
be that
willing to give up $300,000 but he said
yes, it's no problem.
So that's why I
have moved into that direction.
Commissioner De Yurre: How much money is available from that pot that you
would be taking the $300,000 from?
Mr. Castaneda: Commissioner, the Housing Department has $3,850,000...
Vice Mayor Dawkins: How much?
Mr. Castaneda: $3,850,000
Vice Mayor Dawkins: $3,850,000.
Commissioner De Yurre: Of which?
Mr. Castaneda: To the rehab loans and so forth.
Commissioner De Yurre: Are you telling me that there is $3.8 million dollars
available?
Vice Mayor Dawkins: Available for housing.
Mr. Odio: Yes.
Mr. Castaneda: Yes. That's correct.
Commissioner De Yurre: OK. So, I can understand this. So we would be able
to allocate $300,000 for this, to this entity, for this project, and still
have three and a half million dollars for the rest of the community, whoever
may step forward and say, we need it for this project and that project, Is
that correct or not?
Mr. Herb Bailey: The $3.8 million represents the amount of monies that we
provide to do rehabing of housing in various neighborhoods. If you remove...
Mayor Suarez: Herb, why don't you break that down a little bit. Is some of
it, most of it is multifamily, or half of it is multifamily rehab roughly, and
the rest is single family rehab?
Mr. Bailey: Multifamily and single family rehab.
Mayor Suarez: So people apply from all parts of the City, don't, let's not
give the wrong impression that...
Commissioner Alonso: From all parts. Yes.
Commissioner De Yurre: OK. Well, can you answer my question? Would there be
three and a half million dollars for other groups such as this in other parts
of town?
Mr. Jeff Hepburn: No.
Commissioner Alonso: Why not?
Mr. Hepburn: That funding...
Commissioner De Yurre: What is the three and a half million for then that
would be left?
Mr. Hepburn: The funding is to fund single family multifamily rehabilitation
loans throughout the City.
Commissioner Alonso: So?
Mr. Hepburn: For private owners of single family homes with multifamily
properties.
145 April 12, 1990
Commissioner Plummer: Question, the Manager has indicated there is another
million, two coming. Are there restrictions on that?
Mr. Odio: For housing, it goes to the housing.
Commissioner Alonso: For housing.
Mr. Hepburn: It is my understanding that money is for housing.
Commissioner Plummer: But does it go, where, no, no, wait.
Mr. Odio: The restriction?
Commissioner Plummer: Are there restrictions that, that can only go for
rehab?
Mr. Hepburn: The .$3.8 that we are talking about is strictly for...
Commissioner Plummer: You know, you didn't hear me.
Mr. Hepburn: OR. The one million two is for administration of those programs
by staff.
Commissioner Plummer: Well that isn't what we understood, it was for housing
and demolition.
Commissioner Alonso: How much?
Commissioner Plummer: Wait a minute. Excuse me, are you telling me that one
million two is going for administration? That's what he just said.
Mr. Castaneda: Commissioners.
Commissioner Plummer: Wait a minute. Put him back on a stand let me, let me
make sure with him now that he. ..You just said that, that million two was for
administration.
Mr. Hepburn: Yes, sir.
Commissioner Plummer: Now he is saying, no. Do we have an opinion in the
middle?
Mr. Odio: Let me explain, because it's out of context. You received a lump
of monies from the federal government for housing.
Commissioner Plummer: Correct.
Mr. Odio: Out of that, you take almost 15 percent for the management of the
agencies, and that total, the total budget is a million two.
Commissioner Plummer: OR.
Mr. Odio: But this million two you are referring to is an additional monies
we have, but it is earmarked for housing.
Commissioner Plummer: What about the two point two million dollars for
administration and the other monies?
Mr. Odio: No, you see...
Mr. Castaneda: What two point two million? Commission...
Mr. Odio: No, no.
Commissioner Plummer: You've got here, administration on the, without the
million two. OK.?
Mr. Castaneda: Correct.
Commissioner Plummer: Are you telling me that this City is allocating almost
three million, three and a half million dollars for administration in
Community Development Grant. Block monies?
146 April 12, 1990
Mr. Castaneda: Commissioners, the administration that you see in the two
point two million dollars, covers the Department of Community Development,
parts of Planning and some indirect costs. The Department of. Housing gets
from the interest that they derive from loans, money to cover their
administrative budget. The budget of the Housing Department is three point
eight million dollars, plus one point two million dollars, plus other monies
from other funds that they have.
Mr. Odio: It adds up to almost $7,000,000.
Mr. Castaneda: To about a $7,000,000 budget.
Mr. Odio: External budget for staff and expenses of the department, is a
million, one. So...
Commissioner Plummer: But how much of that is administrative?
Mr. Odio: No. He is only allowed...
Commissioner Plummer: No, of the Department of Housing, they have
$7,000,000...
Mr. Odio: The total budget for that department with development...
Commissioner Plummer: OK.
Mr. Odio: Is a million, one.
Commissioner Plummer: OK. How much of that is administration?
Vice Mayor Dawkins: What now? Ten million, ten million, one?
Mr. Odio: No, no sir, a million, one is the total budget of the Department of
the Development and Housing. That covers all staff and everything else in the
department.
Vice Mayor Dawkins: Yes. How much do we have for, as J.L. said, projects?
Mr. Odio: You have right now, go ahead, put it on the record.
Mr. Hepburn: In terms of, the CD allocation, we are talking about rehabing
some where around 250 units.
Vice Mayor Dawkins: How much money do you, what's the total amount of money
that we are talking about that's available, period?
Commissioner Plummer: Oh, he just struck a new note. You got a calculator?
Vice Mayor Dawkins: Not for administration, but for bricks and mortar
projects?
Mr. Hepburn: We are talking about a total of $4,000,000 in CD block grant...
Vice Mayor Dawkins: So, I have to agree.
Commissioner Plummer: Bring me my calculator.
Vice Mayor Dawkins: If you tell take $300,000 from $4,000,000 you got three
point seven left. Now what?
Mr. Hepburn: We are also talking about funding for CBO's in terms of east
Little Havana, Tacolcy, CODEC...
Vice Mayor Dawkins: From what?
Mr. Hepburn: From the four million also.
Vice Mayor Dawkins: That's the $50,000 we gave this morning, comes from that?
Mr. Hepburn: Exactly.
147 April 12, 1990
Vice Mayor Dawkins: Well you need to Gay what. ..Ynu see, we can't. road your
mind up here. So now, that's $200,000 more that comes from the $4,000,000
right?
Mr. Hepburn: Exactly.
Vice Mayor Dawkins: Now what else comes from that?
Commissioner Plummer: Can I ask you a quick question?
Vice Mayor Dawkins: Yes. Go ahead J.L.
Commissioner Plummer: How many houses does that do?
Mr. Hepburn: We are talking about somewhere around 250 units.
Commissioner Plummer: Ho, ho, ho.
Mr. Hepburn: We are talking about 75, somewhere around 75 single family homes
and somewhere around 150 multifamily units with that allocation.
Vice Mayor Dawkins: Is there a second to Commission Alonso's motion?
Commissioner Plummer: Excuse me. How much, wait, wait. Tell me where I am
wrong, please tell me where I am wrong. Two hundred and fifty eight houses
divided into 3.850 million dollars. How much are you spending on each house
to rehab?
Mr. Hepburn: Average cost for a single family home is somewhere around
$20,000 a unit.
Commissioner Plummer: For rehabing?
Mr. Hepburn: A single family home. Correct.
Commissioner Plummer: What in the...
Mr. Hepburn: Somewhere around $20,000 per unit.
Vice Mayor Dawkins: It's cheaper to build J.L., it's cheaper to rebuild.
Mr. Odio: You know Commissioner, it's more expensive to rehab than to build
new.
Mayor Suarez: And this is not a facade improvement program. This is an
actual rehab when people actually fix up places that are falling apart.
Commissioner Alonso: It's rehab, yes.
Mr. Odio: May I say something before you vote on this? We need to get
answers from them on the audit we completed that they have to reply. Unless
you do that...
Vice Mayor Dawkins: If you make the money available and they don't clear the
audit, they don't get the money. I mean, let's don't sit up here and waste
time with this.
Commissioner De Yurre: Listen, let's...
Commissioner Plummer: No. That's part of the motion.
Commissioner Alonso: Of. course.. We will make part of the motion that they
will clear the audit, that it will be checked by the City and everything and
in that side, there should be no problem before they get the money, but they
have to know whether they will get this money or not.
Commissioner De Yurre: Well, you know, just...
Commissioner Alonso: I think part of the problem is that they been working
with so little money, that it's not easy to comply with so many of the red
tape that sometimes government require. They been working and trying to
provide what the people really need, housing, and making it a reality in this
148 April 12, 1990
community and they work out this problem, they bring all the papers that you
want, all the clarifications, and then we give them the money. But we need to
let them know whether they will have the money to support the program.
Commissioner De Yurre: I'll second the motion to give the money subject to
the administration addressing and clarifying all their concerns, and under
those conditions, I would second the motion.
Commissioner Alonso: OK. Fine.
Vice Mayor Dawkins: All right. It's been properly moved and second. Any
other discussion?
Commissioner Plummer: You know, not on that particular motion.
Commissioner Plummer: All right. Call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-299
A MOTION INSTRUCTING THE CITY MANAGER TO ALLOCATE
$300,000 TO FLORIDA HOUSING COOPERATIVE, INC. (FHC)
FOR THE PURPOSE OF REHABING, BUILDING AND/OR
PURCHASING HOUSING IN ORDER TO EXPAND AVAILABLE
HOUSING; SUBJECT TO THE CITY ADMINISTRATION FIRST
ADDRESSING AND CLARIFYING ALL OF THEIR PRESENT
CONCERNS IN CONNECTION WITH A PREVIOUS AUDIT OF FHC
PERFORMED BY THE CITY.
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.
Vice Mayor Dawkins: Mr. Ralph Packinghan, come to the mike.
Commissioner Plummer: While he is doing that, let me ask the Housing
Department. Housing Department.
Unidentified Speaker.: Excuse me.
Commissioner Plummer-: The average home in the City of Miami is $60,000.00?
Vice Mayor Dawkins: You got your money, what you waiting for?
Mr. Odio: Yes.
Commissioner Plummer: And we are spending almost $20,000 to rehab those
houses?
Mr. Hepburn: Yes. We are talking about homes that date back perhaps, in the
early forties and fifties, when they were built. We are talking about
replacing roofs, we are talking about doing new kitchens, new bathrooms.
Commissioner Plummer: Do they pay that money back to the City?
Mr. Hepburn: These are loans from the City. Correct.
Commissioner Plummer: OK. Now, oh, oh, oh.
Mr. Odio: Revolving account, OK. We get paid back.
149 April 12, 1990
Commissioner. Plummer: These are, yo�.i ire telling me then, the three, eight,
is not new money.
Mr. Hepburn: It's new CD block grant money. Correct.
Commissioner Plummer: OK. Where is the money that's coming back, that's been
in the past?
Mr. Hepburn: That's item 29? Oh yeh, it revolves back in to the program.
Commissioner Plummer: No, no, no. Not oh yeh, yeh. How much and where is
it?
Mr. Hepburn: Well, we are talking about 1.2 in terms of what we got back this
year. A million, two.
Commissioner Plummer: That's the million, two that you are referring to.
Mr. Hepburn: Yes.
Commissioner Plummer: And you are using that for administrative cost?
Mr. Hepburn: Exactly.
Mr. Odio: First time the department is 100 percent funded from outside.
Commissioner Plummer: Is anybody else confused around here, or is it Just me?
Are you telling me that out of $4,000,000 a million two is going for
administrative cost.
Mr.. Hepburn: We are talking about, we administer several programs...
Vice Mayor Dawkins: We don't care, it's still administration.
Mr. Hepburn: The Section 8 program, we do a new housing development program,
a HODAG (Housing Development Action Grant) program, there are a number of
programs that we administer. That money is used to help defray those programs
too that we don't get funding from U.S. HUD to operate.
Mr. Odio: See Commissioner, you are only looking at one program now.
Commissioner Plummer: I'm going to look into it more. Something doesn't jive
here. When you are spending twenty thousand on an average $60,000 house to
rehab.
Mr. Odio: We are not. The owner is, and we get paid back. And is subject
to.
Commissioner Plummer: And at what percent is the money?
Mr. Hepburn: There are grants that are up to $10,000.
Commissioner Plummer: No. Percentage.
Mr. Hepburn: And then, there is an interest rate of a sliding scale for those
owners who have income, whereby they go from, let's say, low income. The
interest rate is zero to nine and that's our sliding scale. Based on income,
we determine what that interest rate is going to be. Based on the income, if
they are on the high income level, it's nine percent.
Commissioner Plummer: And where is your office?
Mr. Hepburn: Dupont Plaza.
Commissioner Plummer: Expect to see me.
Vice Mayor Dawkins: Finished, J.L.?
Commissioner Plummer: Yes. I guess.
Vice Mayor Dawkins: Mr. Ralph Packinghan.
150 April 12, 1990
Mr. Ralph Packinghan: Yes, sir.
Vice Mayor Dawkins: Did you attempt to do affordable housing in Allapattah?
Mr. Packinghan: Yes, we did.
Vice Mayor Dawkins: OK. And you came before this Commission. What was the
outcome of your efforts?
Mr. Packinghan: We were not able to do it because we were not able to get the
money.
Vice Mayor Dawkins: And you couldn't get the money from where? From the City
of Miami?
Mr. Packinghan: From the City of Miami. Yes.
Vice Mayor Dawkins: OK. And how much money were you looking for?
Mr. Packinghan: At that time, we were looking for $300,000.
Vice Mayor Dawkins: And nobody, this administration could not find $300,000
for you to do affordable housing in Allapattah near Jackson Senior High
School, where you would have no problems renting it and what have you. Is
that right?
Mr. Packinghan: At that time, the answer is yes.
Vice Mayor Dawkins: OK. Thank you, no further questions.
Mr. Packinghan: Thank you.
Vice Mayor Dawkins: OK. Mr...
Mr. Bailey: Can I? I want to explain something before we go off under the
wrong perception as to what this money is for. And I notice that there seems
to be now a tendency to want to divide it up and scatter it out. You know, we
run a very aggressive rental, rehab program, probably the only in the County,
and we rehab anywhere from 1000 to 1200 units a year. All of that money does
not exactly come from the City. We match private dollars. And the only way
we are ever going to be able to provide a quantity of low income housing in
any of these in the City community is to run it through Rental Rehab Program.
The $4,000,000 for which you just allocated $300,000 to Florida Housing
Cooperative will reduce our ability to attract more developers. That $300,000
will bring in another four or five hundred thousand dollars from a private
rehaber. Going to a non profit or a CDC does not give us that kind of match.
Now you can decide whatever you like, but what's going to happen here is that
you will find that the number of units that we will be able to rehab, and we
have statistics, that shows that we go across the board, just in Overtown
alone, we rehabbed 799 units, for which we put in $4,000,000 but we attracted
another $7,000,000 that never would have gotten there. So these $4,000,000
that we have in the Housing Department for single family and multifamily, if
we do not have that, and if we do not have the ability to address those
rehabers that come to us from a variety of people, then we won't be able to
service them. You will find more concrete monsters boarded up, and you'll
probably start more demolition for crack houses. We use a lot of those rehab
dollars to prevent a lot of the crack facilities from establishing themselves.
And we convince people to go out and buy them, because we can provide them
with dollars, so we don't have a lot of money to scatter around.
Vice Mayor Dawkins: Mr. Phillips.
Mayor Suarez: He made a quick statement before.
Vice Mayor Dawkins: Mr. Mayor, the Mayor.
Mayor Suarez: On the prior item, Mr. Phillips I just want to clarify that I
have received a letter which I think, I was just commenting with one,
Commissioner Plummer but it should of been distributed from cne of the members
of the Advisory Board who was in fact, attorney Andy Rosenblatt who was
complaining about the staff indicating that 20 percent of the funding, the
total funding has to be for administrative.
151 April 12, 1990
Mr. Castaneda: No. We never stated that and we...
Mayor Suarez: That's what the letter says. Whereas he checked in the code of.
Federal Regulations and it says, "shall not exceed 20 percent..."
Mr. Castaneda: That is correct.
Mayor Suarez: ...the implication is that the administrative cost can be a lot
less than that. It also points to some other built in advantages to existing
programs and what he says is, a certain bias by the staff of the City in favor
of certain programs, to the exclusion of others. I think that all of us ought
to check with our own Community Development Advisory Board appointees and see
what they reflect of those proceedings, so that, you know, staff do not
control the thing, otherwise, why have a board. That's...
Commissioner Plummer: Well, let me ask a question in this same vein, Frank.
It seems like to me that everybody was cut 6 percent but administrative cost
went up. How come we didn't cut administrative staff?
Mr. Castaneda: No, no. Administrative costs, as the Mayor said, we always
set administration at 20 percent of the block grant, the block grant goes
down, administration cost goes down 20 percent.
Commissioner De Yurre: How are we saving 6 percent in administration this
year?
Commissioner Plummer: They got rid of the "botellas."
Mr. Castaneda: We have...
Commissioner Alonso: We told all departments to save from 2 to 5 percent.
Remember.
Commissioner De Yurre: I know. But you know what? If you are telling me for
example last year, let's look at something that, Last year we went. down 6
percent, right?
Mr. Castaneda: Right.
Commissioner De Yurre: Where was the savings of the 6 percent in
administration?
Mr. Castaneda: Well, I don't recall exactly where we cut, but we did cut 6
percent.
Commissioner De Yurre: So if I look at your budget...
Mr. Castaneda: Yes,
Commissioner De Yurre: Comparing last year to the year before, there's a 6
percent differential.
Mr. Castaneda: There is a 6 percent cut in CD.
Commissioner De Yurre: OK. Get a copy of that for me, so I could just, out
of curiosity.
Mr. Castaneda: Sure.
Commissioner De Yurre: OK. Thank you.
Mr. Earl Phiilipsp: Mr. Mayor, members of the Commission and Mr. City
Manager. Thank you for affording us the opportunity to come before you and
speak briefly on the request that was made by Dade County HUD to the
Commission on CDBG funds, where the request came some $3,000,000. In sitting
and listening to the gathering that has come before you this afternoon, I
couldn't help but to wonder when it was told to me that some $37,000 was going
to be allocated to Dade County HUD from CDBG funds. Then I heard, as I sat
here this afternoon, that even that amount of money was taken away and
allocated to someone else. It became really questionable, in terms of the
kinds of things that we are in the process of doing now, if in fact, those
152 April 12, 1990
Alh
things wern. important things in the City of. tIiami. But as I sat and I
listened to speaker after speaker come forward and in some instances lauded
you on the approval of dollars, and in some instances requesting additional
dollars, and in some cases, where you recognized the need to expand on some
programs or to enlighten the opportunities, I became heartened in recognizing
that you are looking at it from an overall City standpoint that housing does
in fact become an integral part of every day living. That the people that
live in the houses are just as important as the bricks and mortar, that we try
to provide for those individuals. I would certainly hope that members of. the
Commission, as I've said to Frank and his staff in the past, that the
Commission would not look at Dade County HUD from a yesterday or yesteryear,
if you will stand point, but rather look at Dade County HUD as today, and the
kinds of things that we're developing, and we are creating, and we are
energizing our residents, and we are developing a resident initiatives, and
resident empowerment, and trying to be an integral part of every single
community in this City of Miami. I think it's interesting to recognize, that
out of the twelve thousand units of public housing in Dade County, some seven
thousand two hundred and fifty four of those units are right here smack in the
City of Miami. And I think the $3,000,000 request that we made, for the most
part, when one looks at that amount of money, and the break out, you will find
that the areas that we are really talking about is the Overtown area, Little
Havana area, and I heard, mention of Allapattah area, all of those being
target areas are areas as we see as responsible, recognizable areas that are
in great need. The items that we have made allocation for and a request for,
are items that deal with exterior improvements in all of those developments,
so we are not talking about doing things that's a whim and a prayer. We are
talking about doing things that's going to enhance that community. I would
submit to all of you, that doing for public housing in the City of Miami, does
for the communities that public housing is located in. I would hope that you
would seriously consider and look at that from a standpoint of recognizing
that when we rehabilitate those developments in Allapattah development, .in
Little Havana, in the Overtown area, we are not just rehabilitating those
developments but rehabilitating an entire neighborhood, an entire community,
which springs out and broadens out across the City itself. So the dollars
that you, that we are asking for, the $3,000,000 that we are requesting from
you, I could stand here very honestly and very candidly say, that you would be
getting the biggest. bank for the buck. But when I look at the amount of
monies that are being allocated for other kinds of programs, I recognize that
those programs are in fact beneficial, but we have to at this point, begin to
recognize, that public housing is in fact a hub in any major metropolitan
community. To do less to support a public housing effort, is to give a
disservice to the people that live in our cities today. And I would just
stand here and just respectfully request that you give serious consideration
for the request that we made on the $3,000,000. This morning, I'd like to
gust mention to you, we had for the first time, I guess in the history of Dade
County HUD, made a recommendation, made a request to, for CDBG monies in the
amount that we requested. We have made a request for some $8,000,000. The
committee, this morning...
Vice Mayor Dawkins: Which committee sir?
Mr. Phillips: This is Community Development Committee in the County this
morning approved $6,000,000 and that will be going to the full commission for
its approval. So we see that as really a milestone, and those monies I might
add, those $6,000,000 is just not going to areas outside of Miami. It's also
going to areas within the City of Miami to enhance the kind of population that
we have. We are at a turn in the road as far as housing is concerned.
Affordability of housing becomes a major thrust in all of our cities across
the country. I just happen to be the President of the National Council of
Large Public Housing Authority, so I have an opportunity to go across this
country and look at the cities, look at the kind of housing programs, look at
the needs that we have. We have an opportunity here in Dade County and that
really is the reason I'm here. We have an opportunity that never before in
the history of this County, to do the kinds of things that are positive,
creative, imaginative way for the residents, and with the residents of our
cities and our County here that never before, we have had the opportunity to
do. And I would ask that you get on that bandwagon with all of the other
municipalities and other government officials, through the County and take the
lead on this very, very critical endeavor.
Vice Mayor Dawkins: OK. Mr. Phillips?
153 April 11, 1990
Mr. Phillips: Yes, sir.
Vice Mayor Dawkins: First thing I'll like to help you to understand is, yes,
the majority of the public housing is in the City of Miami because
historically, public housing was not wanted any place else. And therefor, it
was stuck in my neighborhood. So therefor, that's why I have the abundance of
it.
Mr. Phillips: Yes, sir. I recognize that.
Vice Mayor Dawkins: Now. The second thing is, I'd like for you, to report
back to me and these Commissioners, of the $6,000,000 that you got that the
County gave this morning, how much of it was surtax money and other soft
money, and how much of it came from ad valorem taxes or from their general
fund?
Mr. Phillips: The money that I am talking about that. I received this morning,
is not County dollars, it's not from the County budget, it is community...
Vice Mayor Dawkins: It's surtax money?
Mr. Phillips: No, no. Sir.
Mr. Castaneda: Community Development.
Mr. Phillips: It's Community Development Block Grant monies. That's all that
is. That is Community Development Block Grant monies. This is a part of the
$13,000,000 that the County has been allocated for CDBG, and out of that
thirteen, I am saying to you that $6,000,000 of that money is coming to Dade
County HUD for improvements in housing and housing across this County.
Mr. Odio: But, it has always been your responsibility to do that.
Mr. Phillips: Sir?
Mr. Odio: We pay taxes to the County too, and it has always been your
responsibility to do that. HUD is County responsibility.
Mr. Phillips: When I first came here, people told me that HUD was County's
responsibility, until I began to recognize that it's everybody responsibility,
in every single community. When you look at the five thousand units, Mr.
Manager, when you look at the five thousand units that are here in Miami, I
would have to submit to you that it becomes a responsibility of the City as
well as the County. Yes, it's the County's responsibility, yes, it's the
County's responsibility, but it is also the City's responsibility to also play
a major role. When you talking about Community Development Block Grant
monies - and I might add when the Federal formula is used, you're tabulating
the number of individual people that live in the public housing developments
in the City of Miami. That enables you to generate the kind of dollars that
you receive in CDBG monies. If in fact you "X" those people out, you wouldn't
receive the kind of monies that you receive. So it becomes incumbent upon
you, Mr. Manager, to do that.
Commissioner Plummer: There is only one problem, prior to your coming here
Mr. Phillips: Yes, sir.
Commissioner Plummer: ... when there were no Federal monies, it was the County
who step forth and said, turn HUD over to us and we will take care of it. And
they did for a while, until the Federal money came along, and then they didn't
want to take care of it anymore, from their responsibility. And that's where
the rub comes. That you have the problem that the County is taking from the
Community Grant and saying, .look what we are doing. That's not their money,
that's Federal Grant money as we have it here to spend. So let's call it by
what it is, not Metropolitan Dade County General Fund money, but monies that
they have found, subsequent years and dedicated over to that source.
Mr. Phillips: You are absolutely correct.
Commissioner Plummer: So be it.
154 Aprii 12, 1990
0 it
Mr. Phillips: You are absolutely correct..
Mayor Suarez: Mr. Phillips, since you have been in at the head of little HUD,
let me say this. Before you got in, we had a program that we were trying to
work with Dade County HUD, as you and I discussed recently, I should put it on
the record, where it would not require either City or Dade County funds,
because it was monies obtained from some other source, and we couldn't even
get that much cooperation. We are pleased that as we speak today, I am told
that one of the programs that we are trying to put together with voluntary
monies and efforts, is now in place at Rainbow Village, and the level of
cooperation has increased enormously in just the month you have been there, it
seems like, maybe it's a little longer.
Mr. Phillips: Yes, sir. We are working very close with your police
department. They have been extremely supportive of the kinds of things that
we are doing with the Metro Dade Police and there is a cooperative effort in
terms of concentrating in a couple of the developments, and it's working very,
very positive.
Mayor Suarez: And this is a new era of cooperation on those issues. I also
take note, just by pure coincidence, but it was something that was mentioned
before possibly, this particular hearing on this issue, I think in the
morning, that the money that the Greater Miami Convention and Visitors Bureau
just obtained through passage of a food and beverage tax, which is $3,000,000,
is exactly the amount of money coincidentally that you are seeking from the
City. All that money is going to be used now to promote the City, the County
in the national media, and there is no economic development component, there
is no housing component. I don't know how that happened, but I hope somebody
takes that back to the County Commissioners, with my particular feelings on
it, which is that's not the way we are going to promote this Community. It is
by improving public housing, and affordable housing in Dade County.
Mr. Phillips: Mr. Mayor, you are absolutely correct and I guess the thing
that I am saying to you and the Commissioners and the City Manager here, is
that in order for us - and I saw the gentleman show the pictures, the lights
and the beauty of this City, I mean it's gorgeous. But in order for us to be
able to really market this City in a positive way, across this nation, because
one of the things that I wavered on before coming to Miami to work, was all of
the negative press that I was getting outside of the State of Florida. The
only way that we can start doing that, is that we handle our infrastructure,
we start taking care of our own. People that live here and the facilities and
the developments that are right here. And if we can't do anything, we can't
continue to build new affordable housing for low and modered income people,
then. .Let's at least try to rehabilitate the stuff that we already have to
enhance those neighborhoods so that there are decent places for people to
live. When you talk about the residents that live in public housing, let me
say to you, that we are talking about the poorest of the poor that live in our
developments. We are talking about average income somewhere between $3,500
per annual income for residents. That is the poorest of the poor in this
County. And to do less that what I am asking you to do in terms of putting
some monies into this endeavor, I think is a disservice to the residents that
live in public housing, and throughout this great City of ours.
Mayor Suarez: One other thing. You have in place, legislation that allows
the housing at some point to become home ownership, for people to actually end
up acquiring the homes that they have been renting for "X" number of years.
That begins to turn it into very close to what we are doing with our housing,
because it becomes an affordable home ownership housing as oppose to, almost a
cooperative. I see Tom over there nodding. What sense does it make for us,
Frank, to take Community Development Block Grant monies that are in fact
earmarked for housing and consider using some of that for public housing as
opposed to some of the other programs?
Mr. Castaneda: I'll let Herb answer that one.
Mayor Suarez: Herb, Frank, Cesar, whoever.
Mr. Bailey: Mr. Mayor, could I get the first part of that question again?
Mayor Suarez: Well, I'll tell you, the first part is an aside having to do
with the fact that at, some point, public housing should become owner. -occupied
155 April 12, 1990
LA
housing, because there is legislation in place for that to happen, and I know
Earl Phillips is committed to that, as we are. Is there any philosophical
problem with using CDBG funds that the City receives for improvements to
public housing?
Mr. Bailey: Improvements in terms of ownership or improvements in terms of
assisting in the rehab of public housing?
Mayor Suarez: Assisting in the rehab of public housing.
Mr. Bailey: We have a problem with that.
Mayor Suarez: OK. What is the problem with that, other than the historical
fact that we gave up HUD, Little HUD to the County so many year ago, and so
on, and feel that they are the beneficiaries and the recipients of the funds
essentially for that purpose?
Mr. Bailey: The historical prospective notwithstanding, and I wouldn't even
deal with that, we have also, within the City of Miami and within this inner
City, a considerable number of houses that need to be rehabbed, that is just
standing there, that are not in the ownership of the City or not in the
ownership of Little HUD, or the County.
Mayor Suarez: You're saying that we get more bang for our buck if we
cooperate with privately owned housing, either single family or multifamily,
than by going to public housing?
Mr. Bailey: Well, let me put it this way. If we switch these dollars to do
the public housing, what are you going to do with those that are standing
there deteriorating? You swapping one for another. Not only that, and I
understand...
Mayor Suarez: And in the allocation of responsibilities, is traditionally
been more of our responsibility to try to promote existing affordable housing
or new affordable housing, than to try to deal with the public housing
projects?
Mr. Bailey: What we been doing is a compliment. Because for those people who
don't quality for public housing, for those who cannot afford a higher cost
housing, we come in and fill the gap and build housing that is truly
affordable for low income, and we come in at the $250.00 house or the $300.00
house for a large family, coupled with private dollars. If we began to
switch our dollars which we don't have that many, we already had four million
of taking $300,000 so we are now at three point seven million, and if we
neglect the refurbishing of those houses that are being abandoned, that are
crack houses which cause a lot of other social problems, and a lot more cost,
then you just switching one problem for another.
Mr. Phillips: In all due respect to what Herb is saying, I have to disagree
with that. We talking public housing where people already live in those
units. People are already there. There are neighborhoods that are already in
concentrated areas. So you are talking, you're talking public housing where
people are physically there, versus vacant housing where no one is there, and
I think both of those things can be done. You can do a little bit of both of
those. The one thing that we have to recognize is everybody cannot be, nor do
they desire to be, a home owner. So we can't get caught in the situation of
saying, well, we will, put all of our monies into home ownership because that's
the way to go. You have a large population in this City that does not have a
desire to be home owners.
Mr. Bailey: We not talking about home owners. We talking about rentals.
Mr. Phillips: Well, he...
Mr. Bailey: Most of the money we put into rental rehab, in fact all of it,
with the exception of the single family, goes for rental units.
Mr. Phillips: When you look at the more than five thousand people on our
waiting list right now on public_ housing, and for the most part are in this
geographical area, that says to me that you have a large population of people
that aren't Even registering for housing, that are doubling up and tripling up
in already existing housing and for the most part in public housing...
156 ,April 12, 1990
Vice Mayor Dawkins: But with all due respect, sir. If. HUD had fixed the _
houses in public housing that you have boarded up, we would not have that many
on the waiting list. So let's be fair, let's don't say that. Mr. Bailey is all =_
wrong when he says that we got houses we need to rehab. You got as many empty
spaces in public housing that should have been fixed up as we have otherwise.
Mr. Phillips: You are absolutely right Commissioner, you are absolutely
right, and that was not what I said though. I was talking about developments
where people live, where you already have people living in those developments.
Yes there are some vacant and some boarded up houses in those developments,
but for the most part, they are developments that are constructive and solid
in place.
Mr. Bailey: Want to answer your question, Commissioner, I mean Mayor, we
just don't have the funds. Not only that, on the other side of the coin, and
I don't think it's going to be advantageous for the community at all, for us
to have these verbal confrontations, but I just submit to you, that the rental
rehab dollars that are provided to the County are not spent in the City, and
we certainly would be glad to have some of our rehab applicants go to the
County and apply for rehab dollars. For some of those facilities that are
needing of rehab within the City, we sort of have kind of a you -do -yours -and -
we -do -ours kind of thing, and I don't think that's right either. But that is
the fact of the matter. If we did not provide those dollars, they would
disappear, and I can assure you for those few dollars that we have, if we did
not begin to rehab, we are going to have a serious problem.
Mr. Phillips: I think in that rental rehab program, I think there needs to be
a quid pro quo. There is no question about it. If in fact, that's been the
situation and you haven't had people that lives in the City being able to
receive dollars from the rental, rehab program from the County rental rehab
program, then I think we all need to sit down and we need to talk about that
and to work out the mechanism on that, because that's something I think by
statute that's doable. That is not even a problem. But I think the problem
that you have had in the past, is that we haven't really been talking to each
other in a positive way...
Commissioner Alonso: That's right.
Mr. Bailey: ... And now we are talking to each other, and I think that we are
talking to each other, we are working with each other, and all I'm doing is
just standing here representing my residents that live in public housing in
this City, asking that you give serious consideration to the request that we
are making.
Commissioner Plummer: If you are still working for the County next year, will
you come back and let's measure the ability and the results?
Mr. Phillips: Without question, and in fact, I'll be delighted to come back
within a year's period of time, so that you could look at the results that we
have made Commissioner.
Commissioner Plummer: You have an open invitation.
Mr. Phillips: Thank you, sir.
Mayor Suarez: Does it help at all to allocate $39,650 for security for Culmer
Place, Culmer Gardens?
Mr. Phillips: Any amount of dollars helps in anything that we are doing. I
found it interesting that the request that we were making were for exterior
kinds of things and they turned around and then gave us $40,000 for security,
which was not what we were asking for. We recognize security...
Mayor Suarez: Well because, you were also trying to get our police department
to be more active in and about the public housing.
Mr. Phillips: Yes. Yes.
Mayor Suarez: Anyhow, it's three, it's one percent of what you are
requesting.
157 April 12, 1990
Mr. Phillips: I would certainly hope that. ...
Mayor Suarez: It's, I suppose it's a beginning, it's better than...
Mr. Phillips: I would certainly hope that the Commissioners really give
serious consideration to more dollars being allocated to public housing this
year, through CDBG dollars. That then says, that's a signal to people, that's
a signal to this community, that's a signal to this City in terms of the
cooperative spirit that we are developing, and that we are creating. And I
would ask your serious consideration in that regard.
Mayor Suarez: Thank you.
Mr. Phillips: Thank you very much.
Vice Mayor Dawkins: One more. Mr. Borell, you wantto say something about
the Flagami Community Center? You can say it right there.
Mr. Borell: This is on behalf of Flagami Community Center. As you all know,
they have been working with the City these past three or four years on a
small, very small basis. They have received a grant from the State of Florida
just this past year for $20,000. They are trying to expand the good works
that they are trying to do, and more specifically as I said earlier on, they
want to provide food for people that, who otherwise wouldn't be able to have
this food, give out, the same type of referral help. Their proposal, I think
they asked for $160,000 and they were left out of the recommendations. You
know, at this point, I don't know what you all have left that you could give
to this group, but if there is something that you all could do, this group is
trying to do a good job and help people.
Commissioner Plummer: Have they made any application to the State, because
the other community centers have in fact, got a great bulk of their money from
the State. Have they made any application to the State for possible funding?
Mr. Borell.: Oh, yes, yes, they have...
Commissioner Plummer: How much?
Mr. Borell: ... allocated $20,000 that they are going to get from the ...
Commissioner Plummer: No. From the State.
Mr. Borell: Yes. From the State of Florida, $20,000 this year.
Commissioner Plummer: They are asking twenty from the State and a hundred and
sixty from us?
Mr. Borell: They have twenty from the State. They are going to be receiving
this year twenty thousand from the State.
Commissioner Plummer: OK.
Vice Mayor Dawkins: Any more, further questioning from the members of the
Commission?
Commissioner Plummer: I only have one question, Mr. Vice Mayor. Mr. Manager,
I am concerned in the area of a City program that is being cut, jobs program.
If jobs aren't important to this conununity, I don't know what is.
Mr. Odi.o: That's the one that went from three seventy four, six fifty to
three thirty five.
Commissioner Plummer: Well, the staff recommended the three seventy four, and
the Advisory Board...
Mr. Odio: Three thirty five.
Commissioner Plummer: That's right, and I've got a real problem with that.
Vice Mayor Dawkins: Is that our work?
Commissioner Plummer: Yes. That's our program.
158 April 12, 1990
Mr. Odio: Well, because we added the difference I think, is in the thirty
nine thousand six hundred and fifty that, the difference is in the thirty
nine, six fifty, that you gave to public housing security.
Commissioner. Plummer: Wait.
Mr. Odio: That the Advisory Board recommended.
Commissioner Plummer: You say that's what we took from and gave to?
Mr. Odio: No, no. I said the Advisory Board. I'm sorry.
Commissioner Plummer: Well, I'll tell you something. Jobs, this is a group
that is producing jobs for people to go out and work and stay off of welfare.
And I'll tell you something, for my vote right now, that's got to be reverted
back to the three seventy five.
Mayor Suarez: Why don't you leave that pending for the first reading in...
Vice Mayor Dawkins: Second reading, Mr.. Mayor.
Mayor Suarez: ... For, it's actually the first reading of the ordinance.
Commissioner Plummer: OK. All right. You...
Mayor Suarez: With the same kind of instruction that the money be found
elsewhere and made up.
Commissioner Plummer: That's fine. Frank, you understand where I'm at?
Mr. Castaneda: Yes, yes.
Commissioner Plummer: OK. To me, jobs is important.
Commissioner Alonso: It is.
Mr. Castaneda: Commissioner, let me state another thing that in order to
follow the advice of Commissioner Plummer, I need as much money as possible in
Building Demolition, and in your recommendation, you were cutting Building
Demolition by $15,000.
Commissioner Plummer: No. Commission Plummer and Mayor Suarez both told you,
you find it from where it's the easiest for you.
Mr. Castaneda: Fine. No, but what I need is to raise Building Demolition
again to that level.
Commissioner Plummer: Fine, so you come back and recommend it...
Mr. Castaneda: OK.
Commissioner Plummer: ... All we are saying to you, is that we want to cover
these other ways. You find us how to do it.
Mr. Castaneda: Fine.
Vice Mayor Dawkins: I want to be sure, is it the consensus of this group that
you find the $39,000 for Mr. Phillips?
Commissioner Plummer: For the Job progr&m?
Vice Mayor Dawkins: No. For the housing, the public housing, or not?
Commissioner Plummer: Well that's included in here. Thirty nine thousand six
fifty.
Mr. Castaneda: That's included in the Board's recommendation, it's not
including staff's recommendation.
Mayor Suarez: The Advisory Board is what the motion...
159 April 12, 1990
Commissioner- Alonso: Well I guess what, is being said is, you are going to
have to come up with another thirty nine. I'm not saying for the housing
security, I'm saying for the Jobs program.
Mr. Castaneda: And Commissioners, are you recommending an in crease in
Wynwood to $100,000?
Commissioner Plummer: I have, who...
Mr. Castaneda: My, it is our recommendation that all CEO's be funded the same
because you are creating a bad precedent.
Commissioner Plummer: I want to tell you. I tell you as far as this vote is
concerned, I say Wynwood stays at fifty. If they have justification for some
other additional monies at a later time, we will talk to them. But not as a
CBO.
Mr. Odio: But, the resolution, the motion on the floor is that we go by the
Advisory Board's recommendation.
Mayor Suarez: I would, as the moving party accept that amendment and hope to
make it up to him on Monday in Tallahassee.
Commissioner Plummer: Now, wait a. minute. You are going to broach me now if
you take the Advisory Board because they cut. Are you saying to vote on it as
of that today knowing fully well what we are going to do on the second
reading?
Vice Mayor Dawkins: Yes.
Mr. Odiv: I'm sorry, the motion on the floor is to accept the Advisory Board
recommendation.
Mayor Suarez: We can make that amendment right now on that vote.
Commissioner Alonso: Why don't we?
Commissioner Plummer: OK. Well, you know where I am?
Mr. Castaneda: Why don't you take the staff recommendation and work from
there?
Mayor Suarez: That's the only modification that has to be made at this point,
that I think there is a consensus on. The rest until you have identified the
funds, I don't, think we can solve. So...
Commissioner Plummer: OK.
Mayor Suarez: ...I'm leaving my motion as is except for that, I will make
that...
Commissioner Plummer: We understand where we are coming from. No, we
understand where we are trying to get to.
Commissioner Alonso: St. John's is one?
Mayor Suarez: Yes. St. John's is made up to fifty thousand.
Commissioner Alonso: St. John's. It's made...Yes... And.
Mayor Suarez: Regis is given the fifty thousand, subject to their...
Vice Mayor Dawkins: Any further discussion from any member? Any more
discussions from the Commissioners?
Mr. Castaneda: Commissioners?
Vice Mayor Dawkins: Yes, Frank.
Mr. Castaneda: If I hear you correctly, you are saying, let me go down the
line. St. John's would get fifty thousand, Wynwood would get fifty
thousand...
160 April 12, 1990
Commissioner Plummer: Yes. At this time.
Vice Mayor Dawkins: OK.
Mr. Castaneda: You are saying Miami Neighborhood Jobs program would get three
seventy four, six fifty, the same as over there, and you were taking before
fifty thousand dollars from Building Demolition but basically you are putting
it back in, because now you are reducing Wynwood...
Commissioner Plummer: That's fine, wherever you get it from.
Mr. Castaneda: ...So the difference is, and you still want to maintain the
thirty nine thousand six hundred and fifty for public housing security.
Commissioner Plummer: I'm not opposed to that.
Mayor Suarez: That's right, so as of now...
Commissioner Plummer: Also, the other big important point, is to restore all
of the social programs of the six percent...
Mr. Castaneda: That's correct.
Commissioner Plummer: ...back to their funding of last year.
Mr. Castaneda: And Commissioner, the other thing was that you want out of the
housing budget $300,000 for housing cooperative?
Commissioner Plummer: Contingent upon the audit being cleared and agreeable
with the City Manager.
Mayor Suarez: There is also other steps to follow, aren't there? In their
actual receipt of the money.
Mr. Castaneda: Well, I would have assume that this is for projects, right?
Commissioner Plummer: Well, let's just say they got to hove a clean bill of
health, a clean bill of health.
Mayor Suarez: And then, no, the plan has to be approved, and...
Commissioner Plummer: Oh, of course.
Vice Mayor Dawkins: Any more discussion from the Commissioners?
Commissioner Plummer: Who is here from the YMCA? Beverly, are you here from
the YMCA?
Ms. Beverly Phillips: I'm here from the YWCA... (INAUDIBLE STATEMENT OFF THE
RECORD)
Commissioner Plummer: Where is the young lady from some lawyer's office?
Ms. Phillips: Sara Harrow?
Commissioner Plummer: Where is she?
Ms. Phillips: She is not here.
Commissioner Plummer: I thought she was going to come here and bug me?
Vice Mayor Dawkins: Any more discussion from any member of the Commission?
No editorializing. Let's get the vote. Any more pertinent questions from the
Commissioners? Hearing none, call the roll please.
Mr. Fernandez: And then, this is on item 27, with all the modifications.
Ms. Thomas: Excuse me. Commissioner Dawkins, I know I am out of order, but
with some trepidation, I'm request that some one tell us what happen with our
request because we got no answer, everybody else got answers, and no one even
raised to ask a question.
161 April 12, 1990
Vice Mayor Dawkins: Those who did not get answers, did not get any money.
Ms. Thomas: Then maybe we can have some questions and answers about this, to
see what happens.
Vice Mayor Dawkins: At the next meeting.
Ms. Thomas: We are still available.
Commissioner Plummer: Francene.
Ms. Thomas: Yes, sir.
Commissioner Plummer: You probably are one of the best that I know for doing
lobbying on or off a TV. You got thirty days to do a hell of a lot of
lobbying to try to change three minds up .here.
Ms. Thomas: I appreciate that. I just want to be sure we are still. in the
part at this point.
Commissioner Plummer: I'll be back in town in the 31st day.
Ms. Thomas: Oh, but I will follow you. Thank you.
Vice Mayor Dawkins: OK. Call the roll. Any other questions? Mr. Attorney.
Mr. Fernandez: No.
Commissioner Plummer: Yes. Why didn't you call the roll.
Vice Mayor Dawkins: Call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 90-300
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO SUBMIT THE APPROVED GRANT PROGRAM FINAL
STATEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
REQUESTING FUNDS IN THE AMOUNT OF $11,081,000 FOR THE
CITY'S PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING
1990-1991; FURTHER AUTHORIZING THE CITY MANAGER, UPON
APPROVAL OF SAID GRANT BY HUD, TO ACCEPT THE SAME AND
EXECUTE THE NECESSARY IMPLEMENT CONTRACTS AND
AGREEMENTS, SUBJECT TO APPLICABLE CITY CODE
PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
162 April 12, 1990
42. (A) DISCUSSION CONCERNING DEVELOPMENT OF THE SPECIALTY CENTER IN THE
LATIN QUARTER AREA.
(B) INSTRUCT ADMINISTRATION TO NEGOTIATE AND PURCHASE NECESSARY LAND
FOR THE LATIN QUARTER SPECIALTY CENTER IN AREA BETWEEN S.W. 7 AND
S.W. 8 STREETS, AND S.W. 14 AND S.W. 15 AVENUES.
Vice Mayor Dawkins: Mr. Manager,
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: After next meeting, I need for some one to tell me where
the money is that was allocated to purchase that property between 55th and
58th over by the expressway.
Mr. Odio: The yellow houses? I know what you are talking about.
Vice Mayor Dawkins: Tell me where the money is, I want to make sure that it
is available and in place. At the next meeting.
Mr. Odio: At the next meeting? OK.
Vice Mayor Dawkins: And I also want to know where the money is that was
allocated by Commissioner De Yurre for purchasing land in the Latin Quarters
place. I want to know where it is, how we come about it, and when we're going
to use it. I need that, not now, because we've got too many people waiting.
Schedule it for the next Commission Meeting, please.
Commissioner. De Yurre: OK, well I'm going to talk about that in a minute
after we're through with this.
Mr. Bailey: Can I just ask one question, Commissioner?
Vice Mayor Dawkins: Yes, sir, Mr....
Mr. Bailey: Would you prefer to have a memo prior to that meeting then
discuss it at the meeting, or would you rather not have a memo and then we
just discuss it?
Vice Mayor Dawkins: Well, you get with the Manager and whatever you and the
Manager decide to do, you all do that. If you all send us a memo, fine.
Mayor Suarez: The memo always helps. But I have a feeling we're going to
hear some more on that.
Vice Mayor Dawkins: The Mayor said the memo will help, Mr. Bailey.
Mr. Bailey: The memo will come on the Redman properties and I think the
Commission is going to discuss Latin Quarters now, so we'll entertain it.
Commissioner De Yurre: Well, let's address it right now, since it came up.
Commissioner Plummer: Let's call the roll on this - oh, we did?
Commissioner Alonso: The 1.8 is available.
Commissioner De Yurre: The what?
Commissioner Alonso: The 1.8...
Mr. Odio: Yes...
Commissioner De Yurre: No, it is...
Commissioner Alonso: ...for the land is available.
Mr. Odio: What I need is - OK.
163 April 12, 1990
Commissioner. De Yurre: Well, Let's - there's a number of concerns that T
have.
Vice Mayor Dawkins: We called the roll already, didn't we Madam?
Ms. Hirai: Yes, sir.
Vice Mayor Dawkins: OK, go right ahead then.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: And I was instructed quite a few months ago to
spearhead the Specialty Center in the Latin Quarter area. Since then, we have
been waiting for many months to get the appraisals on the property. Since
then, Commissioner Alonso is sitting here with us now and she has always been
very concerned about the Little Havana area. She has shown interest to get
actively involved also in the development of the Specialty Center in Little
Havana. I think that it's more than time that we get cracking on this and I
believe that we need to expedite this, fast track it - Cesar, you've told me
that there's 1.8 million dollars available...
Mr. Odio: Yes, yes, the...
Commissioner Plummer: ...to start purchasing the balance of the land.
Mr. Odio: Yes, you need to make the decisions I guess today if you want to
that we need to change the scope as far as what land we buy and not. Remember
we had the project on both sides of the street and you had to have a fly over
and...
Commissioner De Yurre: I think that we will have...
Commissioner Alonso: Mr. Manager, if you look at the prices of the
properties, the decision is very easy to make. We just buy, we start the
first phase, forget about the area of the Domino Park and start with what is
feasible at this time otherwise, we will never get this project on the way and
it's better to do something than try to do so much and then we will not be
able to accomplish anything.
Commissioner De Yurre: I think priority has to be to buy that block.
Mr. Odio: Right, we...
Commissioner De Yurre: We have to buy that block because no matter what else
you do, you need that block.
Mr. Odio: If you order us today, we proceed to buy the land immediately.
Commissioner De Yurre: Well, I would instruct you, and I would move that you
proceed immediately to start purchasing the land on that block.
Mr. Odio: Right. The north side on church side...
Commissioner De Yurre: Seventh to 8th, 14th to 15th.
Mr. Odio: Right, OK.
Commissioner Plummer: Have you got an appraisal?
Mayor Suarez: So moved.
Commissioner Alonso: Yes, I have it here, as a matter of fact..
Mr. Odio: We have appraisals, we have all the appraisals in place and some
properties are... you know, it's...
Commissioner Plummer: What is the appraisals total?
Mr. Bailey: Three million dollars.
Mr. Odio: Three million dollars. But, we're only going to purchase what the
monies that we have now of a million, eight.
164 April 12, 1990
Commissioner Alonso: So, just the north side.
Mr. Odio: And as we develop more monies, we'll buy the other property. We
could have used some CD monies and it's complicated, but we don't grant to. I
would advise against it because then we're involved in relocation cost...
Commissioner De Yurre: My feeling is that when the time comes for the money
to be there, it's going to be there.
Commissioner. Alonso: Sure.
Mr. Odio: Yes.
Commissioner De Yurre: I don't think that's going to be a problem. So, you
know, my motion is that we get cracking immediately to start purchasing the
land that's necessary on that City block.
Commissioner Alonso: Yes.
Mr. Odio: OK, on the north side.
Commissioner Alonso: I second.
Mayor Suarez: So moved and seconded. Mr. Manager, you said the 1.8 million
dollars is there and available. In what account, in what bank, under what
title?
Mr. Odio: Oh, they are in the bank accounts. They are under different lines
items of the budget, I will be glad to provide...
Mayor Suarez: The one, point, eight million dollars specifically earmarked
from the sale, I believe, of the medical center property, is in what bank?
Mr. Odio: We have three...
Mayor Suarez: Under what account? With hat title?
Mr. Odio: My memory serves me right, we have $625,000 under one account. We
have $300,000 under another account and we have the balance in another
account. They come from different lo... we had to switch... we didn't want to
use, like I said, some federal monies in this, so I'll be glad to provide you
that exact account numbers right now. I'll get it...
Commissioner Alonso: Mr. Mayor, you say medical center?
Commissioner Plummer: Yes.
Mayor Suarez: It was sold to the Miami Dade Community College for expansion
of their medical center.
Commissioner Alonso: Oh, I know what you're talking about.
Commissioner Plummer: The motor pool.
Mr. Odio: Eduardo will give you the specific account.
Mayor Suarez: OK, let me just clarify one thing from you before we get to the
specifics of the accounts. Hone of those three accounts you described, one of
which has six twenty-five, and the other one has three hundred and the other
one, presumably, the balance of 1.8 million, is the general fund reserve
account?
Mr. Odio: No, sir, we could not touch that unless you approve.
Commissioner Alonso: Remember, I had an ordinance. Don't touch the money.
Mayor Suarez: OK, yes, exactly. Why are they then in separate accounts
instead of being in one account, which should be labelled, capital account for
the purchase of the Latin Quarter property?
Mr. Eduardo Rodriguez: We're waiting for the appraisals, put everything...
165 April 12, 1990
Mr. Odio: We were waiting - go ahead, go ahead.
Mr. Rodriguez: We were waiting for the appraisals to put everything in a
capital account for Latin Quarter...
Mayor Suarez: And in the meantime, you split them into three different
accounts?
Mr. Rodriguez: Yes, basically. But the money is available. We have...
Mayor Suarez: What are those three accounts titled?
Mr. Rodriguez: You have an account open...
Mayor Suarez: And with what banks?
Mr. Rodriguez: Well, io n .:apital project account. You know, the bank, I
think Carlos Garcia can answer what bank. I don't know about that detail.
Mayor Suarez: Well, presumably, if there's three of them they have... unless
they have the same description, I suppose they could all have the same
description.
Mr. Rodriguez: OK, you approved in the capital improvement ordinance last
year half a million dollars for land acquisition in Latin Quarter.
Mayor Suarez: As was stated before, I remember a total of 1.8 million dollars
being...
Mr. Rodriguez: It is, that was passed in a resolution.
Mayor Suarez: ...specifically earmarked.
Mr. Rodriguez: A resolution passed that amount. Never were the monies put in
the form of an appropriation ordinance. So, you passed...
Mayor Suarez: It was never appropriated.
Mr. Rodriguez: Never. You only appropriated half a million dollar. You pass
a resolution - as a matter of fact, three resolution I have the numbers, if
you want to know.
Vice Mayor Dawkins: OK, hold it now, great. Now, you mean to tell me that
this Commission passed a resolution and we pay you every day to advise us and
then you don't tell this Commission that we did not appropriate the money?
Mr. Rodriguez: You passed several resolutions with CBDG money...
Vice Mayor Dawkins: Wait a minute now, let me ask it slower because maybe I'm
speaking too fast for you. OK? We pay you to follow up on what we legislate.
Our job is to legislate. We legislated 1.8 million dollars for the Latin
Specialty Center but somehow along the way, we only appropriated 50 thousand.
Mr. Rodriguez: Half a million.
Vice Mayor Dawkins; Half a million, $500,000. Nobody in the administration,
at any time while we're discussing this, told this Commission, hey, look, you
have not appropriated the money that you awarded. You didn't do that?
Mr. Rodriguez: We were waiting for the appraisals, Commissioners, to do that.
Vice Mayor Dawkins: What would the appraisal...
Mr. Rodriguez: I think it is a technicality.
Vice Mayor Dawkins: What would the appraisal have to do with your reminding
me that I made a conasitment to the community for X dollars and I have not
appropriated the money to meet that obligation?
Mr. Odio: But it is reserved and we have the million eight. The only thing
is the mechanics of - go ahead and write an appropriation ordinance which he's
166 April 12, 1990
D.
going to do for the nAxt. meeting. But the money iG there and we were waiting
to see the appraisals and see if we would have...
Vice Mayor Dawkins: See, but we're not communicating.
Mr. Odio: We have done what...
Vice Mayor Dawkins: No, no, we're not communi... my question to you is, sir,
how is it that I sat here and made a commitment and the administration knew
that I had not made that amount of money available and put it in anywhere
where it could be gotten.
Mr. Odio: But, it is available. All they need to do now is you tell us to
proceed with the purchase of the land ande will come back with the...
Vice Mayor Dawkins: How are we going to proceed with the purchase of the land
if the land - and I'm going to use this for the sake of discussion - cost 2
million dollars and I have only appropriated a half a million dollars?
Mr. Odio: We just said the total appraisal came in at three. ..let me, if I
may...
Vice Mayor Dawkins: No, sir, all I need to know from you is, how can I have
$500,000 in my checking account...
Mr. Odic: Right.
Vice Mayor Dawkins: ...and write a check for 2 million dollars?
Mr. Odio: We will. do the appropriation in the next meeting. We will proceed
to make that and you can buy up to one million, eight hundred
thousand dollars of land. We cannot buy the total property, which is 3
million right now.
Vice Mayor Dawkins: Mr. City Attorney is whispering, tell me out loud what
ordinance I have to pass now to get this done? I don't want to wait till....
since you whispered, wait till the last min... next meeting; we're going to do
it, I want to do it now.
Mr. Fernandez: No, I didn't whisper.
Mr. Odio: By the way - excuse me, if you wanted to, you could buy from the
three different accounts anyway, but in order to do it right, we will have one
account.
Mayor Suarez: We don't want to borrow anything. We have...
Vice Mayor Dawkins: City Attorney...
Mayor Suarez: ...resolved to spend that 1.8 million dollars without borrowing
it. It was identified at the time.
Vice Mayor Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: Again, I will ask you, what do I have to do now to get
the money in my checking account?
Mr. Fernandez: Pass an appropriation ordinance which would have to be, if you
want to do it today, an emergency appropriation ordinance establishing the
Latin Quarter Specialty Center land acquisition.
Vice Mayor Dawkins: Mr. Mayor, Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: Have your staff draft and have back to us by 7:30, the
ordinance and appropriation, as an emergency, so that we can pass it and get
it done.
Mr. Fernandez: You got it.
167 April 12, 1990
11
11
Vice Mayor Dawkins: Is that all right with the rest of the Commissioners?
Mayor Suarez: Yes.
Vice Mayor Dawkins: Thank you. Thank you, Mr. Mayor.
Commissioner Alonso: Do they have to do it for the 1.8 or just 1.5?
Mr. Odio: No, for the 1.8 because...
Commissioner De Yurre: One point three.
Commissioner Alonso: One point three.
Mr. Odio: We have five hundred...
Mayor Suarez: You may as well incorporate the other five hundred thousand
because we don't want any confusion as to the total amount.
Commissioner Alonso: Sure, to have the 1.8.
Commissioner De Yurre: Right. Now, continuing on this issue, we need to
establish and, Herb, we talked about this on Tuesday - there were a number of
things that can be done that I requested that the administration look into,
including street closures. We may want to go ahead and close off 15th Avenue.
I've been talking to many of the people that work on a daily basis in that
area and they tell me that 15th Avenue from 7th to 8th Street is hardly used
and we could close that and make - you have an extra 50 feet of land that
wouldn't cost us a penny that we can add it to the center. If we want to, if
we were to have any problems with, let's say, the church that they may not
want to deal with us, they may want more...
Commissioner Alonso: Oh, but they do.
Commissioner De Yurre: We can always, hopefully not, we can always go the
other way.
Commissioner Alonso: I talked to them. I have met with thein several times.
They are just waiting for us and they want just a commitment, a serious deal.
Commissioner De Yurre: Great.
Mayor Suarez: And give us the right-of-way.
Commissioner De Yurre: So -• but we have to have alternatives if we need added
areas that we can move that route. Also, the concept of going, and we may not
need the 3 million dollars to purchase the land if we go to these owners,
which is another issue that we spoke about, and ask th-am if they want to joint
venture as being part owners of the land and being co -owners with the City of
Miami in land leasing the property. So they may want to just join in and
not - we don't have to buy it from them and we save X number of dollars that
route. These are a number of issues that I brought up on Tuesday. They need
to be addressed and 1 think, you know, either we... you know, we have a
meeting, a public meeting so we can air this and come to an understanding or
you meet with Commissioner Alonso and then with me or with both of us
separately so we don't violate any Sunshine.
Mayor Suarez: Or together and notify the...
Commissioner. Alonso: Notify the press.
Commissioner De Yurre: Or notify the press.
Mayor Suarez: And the public, and the public.
Commissioner De Yurre: I think these are things that need to be addressed so
that we can do this and get it going fast track it and have something that we
can, finally have on the ground.
Mayor Suarez: And involve the City Attorney so that we have no hassles on the
issue of possible joint venturing with private sector, so we don't find out
168 April 12, 1990
afterwards at. the end of the whole thing, that the whole scheme is somehow
prevented by some legal regulation of some sort..
Commissioner De Yurre: No, we need to. We need to have everything in order
from a legalstandpoint that it can be done and that we can offer that deal to
whomever wants to join in.
Mr. Odio: You have to decide. That's why I think you should have a workshop,
because you reed to decide if we go with an AFP or UDP system, or how can we
do a ,joint venture with private sector. But either one takes a long time.
Commissioner De Yurre: Within the next two weeks, let's have a meeting so
that we can deal with the issue and take it from there. OK, now, another
issue that I have and it's one that pains me because we talk about
refurbishing an area, economic development. There's such a thing as economic
development, there's such a thing as economic maintenance. And economic
development is where you have nothing and you try to build something. And as
far as I'm concerned, economic maintenance is where you have something and you
want to keep it, ,you don't want it to deteriorate. If there's one thing that
is symbolic with the Cuban community in the City of Miami, it's 8th Street. A
tourist that comes from anywhere in the world and knows about Calle Ocho, they
automatically tie Calle Ocho to the Cuban community. Whatever they see there
on 8th Street, that's a reflection of the Cuban community. And I've seen and
whenever I pass by "El Cine" Tower, OK, to me it depresses me. When we see
the deterioration of that property and just like that, which is an eyesore,
boarded up with political signs pasted on it, with the next Dade County show
posters plastered on there.
Commissioner Alonso: But, Commissioner, are you aware of all that is
happening with the Tower?
Commissioner De Yurre: I know, but I'm just talking about...
Commissioner Alonso: They are waiting for the money from Tallahassee and
there is a group of young people they are moving to do a very nice project
there.
Commissioner De Yurre: Sure, no I know that, but I'm saying, you know, the
facade, making it look - yes, but outside, there's no reason for it to look
the way it does.
Commissioner Alonso: Oh, of course.
Commissioner De Yurre: I mean, like a little paint or just taking...
Mayor Suarez: It's very much like the Carver Theater on 'th, close to 62rd.
Commissioner Alonso: As a matter of fact, 15 through 16, it's an ugly area.
It's one of the worst.
Mayor Suarez: Two abandoned theaters in the City that we have figured out a
way not to be able to improve the conditions of for all this time, and, yes,
we are, of course, supplying and there's a group applying in Tallahassee for
funding but somehow, they just continue being the way they are. They're
eyesores and...
Commissioner De Yurre: And it will happen.
Commissioner Alonso: It. will happen. I'm sure it will happen this time.
Yes.
Commissioner De Yurre: It will happen because it will tie in to the Specialty
Center, but right now, and we have a number of merchants from Calle Ocho here
that have committed to work with us in addressing the problem of enhancing 8th
Street and we have a number of locations that are empty. We're talking about
economic maintenance, economic development and the commitment that we have
from the merchants of 8th Street is that they're going to help us in a study
to identify all those locations that are empty and we're going to come back to
the City requesting that funds be allocated and I'm sure that we can set money
aside and, Cesar, we've been talking just a moment ago about...
Mr. Odio: Yes.
169 April 12, 1990
Commissioner De Yurre: ...taking - you can take $500,000 a year and you can
turn that into a $5,000,000 base from which you can lend money on a revolving
basis that we can get people that want to start businesses to help them get
started to clean up 8th Street. I think that it is essential, as a matter of
pride, for me, as a Cuban American, it's a matter of pride to see that 8th
Street looks in a way that we can all be proud of it and that will show what.
the Cuban community can do in this City of Miami.
Vice Mayor Dawkins: I agree in total.
Commissioner De Yurre: And that's something that is very important to me.
Vice Mayor Dawkins: I agree in total and I feel the same way about 7th
Avenue. It is very depressing. My heart bleeds everytime I walk down 7th
Avenue. But, before you help me renovate 7th Avenue, you have to help me get
rid of the drug trade so that Mr. Reese's place can be frequented by people
without being afraid. So first, before you help me to... even on S.W. 8th
Street, before we do anything we've got to get control of the drug trade and
other criminal elements. So let's start to address the criminal element as we
do the other parts of the rebuilding because people aren't going to come on
S.W. 8th Street or 7th Avenue if their pocketbooks are going to be snatched or
if they're going to be approached with drugs and what have you. So, let's - I
mean, we got two things to do, Commissioner, so let's be about the business of
making Miami beautiful and what people want - what we want.
Commissioner Plummer: Commissioner, you don't have to go that far. You can
go and you know and I know and, unfortunately, those policemen back there
know, the day has come where I am damn sick and tired of the drug dealers
laughing at my policemen. You can go three blocks from this City Hall and buy
all the damn cocaine you want to buy and you're only limited by the dollars
you got in your pocket. Yet, when these guys go out, you're looking at two
things and let's keep it in mind, it happened the other night. When they go
down there and they put the heat, starts the rocks and bottles by the drug
dealers whose pockets are being pinched. And second, where is our so-called
criminal justice system who turns these damn people back out, back out on the
street? Now, somewhere along the line, this system has got to change because
what we're doing today, as much as we are, is not working. It is simply not
working and we cannot continue to what we've done yesterday, if it's not
working tomorrow and I'm telling you, the day is coming, we're going to have
to do some major, major change in tha way that we're doing business to try to
turn this situation around. Because I'm going to tell you, it hasn't turned
around, it's getting worse.
Vice Mayor Dawkins: Well, J.L., all of us in this City realize what the
problem is. The pusher is only good to the supplier when he's pushing his
product. So, therefore, the guy who has the drugs has to get his guy back out
on the streets to sell drugs as quickly as he can because the more he sells,
the more his product is. So, that's why, when he we pick him up, and we get
to the jail house with him, the bail bondsmen is there waiting to put him back
out on the streets.
Commissioner Plummer: Mr. Commissioner, one of the three criteria that is for
bail is that the individual will riot be a danger to himself or to the
community. I find it hard that a man that has 8, 10, or more arrests for
selling drugs is not a danger to the community. Yet, to get out on bail, the
second criteria is, if they're out on a bail, they're not supposed to get
another one and they turn them loose day in and day out. Now, what kind of a
society do we live in when a federal judge tells the County, take the 300
least offensive of your people and turn them out of the jails and put them
back out on the street? When you have 30 cars a day that are being stolen
within the City limits of Miami, 30 a day. Last year, 26,000 properties were
broken into, 13,000 people in the City of Miami last year had a knife, a gun,
or a strong arm put to their head to take their possessions. And I want to
tell you, what's really getting serious in this community, yesterday they were
stealing purses, today they are injuring people when they steal purses and it
really bothers me and it's going to get worse and we cannot sit back and do
business as usual.
Commissioner De Yurre: In closing, I'm going to get together with the
merchants of 8th Street and we're going to prepare a plan that we're going to
work with the administration and, hopefully, we can present in short order to
170 April 12, 1990
the Commission for consideration, about doing something about 8th Street, and -_
we're going to continue working on that route. I think - we have a motion
still on the floor?
Mr. Bailey: I would like to just speak, perhaps...
Vice Mayor Dawkins: Wait, wait, what is the motion?
Mr. Bailey: That was, it's no motion.
Commissioner De Yurre: Why don't we vote? There was a motion instructing the
administration to start purchasing the land which was...
Mr. Odio: Yes.
Commissioner Plummer: Oh, excuse me, whoa, excuse me. To negotiate, and it
will come back to this Commission, of course...
Mr. Odio: Oh, we have -- we know...
Commissioner De Yurre: Well, to start the process.
Mr. Odio: No, we have to bring the contracts back to you.
Commissioner De Yurre: Well, to start the process of purchasing.
Commissioner Plummer: Right.
Vice Mayor Dawkins: All right, was it second?
Commissioner De Yurre: Well, I think Commissioner Alonso seconded it.
Commissioner Alonso: Yes, I second, yes.
Mr. Bailey: For discu....
Vice Mayor Dawkins: All right, call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-301
A MOTION INSTRUCTING THE ADMINISTRATION TO BEGIN THE
PROCESS FOR PURCHASE OF LAND ROUGHLY CONTAINED IN THE
AREA OF THE BLOCK OF S.W. 7 TO S.W. 8 STREETS AND S.W.
14 TO S.W. 15 AVENUES IN CONNECTION WITH THE PROPOSED
LATIN QUARTER SPECIALTY CENTER; SAID PROPOSED
PURCHASES TO COME BACK BEFORE THE COMMISSION FOR FINAL
APPROVAL.
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 Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner De Yurre: Herb.
Mr. Bailey: I just want to - and we will proceed with the acquisition process
and I can assure you we'll be as creative as legally possible. But, I just
want to put on the record that once we start the process of acquisition,
things change and they get real, real difficult and all of a sudden that piece
of land that person has, all of a sudden becomes so valuable he doesn't want
to get rid of it. We will, you know, have a shortfall. I want everybody to
171 April 12, 1990
understand that nnw. We will go as far aG we possibly can with. the 1.8 _
million dollars. We do have other costs associated with acquisition that Sze _
haven't talked about and that's demolition. We might have some moral
obligation to assist in some relocation, even though we're not using federal
dollarq, but the political realities of life is that some of those people
might have some difficulty finding new places because quite a few of them are
residential units. But, we will proceed and we do have appraisals and we will
look at the closing of 15th Avenue for that one block so we can have a better =_
negotiating stance with the church property.
Commissioner De Yurre: OK, Herb, we're aware of all of that, but there's a t
commitment here to get that thing done... -
Mr. Bailey: We will start.
Commissioner De Yurre: ...so if we have - we will deal with those issues and
do it in a way that, you know, we can hold our head up high and deal with the
needs of the people, but that will get built. And that's our goal right now,
we'll work towards that. And I appreciate your concern.
Vice Mayor Dawkins: OK.
Mr. Odio: We will work full time on this, Commissioner, I'll see if we can
bring some contracts in as soon as possible.
Commissioner De Yurre: Good, thank you very much.
(Applause)
43. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "COMMUNITY
DEVELOPMENT BLOCK GRANT (SIXTEENTH YEAR)" - APPROPRIATE $11,081,000 -
APPROPRIATE $1,200,000 FROM SIXTEENTH YEAR COMMUNITY BLOCK GRANT
PROGRAM.
Mr. Jorge Fernandez: You need 28. You need to do 28 yet, Mr. Mayor, which is
the ordinance.
Mayor Suarez: Yes, I'll entertain a motion on item 28.
Commissioner De Yurre: Moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Cali the roll.
AN ORDINANCE ENTITLED -
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.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
172 April 12, 1990
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.
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: May I suggest, Mr. Mayor, that the people from S.W. 8th
Street, all the merchants, stay around for item 29.
Mayor Suarez: OK. Yes, before you leave, Mr. Phillips, let me just make one
statement. You know, we have seen visit after visit, Vice Mayor Dawkins and
I, and the rest of the Commission have met with the Secretary of Housing and
Urban Development and we've heard a lot of promises but if it is your will to
attack the - not attack, in the literal sense, but figuratively...
Commissioner Alonso: Practically.
Mayor Suarez: Yes. And Commissioner Alonso, I think, might make a very good
delegate to Washington, D. C. for another visit to the Secretary because our
visits have so far borne out very little fruit in terms of actual funding and
I think we need more money for public housing in Dade County and I think after
all the nice words and all the rhetoric and all of that, that we've heard from
him here in town and, God knows, we've had a lot of it in my own office and in
Liberty City and other parts of the City, we have yet to see the beef and, you
know, I'd like to...
Mr. Earl Phillips: I appreciate that and I certainly am going to be meeting
with the Secretary next week and I will certainly try to set that kind of a
meeting up and I guess that's another one of the reasons - I have to take this
opportunity to say that it would have been really good if the City can still,
somehow, see its way clear in awarding additional dollars to us through CDBG.
Thank you, I had to take opportunity to say that to you.
Commissioner Alonso: And it's a wonderful feeling to see that we can be
working as partners rather than the way it was done before.
Mr. Phillips: You're absolutely right and I thank you for allowing me to come
before you.
Vice Mayor Dawkins: When you see him, you tell him I'm on my way to
Washington. I don't want to see him down here.
Mr. Phillips: I will do that.
Vice Mayor Dawkins: All right, thank you very much.
Mayor Suarez: And I'm following after that. I'm on the same trail.
Vice Mayor Dawkins: Thank you.
Mr. Phillips: Yes, thank you very much for allowing me to present to you.
173 April 12, 1990
44. DISCUSSION WITH REPRESENTATIVES OF METROPOLITAN DADE COUNTY TO ADDRESS
THE PROBLEM OF THE HOMELESS.
------------------------------------------------------------------------------------
Mayor Suarez: Item twenty-nine.
Commissioner Plummer: We had asked for a representative of the County... _—
F
Mayor Suarez: The homeless.
Commissioner Plummer: ...to be here. Is there such?
Mr. Jorge Fernandez: No. Mr. Plummer, what has happened with this is that we
have been in communication with the County and, in fact, we have met. We went
over to the Assistant County Manager, Isaac Withers, and together with an
Assistant County Attorney, we met and we reviewed the concerns that this
Commission had stated on the record previously. As a response to that,
they've asked us to give them some time, hopefully, by tomorrow or early next
week, they would have a report prepared for us where they would show to us how
it is that they are spending in exceeds of $5,000,000 a year on the issue of
the homeless primarily. We have also sent to them an official letter putting
them on notice that it is the intent of this Commission or of the City to
challenge them, legally, if necessary, on their responsibility, their failure
to meet what we consider to be their obligation, their responsibility towards
the homeless. We have further researched this issue since you gave us that
charge and it is our opinion that a while back, in July of 186, my predecessor
gave you a legal opinion stating that it was at that time our opinion, pending
the resolution of a case that was going through the courts, that it was the
ultimate responsibility of the County to take care of the indigent. Since
that opinion, the Florida Supreme Court has ruled that it is not the ultimate
or the primary responsibility of the County to take care of the indigent.
That is Florida case law on the point.
Commissioner Plummer: Whose responsibility is it? It's surely not the City.
Mr. Fernandez: Perhaps not any more than the County's or the State's or the
Federal Government.
Commissioner Plummer: But the County took over and agreed to take over Dade
County Welfare under home rule charter. Is that the Supreme Court case that
you're quoting...
Mr. Fernandez: Yes.
Commissioner Plummer: ...on a home rule county?
Mr. Fernandez: Yes. It is in Dade County, in fact, specifically in point.
It's in relation, to briefly give you an idea, American Hospital...
Commissioner Plummer: No, no, no. That was for indigent care. That has
nothing to do with what I'm talking about. I'm talking about. feeding and
housing the homeless.
Mr. Fernandez: It is the County's position and we contend with them, it is
their primary obligation that they're, in fact, meeting that obligation by
spending in excess of $5,000,000 in providing food and shelter to a number of
different groups. They have shown us and they will give us a memo, a report
rather, how they have programs that address the needs of the homeless and many
of the programs they have are within the City of Miami providing shelter to
homeless family, providing food to homeless.
Vice Mayor Dawkins: Where? Food where?
Mr. Fernandez: Well, this is what we're awaiting. We're awaiting the written
report...
Commissioner Plummer: OK, hey, I'm willing to wait two more weeks but when
they come here - when two weeks from now...
174 April 12, 1990
Vice Mayor Dawkins: They have to comp though, J.L.
Commissioner Plummer: Huh?
Vice Mayor Dawkins: Have them come here. Don't send me no letter.
Commissioner Plummer: Ah, yes, I want them here.
Vice Mayor Dawkins: Don't send a letter.
Commissioner Alonso: Yes. Yes.
Mr. Fernandez: The way that the law reads, and let me make this very clear,
is that when we put them on notice, according to the State Statute, that we
Intended to pursue legal remedies against them, if necessary, what the State
Statute requires is that Metropolitan Dade County hold a public hearing to
address that concern or the fact that we intend to sue them. The burden is on
them to hold the public hearing at which time, then, we can appear there. We
have extended to them an ,invitation, that's all that we can do.
We cannot demand the County or force them to appear. We have extended them an
invitation to come and present to you the report that they are preparing,
which they will submit in writing first, and hopefully at that time, they can
answer many questions, but the proper procedure under the law, is that they
have to hold the public hearing, and then at that time, all of our concerns
are raised at that public hearing.
Commissioner Plummer: Well let me just...
Vice Mayor Dawkins: What's the time frame Mr. City Attorney?
Mr. Fernandez: I believe it is, the statute provides for sixty days from
receipt of notice that they have to set the public hearing.
Vice Mayor Dawkins: So then, it's up to them to tell us that they going to, I
mean, when did you, when did you put them on notice? I mean, anyway, we
suppose to know before that. Now, what happens if they do not respond within
sixty days to schedule a public hearing?
Mr. Fernandez: They have to.
Vice Mayor Dawkins: I'll ask my question again. What's happens :f they don't
do it, sir?
Mr. Fernandez: Well, I... Then we go right ahead and we follow lawsuit.
Vice Mayor Dawkins: OK. Thank you.
Mr. Fernandez: And because we have met our duty to inform them, and then they
have failed to comply with the State Statute.
Vice Mayor Dawkins: Thank you.
Commissioner Plummer: Well, I'll you what for me. OK. You tell them that we
realize that they can appear here voluntarily. If they do not appear here, in
our meeting in two weeks, tell them don't ever darken that door coming here to
this City asking for another damn thing. Because it will be fought like a
tiger by me to deny any request they have of this City Commission.
Commissioner Alonso: Mr. City Attorney.
Mr. Fernandez: Yes.
Commissioner Alonso: Another clarification, because now, when you try to
explain whether they still are responsible under the law, they still are
responsible for the homeless situation in the City of Miami, because they
agree to be responsible for this. The case in court has changed that fact?
Mr. Fernandez: As to the care of indigents yes. Now how do you differentiate
between indigents and homeless? That's a very good question.
Vice Mayor Dawkins: But Mr. City Attorney.
175 April 12, 1990
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: I have in my office a legal document where the State,
Dade County said, for giving them the land where Jackson Memorial Hospital —_
sits, that it would forever take care of Miami's homeless, indigents and
others. And now you telling me a court has ruled that this legal. document is
not valid?
Mr. Fernandez: No. I'm not saying that. I've never said that we don't have
a legal recourse against them.
Vice Mayor Dawkins: But you told me the court says, they are not responsible,
but yet I got a legal document.
Mr. Fernandez: Under the, because that's a different theory. The Florida
Constitution of 1885 was substituted with a constitution of 1965. In the 1965
Constitution, that requirement of the County being responsible for the
indigent was lifted, was taken out of the constitution.
Vice Mayor Dawkins: Yes. But...
Mr. Fernandez: So, we cannot proceed under a constitutional argument. We can
proceed against them under our warranty deed, or a deed that we gave to them
when we transferred over to them Jackson Hospital. But that only goes to the
issue of medical care.
Vice Mayor Dawkins: No, no, it's... have you seen it?
Mr. Fernandez: The deed for Jackson?
Vice Mayor Dawkins: Yes, yes.
Mr. Fernandez: Yes.
Vice Mayor Dawkins: And it says more.
Mr. Fernandez: More than just taking care of patients at Jackson?
Vice Mayor Dawkins: Yes, sir; yes, sir.
Mr. Fernandez: Then I would stand corrected. I need to take a look at, it
again.
Vice Mayor Dawkins: OK. I'll get you a copy of it, don't worry.
Mr. Fernandez: Please.
Vice Mayor Dawkins: You see. But that was, it was dated in 1948.
Mr. Fernandez: I understand.
Vice Mayor Dawkins: OK.
Mr. Fernandez: And that will still be valid. Any deed restrictions will be
valid.
Vice Mayor Dawkins: OK. Thank you.
Commissioner Alonso: OK. At this point, since we are in the homeless
situation, two things. I've been bombarded by phone calls and letters in my
office. People are very concerned about, they think it's a changing in zoning
for 641 W. Flagler. I guess what it is, is that they have appealed Sergio
Rodriguez' findings in, what churches can do to serve people. The perception
of the merchants and citizens in the area is that we are allowing it to be the
case, it is the other way around. We set rules and regulations saying they
cannot serve food in churches and they have appealed the case, and that's what
we are facing, the situation. I'll like to, Sergio, for you to put this on
the record, because there is a lot of confusion in what's really happening,
and the merchants and the people in the area are very concerned that we are
allowing that. On the contrary, we have said no, and now they have appealed
that, and we are in the process of giving them the opportunity that is
provided by law.
176 April 12, 1990
Mr. Rodriguez* Yes, basically what I did when I waS asked to give a ... make
a determination on whether the food could be served, in what is called "soup
lines," in relation to, in conjunction to churches in the commercial.
residential district, I said that in order to do that, my recommendation was
that it will be required to have a special exception. That determination that
I made is being appealed by the Coalition for the Homeless, and that. case is
going to be heard this coming Monday, the 16th at 7:00 p.m. before the Zoning
Board. If that case is heard by the Zoning Board and they make a decision,
that decision can be appealed, then to the City Commission, which then will
make a determination.
Commissioner Alonso: Have you met with them since...
Mr. Rodriguez: With whom?
Commissioner Alonso: With the coalition, have they come to see...
Mr. Rodriguez: I met with the coalition either yesterday or day before, and
with the lawyer representing them, and I explained to them basically the
position that we have, and I think they have to make a determination whether
they want to, I believe they are going to go with appeal.
Commissioner Alonso: What they are very concerned, an attorney on their
behalf came to see me and he said that the concern that they have is more in
the sense of the prohibition of what they are doing at the present time and is
not creating problems, like serving food on Sundays, and keeping the people
inside the building. That's the concern that they have. Also they say that
churches were willing to work on a plan to keep very small groups, twenty five
or so, and to keep them within the limitations of the area provided by the
building, rather than having soup lines, that it's what we are very concerned.
500 people eating in a place, another Camillus House in the neighborhood,
that's what we don't want.
Mr. Rodriguez: Yes. Basically the concern that I addressed in my
determination was, that the impact that can be caused by these type of
facilities was, if the people were to congregate on the sidewalks, and for
that reason I felt that it was important that a public hearing process was
involved, in which conditions could be imposed on that type of service, as
compared to outright possibility in the zoning ordinance by which people
could, by a matter of right, provide us services, without any direction, or
any limitation as to the hours of operation, or the effect that it could have
on the free flow of traffic, and so on. So I think that they are aware of our
concern. We have a very good meeting with them, in which we explained them
our position, and at this point, they are considering whether they could find
a solution to the problem, and I don't know whether they will ask for a
postponement on Monday or not. I'm not sure about that, but they discussed
that possibility with us.
Commissioner Alonso: I think it's important also, if we meet with the people
of the area and explain to them exactly what's happening. Some of them are
very, very concerned and think that it's going to happen tomorrow, that 641 or
647, what's the address?
Mr. Rodriguez: 641 I believe.
Commissioner Alonso: 641, it's going to start like tomorrow.
Commissioner Plummer: Is that the church or across the street?
Commissioner Alonso: Yes, yes, the church.
Mr. Rodriguez: That's across the street. it's the address across the street
that is owned by the church.
Commissioner Alonso: Yes. OK.
Mayor Suarez: OK. All right Mr. City Attorney, did you contact, on item 29,
did you contact the legal services people about, I think there is a lawsuit in
L.A., or some other part of the country over this very issue about
responsibility for the homeless. Did I get that information to you?
177 April 12, 1990
Mr. Fernandez: No.
Mayor Suarez: Marsha Sypen from legal. services informed me of that in `=
Washington. Would you check with her please so that we won't have to redo all
that research.
Mr. Fernandez: I certainly will.
Mayor Suarez: Oh, I'm sorry. Sheila go ahead, you want to say something on =
297 -
Ms. Sheila Anderson: Sheila Anderson, with Ross and Associates, I Biscayne
Tower on behalf of the Downtown Miami Business Association. We are aware of _
some of the City Attorney's activities and communication with the County. Our
organization is vitally interested in seeing that there are resolutions to the
homeless problem, and the impact on the downtown community across the board
and we would like to be further informed and involved to help him put pressure —_
on the County, if you will direct him that way. -
NOTE FOR THE RECORD: At this point, Agenda item 30
was called for discussion. The record was marked to =_
reflect no appearance by interested parties.
45. GRANT REQUEST BY COCONUT GROVE CHAMBER OF COMMERCE FOR DESIGNATED STREET
CLOSURES CONCERNING 14TH ANNUAL BANYAN FESTIVAL OF THE ARTS - RESTRICT
PEDDLERS - PERMIT SALE OF BEER AND WINE.
---------------------------------------------------------------------------------
= Mayor Suarez: Item 31, Coconut Grove Chamber
Ms. Tricia Nerat: Good evening. My name is Tricia Nerat, I'm the new =_
Executive Director of the Coconut Grove Chamber of Commerce. And at this
time, we are asking that street closures for our 14th Annual Banyan Festival
be granted. The dates for them are October 20th and 21st, street closures
starting at 6:00 a.m. Saturday the 20th through 8:00 p.m. Sunday the 21st. The streets that we are...
Mayor Suarez: You want to move that as the member of the committee? The =_
closures...
Commissioner Plummer: We have no problem with that.
Mayor Suarez: OK. Moved.
Ms. Nerat: OK. Is there a problem with the ...
Mayor Suarez: Wait, let's vote on the street closures. Moved and second.
Any discussion? If not, please call the roll. 7-
Commissioner Plummer: That's the street closure as well as the retail
peddlers and the beer and wine?
Ms. Nerat: Yes sir.
Commissioner Plummer: Yes, I move it.
Mayor Suarez: OK. Moved and second. Any discussion? If not, please call
the roll.
178 April 12, 1990
Ll
The following resolution was introchiced
moved its adoption:
by Commissioner Plummer, who
RESOLUTION NO. 90-302
A RESOLUTION CONCERNING THE BANYAN FESTIVAL TO BE
CONDUCTED BY THE COCONUT GROVE CHAMBER OF COMMERCE TO
BE HELD OCTOBER 20-21, 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; -
FURTHER 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.
(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.
Mayor Suarez: Item 32, Drake Memorial. Item 32, Drake Memorial.
Mr. Rodriguez: That's Rev. Dunn, I believe, and ...
Vice Mayor Dawkins: They are not here, go ahead.
Mayor Suarez: Rev. Dunn. Item 33.
't NOTE FOR THE RECORD: At this point, Agenda item 32
` was withdrawn.
-------------------------------------------------------------------------------
�!
__r.
4 46. BRIEF DISCUSSION CONCERNING STEPS PRESENTLY UNDER WAY TO MAKE KAGOSHIMA
9' CITY IN JAPAN PART OF THE SISTER CITY PROGRAM.
Mayor Suarez: item 33, George Knox.
Mr. Rodriguez: George told me he had to leave, but if you could go ahead and
discuss this.
Commissioner Plummer: Yes. I would like to know what is this in reference to
Sister Cities? - I don't...
Mr. Rodriguez: They want to make Kagoshima, Japan, the Sister City
relationship.
Mayor Suarez: This is what resulted from the trip we took?
179 April 12, 1990
i
Mr. Rodriguez: Yes.
Mayor Suarez: Had that all been, have you been briefed on the whole thing?
Commissioner Plummer: George has not called me.
Mayor Suarez: You what? —
Commissioner Plummer: I'll work with him, I mean, it's just, I got to know =_
what they want to do. By the way, Mr. Mayor...
Mr. Rodriguez: They want to formalize the relationship as Sister City.
Commissioner Plummer: Mr. Mayor, at your bequest, I have met with the people
who are trying to establish with Panama, and that we have already applied for —
the Charter.
Mayor Suarez: Beautiful. They have resolved the problem of West Miami?
Commissioner Plummer: We didn't even ask.
Mayor Suarez: Oh. Good. OK. Kagoshima. Do we know, have you been... OK.
Do we know if there is any impediments, any problems, can we just get all the
information. We thought the whole thing had been referred to Commissioner
Plummer after the trip, and if that hasn't happened, you know, I hope that
these folks that are Knox and Capustin and Robert Rodriguez get with
Commissioner Plummer, and at the same time, City staff who was involved in the
trip and DDA, Mathew Schwartz, brief you on everything that was done. It's
quite a pretty, exciting potential...
Commissioner Plummer: Fine.
Mayor Suarez: And I think that there is no other City which...
Commissioner Plummer: That's not an impediment anymore.
Mayor Suarez: It's not an impediment? Good. Good to know. OK. We need a
resolution of, in principle, supporting the concept?
Commissioner Plummer: No, sir. Not right now. Just a matter of getting the
Charter, at such time as the presentation of the Charter.
47. AUTHORIZE MANAGER TO REMOVE PENALTIES FROM RAY BASTEN REGARDING WASTE
COLLECTION FEES AT 2716 N.E. 2 AVENUE - ALLOW TIME FOR MR. BASTEN TO
PAY OUTSTANDING FEES.
Mayor Suarez: OK. Vice Mayor Dawkins had a request for Ray Basten to discuss
waste collection fees charged to him. Is he here?
Mr. Ray Basten: Yes, sir.
-i Mayor Suarez: Sir.
Mr. Basten: After all these weighty things that you folks have been dealing
13 with, this seems terriblysmall, but it is big to me. I own g property at 2700-
2716 NE 2rd Avenue. From December 173 to December 189, I retook title of this
property on July of '89 when the purchaser defaulted. During the fifteen
years I owned this property, I never received a bill for refuse tax.
Naturally, I assumed it was included in the real estate tax, which by the way,
- was very high, and my land was assessed in 1988 for...
Mayor Suarez: You didn't receive a bill for what, I'cn sorry.
Mr. Basten: Refuse tax, garbage collection.
Mayor Suarez: The old solid waste fee, otherwise known as a refuse tax. Let
me stop you for a second. Can we have some quiet in the back, officer,
180 April 12, 1990
r
please, can yoti i.nstruc,t. Frank. and his friends bark. there. All right., sir.
I'm sorry, go ahead, sir.-
- Commissioner Plummer: Either come in and have a seat, or go outside and hold
your private meetings.
Mayor Suarez: What do we do, let me just cut you short for a second, see if
we can resolve some of this. What do we do if somebody indeed, if we agree
with him that for fifteen years there has been no solid waste fee charged to
him, and that it hasn't been his fault, but our fault. Is that, do we agree _
on that all...factually?
Mr. Carlos Garcia: Mr. Mayor, Mr. Basten was sent solid waste bills in 1988
for a year. He didn't pay those bills, he was the owner of the property at
the time. He sold the property in December of '88 to a new owner. The new
owner didn't pay the bills here in 1989. He acquired the property back again
in 1989 and the bills have been outstanding, except for a certain amount that
he has paid.
Mr. Basten: This is not, this is factual only in the later part. I did not
receive a bill in 1988. That is a falsest.
Commissioner Plummer: Well, did the other owner receive it in '88?
Mr. Basten: No. The other owner didn't purchase the property until the last
day of '88.
Mr. Garcia: According to our records, the bills were sent in '88. I believe
we have correspondence here in 1989 from Mr. Basten and the owner, and the
second owner, indicating that you know, they didn't want to pay the bills
because...
Commissioner Plummer: Let me ask you this question. When you send the guy a
bill, and he doesn't pay it by the prescribed time, do you send a follow up
bill?
Mr. Garcia: We send bills every month. Yes, sir.
Commissioner Plummer: That every month that it's not being paid?
Mr. Garcia: That is right.
Commissioner Plummer: And at what point do you move to do something other
than send a bill?
Mr. Garcia: It depends, we follow certain procedures. At a certain time when
the bill is more than a year old, then we go ahead and transfer the bill to a
lien, and eventually that gets sold.
Commissioner Plummer: Well, wouldn't it be better that you do it in less than
a year?
Mr. Garcia: According to the law that we have, it takes a year at least for
the property to be transferred to the lien.
Commissioner Plummer: Is that our ordinance, our law?
Mr. Garcia: Yes, sir. Right.
Commissioner Plummer: Well, can't we change that?
Mr. Garcia: We can change it, but I think it is prudent to leave the, to let
the property owner have at least a year to pay all the bills, before we
transfer that and make it an official lien and subject to foreclosure on the
property.
Commissioner Plummer: Well, but you know, here again, this man says that he
didn't get the letter, you say you sent it. Now...
Mr. Garcia: According to our records, we sent four bills in 1988, August
through December.
181 April 12, 1990
Mr. Basten: i swear I received no communicntions from the City regarding
refuse tax in 1988. I learned about this, only after I retook the property in
'89.
Commissioner Alonso: OK. I have some questions. You say you sold the
property in 1988? -
Mr. Basten: That's right. The last day of the year.
Commissioner Alonso: OK. At the time of closing, did the Attorneys check
whether there was an outstanding bill on that property or not, did they check
with the City of Miami?...
Mr. Basten: No. Ma'am, they did not.
Commissioner Alonso: It was the responsibility to check whether there was an
outstanding bill in order to protect the client. Were Attorneys involved with -_
this closing?
Mr. Basten: Yes. They were,
Commissioner Alonso: Well, It was the responsibility to check that there was
no outstanding bill on the Property at the time of closing, and if it was, and
it was a lien on the property, the new owner had the responsibility for the
bill for the outstanding lien, to pay. An then again, when you acquired the
property a second time, did the Attorneys check again that there were liens
pending on the property?
Mr. Basten: When I re -acquired the property, it was under duress. The
purchaser was totally irresponsible.
Commissioner Alonso: I see.
Mr. Basten: She paid no bills whatever, did no maintenance, and I had to pay
a fee to get her to re... transfer the title back to me, and she was totally
irresponsible in the whole transaction, so that there was not any search made
at that time, but I knew about this bill at that time. But in 1989, when you
get billed for 188 services, you can't bill your tenants. These services
weren't rendered to me, they were rendered to my tenants. If I had a bill on
the timely basis, I could have passed it on to them, I didn't know about it.
So now I'm being asked to pay out of my pocket for services rendered to my
tenants. There was no refuse tax, pick up, for me. I didn't live there.
Commissioner Alonso: Did you ever send a certified letter, during 1988?
Mr. Garcia: No Ma'am. No, Commissioner, we did not. Normally, we don't send
a solid waste bill through certified mail, and we fifty five thousand
accounts.
Mayor Suarez: How many years are at issue here?
Mr. Garcia: 1988 and 1989, I believe.
Mr. Basten: '89 has been paid.
Mr. Garcia: You're probably right, yes sir.
Mr. Basten: '90 has been paid.
Mayor Suarez: And how much is it for 1988?
Commissioner Alonso: One sixty six... it is a single home?
Mr. Basten: No, no. This is...
Commissioner Alonso: Is it a building?
Mr. Basten: ...commercial property.
Commissioner Alonso: Oh.
Mr. Basten: This is a store building with five stores.
182 April 12, 1990
Mayor Suarez: How much is at issue?
Commissioner Alonso: How much?
Mr. Garcia: Four thousand dollars. _
Mr. Basten: The actual refuse tax bill was thirty six hundred, penalties have
brought it up to four thousand and nine fifty four. I've received bills the
last couple of months, but I maintain that I shouldn't have to pay this,
because I didn't know it was outstanding. If I had known and received the
bill in the beginning of '88...
Commissioner Alonso: Can we remove the penalties...
Mayor Suarez: We can ask them to remove the penalties, but...
Commissioner Alonso: ...and ask them to pay to pay for the bill or give them
flexibility that they can take some time to make payment to the City?
Mr. Garcia: We could remove the penalties, if the Commission so desires, yes.
Mr, Basten: I wish you could understand that this is not service rendered to
me, it was rendered to my store tenants.
Mayor Suarez: No, no the...
Mr. Basten: If I had been billed on a timely basis, I would have passed the
charges on to them.
Mayor Suarez: I think the law as it stands now, reads that the property owner
is the one responsible for the payment, and your attorney should have checked
when you bought, to see if there was anything outstanding. It's one year.
The penalties, I don't think are a problem with the Commission, I think there
is a consensus on that, but we couldn't possibly waive the payment of the
actual fees, because everybody who buys without checking to see what is owed
would come to the Commission and expect to get relief from that. There is no
way.
Mr. Basten: It seems that there was a responsibility on the part of the City
to bill me, surely.
Mayor Suarez: We think we fulfilled that responsibility and you don't, I
suppose you can always go to court and try to prove that.
Commissioner Alonso: Another question. This gentleman has been the owner in
fifteen years, according to what he has said. Did he pay before '88?
Mr. Garcia: No. Before '88 he never paid any bills. We didn't have the
property in our records as being serviced by the City. What is...
Commissioner Alonso: So actually, he saved quite a bit of money.
Mr. Garcia: Yes, Ma'am.
Commissioner Alonso: I see.
Mayor Suarez: All right.
Mr. Basten: Understand please, that I saved not a dime. If I had been
billed —let me...
Commissioner Alonso: Sir, sir. Let me correct you by saying yes, because
everyone else was paying in the City of Miami, prior to 1988.
Mr. Basten: Please, may I clear this up? This isn't refuse tax for the
owner, it'a refuse tax for the tenants.
Commissioner Alonso: Yes. But the ultimate responsibility is the owner of
the property.
183 April 12, 1990
Mr. Basten: Yes, yes, yes. That's a technicality, which the City created,
and the owner has taken the responsibility of collecting, for you. This is
fine, I'd be happy to do it. But you must let me know at the beginning of the
year so I can collect. I can't collect retroactively.
Commissioner Alonso: We understand that.
Mr. Basten: The failure to bill has caused this to be my personal expense,
rather than allowing me to pass it on to those who got the service. I got no
service whatever. I was only a collection agent for the City. _
- E—
Mayor Suarez: That's why we are willing to remove the penalty, possibly. —
Commissioner Alonso: I'd like to check another thing. When he was sent the
bill, 1988, was it sent to his address or to the property?
Mr. Garcia: The information that we have was that it was sent to his home
address. That's information that we have, that I have.
Mr. Basten: This is false information. There was no such thing. How about
1987? The truth of the matter, is that for years and years they didn't have
it on their records. I didn't know it should be paid, I didn't know it
existed, otherwise I would have paid it. Somewhere in those past years, the
laws were changed and they were supposed to bill me, but they didn't do it.
Now you are trying to collect from me rather than collect from me early enough
in the year, so that I could pass it on to those who had the service. I
didn't get any garbage service, my tenants did.
Commissioner Plummer: Your property did.
Mr. Basten: Well this is a technicality.
Commissioner Plummer: No. It's not a technicality, we can't deal with the
tenant, we have to deal with the property owner in the same way as your ad
valorem taxation. We can't deal with the tenant as to your ad valorem. I
mean, you are not a collector of taxes for the School Board and the County,
and from ,your tenant, we are looking to you, you are the property owner.
Mr. Basten: The water company collects from my tenants, they don't collect
from me.
Commissioner Plummer: That's because they put up a deposit, with them for a
service not for tangible.
Mayor Suarez: And it depends on the usage of water by that particular tenant.
Commissioner Alonso: Mr. Garcia, you did not receive back any of the letters
that you sent?
Mr. Garcia: Not to my knowledge, Commissioner.
Mr. Basten: I've always paid my bills promptly. I've never in my life not
taken care of my bills. My record will show that.
Mayor Suarez: Well, why don't we refer back to staff to check to see, to be
absolutely sure that you did send the bills, and presumably, the letters
should have been received at the correct address. In the meantime, do you
have any problem with taking off the penalty?
Commissioner Plummer: How much is the penalty?
Commissioner Alonso: I have, they say about $900.00 right?
Mr. Garcia: Four hundred and forty nine dollars.
Commissioner Alonso: How much?
Mr. Garcia: Four hundred and forty nine.
Commissioner Alonso: Four forty nine?
184 April 12, 1990
Mr. Basten: Well, I think it was thirty six hundred to four thousand and nine
fifty four., so it's 4,954.
Commissioner Plummer: To me, a man who won't split the difference. Cut the
penalty in half.
Mr. Basten: I, I think that's vicious. Penalize me for not knowing that they hadn't sent sent me letters?
Commissioner Plummer: Sir, they are stating that they did.
Mr. Basten: But they are not telling the truth.
Commissioner Plummer: Well...
Mr. Basten: Are they saying that they did in 187?
Mr. Garcia: No, sir. We are not making that statement, because that isn't
untrue.
Mr. Basten: They didn't send in 188 anymore than they did in '87, is the
truth.
Commissioner Plummer: Sir, I'm not the mailman.
Commissioner Alonso: Mr. Garcia. Are you certain that you sent those letters
in 1988? Or it could be that the property was placed on your records at the
end of 1988, because this gentleman sold the property and therefore, you were
notified. Are you sure you have all the records? - that it was actually in
place in 1988 and not that it was placed at the end of the year...
Mr. Garcia: The records that I have...
Commissioner Alonso: ...because of his, of the sale that took place?
Mr. Garcia: The records that we have indicated that we learned about the non -
billing of the property in August 1988, at that time we sent the 1988 bill.
August of...
Commissioner Alonso: Wait a second. In August?
Mr. Garcia: August of 1988, yes, Ma'am.
Commissioner. Alonso: Of 1988, is when you started billing this property.
Mr. Garcia: Yes. But it was billed retroactively to .January 1988 for the
full year.
Commissioner Alonso: So, he was not notified at the beginning of 1988...
Mr. Garcia: Not at the beginning, that's right.
Commissioner Alonso: ...but at the end of the year.
Mr. Garcia: In August of 1988.
Commissioner Alonso: This is a different story now. This gentleman had no
way of knowing about this until August.
Mr. Garcia: But still the services were provided for the full year.
Commissioner Alonso: Yes, indeed. But then his statement that he could not
charge his tenants for the rest of the year at the end, has some value now.
Commissioner Plummer: Let me say something for the record. You know, you are
talking about, I don't know how many of these four thousand. Is that four
thousand for one year?
Mr. Garcia: Yes, sir.
Commissioner Plummer: OK. And you are telling me there is approximately
$2,000,000 worth of delinquents?
185 April 12, 1990
Mr. Garcia: Approximately.
Commissioner Plummer: You know, it would seem like to me, after about the
third month of notification that they don't pay, that you go out and stick a
notice on their door that within thirty days, if they don't pay, we are going
to cease picking up garbage, and as such, we are going to close their doors.
And why don't you do that?
Mr. Garcia: I don't think from a sanitary standpoint, we can take that
action.
Commissioner Plummer: No, no. Close their doors. Lock them up. If they
don't have garbage service provided to their facility, let's close their
doors.
Mr. Garcia: You are talking about. commercial property?
Commissioner Plummer: I'm talking about people who don't pay their bills.
Commissioner Alonso: And private homes, are you going to lock them in too?
Commissioner Plummer: No, no. I'm talking about mostly commercial, is what
I'm talking about. How you close the doors of a private home? - You don't.
But I mean, this is ridiculous, we got $2,000,000 worth of delinquents, why
don't we just go out after the third month, or the fourth month and say, hey,
you got thirty days, or we're coming back and we are closing and locking your
doors. You do it with occupational licences, don't you?
Mr. Garcia: We do. Yes, sir.
Commissioner Plummer: So, why wouldn't you do it with this? This City is
looking for dollars. These are not dollars that are new, these are old that
we haven't gotten.
Mr. Garcia: We will look into the State law, and see if that is permissible,
we can take that action, on commercial properties.
Commissioner Plummer: Well, let's do it. Let's make everybody pay their fair
share. I'll make a motion to cut his fine in half.
Commissioner Alonso: By the way, I think we are doing a good job in trying to
collect because I think Ms. Cabonel.l is doing a good, good job. I have seen
her work in deals and all of that, she is doing a great job, by the way.
Mr. Odio: We had in 185 about $12,000,000. Well, we went, I really...
Commissioner Plummer: Let's do better. Let me tell you, you threaten a man
with closing his door, he is going to listen to you.
Mr. Odio: Once you put, place the lien on Commissioner, that money is ours.
Commissioner Plummer: The lien doesn't mean a damn thing in this community.
Mr. Odio: Yes, we get the money.
Commissioner Plummer: Yes. Fine. Twenty years from today...
Mr. Odio: No.
Commissioner Plummer: What?
Mr. Odio: We sell the liens.
Commissioner Plummer: You sell the liens, for what? Discounted.
Me. Garcia: No, sir, 100 percent...
Mr. Odio: No. We get our money after a year and -a -half.
Commissioner Alonso: Commissioner. I don't believe it's right not to remove
the entire penalty because this gentleman knew in August of '88. It was not
186 April 12, 1990
i
11
his fault that he was not notified prior to that
was not receiving bills before.
Commissioner Plummer: What do you want to do?
Mayor Suarez: He wants us to remove the penalty.
Remember that his property
Commissioner Alonso: I will be inclined to remove the penalty and let him
pay.. .
Commissioner Plummer: Fine. I second the motion. For $400.00, we are taking
up an hour and -a -half time.
Mayor Suarez: Moved and seconded as to the penalty. Any discussion? If not,
please call the roll. Let's do this at least...
Commissioner Alonso: ... And, and may I add something? If he needs some time
to make the payment, work with him, as he needs to du it in...
Mr. Basten: I appreciate...
Commissioner Alonso: ...Work with him in that because he was notified in
August. Therefore, we don't have that strong position in that case, so let's
do it. Work with the gentleman, give him a period of time, if you want to
give him thirty days, fine, but sit with him and work, working plan and remove
the penalty.
Commissioner Plummer: Excuse me...
Commissioner Alonso: ... And of course he pays from now on, on time.
Mr. Basten: Please, please, may I clarify?
Commissioner Plummer: The working plan is predicated. What you going to give
him, sixty days or thirty days?
Mr. Garcia: Sixty days, we are going to give him.
Commissioner Plummer: Sixty days. If he doesn't pay in sixty days, the fine
is not removed.
Commissioner Alonso: Oh. Sure.
Commissioner Plummer: Of course. Seguro.
Mr. Basten: I will pay.
Mayor Suarez: OK. We have a motion as to the penalty, if an agreement is
reached as to the principal amount. Why don't we call the roll on that sir,
and then you can say whatever you want, probably your last statement here.
Mr. Basten: But, I'll still like...
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-303
A MOTION DIRECTING THE CITY MANAGER TO REMOVE
PENALTIES PREVIOUSLY ASSESSED TO MR. RAY BASTEN IN
CONNECTION WITH OUTSTANDING WASTE COLLECTION FEES AT
2716 N.E. 2 AVENUE; FURTHER STIPULATING THAT IF SAID
FEES ARE NOT PAID WITHIN 60 DAYS, THE PENALTY AMOUNT
SHALL BE REASSESSED.
Upon being seconded by Commissioner Plununer, the motion was passed and
adopted by the following vote:
187 April 12, 1990
AYES: Commissioner Victor De Yur.re
Commissioner. J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor Dawkins
ABSENT: None.
Commissioner Plummer: No. You vote no?
Vice Mayor Dawkins: Yes. I do.
Mayor Suarez: OK, sir.
Mr. Basten: Can't you understand that if I had been notified in August, it
still didn't give me an opportunity to collect from tenants from the first of
the year? I was only collecting money for the City. I collected money for
the City in '89, I didn't protest that, I collect for '90, I don't protest
that. Happy to do it, but I didn't know about it, I can't retroactively
collect from my tenants.
Vice Mayor Dawkins: Hey, you know, I could go along with the gentleman. If
the gentleman didn't constantly seem to want me to believe that he did not
know, that garbage collection fee was due on his property. And he constantly
says, I am not responsible for my tenants. See? You know, he is responsible
for his tenants, that's his property, that's his property. But he
constantly...
Mayor Suarez: Yes. But...
Mr. Basten: I recognize that sir. I recognize ... legally.
Vice Mayor Dawkins: So, therefore, I can, I would go with half of the
penalty, yes, but I guess some kind of a way, you got to send a message to
everybody out there, you got to pay. And if you don't pay, you will be
penalized.
Mayor Suarez: OK, sir. Last statement Basically, we figured you had
constructive knowledge that in fact, there was a fee to be paid for garbage
collection from commercial accounts. Anything else? Last statement. Did we
finish the roil call?
Ms. Matty Hirai: No sir.
Mayor Suarez: I'm sorry.
Commissioner Plummer: What's the motion?
Mayor Suarez: On the elimination of the penalty. Taking away the penalty.
Commissioner Plummer: If in fact, he pays within the sixty days, we remove
the penalty, I vote yes.
Mayor Suarez: All right.
Mr. Basten: I'll pay tomorrow, but I've been treated unjustly.
Mayor Suarez: OK, sir. I guess not every Commissioner in every City in the
United States would even hear a case like this from one individual, because
that's usually not the way it works.
Commissioner Plummer: We spend $4,000 of time to reduce $400.00 in penalty.
Mayor Suarez: And 35, is Ronald Cohen here, or any of the principals in this
matter?
Mr. Odio: I believe this was withdrawn.
188 April 12, 1990
NOTE FOR THE RECORD: At this point, Agenda item 35
was withdrawn.
----------------------------------------------------------------
48. PERSONAL APPEARANCE: BILL PERRY - TO DISCUSS PROGRESS OF EXTERNAL AUDIT —_
OF FIRE DEPARTMENT'S HEALTH TRUST FUND.
Mayor Suarez: Item 36, Bill Perry.
Mr. dill Perry: Yes, sir.
Commissioner Plummer: I saw him here. I got a memo on this, this morning.
Mr. Perry: Good evening. Mr. Mayor and Commissioners. My name is Bill
Perry, I reside at 850 NW 7th Street Road, Overtown, Florida. I'm not here
representing any one, I'm speaking as a private citizen, and as a taxpayer. I
still have some concern about conditions within your Fire Department. I think
that you have a classic case study of white supremacy in action, in your Fire
Department. A few months ago, when Ms. Range was on this Commission, she
requested an independent external audit of the Trust Fund, that there has been
a lot of confusion around, and at that time, you adopted a resolution, stating
that an audit would be made. I've talked with staff, and Ms. Bellamy gave me
allot of information, but to my knowledge and perhaps, I don't know if you
know it or not, no audit has been done yet. And it seems the longer it takes
to do this audit, and my God, you know, if they wa:.+ted to, they could write a
whole new set of books by now. If there are any proprieties, I think that
certainly you would take some action to see to it that at least your Legal
Department, I know you directed the Mr. Manager to do it, and no action has
been taken, at least you should direct your Legal Department to initiate legal
action to get the records from the Fire Department. The last meeting I
attended, I heard the Manager say he would subpoena the records, and there was
a gentleman from the Fire Union, that wasn't necessary, he would make the
records available. Well, I think about ninety days has passed since that
time, and the records have not been made available. I think it would really
clear up some of the clouds that are hanging over the heads of your Eire
Department. Some may not be cleared up, but at least, this one if someone
would get to the bottom of it, and I'll keep coming here, I hope I don't, I
mean, I could stop coming, but I will keep coming here until such time as I am
able to see a copy of an audit that's been done of that Trust Fund.. I just
beg you to do something about it.
Commissioner Plummer: Mr. Manager, did we do an internal audit at the time,
when they begged us to take them out of the financial problems?
Mr. Odio: We did.
Commissioner Plummer: We did.
Mr. Odio: To determine the amount that we needed to put in to it.
Commissioner Plummer: Do we have copies of that, we the Conunission? An
internal audit of why they lost $900,000. Did we do such an audit?
Mr. Odio: We had to.
Mayor Suarez: Why they were short $900,000?
Mr. Odio: They were underfunded.
Commissioner Plummer: No, no, no. They were not underfunded. Excuse me.
Mr. Odio: Well, whatever, OK. Sure.
Conunissioner Plummer: They were not underfunded by the City, they came...
189 April 12, 1990
Mr.. Odio: No, no, by them.
Commissioner Plummer: ... $900,000 short.
Mayor Suarez: The total was short 5900,000.
Mr. Odio: Right.
Commissioner Plummer: OK. Now, the question is, you are saying you did an
internal audit?
Mr. Odio: To determine what amounts at that time, we needed to put in this,
and to take over the program.
Commissioner Plummer: Did your audit include why there was a deficit?
Mr. Odio: I don't know if we got to that. Yes.
Commissioner Plummer: You do have such?
Mr. Odio: The wire company did it. Yes.
Commissioner Plummer: OK. Can we at least, have copies of that?
Mr. Odio: Yes.
Commissioner Plummer: I haven't seen that.
Commissioner Plummer: Yes.
Commissioner Plummer: Now, I also received a memo this morning, which I
looked at very briefly, because I was...
Mayor Suarez: Yes. We got a memo, like today, or at a...
Commissioner Plummer: This morning. I read it briefly, and basically what I
read was, that the representative, the legal attorney for the Fire Union is
refusing to give up certain records.
Mr. Odio: Mr. Kaplan, yes. That's true.
Commissioner Plummer: OK. And I'm sure he is representing his client as he
is instructed to do.
Mr. Odio: Yes.
Commissioner Plummer: But yet, this City is entitled to audit anything that
we subsidize.
Mr. Odio: Well, that's something that I think that will have to be determined
in the courts.
Commissioner Plummer: I'm sorry.
Mr. Odio: I believe that issue will have to be determined in the courts.
Mayor Suarez; I can't imagine that the answer will be anything other than we
have a absolute right to audit.
Mr. Odio: Yes. We have a problem there.
Mayor Suarez: Well, let's go to court, and let's resolve it, and hopefully we
will prevail. Is that the concession of the Commission? All right, I
entertain it in a form of motion.
Vice Mayor Dawkins: So moved.
Mayor Suarez: Moved.
Commissioner De Yurre: Give me the motion again.
190 April 12, 1990
Mayor Suarez:
It's as
follows,
logical common sense, that we have a right to
go an audit a
fund to
which we
contribute and which inures to the benefit of
our employees.
I can't
imagine
why not.
Commissioner Plummer: Mr. Mayor, what do we accomplish by going to court,
other than increasing legal fees?
Mayor Suarez: Hopefully, prevailing.
Mr. Odio: Well, the right to audit.
Commissioner Plummer: No, no. By the time you get to court...
Mayor Suarez: The legal fees? We have our Legal Department, eager to
initiate the suit.
Commissioner Plummer: They will come with an outside... audit.
Mr. Fernandez: No.
Mayor Suarez: No, no. They are experts to this.
Commissioner Plummer: Excuse me. You know, going to court, the only winners
in my estimation are the lawyers.
Mayor Suarez: We have no alternative. You have any other better idea?
Commissioner Plummer: Yes. You do. I think you do, and let's consider it.
Mayor Suarez: All right. Please suggest it, so we could move on.
Commissioner. Plummer: OK. There is to be a refunding by the City of this
year in the budget for next year's allocation.
Mr. Odio: No, no. We took over. No. We took over their, the firefighters
are now on our insurance plan. They no longer have that...
Mayor Suarez: That fund doesn't exist anymore?
Mr. Odio: That doesn't exist anymore.
Mayor Suarez: We want to know what happened to it when we had to supplement
it to the tune of $900,000?
Mr. Odio: And I guess, I think what we are trying to f ind out is were the
black firefighters unduly, did not get coverage or whatever.
Mayor Suarez: Economically harmed in any way.
Mr. Odio: Economically harmed in any way. So, that's the question, and
that's what we need to look at the fund.
Mr. Fernandez: Mr. Mayor, at the request of the administration, we, your Law
Department, we are looking at a way to take the Trust to court, and get them
to produce the records. However,...
Mayor Suarez: But don't look too .long.
Mr. Fernandez: No, no. But let me explain to your sir.
Mayor Suarez: Take them to court.
Mr. Fernandez: You know what a cause of action is, but to the other members
of the Commission...
Mayor Suarez: That's right.
Mr. Fernandez: ...that may not know what a cause of action is, you just
cannot walk into court, simply because you want to walk into court. You have
to have a vehicle, and that we at law call a cause of action. We have to be
able to make it sound in something, make it sound in contract, make it sound
in negligence, make in sound in equity, whatever you want to call. it.
191 April 12, 1990
Mayor Suarez: Let me give you a cause of action. We have had to supplement �_
to the tune of $900,000... o
Mr. Fernandez: Right. Equity. Equity sir, because there is nothing in any
contract, and we have been looking at different potential causes of action, in
which we can travel into court and today we have not found it. That is...
Mayor Suarez: All right. Equity then, if that's what it takes.
Mr. Fernandez: There you go. I want to make sure that you all understand.
Mayor Suarez: Whatever theory is...
Vice Mayor Dawkins: No. All we want the Law Department to do, is find the
vehicle to do it.
Mayor Suarez: Thank you.
Vice Mayor Dawkins: You know, I mean, and we got 19 lawyers, sitting over
there, and just assign one of them to find the way to do this.
Mr. Fernandez: We have been doing it for the last three weeks, since we have
gotten the request.
Commissioner Plummer: Has there been...
Vice Mayor Dawkins: It took three weeks and you still haven't found it?
Mr. Fernandez: Oh yes. Equity. And perhaps some other.
Mayor Suarez: Let's get equity in court. All right?
Commissioner Plummer: Has anybody asked the Fire Department, Mr. Kaplan, who
represents them, why he doesn't want to give us the records.
Mr. Fernandez: Yes. Repeatedly, we have.
Mr. Odio: Yes, yes.
Commissioner Plummer: What is the reason given, that he doesn't want to turn
over the records?
Mr. Odio: They said that we, from what I have seen and heard, that we don't
have the right to look at the record?
Mr. Fernandez: Correct.
Commissioner Plummer: You see, he is saying, we don't have a right.
Mr. Odio: That's correct.
Mr. Fernandez: In fact, let me tell you, we are engaged right now in
arbitration, in which some of these records are crucial for the resolution of
the arbitration. The arbitrator in the case has given us a subpoena for us to
get those records from Mr. Kaplan and from the Trust. Even there, we are
experiencing difficulties.
Commissioner Plummer: Why don't you give a subpoena to Mr. Kaplan?
Mr. Odio: We did.
Mr. Fernandez: We did. We did, we served it and we are waiting, and we have
repeated phone calls.
Commissioner Alonso: And he has refused to provide the records.
Mayor Suarez: Did he get a protective order, did lie get any court order that
prevent it from being...?
Mr. Fernandez: Not yet. We are in the process, because in arbitration, even
though the arbitrator issues the subpoena, you still need to avail yourself of
192 April 12, 1990
a circuit court judge powers to get the subpoena, -.nd we are in the process of
doing that also.
Mayor Suarez: OK. So you have two tracks heading at the same information...
Mr. Fernandez: Correct.
Mayor Suarez:... both are being met with resistance, and this Commission wants
you to proceed vigorously to prevail in that, by whatever means it takes
including...
Vice Mayor Dawkins: Hey.
Mr. Fernandez: But you know Mr. Mayor, what is also clear in the record is
the fact that members of. the Union, members of that Trust, because actually
the Trust and the Union are one and the same, even though, under different =
legal entities, have made representation to you, as a Commission, and to us _
that they will make these available, in their good own word... —
Mayor Suarez: There is Lou, back there, ready to nod his head, that he wants
to make...
Vice Mayor Dawkins: But, we are still in America, we have a right to think we
are right, they have a right to think, they are right, the arbitrator is the
court. So, I mean, what's our problem? They say they are right and I believe
them, I mean, I applaud them for saying they are right. We say we are right,
now the arbitrator is the court who determines which one of us is right. So
go to court and let the judge, or whoever it is, tell us that they are right
and we are wrong, or we are wrong and they are right.
Mr. Fernandez: And we are in the process of doing that.
Mr. Odio: I just got the word that the arbitrator, at 4 o'clock today ruled
that we should proceed to court.
Vice Mayor Dawkins: An arbitrator didn't have to tell me that.
Mayor Suarez: He ruled that we should proceed to court. What does that mean?
Mr. Fernandez: To get the subpoena validated.
Mr. Odio: To get the subpoena validated. OK.
Mr. Fernandez: And that's very fine, that's a very positive step.
Mayor Suarez: All right. Let's do as the arbitrator ruled, and let's proceed
to court, whether he says so or not, and let's get the information. Do we
need a motion for that?
Commissioner Plummer: Kickassola, you want to say something?
Mr. Kickassola: No.
Commissioner Plummer: No.
Mayor Suarez: Do we need a motion on that, Mr. City Attorney, City Manager?
Mr. Fernandez: No. It's a...
Mayor Suarez: Pretty clear what we want to do.
Mr. Fernandez: Right. We are proceeding under the administration's request
that we pursue in legal, in court.
193 April 12, 1990
49. DISCUSSION CONCERNING SPEED RESTRICTION SIGNS IN FRONT OF ALLAPATTAH
ELEMENTARY SCHOOL - DIRECT POLICE OFFICERS TO WRITE TICKETS.
--------------------------------------------------------------------------------
Mayor Suarez: Item 37, Edison Feeder Pattern Crime and Vandalism Council. Is
that you, how many hats do you wear?
Ms. Lori Weldon: 1 lost count.
Vice Mayor Dawkins: Before she gets started, how do we go about changing the
sign at Allapattah to 7:00 a.m. They feed breakfast at Allapattah Elementary
School, and the sign says 8:30, but the kids start coming across the street at
7!00 in the morning, and the guys are driving through there, like they are on
9�.
Mayor Suarez: There was a court opinion that limited the amount to what, an
hour?
Mr. Odio: Let me check into it, Commissioner, If we can...
Vice Mayor Dawkins: And as soon as you put the sign up, put me some
motorcycle policemen in there to write some tickets, so they will know I'm not
playing, when they drive through there.
Mr. Odio: Is this Allapattah Elementary?
Vice Mayor Dawkins: Allapattah Elementary. I'm sorry
50
Go ahead. Thank you.
---------------------
DIRECT MANAGER TO DETERMINE AND REPORT ON THE COST OF INCREASING PRESENT
NUMBER OF SCHOOL CROSSING GUARDS - FURTHER, TO TRY TO IDENTIFY MONIES IN
ORDER TO IMMEDIATELY ASSIGN SEVEN ADDITIONAL GUARDS.
Ms. Lori Weldon: Mr. Mayor, Commissioners, City Manager, my name is Lori
Weldon, 160 NW 44th Street. I am Chairperson at the Edison Feeder Pattern
Crime and Vandalism Council. In the group, we have ten principals consisting
of, I'm going to give you the elementary schools, because this is what is
affected. Edison Park, Horace Mann, well Horace Mann is out of City limits
but, Miami Shores, Theena Crowder, I think those are the elementary schools.
At any rate, the City of Miami, has a resolution to have a cap of thirty
school crossing guards, for whatever reason. School crossing guards, are not
funded through City money, they are funded through traffic tickets from the
County, paid traffic tickets through the County. There is a Florida statute
which supports this, that these monies are allocated. So therefore, it's not
a matter of funding to get more crossing guards, but the fact that, there was
a resolution made to cap at thirty. The principals have insisted that we need
more than thirty crossing guards. One, for reason, if one calls in sick there
is another automatically to cover. Two, there are some intersection that are
quite busy and require more that one crossing guard. And three, there are
some schools with more than one intersection that needs to be covered, while
the kids are crossing the streets. And being that there is no City funding,
or revenue involved, just the matter that you have placed the cap at thirty, I
am requesting that you lift that can to at least sixty, so we can double the
number, or at least to leave it open ended until we can, so we can utilize the
funds needed. Secondly, at the present time, you are understaffed with the
thirty crossing guards anyway. You are at twenty some... I think...
Ms. Gwendolyn Boyd: We currently have twenty three, with seven vacancies.
Ms. Weldon: OK. So that, I am not asking for the money, the money is ...
Vice Mayor Dawkins: Major Boyd, you say, how many sites? - how many schools, -
Ms. Boyd: We have thirty, actually twenty nine and we will soon have thirty
schools.
1.94 April 12, 1990
Vice Mayor Dawkins: And how many schools is it? Homes El?ment.ary, ThePna
Crowder.
Ms. Boyd: Yes, we have Allapattah, Theena Crowder, Edison Park Homes, Orchard
Villa, Little River, Shadowlawn, Morningside, Oh gosh, Toussaint Overtour,
Buena Vista... —
Vice Mayor Dawkins: Olinda, Arvida, go ahead, just count them, how many we
got?
Ms. Boyd: OK. There are twenty nine.
Vice Mayor Dawkins: We got twenty nine schools...
Ms. Weldon: And twenty three crossing guards.
Vice Mayor Dawkins: And twenty nine crossing guards?
Ms. Boyd: Twenty three school. crossing guards.
Vice Mayor Dawkins: Twenty three.
Commissioner Alonso: So we have under. Let me ask this question, when you
say the money is not from the City, is that out fine and forfeitures, is that
part of our allocation of money?
Mr. Odio: Yes. We get $4.00 I believe, it amounts to $126,000 a year, right?
Ms. Boyd: One twenty six thousand three twenty one per year, for thirty
positions.
Commissioner Plummer: No. That's not my point.
Mayor Suarez: Would it otherwise go to the general...
Commissioner Plummer: Lori has made a statement that the funds are not City
funds to pay for this.
Mr. Odio: It comes from fires.
Commissioner Plummer: OK. But, the City has an allocation of fines and
forfeitures?
Mr. Odio: Right.
Commissioner Plummer: OK. Is that allocation for school crossing guards come
from our allocation or from the general allocation?
Mr. Odio: Ours.
Ms. Weldon: It comes from the general allocation.
Ms. Boyd: It comes from the $4.00 surcharge from traffic violations, from our
allocation.
Commissioner Plummer: Well, I think that's very important you know, because
I'm the one who has raised hell around here for years, about us paying for the
SRO's in schools when the School Board should be paying for it.
Mr. Odio: Well, what we are doing, let me, Lori, I don't know if you know
this. We are, Perry and I talked about going to the School Board, to begin
with, we establish some conversation that they need to help us out on this.
Because it is their responsibility to make sure...
Commissioner Plummer: We are paying over $300,000 for this SRO program, which
is solely a dedicated program to the schools.
Vice, Mayor Dawkins: You know, so, well I have a problem with sitting here
arguing about some dollars, and I got little kids crossing the streets...
Ms. Weldon: Unattended.
195 April 12, 1990
Vice Mayor Pawki.ns: ...lend one guard to get, and It's got to be three hundred =_
kids per school. You tell me., I got one guard at. a crossing to get three
hundred kids across the street safely. I got a serious problem with that.
Ms. Weldon: Commissioner, you don't even have one, because some schools don't
have any. Because as I said...
Commissioner Alonso: Definitely, because if we have twenty three and twenty
nine schools, definitely...
Commissioner Plummer: Your problem technically Commissioner, is even larger
than what Lori is talking about. You are only talking about here, about the
private, about the public schools. You've got an awful lot of private schools -_
in the City of Miami, who have the same children that are crossing the same
streets, so it's not just twenty nine schools, or thirty four, I bet you with
the private schools in this City, it's double that amount.
Vice Mayor Dawkins: Yes, but if you can pay for the private school, you ought
to pay for a guard.
Commissioner Plummer: I don't disagree with that.
Vice Mayor Dawkins: OK. No problem.
Commissioner Plummer: But if you pay fees in a public school, they ought to
have the fees for the guards.
Mr. Odio: Commissioner, we'll go ahead and fill the seven vacancies.
Vice Mayor Dawkins: Well, I have no problems, I don't get nothing from the
School Board from my taxes, so I have no problem in saying, that the School
Board ought to pick up the tabs. But right now, I want the guards out there
and then we worry about who is going to pay for them. Because I'd hate to
lose, have some kid hit by an automobile, and become a handicap for the rest
of his life because a guard was not out there to stop some guy from speeding.
Go ahead, I'm sorry.
Commissioner Plummer: Yes. You and I are going to go to war over that. You
got them not doing what we told you to do. You got them doing everything but
what we told you.
Ms. Boyd: OK. Commissioner, Also, I would like to let you know that these
particular schools were selective, based on the amount of traffic congestion
and due to the fact that these were the most dangerous areas. And that's why
these particular schools were selected. The program initially started out
with only fifteen school crossing guards...
Vice Mayor Dawkins: And we paid for that.
Ms. Boyd: And we have increased it to thirty.
Vice Mayor Dawkins: OK. The County gets the same amount of money we get, or
they get more money t:ian we do?
Ms. Boyd: They get more, as far a the exact amount, I don't know.
Vice Mayor Dawkins: Because at Olinda, not Olinda, what's that on 22nd and
54th?
Commissioner Plummer: That's out of the City.
Vice Mayor Dawkins: Well, I know it, but they got three guards. They got one
on 22nd, and two, they got three guards. They got two on 54th Street, one on
each side of 54th Street, at the light, and they got one on 22nd and 63rd.
Commissioner Plummer: Maybe we ought to go ask Paul Bell, where that
$960,000,000 is going.
Ms. Weldon: Well, Commission, in reading the _ _ , school
crossing guard weren't in there. I understand w}iat you saying as far as
responsibility of tab. My concern is the kids...
196 April 12, 1990
11
2
Commissioner. Plummer.: No question.
Ms. Weldon: And I agree with Commissioner Dawkins that if it is a matter of
the cap, please lift it now and we will look into getting the funding, but
right now we have principals that are terrified that their kids are getting
hit in fact, Edison Park has had three children hit this year.
Vice Mayor Dawkins: I'm not worried about the principal. The principal may
not even live in the City. Can't vote for me, I'm worried about the parent,
out there, who can vote for me. Don't tell me nothing about the principal.
Commissioner Alonso: Now the situation is this. Could you name some of the
schools who really are desperate need and the children are in danger right
riow...
Ms. Weldon: Yes, I can.
Commissioner Alonso: ... We can do something about that and the City Manager,
or even this Commission can go in front of the School Board and resolve the
problem. In the meantime, let's try to save lives of these kids who are in
danger, appointing to the schools who are really in need right now. I don't
want that tomorrow or today we have an accident, we are responsible for that,
so let's take action and try to resolve the ones that you say that are in
serious danger.
Ms. Weldon: I can, OK, I can tell you the schools that are in need, but still
that will be a band aid approach. You have a resolution that states that you
have a cap of thirty. Even if the School Board were to say, all right, we
will pick up some of the tab, which I don't think they are going to, it's
within inside the City limits, it is under City restriction, the cap needs to
be lifted. The schools that are in need are Edison Park, Theena Crowder,
Horace Mann is out of the City, Shadowlawn has one, but Second Avenue can get
busy at times. There were elementary schools, Le Toussaint Overtour, and,
Allapattah is not within the Edison Feeder Pattern, but I know that they too,
need extra crossing guards.
Vice Mayor Dawkins: But they got children, don't tell me about the Feeder
Pattern. They got children. Well, don't, don't lock me into no Feeder, I'm
interested in the children in the City of Miami. Don't tell me nothing about
a Feeder Pattern.
Ms. Weldon: Yes. True, true... No, OK. All right...
Commissioner Alonso: You say five, six? Of course. And actually,
Allapattah, I have always heard. Yes, and Allapattah in serious problem.
Ms. Weldon: ... At large, OK. At large, I would say that, you know, at
large, I can't state which other area is needed. I do know it's a concern
within the City that there are more crossing guards. OK?
Vice Mayor Dawkins: Now, now you got me.
Ms. Weldon: And as far as which school needs it more, as far as I am
concerned, all of them need them, because I don't think a four or five year
old knows how to cross the street. Whether there be traffic or none, you
know, whether there be heavy traffic or light traffic, the point is, the kids
need an escort to cross the street.
Vice Mayor Dawkins: All right, I make a motion Mr. Mayor, that we direct the
Manager to determine what the cost is, because if we start talking in terms of
lifting the cap and we do not have the money for the lifting of the cap, we
have lied to her. So, I would hope that the Manager would come back with a
cost factor, so we could know that we have the money with which to lift the
cap, and if we do not have the money to lift the cap, then we would know other
avenue to take to do this.
Ms. Weldon: OR. Well, Commissioner, if the money is available and the cap is
still there, that does nothing.
Vice Mayor Dawkins: Ma'am...
197 April 12, 1990
I
Ms. Weldon: If the cap, if the money is available, to put the crossing guards
into pi.ace, and the cap is still there, the money sits.
Commissioner Alonso If the School Board is going to pay, we will lift the cap
to sixty.
Mayor Suarez: Just don't want to give him...
Ms. Weldon: I'm not asking, no, no, no. There is a Florida Statute that
designates money for school crossing guards from paid traffic tickets. That
is designated, OK. Every, we all know that traffic tickets are given out on a
daily basis, I don't think there is any police department that does not give
out traffic tickets on a daily basis. That is continuous income. And I'm not
asking for a...
Vice Mayor Dawkins: Let me cut you off. All you are telling me is the same
thing I'm telling them, OK. Find out how much money we take in, and if you
have been siphoning off for something else, put it back in there for school
crossing guard, that's all we are saying.
Ms. Weldon. OK, OK.
Mayor Suarez: And of course the resolution limited us...
Vice Mayor Dawkins: If you capped it off in order to do something else with,
uncap it. Is that what you are saying?
Ms. Weldon: Yes.
Commissioner Alonso: And Commissioner Dawkins, perhaps we can instruct the
City Manager, if the money is available now, and there some schools that we
can identify that are in serious problems, he could take an action, perhaps...
Vice Mayor Dawkins: Yes Ma'am. I would second your motion, but all I'd like
to say to them is that I got a serious problem, with them now having a
shortage of three guards, I want to know, you know, what their recruitment
program is, or what their training program is, or why are we short three
people.
Commissioner Alonso: Yes.
Mr. Odic: No. We are short seven and it's my fault because I put a freeze on
hiring. I just told them to go ahead and hire the seven. And then after the
first meeting in May, I will give a full report on what we can do, and where
the funding source is from and everything.
Vice Mayor Dawkins: I want a full report on what the total amount of money is
available...
Mr. Odio: OK.
Vice Mayor Dawkins: ... and what each guard cost per year.
Mr. Odic: Right. We will do that and we are also going to keep pursuing the
meetings with the School Board.
Vice Mayor Dawkins: Now, Major Boyd or Jill, you do have seven people to put
to work Monday morning when schools open?
Ms. Boyd: Sir. The schools that Lori mentioned...
Vice Mayor Dawkins: Ma'am...
Ms. Boyd: The schools that Lori mentioned that did not have a school crossing
guard, we do have school crossing guards assigned to those schools, plus we
have thirty seven people in the background process, so we could immediately
expedite their process and get them hired within a couple of weeks.
Vice Mayor Dawkins: I'll ask my question again.
put to work Monday morning?
Do you have seven people to
198 April 12, 1990
Ms. Boyd: We need to proceed with the background processing, but we can have
that done within two 4;P_P.ks or 1Pss.
Vice Mayor Dawkins: All right. That OK.
Commissioner Plummer: How much background do you have to do on a security
school guard?
Ms. Boyd: First, we have to send them through the medical exams, and conduct
criminal background checks, make sure they were never arrested for child
molestation.
Vice Mayor Dawkins: While you doing that, get me a roster of twenty five
people, so I do not have to worry when I need three or four more guards, of
going through a background check, to tell you to put them to work in the
morning.
Mr. Odio: We will assign PSA's in the meantime while we are getting the seven
on board to do the crossing of the guards, or whatever.
Vice Mayor Dawkins: Thank you, Mr. Manager.
Mayor Suarez: OK. We have that in the form of a motion, and a second?
Commissioner Alonso: Yes, second.
Mayor Suarez: One clarification, Mr. Manager. I thought I heard you say
something about a hiring freeze?
Mr. Odio: I have been avoiding hiring people. And yes, I have.
Mayor Suarez: Your hiring freeze, it affects what departments and what
levels?
Mr. Odio: I have affected every department except for police officers, and I
release also a classified firefighters. Everybody else have been frozen.
With except...
Mayor Suarez: Since when has that hiring freeze been in effect?
Mr. Odio: I started that officially, in January.
Vice Mayor Dawkins: Well, that was a selective.
Mr. Odio: Yes. It was a selective freeze. Correct.
Mayor Suarez: There's been a hiring freeze in effect in 1990?
Mr. Odio: A selective hiring freeze in 1990, yes.
Mayor Suarez: A selective hiring freeze, and it applies to which departments?
Mr. Odio: It applies to every department in the City of Miami.
Mayor Suarez: OK. And you mean the same thing I mean by hiring freeze,
nobody gets hired?
Mr. Odio: Yes. If they can just, the only way they could dire someone, is
that they would have to bring justification to me in writing, that the person
needed was an emergency, and if they were justified, I would release, if not,
we would not hire, and it has worked fairly well.
Mayor Suarez: You are going to advise this Commission any time you impose a
hiring freeze, and any time you remove a hiring freeze?
Mr. Odio: Yes, sir. I did... Yes sir. If you want to be advised, I'll be
glad to.
Mayor Suarez: Call the roll on that motion.
199 April 12, 1990
The following motion was introduced by Vice Mayor Dawkins, who moved its
adoption:
MOTION NO. 90-304
A MOTION DIRECTING THE CITY MANAGER TO DETERMINE
AND
REPORT BACK TO THE COMMISSION ON AVAILABLE
FUNDS
FOR
THE HIRING OF SCHOOL CROSSING GUARDS AND
AS TO
THE
COST OF LIFTING THE PRESENTLY INSTITUTED CAP
AS TO
THE
TOTAL NUMBER OF SCHOOL CROSSING GUARDS IN
ORDER
TO
INCREASE SAID NUMBER; FURTHER. DIRECTING
THE CITY
MANAGER TO TRY TO IDENTIFY MONIES IN
ORDER
TO
IMMEDIATELY HIRE SEVEN ADDITIONAL GUARDS.
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.
Ms. Weldon: OK. I have one more...
Commissioner Alonso: Lori has something...
Ms. Weldon: Yes. One more question. OK. That was to, for the seven, that
is still up to thirty. Am I to understand that when it is clarified as to
funding arrangements, then the cap of thirty can then flexed, and more can be
hired?
Commissioner Plummer: That's what tie said, when he comes back and tells us
that.
Ms. Boyd: OK. In the meantime, the schools will be covered by PSA's?
Mayor Suarez: That's what he said.
Commissioner Plummer: The seven.
Mr. Odio: Yes. Seven, yes.
Ms. Weldon: Seven.
Vice Mayor Dawkins: Seven schools will be covered by PSA. Not all of the
schools.
Commissioner Plummer: Let me ask a dumb question. Why don't we go to a
private company to provide that? It sure seems like to me, it would be a hell
of a lot cheaper.
Vice Mayor Dawkins: Because you pay the lowest, the minimum, and they are
part time employees, and they are only out there during the time the kids go
to school or come home.
Commissioner Plummer: But I'm still saying, if we investigated it, if we used
a private company, would it not be cheaper?
Mr. Odio: If you want me to look into that, I will.
Commissioner Plummer: Well, I think we should have a comparison.
Mr. Odio: I will look into it.
Ms. Weldon: OK. But, Commission, on the privatization of that, you must ask
what sort of background checks are they going to do.
200 April 12, 1990
Commissioner Plummer: Of. course. Of course.
Ms. Weldon: And to make sure it's just as in depth as what the Police
Department would do.
Commissioner Plummer: I don't think there is any question about that.
Commissioner Alonso: How much do they get paid?
Ms. Weldon: From what I understand, about five an hour, from what I've been,
you know, it's not a whole lot.
Mr. Joseph Longueira:: Eleven thousand dollars a year.
Vice Mayor Dawkins: OK.
Commissioner Alonso: For how many hours?
Vice Mayor Dawkins: Six hours a day.
Mr. Longueira: Thirty hours a week.
Commissioner Plummer: That's more than $1,000 per month. Because they are
only there nine months out of the year.
Vice Mayor Dawkins: No, no.
Ms. Weldon: No. There is summer school.
Vice Mayor Dawkins: They are there year round.
Commissioner Plummer: They are there year round?
Vice Mayor Dawkins: Yes. But I have a problem with that J.L. in that most of
these are quote unquote, welfare mothers, for the lack of a better word, and
this little income that get as school guards supplement them and I wouldn't
vote to privatize it, to take this work away from those individuals. That
would just be one vote.
Commissioner Plummer: I just thought it was worth looking into, if you are
trying to save money, that's all, as a comparison.
Vice Mayor Dawkins: Yes. But, we save money some place and we throw money
away other places.
Commissioner Plummer: Well, if what Lori says is true, it shouldn't be that
much of a problem, that the money is not City money to begin with, then you
know. See what the fund is there.
Vice Mayor Dawkins: But, like you say everyday, but like you every time we
are here. Money is money.
Commissioner Plummer: I agree.
Vice Mayor Dawkins: Don't care where it comes from J.L.
Mayor Suarez: OK.
Vice Mayor Dawkins: Thank you, Lori.
Ms. Weldon: Thank you.
Mayor Suarez: Call the roll on that Madam City Clerk.
201 April 12, 1990
0
a
51. DIRECT MANAGER TO INFORM THE COMMISSION AS TO ALI, POSSIBLE 'RAMIFICATIONS
(e.g. LEGAL, FINANCIAL, OR ECONOMIC) WHICH WOULD DERIVE FROM ENTERING
INTO PROFESSIONAL SERVICE CONTRACTS FOR THE POSITIONS OF CITY MANAGER,
CHIEF OF POLICE AND CHIEF OF THE FIRE DEPARTMENT.
---------------------------------------------------------------------------------
Mayor Suarez: Item 38.
Ms. Lori Weldon: That's me too.
Mayor Suarez: That's convenient, you schedule one right after the other.
Ms. Weldon: OK, where are the petitions? Hold on one second, I have to get
some...
Rev. Starks: Mr. Mayor, City Commission...
Mayor Suarez: Reverend.
Rev. Starks: As you know, a few weeks ago, this Commission had a vote of
confidence concerning our Police Chief, Perry Anderson. At that time, I
stated that a vote of confidence was well. and good. But, in order for the man
to continue to do the job that you had given him a vote of confidence on, he
needs the peace of mind to do his work and as a representative concerned black
citizens of Miami, we would like to see this Commission, in some form, give
the Chief some type of job security that tie can go about his job in the way
that he's professionally been trained to do. He has requested a contract
because of the past record of the past two Chiefs and the City of Miami and
the standard of Police Chief that was before him, and I think it's only fair
that he receive that type of job security.
Mayor Suarez: Thank you.
Ms. Weldon: As Reverend Starks said, last week it was a unanimous vote of
confidence and we all appreciate your vote of confidence with the Chief.
However, that unanimous vote of confidence only last while those of you that
are sitting here are still in office. Now, in order for the community to have
peace of mind that we won't lose another Chief overnight, we would like for
t:ie Commission to now turn that vote of confidence into something tangible
that the community can relate to in a vote of job security for three years
that the Chief has asked. We are not here to go over numbers or any
amenities, but to know that when we wake up in 1993, that we will have Perry
Anderson as Chief of Police as the City of Miami. We would not like to lose
him in June and we know that the issue has been bounced around, the media has
gotten a hold of it, where rumors does not secure the minds of individuals.
The papers I've just given you are over a thousand signature of registered
voters, City of Miami residents, that feel the same way and would like to know
that you will do whatever you can, Mr. Manager and Commissioners, to give us
peace of mind and our Police Chief that he will be here three years from now.
Mayor Suarez: OK. Let me introduce into the record, all the petitions. if
you have the originals, the originals, if not, these copies, and also a
statement...
Ms. Weldon: Yes, I have... you want the originals?
Mayor Suarez: It might make more sense....
Ms. Weldon: OK.
Mayor Suarez: ...and also have a statement from Mr. Don Lewis from the
northeast who was not able to remain here for this particular item to the
effect that he and some other organizations in the northeast support the
contract for Chief Anderson as it reads.
Ms. Weldon: And so was Mr. Turner, who was unable to...
Mayor Suarez: OK. There's Don Lewis, he hasn't gone away. In the bouncing
around that you refer to of this issue, Mr. Manager, where has the ball ended
up bouncing to?
202
0
April 12, 1990
Mr. Odio: Well, I don't know what bouncing about you are saying, I have
expressed to the Chief that as long as I'm City Manager and that he keeps
doing the work that he's doing, that he has nothing to worry about. And I am
the one that appointed him and I'm delighted that he's the Chief. I think
he's doing a great job and but that's as far as I could go except for —
severance pay which he would be entitled to if he was removed without cause.
And the severance pay is limited in the amount of - is set by the policy
manual the Commission approved. So that in order for this to be changed, it _
would have to come back to the City Commission. As far as the contractual --
arrangement, in guaranteeing tenure, conversations with the Law Department and
I rather him express himself what the legalities of this is. And then we can
go from there.
Mayor Suarez: Mr. City Attorney, anything else you need to add to that?
Mr. Jorge Fernandez: No, other than...
Mayor Suarez: Or detract from it?
Mr. Fernandez: Other than it is solely within the purview of this Commission
to consider and give Mr. Anderson, Chief Anderson, the kind of contract that
has been referred to. In consultation with the City Manager, I have advised
him that he could give him a contract for the shortest of the two periods, one
through the fiscal year, this fiscal year, which is all the monies that he has
appropriated and that he can work with or his tenure in office, whichever is
the shortest of the two. Anything in excess of that, any type of contract for
a number of years in excess of the actual fiscal year in which we are,
requires City Commission approval. Those, you do hundreds of those every time
you meet, and that is the reason why I have opined that way. So, it is
certainly within the purview of this Commission to consider and award Mr.
Anderson a contract for a term longer than September 31, 1990.
Mayor Suarez: OK, and Mr. Manager, what is your recommendation?
Mr. Odio: Well, the concern that I have and still have, is that I can bind
myself but can you bind future City Managers, as the Charter calls for the
Chief of Police only works for the Manager. And that's something that I am
still not clear in my mind. How can I or you, as a body, bind the City
Manager of the future to this? And that's something...
Mr. Fernandez: It is really, then, as I've explained before, it is not a
binding. Assuming for a moment, let's draw scenario so that we can make it
picture clear and we understand where we're talking about that the Chief of
Police were to be given a contract for three years and that your present City
Manager retires within a year. What happens then to the new City Manager that
comes in? It is his absolute prerogative to appoint and have as Chief of
Police whomever the City Manager, and him alone, decides to have a Chief of
Police. If the new City Manager, in this new scenario that we have talked
about, does not like pink guayaberas or does not...
Mayor Suarez: That's an interesting hypothetical.
Mr. Fernandez: Well, I am being...
Commissioner Plummer: Especially the pink.
Commissioner De Yurre: If I understand...
Mr. Fernandez: The facetiousness... let me finish, please, Mr. Commissioner,
the facetiousness of it is for you to understand the point, that, in essence,
what occurs is that Mr. Anderson walks at the request of the City Manager, but
with that contract being cashed in so long as he's not let go for cause.
Commissioner De Yurre: Then, what you're telling me is that Chief Anderson is
going about this the wrong way. What he should be doing is securing a
contract for Cesar Odio.
Ms. Weldon: Well, I was going to suggest that we add the name to the contract,
if that's what it takes.
Commissioner De Yurre: Well?
203 April 12, 1990
Mayor Suarez: OK, anything from the Commission or from the Manager or from -
I don't know that it's necessarily proper to hear from Chief Anderson's
attorney, but if you want to make a statement and...
Mr. Odio: Again, I offered the Chief that I would give him a letter, if
that's binding enough, that I would keep him as my Chief of Police as long as
I'm the Manager, with the benefits that he now has and subject to an —
evaluations and his salary increases, provided we have salary increases, which _
we won't next year, so that's what I was willing, and still willing to do.
Mayor Suarez: You also referred to severance pay or...
Mr. Odio: Right.
Mayor Suarez: ...what other times is referred to as a "golden parachute."
Where are we on that? Did we take that to a vote before? —
Mr. Odio: No, no, remember it was the day of the Lozano trial, I was not here
and it was deferred and since then, I have had many, many conversations with
Perry and his attorney and I believe that that was not satisfactory to the _=
attorney. I'm concerned and he should be because, if he's fired without
cause, I felt that after so many years of service that he should be entitled
to a severance pay package. If he...
Mavor Suarez: Which is? What severance pay package were you suggesting?
Commissioner De Yurre: Well, isn't there one - there's one that we have to
follow.
Mayor Suarez: Oh, the existing one, is applicable to...
Commissioner Plummer: There's a APM on that.
Mr. Odio: Oh, he's entitled to that because you approved that.
Mayor Suarez: But not at a... a special one.
Mr. Odio: I was going beyond that. No, not the special one. That one was =-
never approved.
Commissioner Plummer: Well, tell us what is the A11M presently state for
=E severance pay? -_
Mr. Odio: Let me...
Mr. Dean Mielke: With regard to the severance policy, maximum payoff on that
would be 100 work days or approximately five months.
_ Mayor Suarez: What was the one that was proposed? It was withdrawn? I
thought I could have sworn I voted on it.
Mr. Odio: That one was never voted on, it was deferred, I believe, for future _—
consideration and I did not bring it back because we just couldn't agree that
that's what he wanted.
Commissioner Alonso: You mean the one in December?
Mr. Odio: Yes.
Commissioner Alonso: The one we discussed in December.
Mr. Odio: Yes. It was adding another twenty days to the pay....
Commissioner Plummer: Which basically makes it six months?
Mr. Odio: Six months. rr
Commissioner Plummer: Now, is that what you're proposing or what's presently
there?
Mr. Odio: No, that's what we're proposing in December.
204 April 12, 1990
Commissioner Plummer: OK, whether it's the hundred and twenty days or the
hundred days, severance pay is only if he is terminated without cause?
Mr. Odio: That is the way I feel, yes.
Commissioner Plummer: OK. Cause could, in fact, say you don't get anything.
OK.
Mr. Odio: Oh, sure, or he decides to retire. You know, that's his decision.
Commissioner Plummer: Severance pay, what you're proposing it, would only
come into play if he was separated or terminated without cause.
Mr. Odio: Without cause.
Commissioner Plummer. Now, let me ask another question. Does that apply to
all department heads?
Mr. Odio: At the time I brought in for the first time, it applied... well,
the present one, yes, it does.
Commissioner Plummer: The present APM of a hundred days, does that apply to
all department heads?
Mr. Odio: Yes.
Commissioner Plummer: Sub department heads?
Mr. Mielke: Assistant directors, directors, ACMs.
Mr. Odio: And that's all.
Mr. Mielke: J.L. , it might be helpful if you just read that one paragraph
that says, in essence, if the reason for being asked to leave are unrelated to
misfeasance, nonfeasance, malfeasance, voluntary resignation or retirement.
So...
Commissioner Plummer: What about insubordination? Is that considered
malfeasance?
UNIDENTIFIED SPEAKER: A question of fact...
Commissioner Plummer: Well, I'm asking.
Mr. Mielke: I think, as it says, there's a question in fact and I think
that... and I don't intent to interpret the Charter, but the Charter is clear,
you'd have to give the man a hearing.
Commissioner Plummer: OK, I'm just. asking.
Mayor Suarez: Anyone? Anything further, anyone? Counselor, do you want to
make a...
Jerome Wolfson, Esq.: The Chief is not asking for a severance package. The
Chief is asking for an employment contract. He wants to work, he wants to
serve the City. He wants to do his job and nobody can say it more concisely
than the Chief as to why he wants to work and why he wants his package, so...
Mayor Suarez: Why don't you put your name in the record, counselor, please.
Mr. Wolfson: Jerome Wolfson and I represent Perry Anderson, Chief of Police.
And I would ask that... Mr. Mayor, you asked if I had something to say. I
don't think I could say it as well as the Chief can, to be honest with you.
May I turn the microphone over to the Chief?
Mayor Suarez: Surely.
Chief Perry Anderson: I think that since this - we started moving in this
direction of looking at some kind of contractual arrangement or some type of
an agreement, it has been confused, I've seen figures in the paper of monies
that will probably result. if I was fired, happen to be fired without cause.
205 April 12, 1990
T'm not here because I want to be f..ired and I'm not. hero because T want to _-
draw severance pay. That's not the issue here. The issue is that we have had
a number of occurrences throughout the last. six years which indicate that a
chief executive, as the Miami Police Chief, would have some reason to concern
himself or herself with tenured employment having to make daily decisions that _
are sometimes very crucial, in more cases than not, life threatening, and
dealing with issues of life, limb, and property. I constantly hear, which
makes me very concerned, that the issue that's always talked about, even
though when I'm referred to, is said that it will not occur, but the issue _
that's always referred to is one that you're going to receive something as pay -_
or severance almost to indicate a firing in mind. And I'm not looking for
that. What I want to do is that I thought that this City, once it had found =_
the kind of leadership that maybe it is desirous of, and this Commission would
want to get off of this merry-go-round that we have been on for years. I also
thought that for any planning process to take place is that that process must
occur over a period of time. It is widely recognized that, in any planning, _
that a five year period of time is proper for that to occur. The City, I
thought, would want to send a message to this community. I've heard about _
assistant directors and directors and, believe me, I appreciate the work of my _—
colleagues and I see them to be hard working professionals and I honor them
everyday with that work. But, at the same time, for us to not recognize the
difficult position of a Chief of Police, the difficult decisions to be made by
a Chief of Police, that would somewhat differ from those of other directors.
That would indicate the kind of direction that I have referred to —_
continuously. I have not seen the difficulty myself and I'm, of course,
looking at internally, that if there is no agenda to fire or if there is no
agenda of sort to shorten that five year period of time, then I have not been
able to understand, from my point of view, why the Commission would not want
to grant the three ,years. It is puzzling to me. I cannot foresee myself
wanting to stay around here if there was some kind of behavior demonstrated that you should not have me as the Chief of Police. All of the issues that I
have heard, in my mind, does not justify the need not to give a contract or an =
employment agreement. I constantly refer to the Mayor. When the Mayor first
started, he had a two year tenure. The P:ayor currently has a four year tenure
and I think the whole platform around the Mayor having a four year term was
_ for a planning process to take place so that there would not be a continuous -_
change and I think the City indicated to the Mayor that this is what they _
needed. I think that the City has indicated to this Commission and I'm not
talking about all over, everybody entirely, the Chief of Police cannot win a
total popularity contest. It's impossible. But if you look at the kind of :-
work that we have provided, my people have provided, the kinds of services
a that they have provided, we have come through a very difficult period of time.
One where we went through a period of very serious issues dealing with -
- corruption. We are still going through some minority issues related to
hiring. We're still going through some issues related to training. We're
still going through some issues that are relating to criminal and crime -
issues. So, I don't want this Commission or the public to be confused. I'm
- not looking for an Easter basket. I'm not looking for a bundle of money. My
arrangements and my talks with the Manager and representatives from the City
Attorney's office, have not dealt with issues, strong issues, dealing with
monetary kinds of monies. I have not done that, so that's where I am and I -_
thought that the City would want to do that and would want to get off of this _
merry-go-round that constantly plagues this City and sends the wrong message,
I think, to the public and the rest of the world.
(Applause)
Mayor Suarez: Thank you, Chief. Don.
Mr. Don Lewis: My name is Don Lewis, I live at 835 N.E. 74th Street.
Commissioners, you've heard the previous citizens here this morning speak - or
this afternoon - speak that they were representing the black entities. I
assure you that Commissioner Anderson does not - or, excuse me, Chief
Anderson - does not represent just the black entities in the City, He
represents all of the people. In the northeast, I have spoken to six
presidents of various civic associations, of which most of them were here this
afternoon at 3:00 o'clock. They had to leave for one reason or another.
Since Chief Anderson accepted his appointment as Chief, we have seen continued
support from the Police Department in the northeast that we have never
received before. We have had elimination of prostitution down to levels that
are tolerable, not totally acceptable, but tolerable. We've seen drug busts,
elimination of crack houses. We have seen the street narcotics task force
206
April 12, 1990
come over to our areas at least on a monthly basis, sometimes twice a month,
sometimes, even weekly. They've made regular sweeps on the Boulevard which
have certainly had a tremendous impact in the northeast, an area that you have
even appointed me to redevelop through the Northeast. Task Force. In addition
to that, we have seen the creation of a special hotel task force which has had
amazing results. They've already closed two hotels in the northeast for
prostitution and drug busts. He has been very successful in this short period
of time since he has been appointed as our Chief in doing this. The man
cannot work continuously to formulate a goal or a plan without some type of
job security. You cannot sit here, as Commissioners, and act without some
type of job security. We were very much in favor of you, Mayor, going for a
four year period because we know the work and the goal plans that you will
accomplish during that time as the fellow Commissioners that sit beside you.
But if this man has to work on a daily job basis, not knowing whether the next
day he will have a job if he comes to work or not, that is not fair. You
cannot work under that type of pressure and duress, no one can. He has begun
what I would consider a five year plan of which he is into, I guess this is
the second year of. He needs at least another three years to accomplish, I
think, what are major goals in the northeast. And to help us to reduce the
crime, the prostitution, and the drug problems that we have continually seen
over in that area. And to help us to revitalize the northeast, which we now
have labeled, the upper east side. It's time that we follow some type of plan
of action and allow him an opportunity to serve the citizens of this community
in an apropros manner and without this three-year tenure and at .least some
type of job security, under a contract from this Commission, we do not feel
that he can successfully complete these goals. And we wholeheartedly endorse
this three-year contract. Thank you.
Mayor Suarez: Thank you.
(Applause)
Mayor Suarez: Please.
Ms. Weldon: Commissioners, I don't want this issue clouded with dollar signs.
What this community is looking for is stability and leadership in our Police
Department. We have gone through trying times in this community. We are
still at odds when it comes to some communities working well together. We are
still in tense situations in some minority aspects. We need stability and
leadership in the most important department within the City, the one that
protects us. We need to know that after one mishap or another, we will not go
through a rebuilding process with another Chief. We need to know that we will
have one that will be there to take us through the projects he's started.
This community... well, as you say, the black community also knows that with
the tense situations that may happen in upcoming - because of the Lozano issue
and any other issues that may arise, we need to know that we have someone
that's going to look out for our interests, to make sure that mini -station in
Overtown is maintained, to make sure that our areas are protected in getting
the stings that we so badly need. It's not a matter of dollar signs as I see
it, it's a matter of stability. Let me reiterate that, yes, no one can work
under the pressure of not knowing who will be upset with them the next day and
form a little clique and oust them. An individual needs to know that his
decisions can withstand personal disagreements and that they can work towards
building the department up over a long period term and not try to hurry things
along, because they don't know what tomorrow brings. As I said, let's not
cloud this with the dollar signs and tell this community that it cannot be
done because of dollar signs. We are asking for stability and leadership.
Mayor Suarez: Thank you, Ms. Weldon. Reverend.
Reverend Richard P. Dunn: Mr. Mayor, and Commission, I just want to state on
behalf of... my name is Richard P. Dunn, 5800 N.W. 2nd Avenue. I represent
the Miami Christian Improvement Association, president Reverend Victor T.
Curry. We just wanted to state that we do, in fact, support Chief Perry
Anderson and we do hope that this Commission will do the right thing. It is
not about Chief Anderson only, it is the principle in which it involves or
entails and that is the contract which will - agreement which will give
flexibility to a job performance that would be excellent in our sight of this
community and also it would lend itself to more stability than what we have
had in the past. I understand that there are no legal problems at this
present moment and I would just urge that this Commission would do the right
thing. Thank you.
207
April 12, 1990
Mayor Suarez: Sam.
Officer Sam Harlee: If I could have an opportunity to address you on behalf
of the Miami Community Police Benevolent Association. Under Chief Anderson's
administration, most officers at the street level in the Police Department,
have come to understand and know what is expected of them and the feedback =
that I'm getting from the minority community is that the incidence of abuse —_
have gone down in the community because we know there's been a clear message
sent that that will not be tolerated. I think that some of the concerns of -_
the minority officers in the Police Department is that a new Chief, especially
a non black Chief, will signal to some of the more radical elements within the
Police Department that this is a clear signal to them being sent by the City
Commission, that they can run amok in terms of abusing and openly
discriminating against black officers within the Police Department. There
have been, since this has been going on, little trickles of instability coming
out in the community. There have been one almost major incident in Liberty -
City, another minor incident in Overtown and a despicable incident that I
witnessed myself, that I won't go into. So, these types of things are
happening. There are people with hidden agendas that feel that if they can
tell you that the Chief is greedy and self centered and that he wants this and
he wants that and convince you all to oust him, and they can put somebody in
there who, to us, will have an evil persona and that he will come in and wipe =_
out all the vestiges of equality there, that when black officers and black
staff members are due for promotion that it will be denied them. And there
are people that want to see that. So, I would urge you, on behalf of all the
members of my organization, to get this thing over with. I have not heard an —
unreasonable thing mentioned here and I would support the Chief when he says,
if you don't- plan to fire him, the things that he's asking for, are not
unreasonable. So, what is the impediment? I think I see a lot of ego in
here, I see a lot of personal agenda in here and we can't afford that. Me, my
other colleague, my Hispanic colleague, Martin Garcia, had been called on in =_
the past years to do things and to involve ourselves in activities that
generally should be left to the Chief of Police and now that we've had that
stability in the Chief's office, it has not been required of me or Martin to
engage in those types of activities because we have a professional person that _F
can manage those. If you allow the situation to deteriorate back to the level
where everybody is fighting, everybody's jockeying for position, then you're =_
going to see the same thing that you saw shortly after the Lozano verdict,
Everybody is going to be running around like a chicken with his head cut off,
asking for unity, this, that, and the other and we already have it. I'd like
to summarize this by saying, one, the department is probably being run in its
=r most professional manner that it's been run in a long time at this juncture
_i and I would urge all of you who I consider my friends, even the Manager, to
get this matter over with, resolve it in a positive fashion and let's get on
with the business of putting people in jail. Thank you.
Manor Suarez: All right, Sam. Thank you.
(Applause)
Mayor Suarez: Please. Annette.
Ms. Annette Eisenberg: My name is Annette Eisenberg, 1180 N.E. 86th Street.
I've probably gone through more Chiefs of Police other than J.L. Plummer, than
most of you sitting here. And I had a lot to do with getting rid of a lot of
them. Mr. Gar...
Mayor Suarez: That's the person you've got to worry about right there, Chief,
you see.
Ms. Eisenberg: No, no, no, no. I am so proud to be a friend of Perry
Anderson and to have followed his career and I'm so proud to say that he's our
Police Chief and we go back a long time when he was riding the three-wheeler
in our neighborhood. I'm proud of Perry Anderson. I wouldn't do anything to
hurt his career, I would only encourage you to find a way of retaining him.
We don't need to go through any more disgraceful replacements and the Manager,
if you've got to give him a contract to keep Perry Anderson, it's OK with me.
Thank you.
(Applause)
208 April 12, 1990
Mayor Suarez.; OK, anything from the Commission?
Commissioner De Yurre: Yes, Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: I need to get something clear in my mind as to exactly
what it is we're looking for and I'd like the Chief to come up to the mike. I
hear the words, security. I hear the words, stability. Is it my
understanding that what you are seeking are these two things, stability and
security? -and not in an economic sense.
Chief Anderson: Stability is for the City. Security is peace of mind for me.
Commissioner De Yurre: OK. Dollars are not your concern.
Chief Anderson: Well, when you say dollars, I still, want to get paid.
Commissioner De Yurre: Well, what I'm looking...
(Laughter)
Commissioner De Yurre: That's fine.
Mayor Suarez: We're in this budget cutting process right now, you know, we
thought this would be a great opportunity to begin...
Commissioner De Yurre: The five percent cut?
Commissioner Alonso: Oh, my4
Commissioner De Yurre: Is it my understanding that the contract you're
seeking is one that will give you security as to knowing that for the next -
and the number that's thrown around here is three years...
Chief Anderson. Yes.
Commissioner De Yurre: ...that the City Manager wants you to stay for the
next three years, at least.
Chief Anderson: Yes, sir.
Commissioner De Yurre: OK. Are you content with the severance dollars that
we have as a policy in the City of Miami?
Chief Anderson: No.
Commissioner De Yurre: You're not. So then, it becomes a dollar thing.
Chief Anderson: No, it doesn't. It becomes... your interpretation makes it
that. I think that if there is a breach of agreement, then we start looking
at an agreement that starts to deal with money. I mean, that's obvious, when
you start talking about, if you enter into a relationship that would be of an
employment relationship, then you start to talk about dollars and cents. I'm
anticipating that the City's looking for stability. That's my anticipation.
I'm anticipating that the City has an awful lot of history that they can
recant and look at, that they can look at an awful lot of turbulence that's
very significant, that has created problems for the citizens of this great
City. My relationship in talking is that I mainly make a reference to the
City of Miami and I make reference to the citizens of the City of Miami. I
read a paper in U.S.A. Today that when I was at Michigan State this week doing
some speaking there, and they made reference to Miami as being a crime capital
second to Atlanta. Well, I had a chance to run that over in my mind and when
I began to interpret that, I thought about how the City was being short
changed. I thought about the tourism, how the City was being short changed in
tourism dollars. I thought about a number of criminal activities being
perpetrated upon the various citizens here. I thought about the image of the
City as it relates to the number of disturbances we have had here. I thought
about the Lozano trial and the ethnic divisiveness that we have had in this
City. So, when I speak of that, I speak in behalf of the people who live here
in Miami. I don't want anyone to get on a track that would paint an image to
the people who are here that I am a mercenary. I am not a mercenary. I am
209 April 12, 1990
not locking for a great wealth. I have been blessed to have worked for this
City and I have been blessed to be able to retire as a very, very young man
with a fairly decent pension. So, I do not speak in that manner. I do not
express myself in that manner and I will not do that or even try to belittle
this Commission in speaking in that way. But I think that we all read the
paper. That we all worry that when we go to Tallahassee how we're perceived.
And just to sit here, whether it's in the audience or whether it's before the
audience, or as I am, to close our eyes to what has happened in the past, sort
of demonstrates neglect. That's the only thing that I'm speaking to, that is
the only thing that I'm addressing and that is the only thing that I will
address. I love this City, I was born here 45 years ago. I am not
disenchanted with the makeup of the City. I love the makeup of the City. I
don't plan on moving out of Dade County. I want to die here. So, Mr.
Commissioner, when I address you is that I'm not going to talk about money
because if there is no deception, if there is no intent, then I will never,
ever collect a dime. So the issue is not that. I did not sit down and ask
the Manager that next year I want a five percent raise or the year after, I
want another raise based upon my performance. I have not asked for that. I
have not asked him for a day of increase in vacation time. I have not asked
him for that. I think I made one statement in there to make it legit, that I
think they give me a hundred dollars a month. What can you buy with a hundred
dollars a month more? So, it is not an issue of money. I am on your
political agenda. This City is on your political agenda. This contract,
whether you give it to me or give it to somebody else, will be on your
political agenda. It does not relate to me. So, I will be more than welcome
to answer some of your other questions.
Mayor Suarez: OK, anything further from the Commission?
Commissioner De Yurre: Hold it, I'm only getting started. What are you
talking about?
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: I've only asked one question.
Mayor Suarez: Any other questions from Commissioner De Yurre?
Commissioner De Yurre: Yes, yes, yes
Chief Anderson: Yes, sir.
Because I want to do what is right.
Commissioner De Yurre: And in order to be in a position to do what is right,
I have to understand the dynamics of what is going before us right now.
Chief Anderson: Yes, sir, I understand. Let me tell you part of the
dynamics, Mr. Commissioner, please, I just want to reserve and I want to say
this because I don't get a chance to say things like this often. If you
listen within that Police Department, you will hear all kinds of little lies.
Some of them are white lies. Some of them are black lies. Some of them are
brown lies. And some of them come from people who wear pink shirts, but not
me. You got to getall of those lies straight. Because internally, there is
an agenda too and until they're able to witness some kind of rest, they will.
continue to bombard this Commission with lies, falsehoods, and lies of greed.
And it's the last time I'll interfere, sir.
Commissioner De Yurre: Looking at it from the economic standpoint, which is
something that I have to understand. What is your present salary today?
Chief Anderson: Ninety-five thousand.
Commissioner De Yurre: If you were to be severed today, would you start
collecting your pension? How does that work?
Mr. Odio: I think he's entitled to full retirement to June. In June, right?
Commissioner De Yurre: OK, in June.
Chief Anderson: Well, I have enough vacation to retire now.
Mr. Odio: He has vacation accumulated that he would get, get carried to the
union.
210 April 12, 1990
Chief Anderson: Yes, officially, but, I mean...
Commissioner De Yurre: How much would he be collecting on that pension?
Chief Anderson: I have it. Yes, I just happen to be concerned about that.
Yes, it would end up being $56,000 a year.
Commissioner De Yurre: OK.
Commissioner Plummer: The figure given to me by the Pension Department was
sixty-two. I don't know where the disc...
Chief Anderson: They must have been looking at Duke's.
(Laughter)
Chief Anderson: Ha, ha.
Mayor Suarez: Wrong chief.
Commissioner De Yurre: Talk about somebody who should be getting a contract.
Let me say that...
Chief Anderson: With or without my services, that's the way you're going to
pay me.
Commissioner De Yurre: OK. When we're looking at the security aspect of the
situation, which is what you're looking for as far as, you know, peace of
mind, knowing that you're going to be there. And I'll ask this of the City
Attorney. If a contract is entered into, does that in any way preclude the
City Manager from going ahead and severing with Chief Anderson, his services
with the City of Miami?
Mr. Fernandez: No, it will not. Your City Manager is the absolute, for lack
of a better word, arbiter of who is the Chief of Police at any given time.
Commissioner. De Yurre: OK. So then, what we're saying is, that you're buying
a false sense of security.
Chief Anderson: No.
Commissioner De Yurre: Well, the way I'm looking at it, because if - even if
there's a contract entered into and the City Manager can fire, at his will,
then there really is no security.
Commissioner Alonso: We'll have to pay him.
Commissioner De Yurre: Well, then you're looking at...
Commissioner Plummer: So then it becomes economic again.
Commissioner De Yurre: Then you're not looking at a security issue. You're
looking at a punishment issue or trying to receive something because of one
broke a word.
Mr. Odic: Any contract can be terminated by anyone at any time, but there are
penalties to doing it.
Commissioner De Yurre: OK, but the penalty doesn't provide security.
Mr. Odio: No...
Commissioner De Yurre: Don't you have a contract right now with us?
Mr. Odio: Me?
Commissioner De Yurre: Yes.
Mr. Odio: No. I have a resolution that says that if 1 should leave, that the
contribution... that my full salary would be paid until January of this coming
year.
211 April 12, 1990
11
r7i
Commissioner. De Yurre: Wasn't it in a contract form?
Commissioner Plummer: No.
Mr. Odio: No.
Commissioner Alonso: Resolution.
Commissioner Plummer: No.
Commissioner De Yurre: No?
Mr. Odio: It's a resolution for it.
Commissioner De Yurre: OK. But it looked pretty much like a contract, it had
a whole bunch of things written in there.
Commissioner Plummer: Because at that time, we were told we could not have a
contract.
Mr. Odio: At that time, we were told I could not get a contract and... but
the resolution is binding.
Commissioner Plummer: For the record, I forget who the attorney was at the
time, but it was a so called letter of understanding.
Commissioner De Yurre: See, the point that I'm trying to get to, Chief, is
the following. The security that you seek, you will not get in a contract.
The security that you seek, you get from the people out there that believe in
you.
Chief Anderson: No, no.
Commissioner De Yurre: Well, let me finish. Hold it.
Chief Anderson: Those people are not going to fire me, the ones who are here.
Commissioner De Yurre: No, no, no.
Chief Anderson: Not unless I do something wrong.
Commissioner De Yurre: Listen to what I'm saying. It's the people out there
that we have to respond to. It is the people up here that he has to respond
to. The bottom line is, that it is again the people out there that provide
you the security.
Commissioner Plummer: That's not true.
Commissioner De Yurre: If you're doing your job, just like we've had people
testify and give testimonials here, there's no way that you're going to lose
your job because you're doing your job. And they're happy with the work
you're doing. No piece of paper is going to give you more security than that.
Chief Anderson: Well, Commissioner, with all due respect, I think you are a
legal practitioner and a legal professional and I think that most lawyers deal
in contractual language and I think that when we start to relate to contracts
and we start to relate to security and we start to relate to peace of mind,
that is endeavored in a piece of paper that basically states and outlines the
conditions of one's employment within the City, so Harms, who was fired at
2:47 a.m. in the morning... probably, I would state, that most of the citizens
probably loved the work that he was doing but the historic call at 2:47 a.m.
in the morning did not prohibit him from being fired. I think what we're
talking about here...
Commissioner De Yurre: It cost their job for the one that fired him and it
cost the seat to three that fired the one that fired him. And that was the
security that was out there.
Chief Anderson: No, no. Harms is not here though.
Commissioner De Yurre: He's not.
212 April 12, 1990
Chief Anderson: Harms is not here and what I'm saying is that you lost _
something and every time you lose a Chief, you lose something. Every time
there is an appointment, you lose something. Every time there is a crime
program and a Chief of Police, see, I'm in the position so what I'm telling
- you as a person who is experiencing this and as a person who is able to
articulate this, what is occurring. And I'm not telling you this from an
unintellectual point of view I'm relating this to you as it really is, as —
_ I'm able to relate it to you, as I live this job day by day and as I work this
_ job day by day. That is what I'm telling you. The person in this seat, if
you had the last four Chiefs to come before this Commission, I'm relating to `—`—
you experience. I'm relating to you my emotion. I'm relating to you the need _
for expertise. That's what I'm doing. Sea, that can only be answered. Would
you want a Chief responsible for any kind of security in this City, the entire -Y-
City, but you're not only concerned about the security of this City. We very — -
seldom mention this. I am invited to speak throughout this nation because of
the expertise that the City of Miami has allowed me to have and the
recognition that I have gained as a law enforcement professional. That's
where we are and that's what we should be thinking about in terms of relating
to some kind of an agreement. You see, can you afford to - you mentioned to
me that three people are no longer here. Well, can we afford to have that =
occur? Should that occur as a normal, routine kind of process that occurs
annually or every two years? Should we think about that? I think we
shouldn't think about that kind of a thing. You see, you're not risking
anything in me. I have proven to you, if you had given me an in basket that
dealt with every difficult kind of decision that had to be made as a Police
Chief and I have incurred the evils of the latest part of '89 and duration
before that, that anything could have occurred, and I must give credit to my
staff for assisting me, but if you had said, Chief, we're going to provide you
with some kind of an exercise to demonstrate your ability, I think that I have =_
passed and demonstrated my expertise. You see, one thing I can be credited
for and most people now understand, I'm not overly concerned about one group
of people. I'm not overly concerned about one segment of the community. I'm _-
- concerned about professional police service, that's all.
(Applause)
Mayor Suarez: Please. Anything further, Commissioners?
Commissioner Alonso: Yes, I have...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Yes, I have some questions. Chief, if, after June, next
June, you were to leave the - you were fired and leave, you would receive your
pension, fifty-six thousand plus how much more? I'm sure you have figured
this out.
Chief Anderson: I would receive all of the monies related to my vacation.
Commissioner Plummer: Accrued time.
Chief Anderson: Of which I have accrued time.
Commissioner Alonso: Yes.
Chief Anderson: I would receive, I think, pay for about 800 hours of sick
time. I think that's when I came in - they reduced it, one time it was full
payment - but I would receive that. That would probably equate to a sizeable
sum of money to include, and I want to bring this out to include a one percent
that I'm also entitled to. That's why the issue has never been for me, has
never been one of dollars.
Commissioner Plummer: But, for the record...
Chief Anderson: Yes.
Commissioner Plummer: ...that's only in your first year.
Chief Anderson: Yes, sir.
213 April 12, 1990
Commissioner Plummer: Only the first. year. After that, he would receive only
the pension. That pension is tax free until he reaches a point at which his
contributions offset and then it is taxable.
Commissioner Alonso: OK, would you, if this Commission were willing to
consider a contract, which we were not ready to address because it was not
part of the agenda, as you know. But if we were in the direction of _ -
considering some kind of contract, the three-year has been mentioned over and
- over again. Would you be willing to think about. 18 months and an evaluation
with the possibility of another 18 month? Have you thought of that? —
Chief Anderson: Well, the reason...
Commissioner Alonso: Would you consider something like that?
Chief Anderson: The reason why I have not thought about that is because...
Commissioner Alonso: Well, think about that now; 18 month...
Chief Anderson: No, I understand, I understand. I'm just trying to explair to
you - I'm just trying to explain, I'm happy with your consideration and I want =
you to know that and don't be offended by anything I'm...
Commissioner Alonso: No, I know, I know.
Chief Anderson: I'm just trying to, you know, I'm before the court now and
I'm trying to plead my case, that's all. My evaluation comes daily. I'm
scrutinized daily and to set aside a particular period of time that would
cause me to have to work up to that for that satisfaction or the other side of
that is that if you put me on an 18-month period of time, then it would signal
somebody who really wanted to destroy those efforts that they could also start
within that period of time to lobby for a negative outcome. So that is the
reason why I've said that. See, the thing is that you constantly have this
anticipation. We have gotten into the frame of mind of thinking in terms of
firing. That is a mentality that we have to get out of. It's a constant
thinking about firing, firing, and rehiring, and firing. This is what I'm
proposing based upon a plan of action, a five year plan, and if you - I know
that you know, Doctor, that that is the minimum acceptable period of time of
which a person can be and should be evaluated in a job. That's why the whole
managerial process and decision making has been around that five year plan.
You can evaluate me, you know, I'm evaluated daily and that's why I'm saying
that. But I was hoping that we would get out of that frame of mind. I want
my people to go back to work. There are some people in the department who
really feel that they're going to benefit, no matter what, with my leaving.
In some cases, being straight down the line and being professional and trying
to be fair to all does not satisfy some, so that's the reason...
Commissioner Alonso: I want to add that...
Mr. Fernandez: Excuse me, Mr. Commissioner, point of clarification, for your
consideration. In no event, will this Commission be the evaluating body for
the Chief of Police. That is something strictly reserved for the City
Manager.
Commissioner Alonso: Now, you know how...
Vice Mayor Dawkins: Hold it, hold it. May I cut in, please? May I cut in?
Commissioner Plummer: No. No, no. The derision will be the Manager's but
evaluation, this Commission can do at any time.
Vice Mayor Dawkins: And, then., you know, how...
Commissioner Plummer: No, no, evalu... well, wait a minute, let's go to war
with you. I'm ready.
Commissioner Alonso: Oh, God.
Commissioner Plummer: No, no, no, let's make it clear. He cannot take away
my authority, as a City Commissioner...
Mr. Fernandez: By way of inquiry..,
214 April 12, 1990
Commissioner Plummer: ...to evaluate...
Mr. Fernandez: Yes, by way of inquiry, you may have the Chief of Police here
24 hours nonstop asking questions...
Commissioner Plummer: You betl
Mr. Fernandez: That's right. And if that's what we're talking about, we're
on the same track line.
Commissioner Plummer: You bet.
Mayor Suarez: Vice Mayor Dawkins.
Commissioner Alonso: Yes. I...
Mayor Suarez: Commissioner.
Vice Mayor Dawkins: Go ahead, Commissioner...
Mayor, Suarez: If you yield.
Commissioner Alonso: Well, if it's a point of clarification, go ahead and do
it, Commissioner.
Vice Mayor Dawkins: Yes, point of clarification. You know, you tell me you
can give him a contract. Now you turn around and tell me that we can't
evaluate him. That the Manager is the only one can evaluate him, so somewhere
along the lines, either the Manager is the one to give the contract, if the
Manager is going to do the evaluation, or the City Commission gives the
contract, because they're going to give the evaluation. I mean, I need to find
out what is what because I'm confused.
Commissioner Plummer: It's a hiatus, that's the problem.
Mr. Fernandez: In the imperfect world in which we live, we have an imperfect
Charter and the imperfect Charter that we have I interpret for you the best I
can. And that certainly is that the City Commission has the pof;Qr to
determine the salary of the department directors. And that also in the
appropriations, it is in Charter, Section 27(1), any contract in excess of one
year, it has got to be the City Commission's approval. So trying to make a
marriage of our Charter to make it sense and logic, yes, you can give him a
contract, but it is only the City Manager who may evaluate him. And by
evaluating him, I mean ultimately having the power to dismiss him. By
evaluating, I didn't mean, Commissioner Flummer, your right to inquire and
make inquiries ad nauseam.
Vice Mayor Dawkins: Are you telling me that the Charter says the City
Commission legislate and the Manager, manage. Is that what you're saying?
Commissioner Plummer: Exactly.
Mr. Fernandez: Yes.
Vice Mayor Dawkins: I don't need you all to answer for him. Thank you. Is
that what you're saying, sir?
Mr.. Fernandez: That's one possible interpretation of what I have said, yes.
Vice Mayor Dawkins: All right, well how do you and going to give me your
positive interpretation?
Mr. Fernandez: That this City Commission is empowered to give a contract and
is the only body or agency that can give a contract in excess of one year and
that your City Manager is a strong City Manager and only he can appoint and
can let go department directors.
Commissioner Plummer: Unclassified.
Mr. Fernandez: Unclassified.
215 April 12, 1990
Vice Mayor. Dawkins: I beg...
Mr. Fernandez: Yes, otherwise it has to go through the classified service.
Vice Mayor Dawkins: OK, after the Chief, I beg to differ with that.
Mr. Fernandez: OK.
Vice Mayor Dawkins: And I'm going to, after the Chief. Go ahead, Chief man.
Mr. Odio: But the evaluation is not necessary. If you give a contract for
two or three years, that's the length of the contract, so there is no need for
an evaluation.
Mr. Fernandez: Correct.
Vice Mayor Dawkins: You know, evaluation for what?
Mr. Fernandez: That's right.
Vice Mayor Dawkins: Either he's doing his job or he's not. I mean, what I
got to evaluate? Go ahead, Chief, Mayor.
Chief Anderson: Yes, sir, thanks a lot for the clarification, Mr.
Commissioner. There is no hidden agenda here, I mean, it's just open. This
is before you, I mean, we would always say when I was in high school, say,
that even a blind man could read this and so it's just so obvious that we live
in a City that's a very unusual City. We live in a City that's a beautiful
City and we're lucky because of the makeup, but we also experience an awful
lot of problems because of this makeup. The policing that's required here and
the sensitivity that's required here, that it is of a unique nature second to
none. I have talked to my colleagues throughout the U.S. and even a
practitioner from London this week, that Miami is considered to be one of the
most difficult policing environment in the nation, if not, the globe.
Commissioner Alonso: Well, I want to say that...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: ...you know how concerned I am for the stability of the
City. Chief, you also know how supportive I have been of you. We've been
friends through the years. I have seen you working in this community, I
respect you. You are doing a great job. That's my belief and I know it's the
belief of the community. In my mind, I was not ready to approach a contract
today. I don't know how the rest of my colleagues feel about this. And I
think that if we were just talking about a length of time of giving you a
contract, say in three years, as I feel today, I want to see Chief Perry
Anderson here for a long, long time. That's my feeling. That's what I want
for my City. I want stability in the City of Miami and I'll do anything I can
to have stability and the support to the people who I feel are doing a good
job.
(Applause)
Commissioner Alonso: I also think that one of the reasons that this
Commission might have some problems in agreeing to a contract, it's economics.
Because it is a fact, we're saying, we are giving to you the job security that
you deserve, the job security that we feel you should have. But, at the same
time, we are telling you, we are going to pay you extra amount of dollars, if
the situation changes a bit and that might be because your job depends of the
City Manager. He appoints you, he fires you. We don't. The City Manager
does. So, somehow, these two jobs go together. If this Commission gives to
you a contract and a change takes place in three years, we will have to pay
you if the new City Manager decides that he or she does not need your services
any longer and would like to have a different person to do the job. In my
opinion, that will be a mistake, but we have to accept whatever decision the
City Manager makes. So, economics, it is ar. important factor and we're
telling this community by our action, we are going to pay this number of
dollars in a budget that has limitations, in a community that has to cut from
essential services, like providing food for people, housing for the needy, and
it is hard to make that decision...
216 April 12, 1990
Chief. Anderson: Can I help you?
Commissioner Alonso: ...when even though I respect _Vou very, very much,
$56,000 for retirement, it's more than a reasonable amount of money. It is an
amount that any working person makes by going everyday to his or her work and
feel that they are getting more than a reasonable job. 0£ course, I realize
that your job, it's not the average job, that I realize. But still, even if
that is the situation, $56,000 it's quite a bit of money. And we will be
saying with that contract, on top of all the benefits that Chief Anderson for
as much as I like him, for as much as I respect the job he does in the
community, for as much I recognize the service he provides to the City,
somehow, it clashes in my mind because I have to respond to the people of
Miami and protect the citizens of Miami and by my decision of saying, yes, I
want to give you stability, I want you to feel that you have job security, but
still, I have to go and say, dollars and cents, and I will be paying an extra
amount of money. And I have some conflicts with that. And I have to say it
very openly. I need time to digest all of this and to think what is best. I
want to do what is best for Miami, for the entire City of Miami because you
represent a departtent that is very vital for all of us. You represent a
department that speaks for professionals. There are not Hispanics or blacks
or green or blue people working in that department. They are all the same.
They are professional people protecting the citizens of Miami. So, I do have
problem, Chief, and you know that I want you to have job security and you know
that I support you. As a matter of fact, I was the person who brought to this
Commission the vote of support of Chief Anderson. But also, I have problems
when it comes to economics.
Ms. Weldon: Where is that vote now?
Mayor Suarez: Please, please. Vice Mayor Dawkins.
Vice Mayor Dawkins: I wanted to stay out of this because I told the
individuals this was not the way to do it. Now, I have to show them that this
was not the way to do it. Now, let me read from the Charter and as
Commissioner De Yurre said, the Chief's job security is in five people. Who
control the five people? You. Now, I'm reading to you from the Charter of
the City of Miami.
"Suspension and removal of Chief of Police and Fire Chief. The
City Manager shall have the exclusive right to suspend the Chief of
Police and Fire Chief for incompetence, negligence of duty,
immorality, drunkenness, failure to obey orders given by proper
authority, or for any other just and reasonable cause. If either
such Chiefs be so suspended, the City Manager shall forthwith
certify the fact, together with the cost of suspension to the
Commission, within five days from the date of receipt of such
notice and shall proceed to hear such charges and render ,judgment
thereon which judgment shall be final. The Chief of Police may be
suspended by the City Manager only for one or more of the causes
named before and when such suspension has been certified to the
City Commission, and the cause thereof examined by them, and found,
after a full hearing, to be well grounded, then the Commission, in
its affirmative judgment, which is final. When the affirmative
judgment is entered, the suspension of the Chief becomes removal.
But..."
listen closely,
"...if the judgment of the Commission is in the negative, the
suspension ceases and the Chief returns to work."
So now, what are you here for?
Chief Anderson: Well, I'm...
Vice Mayor Dawkins: No, Chief, wait, Chief. I understand you. I have no
problem, I understand what you're saying.
Chief Anderson: Yes.
Vice Mayor Dawkins: But what I'm
contract, OK? We pay him to tell m
with the contract, 1 don't have to
don't remove you, even if the new
that the new Chief, old Chief, otl
City Commission's upholding it.
don't - what?
saying is, he tells me I can give you a
a that. Now, this thing tells me also that
worry about paying you because it says, I
Chief don't want you. It says right here
,er Chief, cannot suspend you without this
So now, you know, either - right here,
217
April 12, 1990
Robert Clark, Esq.: There's a section in the...
Mayor Suarez: Why don't you go ahead and grab the mike, Mr. Clark, if that's
not your interpretation of the Charter..
Mr. Fernandez: Are you finished, Mr. Dawkins?
Vice Mayor Dawkins: No. The City Manager may not summarily remove from
office the police without notice of opportunity to be heard in his defense.
That's all I got to say.
Mr. Fernandez: Point of reference, Mr. Mayor. *Jnbeknownst to me,
Commissioner Dawkins has quoted the Charter. Had he consulted with me oci this
particular provision of the Charter I could have shared with him my knowledge
and my interpretation of the Charter.
Vice Mayor Dawkins: Why must I consult with you when you are paid to consult
with me and provide me with information but not make me make a fool out of
myself up here?
Mr. Fernandez: I was not aware that you had these concerns, sir. I cannot
read your mind.
Vice Mayor Dawkins: You need tol
Mr. Fernandez: I will try very hard in the future to read your mind, sir.
Vice Mayor Dawkins: No, that's one of the few things we do have. I do have a
vote to fire you.
Mr. Fernandez: Yes, sir, you certainly do.
Vice Mayor Dawkins: I don't have a vote to fire the Police Chief now.
Mr. Fernandez: You certainly do.
Vice Mayor Dawkins: But I do have a vote to fire you.
Mr. Fernandez: You certainly do.
Vice Mayor Dawkins: All right.
Chief Anderson: Would I - Mr. Mayor...
Mayor Suarez: Wait, wait, wait...
Mr. Fernandez: As a point of clarification, Mr. Mayor, just clarifying that
position. This is one of those issues that, of course, is not unbeknownst to
the Chief and to his attorney because we have delved into this at great
length.
Mayor Suarez: don't make this too complicated, please.
Mr. Fernandez: I certainly won't.
Mayor Suarez: Thank you.
Mr. Fernandez: Suffice it to say that Section 19 of the Charter overrides
those sections that have been read. Those department, the Department of
Public Safety, has been eliminated pursuant to Section 19(a) of the Charter.
This Commission has, by ordinance, established the Department of Police and
the Department of Fire and under the authority of Charter Section 19 and
19(a), those sections that Commissioner Dawkins was reading, are no longer
applicable. Now, the Chief of Police and the Chief of Fire no longer have
those protections or that language which was otherwise included in 26 of the
Charter. Now, they are considered. It is my considered legal opinion as a
department director, not in the classified service, subject, otherwise, to
serve exclusively at the will of the City Manager.
Vice Mayor Dawkins: Well, how can we give him a contract then?
218 April 12, 1990
0
Mr. Fernandez: Because I've said that. You can give him a contract...
Vice Mayor Dawkins: Not if he works exclusively under the direction of the
Manager.
Mr. Fernandez: And then that contract translates into a "golden parachute"
for lack of a better word, the moment that your Manager decides... —
Vice Mayor Dawkins: I'm not interested in a "golden parachute"...
Mayor Suarez: Or a silver parachute, copper parachute...
Vice Mayor Dawkins: ...a silver parachute or nothing. But I'm interested in
these people voting for me because I supported the Chief that they wanted.
That that's what...
Mr. Fernandez: Till then. So then...
Rev. Starks: Mr. Mayor.
Mr. Fernandez: So then, give him a contract, and maintain yourself a City
Manager who can keep him and then that way you have both of both worlds.
Commissioner Alonso: You see, that's the key.
Vice Mayor Dawkins: Mr. Man..., hold it., hold it, hold it. Wait, Chief,
that's what I told, that's what I said. I said, these five people up here is
contract because if a City Manager comes and determines he wants to fire him,
then we fire the City Manager. That ain't no problem.
Mr. Fernandez: That's right, there you go, Miller. You know, I...
Chief Anderson: Can I address some issues that... Mr. Mayor?
Commissioner Alonso: The only way is two contracts.
Mayor Suarez: Yes, except that Chief, if you're going to argue with the
legality of that, you're welcome to use your attorney, although that might
confuse everything even more.
Chief Anderson: No, I'm not going to do that.
Mayor Suarez: All right, sir. And then we have to get on some other items.
Chief Anderson: I want first address Commissioner Alonso's concern and I'm
glad that you brought up the issue of monies. If you monitor - if you took
and assessed the cost because of the lack of training, because of the lack of
professional concerns, because of certain lack of hiring issues that have been
of concern to this City and you translate those into the kinds of disturbances
that we have had as it relates to overtime costs, as it relates to the kind of
fees that we have had to pay because of officers who have made decisions that
are questionable. That, if you took the millions of dollars, and I think that
those dollars are somewhat in the ten plus category, and you looked at the
assessment that you're going to make to me, then I think that that would
probably prompt you to look in the area of not waiting for this decision to be
made. But looking at that decision at this particular day. We have a
situation that rests before us now that has cost us, at this particular time,
over $2 million dollars. Now, that has nothing to do, if any, with a civil
judgment. What I'm saying is that .if you had to pay me anything it would not
equate with the kind of professional service, professionalism, that I planned
with my administration and the officers of the Miami Police Department that we
will provide to you. So, that's my point. The issue of going further
demonstrates the need why I have asked for a contract. The confusion that
reigns here...
Vice Mayor Dawkins: No, here.
Chief. Anderson: No, I'm saying... the confusion that reigns here at this
particular time, if I were a guy that had headaches and God bless, I've never
had one in my life, that I would have a tremendous headache now that would
confuse me as to what my position is.
219 April 12, 1990
Commissioner Alonso: Recause. I've got a headache.
Chief Anderson: So, my point is, that I know that you can. 1 know that you
can. You're not risking anything in me. Your risk is that if you do not have
me. That's my point. I have demonstrated up to this date, that I have been
extremely professional, I have checked all the areas of concern to this -
Commission. I think that we have been able to, with my administration, to _
bring this department up to a level of which we're continuing to arrive at
- that makes a statement within itself. You're absolutely right, it says that I -
am the person that is the recipient of past agreements that will cause me to
retire with a certain amount of money. While I would hope that you would not s
want to pay me that money sitting home...
Rev. Starks: Mr. Mayor, Commissioner Dawkins...
Mayor Suarez: Vice Mayor.
Vice Mayor Dawkins: Mr. City Attorney, so that I will not be confused any
more, is it a fact that the citizens of the City of Miami elect the
Commissioners?
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: That's a fact.
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: Is it also a fact that the City Commissioners hire the
City Manager?
Mr. Fernandez: Hire and fire exclusively at your will.
Vice Mayor Dawkins: Without cause?
Mr. Fernandez: Correct.
Vice Mayor Dawkins: Now. So, therefore, and is it not a fact that the Police
Chief is hired and fired without cause by the Manager?
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: Now, following that reasoning, if, in fact, the citizens
of the City of Miami who vote for me told me that the Police Chief was doing a
good job and they were desirous of retaining that Police Chief and I conveyed
that to a City Manager, although you say I can dictate to him and the Charter
says I can't, and that City Manager decided that he was going to terminate the
Police Chief any way, then do I have the right to get three votes and fire the
City Manager?
Mr. Fernandez: At a drop of a hat.
Vice Mayor Dawkins: So, therefore, the job security does lie within three
votes on this Commission.
Mr. Fernandez: Always.
Vice Mayor Dawkins: OK. So now...
Mr. Fernandez: You know, they say in the City of Miami, can't you count up to
three?
Vice Mayor Dawkins: OK, so three votes...
Commissioner Alonso: Certainly can.
Vice Mayor Dawkins: ...is the determining factor here. So, with the contract
or without a contract, the Chief has a job as long as the Chief is
professional, does his job and the citizens al-e satisfied which makes the
Commission satisfied, which makes the Manager satisfied. Is that a correct
statement?
Mr. Fernandez: God bless you, Mr. Dawkinsi
220 April 12, 1990
Chief Anderson: Mr. Commissioner....
Vice Mayor Dawkins: All right. Now...
Mayor Suarez: God bless us all.
Mr. Fernandez: Yes, I mean...
Mayor Suarez: As long as you're going to give out blessings, make sure spread
them around.
Commissioner Plummer: When did you become a preacher?
Mr. Fernandez: Talking about leading - talking about leading questions, yes,
of course.
Vice Mayor Dawkins: OK, now, but the Chief cannot, in his opinion, and this
is his opinion, not mine, cannot perform the professional duties with a cloud
of insecurity hanging over his head. Therefore, the Chief feels that he needs —
some security or security blanket, for the lack of a better word, that will =s
permit him to perform in the way that citizens will demand that I support him
over any Chief. So, therefore, since you say that he can be given a —
contract... -
Mr. Fernandez: Yes. '~
Vice Mayor Dawkins: ...I move to give him a contract. _
(Applause)
Mayor Suarez: So moved.
Commissioner Alonso: All right, I now have a question. What kind of a
- contract? A contract?
Rev. Starks: That's what his attorney's over there for.
Mayor Suarez: Wait, wait, wait, please. Mr. Vice Mayor, did you attach any -_
sort of terms to that or are you just moving on the principle of a contract?
Mr. Fernandez: Well, point of order, Mr. Mayor. if I may, Vice Mayor Dawkins,
I believe that then if this motion were to carry the proper thing would be to —_
instruct the City Manager and the City Attorney to meet with Chief Anderson
and his attorney and to perfect a contract for your ultimate consideration.
Mr. Wolfson: We have a rough draft.
Commissioner Plummer: You just happen to have a rough draft.
Mr. Wolfson: I'm not the only one that has it, it wasn't. prepared...
Commissioner De Yurre: Mr. Mayor...
Vice Mayor Dawkins: No, hey, wait, I'm not finished. You asked me a question
here, let me try to answer it here. My motion, and I don't know why that
attorney is the only one with a rough draft, when the City Attorney is _
supposed to have been working on this, the Manager has been working on it, so
I don't understand why it's only one rough draft. But, my motion, Mr. Mayor, =_
says that the City Manager and the Police Chief sit down together and come up
_ with a contract and that then it is given to the I.aw Department, both to his
lawyer and to our Law Department, to put it in legal form and bring it back to
this Commission at the next Commission Meeting for execution.
_ Commissioner Plummer: Question.
Vice Mayor Dawkins: No, see, I don't mean consideration, see, I don't want to
! consider it at all. I want to do it.
Mayor Suarez: OK.
Commissioner Plummer: Can I ask a question?
221 April 12, 1990
Vice Mayor Dawkins: Now, maybe this may be the only vote to do it because I
want to do it.
Mayor Suarez: OK, so far it is, but let's see. Commissioner Plummer.
Vice Mayor Dawkins: All right, fine, I don't have no problem with that. I've
been on the losing side of a four -one vote a long time.
Commissioner Plummer: Every argument, and I'm not stating for the record that
I'm for or against a contract because I have certain questions as to the real
legality of a contract. Commissioner Dawkins, are you also, because every
argument that I have heard here today of a contract for Chief Anderson, are
you also stating, for the record, a contract for the City Manager and the Fire
Chief as well?
Vice Mayor Dawkins: A contract for any department head in the City.
Commissioner Plummer: Including the City Manager.
Vice Mayor Dawkins: Yes.
Mayor Suarez: A contract for every department head in the City?
Vice Mayor Dawkins: If....
Commissioner Plummer: The hell with the City Attorney, no. He's saying every
department head. That covers it. You're a department head. So, you're
saying for every department head.
Vice Mayor Dawkins: Yes.
Mr. Wolfson: The motion was introduced as concerns the Chief. We're here
only on the Chief.
Mayor Suarez: You're going to explain his motion, right?
Commissioner Plummer: No, no, no, I'm asking whether or not that is to be
applied for every department head...
Vice Mayor Dawkins: Everybody but the City Attorney.
Mayor Suarez: You know, one interesting thing, under our Charter, there's
only two people who have a fixed appointment by the Commission and that's the
City Attorney and the City Clerk.
Commissioner Plummer: And the City Attorney.
Mayor Suarez: City Attorney and City Clerk. Fixed term.
Commissioner Plummer: No, three.
Mayor Suarez: No, the Manager's not a fixed term. The Manager serves at the
will of the Commission.
Commissioner Plummer: Neither are the Clerk and the Attorney.
Mayor Suarez: A term, yes, they're appointed for a term.
Vice Mayor Dawkins: Yes, one year.
Commissioner Plummer: We ratify but they have no contract.
Mr. Fernandez: We serve at the will of the City Commission. However, we have
a term of two years.
Mayor Suarez: They have a term under the Charter. Anyhow, whatever that
means.
Commissioner De Yurre: Well, Mr. Mayor, talking about this issue that just
was pointed by J.L. Before I can consider voting for or against the concept
of a contract, I have to know exactly what legal ramifications my vote will
222 April 12, 1990
have on the rest of the City and I'm talking to my City Attorney, not you, we
don't nay you. What, do you have an opinion at this point in time to make as
far as that issue is concerned?
Mr. Fernandez: Sir, I have some concerns, to be very frank, and I have shared
these with my City Manager that giving a contract to one department director
and not the others, could potentially, possibly raise some problems. That
problem, however, is not immediate, it's not - you see, and then I hate to
begin to make predictions because I don't have a crystal. ball. I don't know
when an assistant city manager or another department director would want, or
could, file a discrimination type of lawsuit on the basis of equal protection.
Commissioner Plummer: That's not the question here because Commissioner
Dawkins has indicated that all department heads would be included in the
contract.
Mr. Fernandes,: That's the answer to Commissioner De Yurre's question to me.
Mayor Suarez: Well, before - yes, and before you get too much into that,
let's make sure you have a second for that kind of a motion, you know.
Mr. Wolfson: No, I believe his motion was that...
Mayor Suarez: Counselor, you can try to state what his motion was, but he
said his motion and then he went ahead and modified it. If he wants to go
back to the initial motion of a contract for the Police Chief, this particular
Police Chief, he can do so, but so far, I think, as I hear it, it's to give a
contract to the Police Chief and all the department heads and assistant city
managers and I think in that same position. At that same level.
Chief Anderson: Can I say something?
Mr. Fernandez: It is certainly a question of policy that its City Commission
can set on how it will deal with this nonclassified employees.
Commissioner Plummer: Based on the arguments, how could you deny him?
Chief Anderson: Mr. Mayor...
Mayor Suarez: Well, we probably wouldn't have to because at this point, I
don't know it has a second. Do you want to address that particular motion,
Chief? We're going to...
Chief Anderson: I did not realize that we would come to this state of total
confusion.
Commissioner Plummer: What's the confusion?
Chief Anderson: Because what was stated was very explicit. If the other
individuals, and I'm not saying that they are not entitled to, I want that to
be open, but it should be at the Manager's will or your will to make that
decision. To cloud an issue and to end up in filibuster...
Commissioner Plummer: No, no, no, it's three members of this Commission. Not
the Mayor or the Manager alone.
Chief Anderson: Yes.
Commissioner Plummer: It is three members of the Commission who will make
that decision.
Chief Anderson: I agree with you. But to have this to end up in a state of
filibuster by clouding this issue with every director. Every director does
not carry a gun, every director does not enforce state law, every director
does not answer to the Constitution, every director does not have the
responsibility to take away the freedom of an individual, every director does
not have the responsibility of dealing specifically with a demonstration,
every director does not have the responsibility of dealing with a riot, every
director is not judged based upon the influx of crime and every director is
not judged based upon the behavior of its individuals. Every director does
not have to appear before the media, every director does not have to be viewed
nationally, every director's opinion does not concern the state of the City as
223 April 12, 1990
thA.t of the Police Chief:. So to put pis into an area of total confusion, and
total filibuster, is not fair for us as we are here today to make a decision _
on a particular piece of contract, and a particular piece of. legislation...
Mayor Suarez: Let me get back to the procedural situation where we are —
because we cannot go on and on. We have a motion that has not been seconded.
If the maker of the motion wants to restate it and look for a second, he can _
do so. If not, if he wants to state it in a different way or somebody else
wants to make a motion, that is also acceptable. Do we have any substitute
motion or clarification of the motion? Do we have a second?
Commissioner De Yurre: Well, I'll say this, Mr. Mayor...
Mayor Suarez: Yes.
Commissioner De Yurre: ...that I need to have a legal response to this issue.
And before I can go ahead and have to deal with the possible ramifications of
the decision. First of all, let me put it on the record and be pretty blunt
about it. I don't think it's quite fair that today an item that was not on
the agenda...
Rev. Starks: It's on the agenda.
Commissioner De Yurre: Not the item, not the item, coming to speak, fine, but
it never said what the issue was. And I think that this is a pretty important
issue that we should have known that this was going to be dealt with today and
we spent about an hour and a half at least on this issue and it is an
important issue, but I think you guys have to have a little bit more
consideration with us that we know exactly what it is that's coming down the
pike.
Rev. Starks: Well, Mr. Commissioner...
Mayor Suarez: Well, in addition to which... no, wait, wait, wait, wait. Now
we're wrapping up a discussion. In addition to which, let me state, as I
understand the law so that, hopefully, the next time or whenever we get ready
to act on this, including now, if indeed somebody wants to make a motion, that
gets seconded. It is a confusing legal mess that we've got on our hands, but
in rough terms, the legal situation is that the Manager, it is up to the
Manager to approve a contract, it is up to the Commission to approve the
economic consequences of that contract, if those economic consequences cause
changes in the budget for one fiscal year. So it would be nothing wrong with
the Commission sending it back to the Manager for him to propose a contract
and, indeed, to agree to a contract. We can also take all kinds of votes of
policy or you know, how we feel generally and I think some of the
Commissioners have expressed how they feel generally, or we can go back to a
simple motion of, you know, that there should be some sort of a contract. The
Manager should be drafting some sort of a contract. Sn., it's up to this
Commission how to act at this point, but I do ask the Commissioners, and in
fairness to people on other items, that we go ahead, procedurally back to our
correct functioning here, and let's decide what, you know, what we want the
Manager to do, what we want the City to do, and move on to other items.
Vice Mayor Dawkins: And I'll make a motion.
Commissioner De Yurre: Let me say something. Miller, Miller, let me say
something before you do. Hold it a second.
Mayor Suarez: Commissioner De Yurre and then, Vice Mayor Dawkins.
Commissioner De Yurre: Yes, you know, I think what we're looking at right now
is a situation where, if the Manager, in his capacity, deems that a contract
is in order, then he should take it upon himself to work it out and then bring
it before us for consideration. Then, we'll decide yea or nay and go with it.
We don't need to instruct the Manager, I don't think, legally, or otherwise,
to go-ahead and do something. If he feels in his capacity as a City Manager,
that a contract is in order for whatever reason, then he should go ahead and
take the steps necessary and bring it before us as he brings every other item
that he brings before us and we will address the issue at that point in time.
And then, there are a number of considerations that I've expressed that I need
to have answered before me, that will make my de,-;isian yea or nay on the
contract.
224 April 12, 1990
Commissioner Plummer: The problem, I think, existing, according to the City ==
Attorney, if I heard correctly, is that the Manager cannot offer any contract
beyond his term in office or the end of the fiscal year.
Mr. Fernandez: Correct.
Commissioner Plummer: So, you know, I think that we're really, we're doing a
whole lot about nothing in this situation.
Rev. Starks: As usual.
Commissioner Plummer: Now, I want to express just two things and then let's
bring it to an end.
Vice Mayor Dawkins: You for real? True, true, true?
Commissioner Plummer: The what?
Vice Mayor Dawkins: For true, true, true?
Commissioner Plummer: You dirty devil.
Vice Mayor Dawkins: You're just going to say two things and listen?
Commissioner Plummer: First of all, Chief, I disagree with you in this sense.
I did not ask for every department head, even though the City Attorney has
expressed concern of equal doctrine. My area was, as your heard what I said,
was that the City Manager and the Police Chief - thatdoes come under our
terminology of public safety - and in my estimation, I the arguments used for
your benefit, the five years of planning and things of that nature, apply to
the other two just as well in my estimation.
Chief Anderson: I understand.
Commissioner Plummer: And I can tell you...
Mayor Suarez: Which other two were those?
Chief Anderson: I agree.
Commissicner Plummer: Under public safety, it would be the Police Chief, the
Fire Chief and the City Manager, OK? Now, I can tell you my feeling. At this
particular point, I am not in favor of a contract. But I would say that if my
vote were to be favorable, it would have to include all three. Now, the
second point that I want to make. I think one of the things of being around
for along time is to know a little bit about history and I'm not going to
mention any names because in this particular case, I don't think we're really
talking to Perry Anderson, we're talking to the position of Police Chief. In
my estimation, think what would be more accomplishing than what we've talked
about here today, and one of the things that was the bone of contention in the
termination of the one formerly mentioned, that there is no provision
presently for a terminated Chief to have a public hearing in which this
Commission would allow them to have all of the input and we could make a
decision - not on the Chief - but whether or not we wanted to keep the
Manager. So, I think that the more important thing, since Perry has stated it
is not economic, is the fact that if he is doing a good job and for whatever
reason he were to be terminated, he would have so called, day .in court before
this Commission and this Commission could make a determination, not on his
firing, but on the Manager's firing. And then when we hire a new Manager, we
would ask him, which we are fully empowered to Rio, what are your positions on
Perry Anderson or on the Police Chief's position? I personally think that
more can be accomplished by assuring the Police Chief and the Fire Chief the
same provisions which presently exist in the Charter. The City Manager has
those provisions. He has the opportunity of a day in court in which this
Commission will make final decision. Unfortunately, that was lifted for the
Police and Fire and I personally think if that was reinstated, to me, would
give more job security to those two individuals than anything else that we've
talked about. And then in conclusion, let me say that, as far as I'm
concerned, I support Perry Anderson, I wish he would stay. He will make that
decision himself, but in the long run, the real job security is in a job well
done. He's done that job and I hope he will continue to do it, although I do
have serious reservations about a contract. Thank you.
225 April 12, 1990
Mayor Suarez: OK, anything further, Commissioners?
Vice Mayor Dawkins: Yes, I'm going to try to bring this...
Mayor Suarez: Vice Mayor Dawkins.
Vice Mayor Dawkins: I move the Manager be instructed to bring back a contract
for Perry Anderson and after that, lie brings back any one, then bring back one
for the Chief, Fire Chief, and then bring back one at a later date for someone
else.
Mayor Suarez: So moved. I guess the difference is that they be brought back
one by one individually as opposed to one that would somehow apply to all of
those people in those positions that are thought to be similar under the
Charter. So moved. Do we have a second on that? Do we have a second on that
motion? Twice. Do we have a second on that motion?
Vice Mayor Dawkins: I'll call the order of the day.
Mayor Suarez: Three times.
Vice Mayor Dawkins: Go to the next item. Go to that...
Mayor Suarez: OK, anything further on this item, Commissioners? If not,
we're on item thirty...
Vice Mayor Dawkins: Thirty-nine.
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: Well, no, no, let's don't go away that way. Rather
than instructing the Manager to come back with a contract, I personally, as I
think I heard Commissioner De Yurre state, that we need more information. I
would ask, if it's in the form of a motion or otherwise, that the Manager come
back to this Commission with all of the ramifications, legal, financial,
economic, on the three positions that I have so named. That doesn't mean that
we'll do it or we'll vote for it. But I think we're entitled to that
information. Those three positions are the Manager, the Police Chief, and the
Fire Chief. And if that is in order, I would ask that. the Manager gather that
information and bring it back to this Commission.
Mr. Odio: I have a technical question.
Commissioner Plummer: Are you a spastic or are you having a...
Mr. Odio: No, because what you're asking me is too broad. Let me explain.
And I'm taking...
Commissioner Plummer: Does he have the right. to question my motion?
Mr. Odio: Yes - no, I'm sorry.
Mayor Suarez: Not really, but if you want a clarification, Mr. Manager.
Vice Mayor Dawkins: That is a motion?
Commissioner Plummer: I'll make that in the form...
Mayor Suarez: That was in the form of a motion.
Commissioner Plummer: I'll make that in the...
Mayor Suarez: Mr. Manager, did you want a clarification on that?
Vice Mayor Dawkins: I don't see why we need to discuss it until you get a
second.
Commissioner De Yurre: I'll second it.
Mayor Suarez: Seconded for discussion. Mr. Manager, do you want to ask a
question about that, a clarification, or make a comment?
226
April 12, 1990
Mr. Odio: Yes, I need to explain to me one more what you want me to bring
back. --
Commissioner Plummer: I want you to bring back, I thought it was clear, all
ramifications.
Mr. Odio: What ramifications are according...
Commissioner Plummer: Economic...
Mr. Odio: Let me explain. You can sit down and negotiate a contract with the
= Chief. That... -
Commissioner Plummer: I didn't say that.
Mr. Odio: No, no, ramifications are according to what you negotiate.
Commissioner Plummer: What is the ultimate ramification?
Mr. Odio: That's my point, I can tell him, I say...
Commissioner De Yurre: Part of coming...
Commissioner Plummer: We know - excuse me...
Commissioner De Yurre: Part of making that decision and bringing those
numbers to us, are, you're going to have to work out a deal.
Commissioner Plummer: OK, here again, can I explain my motion?
Mr. Odio: Yes, I want you to explain it, Commissioner.
Commissioner De Yurre: OK.
Commissioner Plummer: We know that in the case of the Chief, who is making
$95,000 a year, if he had a 3 year contract...
Mr. Odio: Right.
Commissioner Plummer: ...and you were to terminate him tomorrow or the first
day...
Mr. Odio: You pay...
Commissioner Plummer: ...it's $285,000.
Mr. Odio: But - OK, yes.
Commissioner Plummer: OK, we know if we terminate you, it's $318,000.
Mr. Odio: Yes, but what I'm saying is... I know what you're...
Vice Mayor Dawkins: If you terminate the Fire Chief, what is it?
Commissioner Plummer: I really don't know...
Commissioner De Yurre: Four hundred and seventy-five...
Commissioner Alonso: Shouldn't we also inquire about the possibility the -
Mr. Fernandez said at one point...
Mr. Fernandez: Yes.
Commissioner Alonso: ...that the head of the departments would have the
right, perhaps, to question why they don't get a contract and they might claim
discrimination. Is that right?
Mr. Fernandez: There is a possibility of that that we need to look into
further.
Commissioner Alonso: So we can have a definite answer.
227 April 12, 1990
Mr. Fernandez: Yes.
Commissioner Plummer: The full ramification.
Mayor Suarez: That's the legal implications that Commissioner Plummer was
referring to.
Commissioner Alonso: The legal implications.
Mr. Fernandez: Those are the legal ramifications. _
Commissioner Alonso: Yes, see...
Mayor Suarez: That's the legal implications, ramifications that Commissioner
Plummer was referring to.
Mr. Odio: OK, and for how long? That's my other question?
Commissioner Alonso: But, he stated about the three position, it's much more
than that.
Commissioner Plummer: Oh, it could very easily be.
Commissioner Alonso: Yes.
Conunissioner Plummer: Yes.
Commissioner Alonso: So, the implications, we should have the general
picture, not only in reference to the other two gentlemen, but also in
general. What other legal implications so we have the general picture.
Mayor Suarez: OK, we have a motion and a second, reasonably well understood
by the Commission. Did you want to make a quick question on that, Reverend?
Rev. Starks: Yes, I would like to go. Mayor, the Commission, you know I'm
kind of appalled. It seemed like any time the concerned citizens bring an
issue here, it have to be filibustered completely out of proportion. Now, you
brought in the point of economic. I would like for you to go back and
consider the economics of the 180, the 182, the 184, and the 189 riots and see
which is more important, the peace of mind :which is all the man is asking for
instead of going around with all of this stuff. Let's try to do some justice
and stop thinking about all of this legal ramification. If it's legal as far
as the City Attorney said, then let's do something positive about it.
(Applause)
Mayor Suarez: We have a motion and a second. Any further discussion? If
not, please call the roll.
The following motion_ was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-305.
A MOTION DIRECTING THE CITY MANAGER TO INFORM THE
COMMISSION AS TO ALL POSSIBLE RAMIFICATIONS (e.g.
LEGAL, FINANCIAL, OR ECONOMIC) WHICH WOULD DERIVE FROM
ENTERING INTO PROFESSIONAL SERVICE CONTRACTS FOR THE
POSITION OF CITY MANAGER, CHIEF OF POLICE, AND CHIEF
OF THE FIRE DEPARTMENT.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
228 April 12, 1990
AYES: Commissioner Victor De Yurre
y Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Pone.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: What is the motion?
Mayor Suarez: Roughly stated, if I read you right, Commissioner Plummer, it
- is that the Manager come back to us with the legal, economic, and other
- ramifications of giving a contract to any one of the three positions that you
mentioned.
Commissioner, Plummer: Correct, sir.
Mr. Odio: May I ask another question, Mr. Mayor?
Mayor Suarez: Which are the Manager, the Chief and the...
Vice Mayor Dawkins: Only the three.
Ms. Hirai: Excuse we, sir...
Mr. Wolfson: Does that include the rough drafts?
Vice Mayor Dawkins: Only the three.
Commissioner Plummer: No, it does not include any rough drafts.
Ms. Hirai: Yes, sir, only those three, yes, sir.
Mayor Suarez: Get out of here.
Mr. Wolfson: I happen to have right here a rough draft.
Mr. Odio: May I ask...
Mayor Suarez: Oh, yes, you can certainly...
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Odio: I'm going to ask something, Mr. Mayor.
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: I am involved now and I don't want to be in that sense that it's
self. -serving. Could you appoint a member of the Commission to do this?
Commissioner Plummer: No, we can get your replacement to do it.
Mr. Odio: I know that, Commissioner, but the serious part of it is that. I
prefer that if a member of the Commission...
Vice Mayor Dawkins: You are orgy shaky ground, so you better try to protect
your job.
Commissioner Plummer: Sir, as far as... Mr. Mayor, I will express for me...
Mr. Odio: Miller, I want a contract.
Commissioner Plummer: ...1 don't feel that that has any involvement. We're
only asking for the full ramifications which exist today.
Mayor Suarez: Yes, that's it.
Mr. Odio: Why can't one of you...
229 April 12, 1990
a
t
Vice Mayor Dawkins: If you want to quit, quit, but we told you what we want
you to do.
Mayor Suarez: That's in the form of a motion. Thank you for your suggestion
and inquiry, Mr. Manager. That's your job, sir.
Vice Mayor Dawkins: I'll call the order of the day.
Mayor Suarez: We've called the roll, have we not, Madam City Clerk? Has it
been called?
Commissioner Alonso: Yes.
Ms. Hirai: Yes, sir, I finished roll...
Mayor Suarez: OK, call the order .)f the day. Item 39. I misunderstood your
motion, Commissioner.
Mr. Fernandez: Mr. Mayor, any idea as to when you want the Manager and myself
to come back to you with this report? Time frame?
Mayor Suarez: Whatever it is, it should be on the agenda so we know in
advance, please.
Vice Mayor Dawkins: By all means.
Mr. Fernandez: You're thinking in terms of the first May meeting or the first
June meeting?
Vice Mayor Dawkins: First May meeting.
Mayor Suarez: First May meeting.
------------------------------------------------------------------------------
52. GRANT REQUEST FROM FUNDACION GARDELIANA DEL PLATA FOR FEE RENTAL WAIVER
FOR USE OF MANUEL ARTIME CENTER REGARDING PERFORMANCES TO COMMEMORATE
CARLOS GARDEL (WITH PROVISO).
Mayor Suarez: Item 39. Economy Discount Pharmacy, are they here? Sir, are
you an attorney?
UNIDENTIFIED SPEAKER: Yes, I am.
Mayor Suarez: And you're registered with the City? -or if you're compensated
today?
UNIDENTIFIED SPEAKER: Yes, I am being compensated by the...
Mayor Suarez: And you're registered with the City as a lobbyist? We have a
form that you have to fill out.
UNIDENTIFIED SPEAKER: No, I have not.
Mayor Suarez: Please fill that out while we go on to item 40. Please, we
need some quiet in the chambers. Please. All the handshaking over here on my
left. Counselor, Jerry Wolfson, sir, thank you. Bye.
Mr. Wolfson: Nice seeing you, sir.
Mayor Suarez: A1.1 right. Item 40, Fundacion, etcetera, etcetera. Gardeliana
Del Plata. Waiver of rental fee, 10 percent ticket sales fee in connection
with the use of Manuel Artime. Mr. Manager, are you recommending anything on
forty? We're not...
Mr. Odio: Yes, sir...
Mayor Suarez: Yes.
230 April 12, 1990
Mr. Odio: We prepared a report that. I believe you already recei-,Teti copies of. �
_ and Mr. Bailey, this is on the... oh, I'm sorry, I was talking - I was on
forty-one. On forty...
Mr. Odio: We are recommending this. We are recommending denial on this. We
_ recommend denial on this; they want twenty-eight thousand, eight hundred and
twenty-five thousand dollars. We are not in a position in the budget to T-
= provide these kind of funds at this time, especially now when we're in the
process of cutting back. I definitely recommend against it.
Mayor Suarez: In the back, please. He's filling out the form. Aurelio.
Mr. Miguel Jores: OK, my name is Miguel Jores. I am treasurer of Fundacion
Gardeliana Del Plata. I'm sorry my English don't... one made a special event
for three day. One of these days is free for any institution. For in memory,
maybe...
Mayor Suarez: Let me ask a question, sir, because there's not going to be any
economic - I guarantee you, there won't be any out-of-pocket contribution to
this regardless of how good
a presentation you make.
- Commissioner Plummer: What
happened to 39?
Mayor Suarez: But there may be use of the Manuel Artime Center if, indeed, we
have a policy of certain
community days or something,
as we do for other
facilities of the City. Do
we, Frank?
- Mr. Frank Castaneda: No,
the Commission can waiver the
cost at the Artime
Center and that would be $4,790.
Vice Mayor Dawkins: We can
waive that. You can?
_ Commissioner Plummer: But
you can't waive the surcharge.
' Mayor Suarez: OK, do you
know the date that they need
it for? Have they
- specified, have they dealt
with you on that?
Mr. Castaneda: June 22nd,
23rd, and 24th.
Mayor Suarez: Would we be
using it for some other purpose
in those days?
—
Mr. Castaneda: No.
=
Mayor Suarez: OK, I've always had a policy of being in favor
of rent waivers
if they clean up and, otherwise, don't destroy the place.
If. that's the only
thing....
-
Commissioner Plummer: Are
you charging admission?
Mr. Jores: Yes, only one day is free.
.;
Commissioner Plummer: But
you're charging an admission?
Mr. Jores: Yes.
Commissioner Plummer: How much is the admission?
Mr. Jores: Ten dollars.
Commissioner Plummer: Ten dollars.
Mr. Jores: Yes, ten dollars, yes.
Mayor Suarez: So, you're going to build in that they pay us back?
Commissioner Plummer: All right, I would go along with...
Mr. Jores: No, no, but one day is free.
Commissioner Plummer: I understand, I heard you the...
Mr. Jores: Because we need to pay, you know, many people, musicians....
231 April 12, 1990
4
Commissioner Plummer:
I heard you the first time, sir. OK?
I would go along e
- with the waiver that
if they break even or lose money, they
get the full
amount of the waiver.
Any monies above expenses, would come
back to the City
first to reimburse us
for the waiver. The rental waiver, of
course. That's
what we've done with the others.
Mr. Jores: What kind
of the help is this?
Commissioner Plummer:
What kind of help, sir? it assures you you won't lose
- money.
- Mr. Jores: No money.
-
- Commissioner Plununer:
Well, if your expenses are $1,000 and
you make $2,000,
- then the City gets back $1,000.
Mr. Jores: Yes.
-
Commissioner Plummer:
Anything that you make over expenses,
the City will get
its money back first
and after that, you can keep as profit.
_
- Mayor Suarez: Off the top we get paid back our fee and then you get to keep
= the rest. All right?
'That's in the form of a motion?
= Commissioner Plummer:
That's fine with me.
Mayor Suarez: Do we
have a second?
Commissioner Plummer:
Except for the surcharge. We
can't waive the -_
surcharge.
Mr. Castaneda: But, Commissioner, we will need an audit to...
Commissioner Plummer: Always have to have an audit.
Mayor Suarez: With an audit, provided by them at their cost, right?
Commissioner Plummer: That's right.
Mayor Suarez: OK, so moved. Do we have a second?
Commissioner Alonso: Yes, I second.
Mayor Suarez: Second. Thank you. Any discussion? If not, please call the
roll.
Mr. Jores: OK, OK, thank you.
Mayor Suarez: We haven't voted yet, don't thank us.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-306
A RESOLUTION GRANTING THE REQUEST OF THE FUNDACION
GARDELIANA DEL PLATA FOR A WAIVER OF THE RENTAL FEE
FOR THREE (3) PERFORMANCES TO BE HELD AT THE MANUEL
ARTIME PERFORMING ARTS CENTER JUNE 22, 23, AND 24,
1990; SUBJECT TO THE ORGANIZERS REIMBURSING THE CITY
UP TO THE FEE WAIVER AMOUNT IF ANY PROFITS ARE MADE
AND UPON THE PROVISION OF AN AUDIT TO THE CITY AT THE
ORGANIZER'S EXPENSE; FURTHER 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.)
232 April 12, 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 Dawkins =-
Mayor Xavier L. Suarez --
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Plummer: Your chickens just hatched.
Mayor Suarez: Item 41..
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Which?
UNIDENTIFIED SPEAKER: Item 56. We've been here ten times and we're sitting
and sitting and sitting.
Mayor Suarez: Why is he saying item 28, when it's item 56?
Commissioner Alonso: Twenty-eight is over.
UNIDENTIFIED SPEAKER: Twenty-eighth Street.
Mayor Suarez: All right, 28th Street. I'm sorry, but I don't know, we'll
try. Maybe after this item. Ten times?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Ten times? You set the all time record. All right, we're
going to try to get to that, if the Commission agrees, which I think they
will.
53. INSTRUCT ADMINISTRATION TO GIVE HIGHEST PRIORITY TO FUNDING REQUEST FROM
ST. JOHN'S - FROM ANTICIPATED MONIES FROM PROPOSED SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT TAX INCREMENT BOND ISSUE.
Mayor Suarez: Don, quickly.
Mr. Donald F. Benjamin: Mr. Mayor, Commissioners, my name is Donald F.
Benjamin, I'm the interim president of the Overtown Advisory Board. A few
Commission meetings ago, I made a presentation here with respect to tax
increment financing and I think we made the point that it does not benefit all
of Overtown.
Mayor Suarez: Don, have you seen the memo of April llth?
Mr. Benjamin: From whom?
Mayor Suarez: To us from the Manager.
Mr. Benjamin: No.
Mayor Suarez: It states that the ability to issue $22 million dollars -
remember that discussion that we had on tax increment bonds? -was based on
collecting ad valorem taxes on the Miami Sports Arena which we were told
earlier in the day that City was going to try to keep from happening. Figure
that one out.
Mr. Benjamin: I don't understand it.
233 April 12, 1990
Mayor Siiarez: I don't. either. But, what. they're saying is that, right now,
the bonds will produce, unless the Arena is taxed, which the City i.s trying to �=
keep it from happening, the bonds will produce $10 million dollars of which -
how much is already earmarked, Herb?
Mr. Bailey: All of it, Mr. Mayor. We have...
Mayor Suarez: Break it down for us, please.
Mr. Bailey: We have six million dollars that will go to repay a loan that we
borrowed - money that we borrowed from the...
Mayor Suarez: Beginning three years from now, right?
Mr. Bailey: No, that loan is, well, due. We'd have to pay that one off
because we don't need to be paying double interest. And the other two million
dollars is for the Overtown malls and the rest of it for the Folk Village,
which is between 8th and loth Streets.
Mayor Suarez: So, these funds are depleted. You know, I have an idea because
I think we ought to be fair with the community and up front. And my idea is,
that, maybe, we ought to set for hearing the same discussion that took place
this morning when we were arguing - at least the Manager was arguing - that we
should try to keep the Arena from being taxed. Maybe we should try not to
let - I mean, we should allow the Arena to be taxed which will then put more
funds into the tax increment district. In fact, according to this memo, as
much as $22 million dollars. Am I correct?
Mr. Bailey: Yes, we asked for $22 million so we wouldn't have to have two
validations.
Mayor Suarez: I know we asked for a higher amount...
Mr. Bailey: Right.
Mayor Suarez: ...but wouldn't we be able to get as much as $22 million if the
Arena was taxed?
Mr. Bailey: If. the Arena was taxed and we get the increase that we expect in
July, we could probably gG out for 22 million, yes.
Mayor Suarez: And then there would be money. Otherwise, the only thing
that's left to argue is that we should not spend the money, which we haven't
yet, although we have sort of approved it, but we haven't actually spent it on
either the acquisition of the lots that Herb...
Mr. Bailey: Between 8th and loth and not only that, Mr. Mayor, by law...
Mayor Suarez: ...which you ought to be ready to address anyhow and before
those monies are spent.
Mr. Bailey: By law, we can only spend it within the redevelopment district.
We cannot go outside of the redevelopment district.
Mayor Suarez: Well, how far north does it go?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Benjamin: You see...
Mayor Suarez: Please, please, wait a minute, Ann Marie.
Mr. Benjamin: Wait, wait, wait...
Mr. Bailey: The redevelopment district goes from N.W. 5th Street to I-395 and
from Biscayne Boulevard to I--95 all the way up to Gibson Park. We have not
spent any money outside of those boundaries.
Mr. Benjamin: Mr. Mayor, I would like to reorganize my approach here,
because...
Mayor Suarez: Yes...
234 April 12, 1990
Mr. Benjamin: ...like Perry Anderson said, it's total confusion. There are
two issues that we are concerned with. The expansion of the tax increment
district to include all of Overtown which would require them a development
plan for the rest of Overtown. And that would facilitate this whole thing we
are talking about. The reason why we addressed the issue of the 2.2 million
dollars and the eight million was to accomplish the development of the rest of
Overtown. Now, whether you tax the Arena or do whatever you like with it, is
of no concern to me...
Mayor Suarez: Why don't we get on to the business of expanding northward the
tax increment district and give instructions to the staff to prepare that if
the Commission, at least, wants to be advised of the consequences of doing
that? So at least we have that going.
Mr. Benjamin: See, when you do that, you must also have a development plan
and that is critical. That's what we're talking about.
Mayor Suarez: Oh, this one, they're going to come up with development plans
and other development plans. You know, at least let's look at the possibility
of expanding the district northward, which is what you want. How far north do
you want it?
Mr. Bailey: That's westward, I'm sorry, Mr. Mayor...
Mr. Benjamin: All the way...
Mayor Suarez: To 20th Street?
Mr. Benjamin: All the way over to - let me give you the map here - I got my
map here. I came prepared this time.
Mayor Suarez: Now, keep it, if you want it to be successful, keep it to
the...
Commissioner Alonso: If we have the $22 million, definitely you will have
plans.
Mayor Suarez: To keep it as small as you possibly can, will still catch the
projects that you're interested in, Don. Even assuming that it passes the
Commission and assuming that the City Manager recommends it.
Mr. Benjamin: You see, even at present, we are not even getting any benefit.
Mayor Suarez: How far north are we talking? How far north is it?
Mr. Benjamin: 20th, 23rd Street.
Mayor Suarez: Twenty-third, see that sounds like a huge widening that's going
to dilute the impact and it's going to be very tough.
Mr. Bailey: Not only that, it goes westward to 12th Avenue.
Mayor Suarez: And they're also talking about westward. I was just thinking
at this point up north to at least cover St. John's projects and...
Mr. Bailey: St. John is covered.
Mr. Benjamin: Well, let me bring up that issue now, Mr. Mayor.
Mayor Suarez: St. John's is covered?
Mr. Bailey: St. John is covered and will be considered in the first bond
issue if we have any money left over.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: All of St. John's is covered. I thought the expressway went
right over the top of it, split it.
Mr. Bailey: No, no, St.. John is in Gibson Park. Gibson Park is in the tax
increment district.
235 Argil 12, 1990
0
Mr. Benjamin: You see, Mr. Mayor, here we go again. St. John's project has
been in this tax increment district from day one.
Mayor Suarez: It is, it is.
Mr. Benjamin: And I remember that we...
Mayor Suarez: I stand corrected on that. It is, it is in the tax
increment...
Mr. Benjamin: Yes, I know. And we came here asking for money for St. John.
As a matter of fact, the executive director, St. John, is here. He is just
putting a proposal for some $700,000. Where are we going with that?
Mr. Bailey: St. John's proposal is being considered by us as probably one of
our first internal applications of monies that we get the tax increment. We
have met with Reverend Nevin several times. We have his plan, we have already
begun to appraise the property in front of the church and we are entertaining
his plan as he's provided to us.
tor. Benjamin: We are talking specifically about a letter the executive
director wrote you, Is that what you're responding to?
Mr. Bailey: I'm responding to the meetings we've had with Rev. Nevin in his
office and in my office regarding the redevelopment plan.
Mayor Suarez: Herb, does that look like it's going to be a recommended item?
Mr. Bailey: It's something that we can, perhaps, it's not that expensive.
We're talking about less than a million dollars.
Mayor Suarez: Yes, that particular item I'm hearing favorably and if you want
a motion that says that we favor it in principle, I'm ready to make that. I
don't know about the rest of the Commission because I don't know how much
everybody else has looked at that project. But if we don't at least get a
million dollars to complete the St. John's concept, then I think we have
really misstated to that community what the impact is going to be of phase II
of Overtown/Park West.
Mr. Benjamin: Well, I'm waiting...
Mayor Suarez: So I'm ready to make that motion.
Mr. Benjamin: Go ahead, Mr. Mayor, I'll be happy to hear...
Mayor Suarez: I'll make it that we instruct staff of the City from the tax
increment funding, to give highest priority and immediate priority to the St.
John's request which at this point, is a little less than a million, I think,
$900,000 roughly?
Mr. Bailey: We think it will be less than a million. We've got some
preliminary appraisals on those properties. It's around $700,000 and we hope
it comes in at that.
Mayor Suarez: All right and I so move in principle,
Commissioner Plummer: In principle, I'll second.
Vice Mayor Dawkins: Any more discussion? Call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 90-307
A MOTION, IN PRINCIPLE, INSTRUCTING THE ADMINISTRATION
TO GIVE HIGHEST PRIORITY TO FUNDING REQUEST FROM ST.
JOHNS; SUCH FUNDS TO COME FROM THE PROPOSED SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT TAX INCREMENT BOND
ISSUE.
236 April 12, 1990
Upon being seconded by Commissioner Plummer, the motion uTas passed and
Edopted 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.
Mayor Suarez: OK, I think we may have put that on a fast track. In the
meantime, take this memo, analyze it and we'll reschedule a discussion of the
right priorities to be taken with the rest of the district, if there's any
money. And if we should be looking at the possibility that maybe the Arena
should be taxed and we should not be opposing that. Maybe the Sports Arena
should be opposing that. I don't know, but we ought to discuss that here and
hear all the implications because as long as that is not taxed, our numbers
people are telling us the entire district will produce only 10 million. We've
got to give six back to the federal government. We've got two allocated for
some acquisitions, Folk Life Historic Village, got nothing left.
Mr. Benjamin: You know, Mr. Mayor, I must thank you very much, but I must
also say this. That, in spite of what Mr. Bailey says, we are not misguided.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I think I agree with you.
54. DIRECT ADMINISTRATION TO IMPLEMENT PLAN "B" - ONE WAY STREETS FOR AREA
BOUNDED BY S. DIXIE HIGHWAY, S.W. 28 STREET, S.W. 22 AND 27 AVENUES.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes?
Commissioner Plummer: Due to the time of the evening, may I suggest that we
take item 56 because of the...
Mayor Suarez: Yes, I think we're going to have to.
(Cheers and applause)
Commissioner Plummer: ...because of the policy - well, wait a minute, the
rest of you better listen. The policy of this Commission, the last item at
9:00 o'clock is the last item. I am leaving after the 9:00 o'clock item.
Mayor Suarez: Did you see my memo on that?
Vice Mayor Dawkins: Now, you're running there to the Mayor, the Mayor ain't
got but one damn vote. You can't all keep running to the Mayor, the Mayor got
one vote.
Mayor Suarez: Please, please, please.
Vice Mayor Dawkins: No, I want him to understand that.
Commissioner Plummer: I have been here twelve hours and I am getting up early
to leave in the morning. The last item, whatever this Commission decides, at
9:00 o'clock, is the last item.
Mayor Suarez: That's correct.
Commissioner Plummer: Sorry, Annette.
237 April 12, 1990
Mayor Suarez: Sorry, we've kept these good folks waiting for ten Commission
meetings, they said. I think that's...
Commissioner Plummer: So anyone other than...
Commissioner Alonso: She's always around, so no problem.
Mayor Suarez: ...under this administration, the all time record. I won't say
anything about the prior administration. I heard it used to be worse.
Commissioner Plummer: Anyone other than this item can go home and we'll see
you in two to four weeks.
Mr. Bailey: J.L., we need to get the resolution on the mausoleum passed. I
got to get that because you missed it last... it's number six and...
Commissioner De Yurre: Are we ready?
- Mayor Suarez: Shoot. What's the recommendation of staff? Dr. Prieto, are
you with us? What's the recommendation of. staff, Doctor?
Dr. Luis Prieto: Recommendation?
Commissioner Plummer: I can't hear you.
Dr. Prieto: I don't think this thing is working. I think you can hear me.
The recommendation of the department is to...
Mayor Suarez: Madam City Clerk, would you please make sure his mike works.
Thank you.
Ms. Hirai: It is working, sir.
Mayor Suarez: Oh, he doesn't seem to be able to get it right.
Ms. Hirai: It is on.
Mayor Suarez:
Somebody's got it wrong.
Ms. Hirai: Let's try the other one. That has been working
all night long.
Mayor Suarez:
We don't care about all night long. We rare
about now.
Mr. Prieto:
I think you can hear me, sir...
Ms. Hirai: Jack,
would you check the connection inside?
Mayor Suarez:
If not, grab this one so we can get on with
this...
UNIDENTIFIED
SPEAKER: Come on over here, Doctor.
Mr. Prieto:
Well, no, I think you can hear me. Basically...
Mayor Suarez:
No, no, we need it because of the recording.
UNIDENTIFIED
SPEAKER: Testing one, testing two...
Ms. Hirai: It
is on, it is on, it is on.
UNIDENTIFIED
SPEAKER: Doctor, you're on.
Ms. Hirai: Doctor, the micro...
Mayor Suarez:
Madam City Clerk, I have instructed him to
go over here so we
can get this
resolved. Yes, Doctor.
Mr. Prieto:
In sununary, sir, we had...
Commissioner
Plummer: I don't have an item sixty.
Mr. Prieto:
...a meeting here on the 29th of March...
238 April 12, 1990
Mr. Bailey: It's a supplemental. _—
Commissioner Plummer: I don't have a... the supplemental. is dead.
Mr. Prieto: ...the first vote was - we had a vote of 20 people did not want
to change the situation in the neighborhood versus 35 people that did want to
change the situation in the neighborhood.
Mayor Suarez: What is the latest proposal?
Mr. Prieto: The latest proposal with the greatest number of votes is 27 votes
on proposal "B" that if you excuse me, I'll put on the board.
Mayor Suarez: OK, now, maybe we can get the mike to work now.
UNIDENTIFIED SPEAKER: What item is it?
Commissioner Plummer: What?
Commissioner Alonso: Fifty-six.
Commissioner Plummer: On fifty-six.
Commissioner Alonso: And they gave us a supplement and you were rejected?
You were rejected?
Commissioner Plummer: What?
Commissioner Alonso: In getting a supplemental.
Commissioner Plummer: There is no supplemental agendas.
Commissioner Alonso: They gave us one.
Commissioner Plummer.: This.
Commissioner Alonso: Yes.
Commissioner Plummer: No, this is on the agenda. This is 56.
Commissioner Alonso: Yes.
Commissioner Plummer: It's 60. Sixty is out.
Mayor Suarez: OK, now maybe we can get the mike to go on now. There we go,
it sounds good. You want to try the hand held one, Doctor? Now that the
other one seems to be working. Yes, it sounds good.
Mr. Prieto: Yes, this is item 56. In this proposal, which has the greatest
number of votes, as you...
Mr. Fernandez: He has it already, he gave it to him.
Commissioner Plummer: I can't hear you.
Mayor Suarez: Please in the back! Lieutenant! Please! This Commission
meeting has not ended. We need order in the chambers, please, Chief.
Mr. Prieto: Greatest number of votes 27 was for this solution. Basically, it
is a difficult solution to get into the neighborhood, but I think that's the
basic intent. As you can see, traffic flows away from 24th Avenue in the
center, both east and west going towards 22nd Avenue and 27th Avenue. This is
a solution that they want the most, followed by the solution in "A" which is
very similar with 17 votes. The least votes was the Public Works solution
which was basically a westward flow on 28th and eastward flow on 27th.
Mayor Suarez: You came in at the lowest end of scale here, huh?
Mr. Prieto: Yes, sir.
Mayor. Suarez: I think of a few... I think of a few candidates...
239
April 12, 1990
Commissioner Plummer: Let me ask this question. Doctor, what I would call
27th Way, what is the street north of 27th Lane?
Mr. Prieto: Twenty-seventh Terrace A.
Commissioner Plummer: Twenty-seventh Terrace?
Mr. Prieto: Yes, sir.
Commissioner Plummer: Are you proposing anything for the protection of those
people?
Mr. Prieto: No, sir, not on this plan, sir. In fart, some of them were at the meeting and there was no proposal to protect that area.
Commissioner Plummer: Do you feel that this will put an undue burden on 27th -_
Terrace?
Mr. Prieto: No, and I'll explain why.
Commissioner Plummer: No, don't have to. That's all I want to hear. _
Commissioner Plummer: Is this in accord? Is there anyone in objection?
UNIDENTIFIED SPEAKER: Yes, this is what we...
Commissioner Plummer: Oh, hello there.
Mayor Suarez: OK, as to the objectors, can we hear briefly from the
objectors, please? Quickly and please don't be repetitive. I guess we all
know the layout of the area fairly well and...
-- Mr. James F. Armstrong: Mr. Mayor, and Commissioners, I spent quite a while
last Saturday —my name is James F. Armstrong and I live at 2238 S.W. 27th
Way. The street you were just asking about, Commissioner Plummer. I'm very
definitely opposed, not only to this plan but to any such plan in this
-f neighborhood. Furthermore, I am very highly in favor of reverting back to the
status quo prior to your erroneous action last year in which you allowed the
_ placement of those barricades along Aviation Avenue and 27th Avenue. There
are really two issues at stake here, one, is it really fair for any set of
citizens to remove their problem by transferring it on to any other group of
citizens? I think the answer to that must be no. The other question that I =
think is very germane is, is it right and fair and is it this Commission's
duty to allow any such proposal to be put forth and to be approved to the
detriment, not, you know, that's a benefit of a very few, but to the detriment
of quite a lot more people?
Commissioner Plummer: Tell me again where you live.
Mr. Armstrong: S.W. 27th Way, the street you were just asking about that they
have on their erroneously as Terrace A. That used to be the name of the
street, the little one block long street there, which it will be one of the
streets...
Commissioner Plummer: You're saying that it's twenty... the street north of
27th Lane is 27th Way?
Mr. Armstrong: Over to the right, yes. That little one block long stretch.
The angled street there to the north is 27th Terrace.
Commissioner Plummer: Oh, I see.
Mr. Armstrong: Yes. Years ago this Commission changed it from Terrace A to
Way.
Commissioner Plummer: Yes. But you live on the other side of 28th Street.
Mr. Armstrong: I contend that this will greatly increase the traffic on 27th
Terrace.
Commissioner Plummer: But wait, wait a minute. What this man is telling me,
sir, on 26th Avenue, you can go either way according to this map. So, you can
get in from 26th Avenue.
240 April 12, 1990
s
Vice Mayor Dawkins! Which one got the most votes?
Mr. Armstrong: Yes, but the issue is east and west.
Mayor Suarez: Explain quickly, just so we know - explain quickly, quickly,
Doctor, and simply...
Mr. Prieto: Yes. _
' Vice Mayor Dawkins: Which plan got the most votes?
--
Mayor Suarez: The plan that got the most votes is to do what?
Mr. Prieto: The plan that got the most votes is what you're seeing on the
screen right now.
Mayor Suarez: To do what? What will it do, Doctor?
Mr. Prieto: Essentially, what it does is the only way you can get in is
through 24th Avenue on U.S. 1 here.
Mayor Suarez: Right.
Mr. Prieto: And then move either west in this direction or east in this
direction.
Mayor Suarez: What streets does it block or what streets does it change the
present flow?
Mr. Prieto: Well, the present flow ride is double direction everywhere here.
Mayor Suarez: The plan changes the flow on what streets, Doctor?
Mr. Prieto: Basically, on 28th you can only go west in this region and east
in this region here, east on 27th Lane and west on 27th Lane over here.
Mayor Suarez: So, it's all one way streets...
Commissioner Plummer: Yes, but, no, you see...
Mr. Prieto: One way.
Commissioner Plummer: Let me tell you what that doesn't accomplish. If you
come in on 24th Avenue, you go 27th Terrace to 26th Avenue to 27th Avenue,
it's still a short cut which everybody is trying to avoid the light at 27th.
Vice Mayor Dawkins: May I ask one question for clarification?
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: What was the object of having a vote?
Mr. Prieto: The object was to...
Vice Mayor Dawkins: Yes, sir, yes, sir.
Mr. Prieto: ...to try and reduce the traffic in that street.
Vice Mayor Dawkins: No, no, no, what was the object of having people vote on
plans to see what plan was liked and disliked? Why did we do that?
Commissioner. Plummer: You know, I think this is going to be...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Prieto: It concerns us.
Commissioner Plummer: If they just go with 27th, 27th Terrace and make it one
way east, it will take care of it.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
241 April 12, 1990
Mayor Suarez: Please, please, please. There was a rhetorical question, he
got answer, is to find out what people wanted. That's what he said.
Vice Mayor Dawkins: So I move the one the people wanted.
Mayor Suarez: Right. That's plan B.
Commissioner Plummer: No, they can't do anything. Then they got to go all =
the way to Tigertail.
Mayor Suarez: Plan B, wait, Ma'am, you can up as an objector to plan B. You
can go up and be heard. The ones that support it, we'd like not to hear too
much from - and the ones from our staff, we'd like a nice, simple answer to
our questions. As to Plan B, we have a motion. Do we have a second?
Commissioner Plummer: Mr. Mayor, who made the motion?
Commissioner Alonso: To approve...
Mayor Suarez: Plan B.
Mr. Armstrong: You left this
Mr. Prieto: Yes, I did.
Mr. Armstrong: I can only come this way.
Mr. Prieto: You're right.
Mr. Armstrong: .... right here.
Mr. Prieto: You're right.
Commissioner Plummer: I like Plan B with one exception. All right?
UNIDENTIFIED SPEAKER: And you can't get out that way and you...
Mr. Armstrong: I wish I could get out this way.
Commissioner Pluinmer: My one exception, Doctor, is if, you know, the way
these streets are named, I'm going to call it 27th Terrace on your map. OK?
If that were to be restricted one way going east, OK? That's right. Then, I
say you have accomplished something. OK? If you don't do that, all you're
doing is over burdening 27th Terrace, 26th Avenue and 28th Street to get to
27th. By putting one way on 27th Terrace, east, or north, they can't do that
and I think that would accomplish what is necessary.
Mr. Armstrong: Mr. Plummer.
Commissioner Plummer: Sir?
Mr. Armstrong: I have to say that if this plan is passed, you make it
impossible for anyone to enter the neighborhood from the west other than going
down 27th Terrace.
Commissioner Plummer: No, sir, not at all.
Mr. Armstrong: Yes.
Commissioner Plummer: You're wrong.
Mr. Armstrong: Or Tigertail.
Commissioner Plummer: No, sir, they can go Dixie Highway to 26th Avenue.
Mr. Armstrong: OK, they can, but will they? No, they will not. People take
the...
Commissioner Plummer: Sir, I can't answer, will they?
Mr. Armstrong: People take the easiest, route...
242 April 12, 1990
_ Mayor Suarez: Please, the people who are against will get a chance to have
c
their say. This is not a back and forth thing, make your statement.
Mr. Armstrong: My statement is, that you cannot get into the neighborhood
from the west if this is passed other than going out on Dixie Highway or onto
Ti.gertail and you cannot enter it from the east other than using 27th Terrace, _
27th Way, or Lincoln Street. Now, this plan is erroneous in that it does not
even show the whole neighborhood and not only that, it does not - the
advertisement that went out only went to a thousand feet from the streets
involved and, therefore, it did not reach all of the citizens who are
=i affected.
Mayor Suarez: OK. All right, anything further on the objectors to Plan B?
Mr. Tom Spear: Yes, Tom Spear, 2458 S.W. 27th Lane. I agree with the
gentleman for all the objections above and to indicate to you...
Mayor Suarez: Doctor, can you point out where his home is as long as we're
hearing from another objector?
Mr. Spear: 2458 S.W. 27th Lane.
Mayor Suarez: And see how it's affected, the flow.
Mr. Spear: If you look at the one way street system, the only way you can get
out of the neighborhood by going either east or west. To get back into the
neighborhood, you have to use Dixie Highway, which is a very busy highway,
which you all know, and you have to come in on the north side by 24th Avenue
only. You know, it's an unlit intersection, very dangerous, rush hour
morning, evening traffic and so on and so forth. We were promised, I believe,
traffic counts to help go along with this input here. We have not gotten the
traffic counts, new traffic counts in the recent past. I don't know how we
can make a decision on incomplete information and for all the above...
Commissioner Plummer: Doctor, have you done traffic counts since the
barricades and such have gone up?
Mr. Prieto: Yes, sir, and they were discussed at the meeting we had here.
Commissioner Plummer: And what did they show?
Mr. Spear: Which traffic counts were these, because, as I understand, it's
about a week ago I talked to the County people, and they had scheduled the
traffic counts, but I live in the neighborhood, I go out and in at least once
a day and I have seen no counters.
Mr. Prieto: These counts were taken by the department previous to the
barricades and after the barricades...
Mr. Spear: No.
Mr. Prieto: ...at several intersections, but primarily this intersection here
had a traffic count of 1,728 vehicles a day with different directions. It
drops to 1,353 after the barricades. That means the traffic has reduced by 22
percent since the barricades are in. Now...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: He's just answering as to that street. If you want to argue
about other streets, you're welcome to come up to the mike. He's at the mike
now.
Mr. Spear: What were the dates of the count, sir? -because, you know, they
were requested by the County, or to the County about a week or so ago.
Mr. Prieto: No, these counts are done by Public Works traffic department.
Mr. Spear: When? Date? Time? Do you have new counts within the last 2
weeks?
Mr. Prieto: These are counts that have been done in the...
243 April 12, 1990
Mr. Spear: Do you have two traffic counts within the last two weeks?
Mayor Suarez: Wait, sir, you're not letting him answer, Mr. Spear.
Mr. Prieto: One was done before the barricades and the other one has been
done about a month ago.
Mr. Spear: No, as I understand it, I've worked with the County people. I
have talked to the County people and they said they were only scheduled about
a week or ten days ago.
Mr. Prieto: These are a Department of Public Works, City of Miami.
Mr. Spear: I have not seen any counters.
Mr. Prieto: These have been shown, were shown on the 29th of March meeting,
sir. If you did not see them, I regret it.
Mayor Suarez: All right, any further statements?
Mr. Marvin Crystal: My name is Marvin Crystal. I live at 3150 Freeman
Street, which is at the end of Tigertail and Freeman. And by this plan, there
will be an increase in traffic on Tigertail, and I called the Public Works
Department, spoke to someone over there, and I've asked, how would these plans
going to effect the increase of traffic on Tigertail? No one can answer the
question, no one has any idea how it will. increase the...
Mayor Suarez: Let's see if they have an answer now. What do you think the
affect will be on Tigertail?
Mr. Prieto: Basically, it will be minimal. We don't...
Mr. Crystal.: How can you say it's going to...
(Crowd noise)
Mayor Suarez: Waitl He's answering a question. Go ahead, Doctor.
Mr. Prieto: We have ascertained, contrary to what we thought at the
beginning, that, in fact, there is no impact on this particular area from the
barricades south of it. Now, I must confess that I was one of the people that
thought that the barricades south of this neighborhood would severely impact
the neighborhood. Our traffic counts do not bear that information.
Mayor Suarez: OK. All right, anything further?
Mr. Crystal: Doctor, how can you possibly say that, make that statement, when
there are now traffic signs at the corner of 22nd and Tigertail?
Commissioner Plummer: And they've been wonderful.
Mr. Crystal: They have slowed down the traffic considerably.
UNIDENTIFIED SPEAKER: But they have not slowed it down enough.
Mr. Crystal: But, the thing is, if you're putting traffic signs in there,
obviously there had to be an increase in traffic to jus...
Commissioner Plummer: No, sir, that was not the case and if you'd listen for
one minute, we'll tell you. Our concern was the speedway that existed from
27th - from 17th Avenue to Aviation...
Mr. Crystal: All right.
Commissioner Plummer: This eliminated the speedway.
Mr. Crystal: Well, sir, I live on that corner and I'll tell you right now,
the people are not stopping at the stop signs.
Mayor Suarez: That's always a problem.
244 April 12, 1990
Mr. Crystal.: They're going through the stop signs and they're still speeding
because I woke tip at 5:00 o'clock this morning to a speeding truck.
EVA-
Commissioner Plummer: Mr. Manager, you have heard a great source of new
revenue for the City.
Mr.. Crystal: Thank you.
Mayor Suarez: All right, last statement by objectors.
Mr. Anthony Tzamtzis: My name is Anthony Tzamtzis, I live on 2421 Tigertail
Avenue. I just would like to state that there is a shortsightedness about
this plan because it does not involve the whole neighborhood. The traffic
changes that have been generated by the location of the - by the barricades
and all these changes are affecting severely Tigertail Avenue. It's bumper to
bumper traffic. I'm serious. I can't get out of my driveway between 4:30 to
6:00 o'clock. It's ridiculous that what I hear that...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, ma'am.
Mr. Tzamtzis: All the statements that the traffic has not been affected are
ridiculous. I mean, all you have to do is just go there and see from 4:30 to
6:30. I can't get out of my driveway.
Commissioner Plummer: Mr. Mayor, let me disagree in this particular point.
Sir, if you were talking and your arguments would have maybe held true when we
did the barricades on Aviation.
Mr. Tzamtzis: We were here and we spoke...
Commissioner Plummer: Can I finish? I didn't interrupt you. I don't see
that pertaining here. The people who are the basic offenders in this
particular area and keep it an unsafe neighborhood, are the people who are
trying to avoid the traffic light at 27th Avenue and Dixie. So, I don't see
any bearing from what this proposal here does would have, in effect, on
Tigertail. The barricades prior would have.
Mr. Tzamtzis: I disagree with you totally. I live - I've been living for 12
years on this location, sir.
Commissioner Plummer: That's what makes ball games.
Mr. Tzamtzis: Well, we're playing ball now.
Mayor Suarez: OK, we have a motion and a second. Any fast statement by
objector?
UNIDENTIFIED SPEAKER: Oh, yes.
Mayor Suarez: No, I wouldn't... if you were supporting this, I wouldn't make
any statement. Objector?
Dr. Albert Margolis: Yes.
Mayor Suarez: Go ahead, sir, your name and what the grounds is for your
objection.
Dr. Margolis: My name is Dr. Albert Margolis and I live at 2910 Calusa Street
and 24th Avenue and Calusa Street will become the main thoroughfare in. Now,
if I come from north from town, I have to go to 22nd Avenue, I turn into 27th
Terrace, and 24th Avenue. And I live on Calusa Street and that will become a
very, very trafficked area and it's only 1.6 feet in width, the whole street.
Mayor Suarez: There are some traffic obstructions and barricades and so on
that actually have the effect of creating a disincentive for people to go into
the neighborhood at all and actually reduce traffic. That has happened. You
know, it's not like water flowing, you know, some people just get the idea
they can't go into that neighborhood unless they're going in there for a
particular reason. We see that apparently having taken place somewhat. It's
an interesting result and I'm not contradicting you, just sort of saying the
opposite may be reflected in the figures we have, they may not be accurate.
245 April 12, 1990
Dr. Margolis: But How can people come and find my place on 29th...
Mayor Suarez: Well, the thing is, that only the people that are going to go
to your place tend to go into the neighborhood if they feel that they're going —
to be obstructed by many different traffic schemes that we have put into that
area. —
Commissioner Plummer: And if they go Calusa, they got to go to Tigertail.
Dr. Margolis: We can go out, but we can't come in.
Mayor. Suarez: Whether it was a wise idea to ever get into it, is another
interesting philosophical question and policy question. Anyhow, we have a
motion and a second, any further discussion?
Mr. Armstrong: May I make one other point?
Mayor Suarez: Yes, please.
Mr. Armstrong: There are a lot of concerns here, as I've expressed. In this
memo, they don't have anything...
Mayor Suarez: Put your name in the record one more time, just so that we
can...
Mr. Armstrong: James F. Armstrong...
Mayor Suarez: Yes, Mr. Armstrong,
Mr. Armstrong: A lot of concerns here about the convenience of the residents
getting to and from their own homes. The Police, the Fire, and the Solid
Waste Departments getting to the places they have to go to. I think there
could even be some liability issues here for the City and perhaps the City
Attorney might want to address that.
Mayor Suarez: Mr. City Attorney, is the fact that...
Mr. Armstrong: It's not just traffic.
Mayor Suarez: Does the fact that we could conceivably be creating a little
bit more difficult a situation for them getting in and out of the
neighborhood, does that create a liability for us?
Mr. Fernandez: No.
Mayor Suarez: All right, any further discussion from the Commission?
UNIDENTIFIED SPEAKER: Yesl
Commissioner Plummer: Let me ask the maker of the motion, my concern on 27th
Terrace. Would it include an eastbound one way on 27th Terrace? If that is
included, I will vote for it.
UNIDENTIFIED SPEAKER: The people that live on that street said they did not
want.....
Mayor Suarez: Sir, if you need to address the Commission, we're going to need
you to come up to the mike.
Commissioner Plummer: OK. I...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: OK. What is the period of time, I'm assuming this is a
test?
UNIDENTIFIED SPEAKER: Ninety days.
Mr. Prieto: Ninety days, sir.
Commissioner Plummer: Ninety days? That's fine.
246 April 12, 1990
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Ninety days is fine. -
Mayor Suarez: We have a motion and a second. We've established a period of
time. Any further questions from the Commission? If not, please call the =
roll.
= Ms. Millicent Garris: May I be heard?
- Mayor Suarez: Objecting?
Ms. Garris: Objection. —
Mayor Suarez: I thought we had the last one. Go ahead, very briefly, ma'am.
Ms. Garris: My name is Millicent Garris, I live at 2515 S.W. 28th Street and
I will be affected by this change because the only way I'll be able to get out
- of my street and even to go E-Z-Qui.k or to the market is to go out to 27th
Avenue and turn left. No one has addressed the traffic problems on 27th —_
Avenue and how impossible and dangerous it is to get out of that street at _
certain times of the day and make a left turn onto 27th Avenue. That's the
only way...
Commissioner Plummer: Let me ask a question of you.
Ms. Garris: Yes, sir.
Commissioner Plummer: If you were to go out today without those signs, how
would you go to E-Z-Quik?
Ms. Garris: I used to go out Bird Road.
Commissioner Plummer: No, no, no. Now don't talk about the barricades that
are already in place.
Ms. Garris: I go up and go out Tigertail, I go up that first street and go
out Tigertail to Bird Road.
Mayor Suarez: Please, please, please. She's answered.
Commissioner Plummer: Ma'am, you still can do that.
Ms. Garris: No, sir, I can't.
Commissioner Plummer: Yes, you can, by this plan you can make a right hand
turn...
Ms. Garris: I cannot turn left after - I live at 2515 S.W. 28th Street. I
cannot turn left out of my driveway.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
UNIDENTIFIED SPEAKER: Yes, you can, the middle is two ways.
Commaissioner Plummer: Wait a minute, gait a minute...
Ms. Garris: I don't live in the middle, sir. I live in the leg that goes...
Commissioner Plummer: 2518 is one way west. You can still go west to Calusa
and down Calusa to Tigertail.
Ms. Garris: 2515...
Mayor Suarez: Please, please, please, we're going to see it right on the
board because she's going in that direction.
Ms. Garris: And this is the only way that I can get out.
Commissioner Plummer: Oh, I see, she's right, she's right.
247 Aprii 12, 1990
Mayor Suarez: And you can only do it by taking a left on 27th Avenue.
Commissioner Plummer: She's right.
Ms. Garris: That's how everyone does the easy way.
Mayor Suarez: Unless you go in the opposite direction and go all the way
around the world and you end up on the other side. Sorry about that.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes, yes, yes, I know what you're saying. It is not a good
situation for you from your perspective.
Mr. Garris: No - well, from anybody that lives on that street.
Mayor Suarez: Well, some streets are more affected, that's true. OK,
Commissioners, we have a motion and a second. Any discussion from the
Commission? Mr. City...
Commissioner Plum -per: Tell me what the vote again was.
Mr. Prieto: Originally it was...
Commissioner Plummer: No, on this plan. What was....
Mr. Prieto: This one was - Plan "B" was 27, Plan "A" was 17, and Plan "C", I
think, was seven.
Commissioner Plummer: Twenty-seven, is that in favor?
Mr. Prieto: In favor.
Commissioner Plummer: And how many opposed?
Mr. Prieto: Well, the remainder - there were 71 people and some people didn't
vote so it was 27...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Garris: But most people voted for "B". "B" was the majority five times.
Mr. Crystal: There were five votes, your honor, and they were all - everytime
that this Plan "B" came up number one. Five different votes they took.
Commissioner Plummer: OK.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, yes, no, it... OK, any further discussion from the
Commission? Pleasel Any further discussion from the Commission? If not...
UNIDENTIFIED SPEAKER: May I say something?
Mayor Suarez: No, no, that's it. I'm closing off debate.
Commissioner Plummer: Where did you come from?
Mayor Suarez: I'm closing off debate. Sir, you're out of order! You are out
of order. We're going to vote on this motion. Any further discussion from
the Commission? If not, please call. the roll.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You are out of order!
UNIDENTIFIED SPEAKER: I just walked in here, sir.
Mayor Suarez: Yes, well you walked in 21 minutes after we usually recess.
UNIDENTIFIED SPEAKER: We've been here since five.
248 April 12, 1990
UNIDENTIFIED SPEAKER: Five o'clock.
UNIDENTIFIED SPEAKER: We're here since 5:00 o'clock.
Mayor Suarez: Sir., we recess at 9:00. We are 21 minutes beyond that. You -_
are out of order.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You want to make just a quick one minute statement because
we're going to have a stand off here otherwise. Go ahead and make a one
VIM -
minute statement. Give us your name first. -
Mr. Leonard Ralby: My name's Leonard Ralby and some people know me. I think
you do, Mayor. I got a little stake along 28th Street. I wasn't for the
barricades, and I'm the only person here that paid for barricades. Me. I _—
paid out of pocket. Everybody else got theirs for nothing. And I wasn't for —_
them. But I'll admit, they're OK. They're not that bad. The best thing
we've done is we've put stop signs on 22nd Avenue and Tigertail. Then maybe
they should have been up there ten years ago, but to start right now turning -_
these streets around, one waying it, I think it's a little bit premature.
Mayor Suarez: All right, thank you for your statement. We have a motion and
a second. Any further discussion from the Commission? If not, please call
the roll.
Ms. Hirai: Excuse me, Mr. Mayor, I need a second.
Mayor Suarez: Mr. Perez-Lugones, please, I can only do one thing at a time.
Do we have a motion and a second, Madam City Clerk?
Ms. Hirai: I have a mover, I need a second, Mr. Mayor.
Vice Mayor Dawkins: I moved it, I don't know...
Mayor Suarez: Somebody second the motion.
Commissioner De Yurre: I'll second the motion.
Mayor Suarez: Seconded, call the roll.
UNIDENTIFIED SPEAKER: Thank you.
Commissioner De Yurre: That doesn't mean I'm going to vote for it.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-308
A RESOLUTION, WITH ATTACHMENT, URGING METROPOLITAN
DADE COUNTY TO TAKE STEPS WHICH WILL RESULT IN THE
INSTALLATION OF TRAFFIC REGULATORY SIGNS IN THE NORTH
COCONUT GROVE NEIGHBORHOOD OF THE CITY OF MIAMI,
FLORIDA, ON A NINETY (90) DAY TRIAL. BASIS, IN
SUBSTANTIAL ACCORDANCE WITH THE ATTACHED AMENDED PLAN
"B"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE IiEREIN NAMED OFFICIALS.
(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:
249 April 12, 1990
AYES: Commissioner J. L. Plumme,�-, Jr.
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
UNIDENTIFIED SPEAKER: What is it going to be?
Vice Mayor Dawkins: He ':ote no, he just want to get out of here.
--------------------------------------------------------------------------------
55. (A) RESCHEDULE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR APRIL
26TH TO BEGIN AT 2:00 P.M.
(B) CONTI11UE ALL :ITEMS NOT TAKEN UP ON THIS DATE TO APRIL 26TH
RECONSIDER PRIOR VOTE AND RESCHEDULE APRIL 26TH MEETING TO NOW
BEGIN AT 11:00 A.M.
-----------------------------------------------------------------------
Mayor Suarez: We need a motion to set the meeting of April 26th for 2:00 p.m.
I'll entertain a motion on that.
WE -
Commissioner Plummer: So move.
UNIDENTIFIED SPEAKER: So wonder what happened? So we passed?
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the = —
roll.
UNIDENTIFIED SPEAKER: Oh, so we passed. So we have Plan "B"? Oh, good, so _=
we have this.
Mayor Suarez: Let me just call the roll on this.
AT THIS POINT, THE CITY CLERK CALLS THE ROLL ON THE ABOVE MOTION.
Mayor Suarez: Yes, was it on this issue? On the setting...?
Mr. Odio: Yes, on the time because I'm going to schedule... it's important =_
that the Heat offer... I had a call from the Ted Arison's attorney that he -_
wants to settle the matter of the Heat and...
Mayor Suarez: What time would you suggest that we meet? —
Mr. Odio: We have to advise the Overtown Advisory Board and have a public
hearing because we're getting two points of view from that community on where -_
the gym should go. And the only way I can resolve this is to bring it to a
head. _
Mayor Suarez: So what time would you like to schedule the meeting to begin?
Mr. Odio: I don't know...I really don't know how long...
Mayor Suarez: You want to have a br.:ef morning meeting or do you want to have
a 1:00 o'clock starting time or...
Mr. Odio: Well, we have 18 items left today.
Mayor Suarez: Sir, please! You know we had a very difficult issue here
tonight and everyone on both sides of that issue acted lawfully and orderly,
so please. We've got other items to handle here. You're not satisfied with
the decision? God knows there are decisions here people are not sat...
please! The vote was three to two in favor of the test, if I understood it
correctly. All right, Mr. Manager, so what do you suggest?
250 April 12, 1990
Mr. Odio: The only question, I don't know how long i.t's going to take to
discuss this issue. But it has to be brought to a head, or we're going to —
lose the offer, and T think it's going to take about an hour.
Mayor Suarez: So what time would you suggest, Mr. Manager?
Mr. Odio: At 1:00 o'clock do you think is ...
Mayor Suarez: Do you want to try 1:00 o'clock, Commissioners?
Mr. Odio: We have 18 items left from today and some of them could be long and �^
some...
- Mayor Suarez: We could start in the morning and just take a recess at lunch -_�—
and then come back at 2:00. That's another way to do it.
Mr. Odio: We could do that. Let's do that.
Mr. Jorge Fernandez: You need to set that by resolution if you're going to...
Mayor Suarez: What is your preference? Who do we have left here?
Mr. Odio: Rather come in at 1:00? -
Mayor Suarez: Wait, wait, do we even have a third vote here?
Mr. Odio: No.
Commissioner Alonso: We don't have it.
Mayor Suarez: What time would you want?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, let's set the meeting to begin at 11:00 in the
morning and we go ahead and take our lunch recess.
Mr. Odio: OK, you want to schedule the Heat for 11:00?
Mayor Suarez: Yes, 11:00 o'clock for the Heat issue.
Mr. Odio: You have to notify the committee.
Mayor Suarez: So moved. Seconded by Commissioner Alonso, hopefully. Call
the roll.
Commissioner Alonso: Yes.
Mayor Suarez: Thank you. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-•309
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF APRIL, 1990, TO TAKE PLACE ON
APRIL 26, 1990, AT 11:00 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:
251 April 12, 1990
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner. J. L. Plummer, Jr.
Vice Mayor Miller Dawkins.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION. THE MEETING HAS ADJOURNED AT 9:26 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Halter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y O R
7� I NCORPAORATEID
18096
0
252 April 12, 1990
i�R--
CITY Oh F MIAMI
DOCUMENT INDEX
!"=
WE7M MTL- APRTL 12, 1990
IMAGE to: 1 Of 4
CLAIM SETTLEMENT: ARTHUR ROBY ($86,000)
RESCIND MOTION 89-979 - ELIMINATE REQUIREMENT OF PRIOR
COMMISSION APPROVAL OF DOWNTOWN DEVELOPMENT AUTHORITY PRINTED
MATERIAL.
DECLARE ONE SURPLUS VEHICLE AS CATEFORY "A" SURPLYS CITY STOCK
DONATE TO MIAMI CAPITAL DEVELOPMENT, INC. FOR SERVICE TO THE
COMMUNITY.
APPROVE PURCHASE OF TRANSPORTABLE ROBOT - ALLOCATE FUNDS FROM
LAW ENFORCEMENT TRUST FUND.
ACCEPT BID: VILLA CLARA STORE - FOR FURNISHING T'SHIRTS TO
FIRE DEPARTMENT .
ACCEPT BID: SAT/COM, INC. - FOR FURNISHING AND INSTALLATION
OF TURNKEY 'rvRO STATION (SATELLITE RECEIVING STATION) FOR FIRE
DEPARTMENT.
ACCEPT BID: P & M RECREATION AND SPORTING GOODS, INC. - FOR
FURNISHING MISCELLANEOUS PARK EQUIPMENT FOR EAST BAY VISTA PARK.
ACCEPT BIDS: (A) OAKS WHOLESALE DISTRIBUTORS AND (B) LAWMEN'S
AND SHOOTERS - FOR FURNISHING AMMUNITION AND RANGE SUPPLIES
TO POLICE DEPARTMENT.
ACCEPT BID: I14TREPID THREE COMPANY (BASE BID "B" ) - FOR
MODIFICATIONS TO FIRE STATION NO. 1. ($59,450.00)
ACCEPT BID" WILLIAMS PAVING COMPANY, INC. - FOR LOCAL DRAINAGE
PROJECT E-62
ACCEPT BID: POOLE AND KENT COMPANY - FOR LAWRENCE STORM SEWER
PUMP STATION - MODIFICATIONS, PHASE I.
EXECUTE AGREEMENT WITH SHARPTON, BRUNSON AND CO., CERTIFIED
PUBLIC ACCOUNTANTS (CO -PARTICIPATION WITH ALDO LASTRA, JR.) -
TO ANALYZE FINANCIAL VIABILITY OF PROPOSALS TO BE SUBMITTED
IN RESPONSE TO REQUEST FOR PROPOSALS FOR VIRGINIA KEY BASIN
UNIFIED DEVELOPMENT PROJECT.
ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF
PORTION OF ORANGE BOWL STADIUM BY MIAMI BY MIAMI '94 GROUP,
INC. (REPRESENTING MIAMI FREEDON PROFESSIONAL SOCCER TEAM)
- FOR PRESENTATION OF ANNUAL SEASON HOME SOCCER GAMES ON
SELECTED DATES.
AUTHORIZE ISSUANCE OF REVOCABLE PERMIT TO INSTITUTO DE CULTURA
HISPANICA - FOR USE OF A DESIGNATED AREA IN THE MANUEL ARTIME
COMMUNITY CENTER.
AU`1'HORIZE ISSUANCE OF REVOCABLE PERMIT TO LITTLE HAVANA
DEVELOPMENT AUTHORITY - FOR USE OF A DESIGNATED AREA IN THE
MANUEL ARTIME COMMUNITY CENTER..
AUTHORIZE ACCEPTANCE OF A RENTAL REHABILI`i'ATION PROGRAM GRANT
BONUS FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) - FOR AFFORDABLE STANDARD HOUSING, FOR LOWER INCOME
FAMILIES.
SAL GOOF No
(RESOLUTIONS)
90-0246
90-0247
90-0248
e�-
90-0249 -
90-0250,
90-0251
90-0252
90-0253
90-0254
90-0255
90-0256
90-0257
90-0258
90-0259
90-0260
90-0161
r• r
AUTHORIZE OFFER AND EXECUTION OF AGREEMENT FOR PURCHASE AND SALE
WITH GARY JOHNSON - FOR ACQUISITION OF ONE PARCEL WITHIN WYNWOOD
COMMUNITY DEVELOPMENT TARGET AREA TO BE USED IN CONNECTION WITH
THE CITY'S SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVELOPMEN
PROGRAM.
AUTHORIZE ISSUANCE OF REPLACEMENT FLORIDA GENERAL OBLIGATION
($5,000) -- TO SUBSTITUTE LOST BONDS.
GRANT REQUEST BY THE CITY'S COMMITTEE ON BEAUTIFICATION AND
ENVIROMENT FOR DESIGNATED STREET CLOSURES CONCERNING A CLEAN-UP,
FIX -UP, PAINT -UP PARADE.
APPROVE USE OF DESIGNATED STREETS DURING PROCESSION CONDUCTED BY
RENOVATION CARISMATICA CATOLICA HISPANA.
GRANT REQUEST BY THE GREATER MIAMI RUNNING ASSOCIATION FOR
DESIGNATED STREET CLOSURES CONCERNING THE MANUFACTURERS HANOVER
CORPORATE CHALLENGE.
RATIFYING, APPROVING AND CONFIRMING EMPLOYMENT OF DANIELS, :MASON
AND KASHTAN, PA (LAW OFFICES) - AS CONSULTANTS IN CONNECTION WIT;
THE CASE OF MCNEW MARINE CONSTRUCTION, INC. VS. CITY OF MIAMI VS.
RONALD A. FRAZIER AND ASSOCIATES, ET AL (BAYFRONT PARK)
ACCEPT BID: MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC.- FOR
FURNISHING MAINTENANCE SERVICES TO MTX RADIOS FOR G.S.A.
DEPARTMENT.
RATIFY MANAGER'S ACTION STOPPING PAYMENTS TO BUILD -ALL CONSTRUC-
TION, CORP. REGARDING EDISON DECORATIVE SIDEWALK IMPROVEME14T
PROJECT PHASE I - RESCIND PREVIOUSLY AWARDED CONTRACT.
(RESO.LUTION 89-365)
GRANT REQUEST BY MUSCULAR DYSTROPHY ASSOCIATION FOR DESIGNATED
STREET CLOSURES CONCEPNING 12TH ANNUAL COCONUT GROVE BED RACE
AND PAJAMA 5K RUN - ESTABLISH TEMPORARY PEDESTRIAN MALL.
CONDITIONALLY RECOGNIZE MIAMMI ANNIVERSARY COMMITTEE, INC. AS
COORDINATING BODY OF EVENTS TO BE HELD COMMEMORATING THE
CENTENIAL ANNIVERSARY OF THE FOUNDING OF THE CITY.
APPROVE $251000 TO PROMOTE 1990 GOLDEN GLOVES CHAMPIONSHIPS,
AND $15,000 FOR FEASIBILITY STUDY ON PROPOSAL TO BRING HOCKEY
TO SOUTH FLORIDA.
DESIGNATE CHRIS KORGE, ESQ. AS LOBBYIST FOR THE MIAMI SPORTS
AND EXHIBITION AUTHORITY - DESIGNATE AMOUNT NOT TO EXCEED
$13,000, PLUS $2,000 FOR EXPENSES.
SELECT TGE 1990 BUDWEISER UNLIMITED HYDROPLANE REGATTA AS THE
CITY'S FIRST OF FOUR 1990 SPECIAI. EVENTS TO BE HELD AT MARINE
STADIUM - PROVIDE FOR EXISTING CONCESSIONAIRES' RELEASE OF
ALL CONCESSION RIGHTS TO THE CITY DURING THE EVENT - DIRECT
MANAGER TO SELECT THE THREE REMAINING EVENT DATES - AUTHORIZE
AGREEMENT WITH VOLUME SERVICES, INC. FOR FOOD AND BEVERAGE
CONCESSIONS DURING THE EVENT - ESTABLISH CONCESSION FEES, ETC:.
PAGE__2OF 4
APRIL 12, 1990
RETRIEVAL CODE Wt
(RESOLUTIONS)
90-0262
90-0263
90-0264
90-0265
90-0266
90-0267
90-0268
90-0270
90-0272
90-0273
90-0274
90-0277
90-0279
C
11
DOC! "ENT I0ENTIFiC4TION
WAIVE FEES FOR POLICE, FIRE, G.S.A. AND SOLID WASTE SERVICES FOR
THE 20TH ANNUAL MIAMI BUDWEISER UNLIMITED HYDROPLANE REGATTA.
EXECUTE AGREEMENT WITH ANHEUSER-BUSCH, INC. FOR SPONSORSHIP
ASSISTANCE WITH THE 1990 BUDWEISER UNLIMITED HYDROPLANE REGATTA
EVENT -- AUTHORIZE ISSUANCE OF COMPLIMENTARY TICKETS, ETC.
AUTHORIZE AMENDMENT TO THE COMMERCIAL FACADE TREATMENT AGREEMENT
WITH (A) NEW WASHINGTON HEIGHTS DEVELOPMENT CONFERENCE, INC. (B)
ALLAPATTAH BUSINESS DEVELI_PMENT AUTHORITY, INC., (C) SMALL
BUSINESS OPPORTUNITY CENTLR, INC. (D) DOWNTOWN MIAMI BUSINESS
ASSOCIATION, INC.- FOR CONTINUATION OF THE PROGRAM IN TARGET
AREAS.
DESIGNATE AS CATEFORY "B" PROJECT THE ACQUISITION OF PLANNING
AND DESIGN SERVICES, INCLUDING ENVIROMENTAL ASSESSMENT STUDIES
AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE PROPOSED AIR
TRANSrPORTATION SERVICE FACILITY AT WATSON ISLAND - APPOINT A
CERTIFICATION COMMITTEE, ETC. (Note: Appointed was Ana Gelabert,
Landscape architect).
AUTHORIZE CITY ATTORNEY TO NEGOTIATE AGREEMENT WITH CERTAIN LAW
FIRMS TO SERVE AS PRIMARY BOND COUNCEL FOR FUTURE INDIVIDUAL,
CITY BOND ISSUES - FOR THE NEXT TWO YEARS. (Selected were:
(a) Fine Jacobson Schwartz Nash, Block & England, (b) Barnes
Darby & McGhee, (c) Greenberg Traurig Hoffman Lipoff Rosen &
Quentel, and (d) Holland & Knight.)
RECOMMEND TO METROPOLITAN DADE BOARD OF COUNTY COMMISSIONERS
PROPOSED NAME CHANGES FOR SEVEN METROMOVER STATIONS - RECOMMEND
AGAINST POSSIBLE DELETION OF THE PROPOSED RIVERWALK STATION.
ALLOCATE FUNDS IN SUPPORT OF CONSTRUCTION OF MIAMARINA -
FISHERMEN'S PIER 5 - AUTHORIZE INCREASE IN CONTRACT WITH
EBSARY FOUNDATION, INC. ($60,033)
APPROVE SALE OF WASTE PAPER TO ALL FLORIDA WASTE PAPER, INC. -
FOR RENEWAL OF INTEROFFICE PAPER RECYCLING PROGRAM BY SOLID
WASTE DEPARTMENT.
REAPPOINT INDIVIDUAL TO BOARD OF TRUSTEES OF THE CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES RETIREMENT TRUST.
(Reappointed was William J. Raburn).
APPOINT TWO INDIVIDUALS TO SERVE AS ALTERNATE MEMBERS ON CODE.
ENFORCEMENT BOARD (Appointed were: Michael. Zogby and Evorine
Raglin).
CONFIRM APPOINTMENT OF MICHAEL KOSNITZKY TO OFF-STREET PARKING
BOARD.
APPOINT BOB LEWIS TO THE WATERFRONT ADVISORY BOARD.
APPOINT INDIVIDUAL AS MEMBER OF AFFIR,1ATIVE ACTION ADVISORY
BOAI.D (Nominated was: Kevin Marchall)
WAIVE PROHIBITION CONTAINED IN CITY CODE AS IT APPLIES TO
SATUF,NINO E. LUCIO, II (PRESENTLY A MEMBER OF THL INTERNATIONAL
TRADE BOARD) - SEEK LEGAL SERVICES CONCERNING THE 1990 U.S. -
JAPAN GATEWAYS PROCEEDINGS BEFORE U.S. DEPARTMENT OF TRANSPOR-
TATION.
PAGE 3 OF 4
APRIL, 12, 1990
RETRIEVAL CODE NO.
(RESOLUTIONS)
90-0280
90-0281
90-0282.
90-0283
90-0284
90-0285
90-0286
90-0287
90-028B
90-0289
90-0291
90-0295.1
90-0296
90-0297
10
PAGE 4 OF_4
PRIL 12 1990
DOCUMENT I[ �►ENITIFICATION i RETRIEVAL CODE MQ
(RESOLUTIONS)
ENGAGE SERVICES OF SATURNINO E. LUCIO, II AS SPECIAL COUNSEL 90-0298
IN MATTERS RELATED TO THE 1990 U.S. - JAPAN GATEWAYS PROCEEDINGS
WITH THE U.S. DEPARTMENT OF TRANSPORTATION.
CONCERNING CITY MANAGER'S SUBMITTAL OF THE APPROVED GRANT PROGRAM 90-0300
FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) REQUESTING $11,081,000 FOR THE CITY'S COMMUNITY
DEVELOPMENT PROGRAM (1990-1991)
GRANT REQUEST BY COCONUT GROVE CHAMBER OF COMMERCE FOR DESIGNATED I 90-0302
STREET CLOSURES CONVERNING 14TH ANNUAL BANYAN FESTIVAL OF THE
ARTS - RESTRICT PEDDLERS - PERMIT SALE OF BEER AND WINE.
GRANT REQUEST FROM FUNDACION GARDELIANA DEL PLATA FOR FEE RENTAL 90-0306
WAIVER FOR USE OF MANUEL ARTIME CENTER REGARDING PERFORMANCES TO
COMMEMORATE CARLOS GARDEL (WITH PROVISO)
DIRECT ADMINISTRATION TO IMPLEMENT PLAN "B" - ONE WAY STREETS 90-0308
FOR AREA BOUNDED BY S. DIXIE HIGHWAY, S.W. 28 STREET, S.W. 22
AND 27 AVENUES.
RESCHEDULE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR APRIL 90-0309
26TH TO BEGIN AT 2:00 PM.