HomeMy WebLinkAboutCC 1989-07-27 MinutesI IN SUBJECT
NO.
N�lt' 1
is �t
F
LNGISLATION FAGS
N0.
ALLOCATE $5,000� IN SUPPORT OF PICNIC R 89-687
CONDUCTED BY "ONE CHURCH ONE CHILD, 7/27/89
INC."
2. ESTABLISH PROPOSED MILLAGE RATE FOR R 89-688
CITY OF MIAMI (fiscal year October 1, 7/21/89
1989 - September 30, 1990) (See label
4).
3.
(A) STATEMENT OF POLICY: ALL BUDGETS
M 89-689
13-22-
OF CITY -FUNDED AGENCIES MUST BE
M 89-690
CONTAINED IN CITY BUDGET BOOK AND MUST
DISCUSSION
CONFORM TO SAME ADMINISTRATIVE
7/27/89
PROCEDURES.
_
(B) EXTEND DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) BOUNDARIES TO INCLUDE
WEST SIDE OF RAILROAD TRACK AND SOME
PART OF OVERTOWN - Request that
reasonable boundaries be drawn
accordingly.
(C) DISCUSS AND TEMPORARILY DEFER
CONSIDERATION OF PROPOSED RESOLUTION
ESTABLISHING PROPOSED MILLAGE RATE FOR
DDA (fiscal year October 1, 1989 -
September 30, 1990) (See label 40C)
4.
CONTINUED DISCUSSION ON ESTABLISHMENT
DISCUSSION
23-24_
OF PROPOSED MILLAGE RATE FOR CITY OF
7/27/89
MIAMI (fiscal year October 1, 1989 -
September 30, 1990)(See label 2).
5.
APPOINT RODNEY BARRETO AS MEMBER OF
M 89-691
24-25
DOWNTOWN DEVELOPMENT AUTHORITY. (Note:
7127/89
Mr. Barreto replaces Henry Salum.) (See
label 41.)
6.
EXECUTE PURCHASE CONTRACT WITH MIAMI-
R 89-692
25-26
DADE COMMUNITY COLLEGE - for
7/27/89
acquisition of 4.4 acres of City -owned
property for expansion of Medical
Center Campus.
7.
INSTRUCT CITY ATTORNEY TO DRAFT CHARTER
R 89-693
26-33
AMENDMENT NO. 1 CONCERNING CITY
7/27/89
PROCUREMENT OF PUBLIC
WORKS/IMPROVEMENTS/GOODS/SUPPLIES/COMMO
DITIES - Set dollar amount at which
sealed bids requirement becomes
applicable.
,s,
to
9.
9.1
9.2
9.3
9.4
9.5.
9.6.
1
(A) INSTRUCT CITY ATTORNEY TO ISOLATE
rROM PROPOSED CHARTER AMENDMENT NO. 2
PORTION DEALING WITH COMPENSATION TO
CITY COMMISSIONERS - to be submitted to
electorate at future election.
(E) RECONSIDER ABOVE DIRECTION TO CITY
ATTORNEY REGARDING CITY COMMISSIONERS'
COMPENSATION.
(C) INSTRUCT CITY ATTORNEY TO DRAFT
CHARTER AMENDMENT NO. 3 CONCERNING
INCREASE IN COMPENSATION TO CITY
COMMISSIONERS AS SEPARATE BALLOT
QUESTION ON NOVEMBER 7, 1989.
(D) APPROVE CONCEPT OF SINGLE -MEMBER
DISTRICTS - Stipulate delineation to be
made after Federal decennial census of
1990 by a boundaries committee.
(E) STIPULATE THAT METHODOLOGY TO BE
SELECTED FOR DETERMINING THE 2-YEAR AND
4-YEAR TERMS (FOR STAGGERING OF TERMS)
SHALL BE BY DRAWING FROM A SUITABLE
CONTAINER.
(F) ESTABLISH NEW REQUIREMENT THAT IF
THE NUMBER OF CITY COMMISSIONERS IS
INCREASED FROM 5 TO 9, THE REQUIREMENT
FOR AN EXTRAORDINARY VOTE OF THE CITY
COMMISSION SHALL CHANGE FROM 4/5THS TO
7/9THS.
(G) CREATE BOUNDARIES COMMITTEE TO BE
IMPANELED IN 1991 TO ESTABLISH, AND
THEREAFTER REDEFINE, BOUNDARIES AFTER
EACH FEDERAL DECENNIAL CENSUS.
(See Label 39)
M 89-69+4
M 89=695
R 89-696
M 89-697
M 89-698
M 89-699
M 89-100
7/27/89
CONSENT AGENDA. 81-82
7/27/89
APPROVE PURCHASE OF 3 STREET SWEEPERS R 89-701 82
FROM METRO -TECH EQUIPMENT CORPORATION - 7/27/89
for GSA Department.
ACCEPT BID: AGILE SYSTEMS, INC. - for R 89-702 83
furnishing electronic mail system - for 7/27/89
Computers Department/Communications
Division.
ACCEPT BID: ASSOCIATES CONSTRUCTION
CORP. - for Dinner Key Marina - baywalk
and landscaping.
ALLOCATE $15,166 TO MIAMI BRIDGE,
INC. - to operate residential shelter
for runaway undomiciled youth.
EXECUTE AGREEMENT: CHRISTIAN COMMUNITY
SERVICES, INC. ($70,000) - from 1989
Emergency Shelter Grant - to establish
emergency shelter for homeless
families.
EXECUTE AMENDMENT TO AGREEMENT WITH
W.R.T., INC. - for Stages I and II
professional/technical services related
to Southeast Overtown/Park West 9th and
7th Street Malls.
R 89-703 83
7/27/89
R 89-704
83
7/27/89
R 89-705
83-84
7/27/89
R 89-706
84
7/27/89
ft �
R
- t4
Its APPROVE CITY 0 S GRANT REQUEST TO ROBERT It 80 -101 $44$
VOOD JOHNSON i'OUNDATION - for 2-year 7/27180
planning development project ($3.2
million) to reduce alcohol/drug abuse.
11. APPROVE, IN PRINCIPLE, CONCEPT OF R 89-708 85i87
INLAYING PLAQUES ON SIDEWALKS OF S.N. 7/27/89
8TH STREET.
12. (A) DISCUSS AND WITHDRAW PROPOSED DISCUSSION 87-01
RESOLUTION APPROVING MOST QUALIFIED 7/27/89
FIRMS TO PROVIDE PROFESSIONAL
PLANNING/DESIGN SERVICES - for
renovation/expansion of Police
Headquarters Facility.
(B) COMMISSIONER MILLER DAWKINS URGES
ADMINISTRATION TO REPLACE AIR
CONDITIONING SYSTEM AT POLICE
DEPARTMENT (See label 13).
(C) CITY COMMISSION QUESTIONS MANAGER
AS TO THE STEPS BEING TAKEN TO ADDRESS
DRUG DISTRIBUTION CENTERS IN MIAMI (See
label 34)
(D) COMMISSION REQUESTS CITY ATTORNEY
TO OBTAIN COPY OF
LOITERING/PROSTITUTION ORDINANCE
PRESENTLY IN FORCE IN SEATTLE.
13. (Continued Discussion) BRIEF DISCUSSION DISCUSSION 98
WITH ADMINISTRATION CONCERNING ON -GOING 7/27/89
DIFFICULTIES WITH AIR CONDITIONING
SYSTEM AT POLICE DEPARTMENT (See label
12C).
14. BRIEF COMMENTS CONCERNING DISCUSSION 99
ADMINISTRATION'S RESPONSE TO REPORT BY 7/27/89
THE CITIZENS' INDEPENDENT REVIEW PANEL.
15. GRANT $300,000 OPERATING CAPITAL LOAN R 89-709 99-104
TO CARRY TECHNICAL INSTITUTE - Funds to 7/27/89
come from CDBG and processed through
Miami Capital Development, Inc.
16. AUTHORIZE ISSUANCE OF RFP REGARDING M 89-710 105-112
CITY MANAGER'S PLAN TO CONSOLIDATE IN 7/27/89
ONE LOCATION VARIOUS CITY DEPARTMENTS
AND OFFICES.
17. EMERGENCY ORDINANCE: Amend 10567 - ORDINANCE 112-113
Increase appropriation for Special 10618
Revenue Fund: "DHRS/Entrant 7/27/89
Assistance, FY189" ($33,150).
18. EMERGENCY ORDINANCE: Establish new
Special Revenue Funds: (1) "JTPA Title
I/Older Worker (FY190)", (2) "JTPA
Title IIA Neighborhoods Jobs Program
(FY190)", and (3) "Office of
Intergovernmental Liaison (FY'90)" -
Appropriate funds from U.S. Department
of Labor - Accept grant awards.
19. FIRST READING ORDINANCE: Amend Section
804, Ordinance 9332 (Cable Television
License) - Change minimum number of
days past due date of a delinquent fee
in which notice to disconnect service
is given to subscriber.
1118T READING tiWNANCI: Amend Coda ORDINANCS
966tion S-1 ("Amuseeente") - Provide FIRST READING
6*66ption to hours of operation of 1/27/80
poolrooms when operated with an
actessory restaurant,
21. FIRST READING ORDINANCE: Amend Code
Section 4-14 ("Alcoholic Beverages -
Exceptions to Distance Requiraments")
Reduce time required for private clubs
to have been in existence in order that
certain distance requirements hot be
applicable.
22. (A) FIRST READING ORDINANCE: Create
Special Revenue Fund: "Omni Area
Redevelopment Tax Increment Trust Fund
Account" - Appropriate $1.6 million.
(B) CITY COMMISSION QUESTIONS
ADMINISTRATION CONCERNING TAXES TO BE
PAID BY PLAZA VENETIA PROJECT.
23. RATIFY ACCEPTANCE OF PROPOSALS: Luke A.
Rose, Ralph Ross Real Estate Co., Inc.
and X naldo Blanco, Ancla Realty, Inc.
(Appraisers) - to appraise fair market
value of certain properties located in
Resubdivision of Revised Plat of
Eastmoreland Sub, and Buena Vista
Gardens (bounded by N.W. 58 Street and
56 Street between N.W. 6 Place and I-
95)
24. (A) AUTHORIZE EXECUTION OF AGREEMENT
WITH SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY - implement citywide
sidewalk telephone program - Southern
Bell rights nonexclusive.
(B) HECTOR GASCA (COMPETING VENDOR) TO
INSTALL 100 PIECES OF TELECOMMUNICATION
EQUIPMENT AND SERVICES CITYWIDE -
without any restrictions as to site.
25.
26.
27.
28.
29.
ORDINANCE
FIRST READING
1/27/89
ORDINANCE
FIRST READING
DISCUSSION
7/27/89
R 89-711
7/27/89
R 89-712
DISCUSSION
7/27/89
EXECUTE AMENDMENT TO CONTRACT WITH R 89-713
CONSULAB, INC. - to provide Citywide 7/27/89
drug screening services.,(Testing)
ALLOCATE FUNDING FOR ESTABLISHMENT OF A
YOUTH CRIME AND DRUG PREVENTION SOCCER
LEAGUE - No sworn officers to
participate in program.
IIS-126
121-134
134-137
R 89-714
7/27/89
AUTHORIZE
PURCHASE OF TWO MOBILE DRUG
R 89-715 155-160
PREVENTION
EDUCATIONAL UNITS
7/27/89
($160,000)
- from Law Enforcement Trust
Fund.
ACCEPT COMPLETED
WORK: 3W CORPORATION,
R 89-716 160
INC. -
for North District Police
7/27/89
Substation
($4,394,101).
AUTHORIZE
AGREEMENT WITH R.W. BECK &
R 89-717 161 -
ASSOCIATES
- to assist Solid Waste
7/27/89
Department
with development and
implementation of pilot recycling
program.
APPOINT INDIVIDUALS TO MIAMI SPORTS AND
R 80 -718
161-162
=tBtTION AUTHORITY. (Appointed worst
7/27/89
Ken Alban,, Manuel Carreno, Gabe Marks,
066rge Knox, Steven Suarez, William
Bayer, Pedro Pelaez, Vincent McGhee,
Frankie Rolle, J. Skip Shepard and Eli
Feinberg.) (See label 32.)
31.
APPOINT INDIVIDUALS TO COMMISSION ON
R 89-719
162-166
STATUS OF WOMEN. (Appointed were:
7/27/89
Lenore J. Gordon, Elizabeth H. Kaynor,
Susana Sosa, Robert A. Stevens, Mary
Taylor, Bernadette Morris, Pamela
Douglas, Marcia Hope and Josie Park.)
32.
(Continued Discussion) APPOINTMENT TO
DISCUSSION
167-168
MIAMI SPORTS AND EXHIBITION AUTHORITY -
7/27/89
Define terms of office (See label 30).
33.
CONFIRM APPOINTMENT OF WILFREDO GORT TO
R 89-720
168-171
OFF-STREET PARKING BOARD TO FILL
7/27/89
UNEXPIRED TERM OF LESLIE PANTIN SR.
34.
BRIEF DISCUSSION: CITY COMMISSION
DISCUSSION
ill
QUESTIONS MANAGER REGARDING SIX RECENT
7/27/89
MURDERS IN THE CITY AT THE CORNER OF
OAK AND DOUGLAS (See label 12C).
35.
DISCUSSION CONCERNING PROPOSED
DISCUSSION
171-175
UNDERGROUND PARKING GARAGE IN SHOPPIFG
7/27/89
PLAZA AREA OF BAYFRONT PARK.
36.
(A) AUTHORIZE MANAGER TO PARTICIPATE IN
R 89-721
175-181
METROPOLITAN DADE COUNTY'S AUCTION - to
M 89-722
bid on parcel of land within Southeast
7/27/89
Overtown/Park West Redevelopment Area -
Allocate funds.
(B) AUTHORIZE MANAGER TO PROVIDE TWO
FULL-TIME CITY STAFF MEMBERS FOR ONE -
MONTH PERIOD TO BLACK ARCHIVES HISTORY
AND RESEARCH FOUNDATION OF SOUTH
FLORIDA, INC.
37.
DIRECT CITY ATTORNEY TO SUSPEND LEGAL
R 89-723
181-193
PROCEEDINGS AGAINST DADE HELICOPTER JET
7/27/89
SERVICES ON WATSON - Forbid City staff
to use helicopter services without
Manager's approval - Establish monthly
compensation to be paid to the city by
Dade Helicopter for unused hours of
flying time - Allow Dade Helicopter to
stay on premises until RFPs are
received, subject to their agreeing to
drop all appeal proceedings against the
City.
38. (A) APPROVE PROPOSED CHARTER AMENDMENT
NO. 1 RAISING THE AMOUNT AT WHICH THE
REQUIREMENT FOR OBTAINING SEALED BIDS
IN THE PROCUREMENT OF CITY GOODS AND
SERVICES BECOMES APPLICABLE - Provide
for holding of Special Municipal
Election.
(B) STIPULATE THAT IF PROPOSED CHARTER
AMENDMENT NO. 1 IS ADOPTED AT THE
POLLS, CITY MANAGER WOULD STILL BE
REQUIRED TO NOTIFY CITY COMMISSION AS
TO ALL PROCUREMENT ITEMS APPROVED BY
THEM.
2'
' (A) STIPULATE THAT, CONCERNING PROPOSED
CHARTER AMENDMENT 140. 31 COMPENSATION
TO BE PAID TO THE MAYOR SHOULD BE 10%
HIGHER THAN THAT PAID TO OTHER CITY
COMMISSIONERS.
(B) APPROVE PROPOSED CHARTER AMENDMENT
NO. 3 - Provide that compensation
presently paid to City Commissioners be
adjusted to reflect changes in the
Consumer Price Index since 1949 -
Provide annual adjustment mechanism -
Mayor to be paid 10% higher salary than
that paid to other City Commissioners -
Call and provide for Special Municipal
Election to be held November 7. 1989.
(C) INSTRUCT CITY ATTORNEY TO DRAFT
PROPOSED CHARTER AMENDMENT NO. 2 -
Provide for expansion of Commission
districts - Establish district
boundaries - Provide for staggered
terms and for dates/manner of elections
for all Commissioners - Change
requirement for extraordinary vote (See
label 39D).
(D) APPROVE PROPOSE CHARTER AMENDMENT
NO. 2 - Restructure form of municipal
government (See label 39C).
(E) ALLOCATE $50,000 FOR PURPOSES OF
EXPLAINING TO CITY VOTERS THE ELEMENTS
INVOLVED IN THE THREE CHARTER
AMENDMENTS TO BE VOTED UPON AT THE
NOVEMBER 7, 1989 SPECIAL MUNICIPAL
ELECTION.
40 (A) AUTHORIZE MANAGER TO OFFER CITY
EMPLOYEES PRESENTLY BEING AFFORDED
PARKING EXPENSES METRORAIL PASSES TO BE
USED IN LIEU OF SUBSIDIZED PARKING.
(B) DIRECT MANAGER TO INITIATE STEPS TO
OFFER FOR SALE PARKING GARAGE NO. 5 IN
GOVERNMENT CENTER.
(C) AUTHORIZE EXECUTIVE DIRECTOR OF
DOWNTOWN DEVELOPMENT AUTHORITY TO
ESTABLISH PROPOSED MILLAGE RATE FOR THE
DOWNTOWN DEVELOPMENT DISTRICT (Fiscal
year October 1, 1989-September 30,
M 69-726
R 80-727
R 89-728
R 89-729
R 89-730
7/27/89
M 89-731
M 89-732
R 89-733
7/27/89
1990) (See label 3).
41.
(Continued Discussion) APPOINTMENT OF
DISCUSSION
209
RODNEY BARRETO TO DOWNTOWN DEVELOPMENT
7/27/89
AUTHORITY (See label 5).
42.
SCHEDULE STAFF WORKSHOP ON AUGUST 23,
M 89-734
209-211
1989 AT CITY HALL - Discuss proposed
7/27/89
creation of proposed special district
to allow regulation of street vendors
in front of Metro -Justice Building.
43.
DISCUSS AND TEMPORARILY DEFER FUNDING
DISCUSSION
211-216
REQUEST FROM ASOCIACION COMUNAL
7/27/89
DOMINICANA, INC. - concerning Third
Merengue Festival (See label 53).
44.
CREATE NORTHEAST TASK FORCE - to
M 89-735
216-222
.
consist of 15 members to be appointed
7/27/89
by City Commission (See label 46).
45.
INSTRUCT CITY ATTORNEY TO DRAFT
M 89-736
222-223
LEGISLATION FOR CREATION OF A NOISE
7/27/89
ABATEMENT BOARD.
Y.
0
06titittued biecueaion) BRIEF COMMENTS
DISCUSSION
E23-224
CONTINUING PRIOR DISCUSSION CONCERNING
7/21/80
NORTHEAST TASK FORCE (See label 44).
41.
EMERGENCY ORDINANCE: Establish new
ORDINANCE
224-226
Spacial Revenue Fund: "Youth
10620
Opportunity Challenge Planning Grant" -
7/27/89
Appropriate $75,000 from U.S.
Department of Labor - Authorize Manager
to accept grant award.
4$.
BRIEF COMMENTS CONCERNING PRESENT
DISCUSSION
226
SALARY OF ALVAH H. CHAPMAN, JR.,
7/27189
CHAIRMAN OF KNIGHT-RIDDER (owners of
The Miami Herald).
49.
APPROVE ABATEMENT OF RENT BY TROPICAL
R 89-737
226-229
CLEAR BLUE LAUNDRY - for 90-day period
7/27/89
until shopping center is active.
50.
APPROVE PURCHASE OF 130 RADIOS FROM
R 89-738
229-238
MOTOROLA COMMUNICATIONS AND
7/27/89
ELECTRONICS, INC.
51.
SECOND READING ORDINANCE: Zoning
ORDINANCE
239-250
atlas amendment at approximately
10621
1918 Brickell Avenue - from RG-
7/27/89
2.1/3.3 to RG-2.1/5 (Applicant:
Paul R. Sadovsky).
52.
SPECIAL CITY COMMISSION MEETING
DISCUSSION
250-251
CALLED FOR JULY 31, 1989 AT 2:00
7/27/89
P.M. - continue all items not
taken up on this date.
53.
ACCEPT, IN PRINCIPLE, PRELIMINARY
M 89-739
251-252
AGREEMENT REACHED WITH THIRD MERENGUE
7/27/89
FESTIVAL MIAMI - Direct Manager to work
out final details (See label 43).
54.
GRANT REQUEST BY MIAMI COMMUNITY POLICE
R 89-740
252-254
BENEVOLENT ASSOCIATION FOR USER FEE
7/27/89
WAIVER - concerning charity "Splash
Jam" event at Virginia Key - Designate
proceeds to fund a scholarship.
55.
BRIEF COMMENTS CONCERNING SCHEDULING OF
DISCUSSION
254-255
PLANNING AND ZONING ITEMS FOR MEETING
7/27/89
OF JULY 31, 1989.
56.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
255-257
atlas at approximately 4220-40 N.W.
10622
14th Street and 4253-55 N.W. 12th
7/27/89
Street Drive - from RG-1/3 to CG-1/7
(Applicant: Charles Traficant).
57.
DISCUSSION CONCERNING FORTHCOMING CITY
DISCUSSION
257
OF MIAMI'S 93RD BIRTHDAY.
7/27/89
58.
FIRST READING ORDINANCE: Amend
ORDINANCE
258
Ordinance 10544 (Miami Comprehensive
FIRST READING
Neighborhood Plan 1989-2000) - Future
7/27/89
Land Use Plan Map - change land use
designation from Multi -Family Medium
Density Residential to General
Commercial (Applicant: Edward J.
Gerritt, Inc.).
5+
F��
'�i'T
'.0"u Amend toning
OADMAM +��
it i8 t app oxteiy yNW:a
1tiL
3th street free +al3 to CO-1/1
1/21/60
dkgi
A'ppl atl't3 'a 1. derritt; Ine. ).
1�'iRg7` D20190 ORDINAMM Am6nd stoning
►�
bRt�INAN +� t u
atlitis< p� at roxiteat6z 955W. 2s�d
FIRST M
1
_
A t►ttb ; = from R64-2,3/6 to Rs3-2.3/f
,-.
x
(Applicants United Way of Dads County,
VACATE AND CLOSE S.W. NORTH RIVER
R $9=741
DRIVE- Portion located east of 1-95
7J27/$9
right-of-way, vest of west right=of-way
,.
line of S.W. 2nd Avenue and south of
south right -of -pay line of S.W., 3rd
`
Street (Applicant: Alandco, Inc.).
62. (Continued Discussion) BRIEF COMMENTS
DISCUSSION $63
CONCERNING PRIOR CONTINUANCE OF AGENDA
7J27J$9
ITEM PZ-6 TO JULY 31, 1989 MEETING.
63. UPHOLD APPEAL BY APPLICANT - Reverse
R 89-742
Zoning Board's denial concerning
7/27/89
_
property located at 821-23 N.W. 22nd
Court - for operation of a Community
Based Residential Facility (CBRF)�
,
(Applicant: Gran Logia de Cuba).
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MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of July, 1989, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:09 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Mattq Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor De Yurre then
led those present in a pledge of allegiance to the flag.
1. ALLOCATE $5,000 IN SUPPORT OF PICNIC CONDUCTED BY "ONE CHURCH ONE CHILD,
INC."
Mayor Suarez: Mr. Manager, I believe the first item is yours. We're
authorizing the City Manager to establish a proposed millage rate for the City
_ of Miami for the fiscal year beginning October 1, 1989 ending September 30th.
Mr. Vice Mayor, you have a presentation? Mano, excuse us for a second.
Mr. De Yurre: Yes, sir, Mr. Mayor...
Mayor Suarez: It's not related to Judge Phillip Davis, is it?
Mr. De Yurre: Well, indirectly, I guess we could say that. As you recall
with the Overtown disturbances, you had a ten point program and one of them
was, One Church, One Child Program which I've taken and I've tried to run with
it as far as I can and it gives me great pleasure to present today the
president of the One Church, One Child Advisory Committee...
Mayor Suarez: Is that the honorable....
Mr. De Yurre: The Honorable Judge Phillip Davis, also Reverend Henry Nevin is
here with us today...
Mayor Suarez: Reverend Nevins.
Mr. De Yurre: We also have Mark Coates is here also, Reverend Wilkes from the
Overtown area is also with us and I'd just like to make this presentation on
your behalf since it's signed by you to this committee as a certificate of
appreciation recognizing the work that they've done so far, as you know. And
I believe that somebody is going to say something, right?
s'
Mayor Suarez: Judge it would be nice...
Mr. De Yurre: Yes, why don't you go over there.
Mayor Suarez: ... if you would tell us a little bit about how the program, ie
going, how many churches are involved and I've seen the memoranda. All the
Commisnioners have received them, but it's very exciting that it's moved,xo
far so ;quickly.
July 27, IM
Hon. Judge Phillip Davis: I just would like to say initially, I know that I
don't want to take up too much of our time here in the City Commission
meeting, but the One Church, One Child program is a program by which we take
available black children who are in foster care and place them with adoptive
families. This is the premiere project in order to stabilize black families
in the black community. We have approximately 200 churches, black churches in
Dade County, inclusive of the City of Miami, who are participating in this
project to help place the remaining black children who are in foster care.
It's a wonderful program, we're all set for a kick-off picnic on the 19th of
August in which we are going to at least affiliate those families with the
available children. It's an ongoing program that started in Chicago.
Governor Martinez and the Secretary of HRS have sponsored this program with a
line item budget for expenses to some degree for the total state and we are
very optimistic about where we're going with this and Reverend Nevins of St.
John's Church in Overtown is here presently to speak about the involvement of
the black ministers in this program. I'm involved as the president of it, I'm
very enthused about it, I think it's a great thing. It's a deterrent now for
any potential problems that we're going to have in the juvenile delinquency
area by which we can take foster children who would otherwise go through a
Juvenile justice system and become adult felons in the later life. We can
take them now, have them placed with strong families so that they can have
bright futures and we're very enthusiastic about it. It's going to be a great
program. We're looking for all your support, we're looking for it to be a
model not only for black children but for Latins and whites as well in the
later years. And we're hoping that this thing will spin off and make some
great things happen for us here in Dade County and the City of Miami.
Mayor Suarez: Reverend. Thank you, judge.
Reverend Nevins: Mayor Suarez, and to all the Commissioners and to our City
Manager, we just thank the Lord for what he has done for this program.
Yesterday we had a great meeting where all the ministers from the ministers
conference were present at the little luncheon we had at St. John for the One
Church, One Child. I remember a little story which a little boy fell into a
- well and when we fell, the well was mucky, the water had not dried out of this
dry well as yet. And he wanted to get out of the well and the people were
passing by and one buy said, "Gee, I must get him," and he dropped the rope in
and the little boy looking for the rope, he said, "The rope is about a third
down." And the man pulled up his rope and another person came dropped a rope
_ down and he said, "Gee," he said, "this rope is a third down." And he pulled
his rope up and someone came by dropped another rope down and he said, "This
rope is a half down," and the little boys down and he's desperately trying to
get out. He wants to get out of the muck and so he yelled up, he said, "Hey,
you up there, tie all the ropes together and drop them down and then I can get
out." And that's the position we are in right now. We need for you to tie
the ropes together and let's get out of this that we are in with these 300
children needing homes and the ministers are very enthused about it, we have
them and they are ready to go and with your help, and I just thank the Lord
for Judge Davis because he's enthused and all the people on the committee,
they are enthused to work towards making this a reality which will be better
for us in every way, shape or form and, hopefully, that we can save our next
generation. May the Lord bless you for whatever you will do for us to make
this a reality in our community. Thank you.
Mayor Suarez: Thank you, Reverend.
Judge Davis: Commissioner De Yurre, before you speak, I just would like to
let the Commission know that we have a marriage, this program has been
sponsored by the HRS, we have John Ferre here who would like to say a few
words on behalf of the Governor and basically our involvement in the process.
Mr. Ferre, could you identify yourself and...
Mr. John Ferre: Thank you, I'm John Ferre, the district administrator for
HRS. As you all know, One Church, One Child, is a program that attempts to
involve the black churches and their congregations in helping HRS find homes
for children who've been in foster care. It's a very important endeavor,
we're really excited about working with the ministers in Miami and we're also
very appreciate of the support of the City of Miami. I think it is, for me, a
very exciting experience to have the State and the City work together to try
to find homes for the children of Miami. So, again, my very, you know, I'm
very appreciative of the opportunity to work with the City. Thank you so
much.
2 July 27, 1969
Mr. die Turret Mr. Mayor, as you've read the memo, they're scheduling and they
have scheduled a picnic on the 19th of August at Hadley Park to bring the kid*
and they're up for adoption and to get the potential parents involved and the
ministers and the cost of this event is going to be $5,000 and i would line to
make a motion for us to allocate $5,000 to this picnic to get this thing going
on the 19th.
Mr. Dawkins: Second.
Mayor Suarezt Moved and seconded. Any discussion? If not, call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoptions
RESOLUTION NO. 89-687
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921-
002-925, IN SUPPORT OF A PICNIC TO BE CONDUCTED BY
FRIENDS OF ONE CHURCH ONE CHILD, INC., TO BE HELD AT
HADLEY PARK AUGUST 19, 1989.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: It's very unusual for a judge to take time out from his
caseload to spend this much of his energies and time, precious time, on a
particular project of improvement of the community. We really appreciate it,
Judge.
Judge Davis: Thank you very much. I really appreciate your support and I
wo•ald like to also make - send an invitation to all of you to this magnanimous
event and we're hoping that we'll have participation from the entire
community. And, like I said, we'd like to go onward and upward so that we can
be able to take children and put them in places where they can be fostered and
nourished and become productive individuals in our community. Thank you.
Mayor Suarez: Very good, thank you and congratulations on the success of the
program in such a short time. I thought we renamed that park Dawkins.Park
right now.
Mr. De Yurre: Takes good care of it. Congratulations.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD."
Mayor Suarez: The king maker as opposed to the king, right? We thank the
Governor for his involvement too, John, please.
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•
2. ESTABLISH PROPOSED MILLAGE RATE FOR CITY OF MIAMI (fiscal year October
1, 1989 - September 30, 1990) (See label 4).
Mayor Suarez: OK, Mr. Manager, Mano.
Mr. Manohar Surana: Good morning, Mayor and members of Commission. For
fiscal year 190, for operating purpose, we are recommending same millage rate
as FY 190 which is 9.5995. For debt service we are recommending a millage of
2.5337, an increase of .1956 over FY 189. We are also recommending first
public hearing should be held on September 14th at 5:05 p.m. Second public
hearing, September 28, 5:05 p.m.
Mayor Suarez: Why a debt service millage rate increase if we've not approved
any GO (general obligation) bonds?
Mr. Surana: This is based on the bonds we had already sold, we had to retire
those bonds and we need about 1.4 million dollar more for...
Mayor Suarez: What is the yearly payment right now?
Mr. Surana: OK, fiscal year 189, our principal and interest, we going to pay
25.9 million.
Mayor Suarez: What was it last year?
Mr. Surana: That's for current year, 189.
Mayor Suarez: What is the proposed fiscal year general obligation bond
payment as opposed to the prior year, Mano?
Mr. Surana: OK, increase of 1.4 million dollars.
Mayor Suarez: What are the figures?
Mr. Surana: For fiscal year 190, 27.3 million.
Mayor Suarez: That's fiscal year 189-90, you mean, beginning October 1. ,
Mr. Surana: Next year, October 1.
Mayor Suarez: Fiscal year beginning October 1 of 189, right?
Mr. Surana: Yes, 27.3 million.
Mayor Suarez: And what was the year before?
Mr. Surana: Twenty-five point nine.
{
Mayor Suarez: I had thought I looked at those schedules and they were going
down. When did they begin going down, assuming no general obligation bond
issuance by the City? Do you have...
Mr. Surana: I don't know. I think - I don't know, I don't know.
Mayor Suarez: When you get a chance, check that schedule out because the last
time I looked at it, it was going down after a couple of years. -
Mr. Surana: I'll check with Finance Department.
Mayor Suarez: We had hit the high point when all the bonds came together and
we haven't issued any in a while because the voters haven't approved any.
Mr. Surana: I'll check with Finance Department.
Mr. Plummer: Question. Is part of this millage is the Sports Authority's
budget part of this?
Mr. Odio: No, sir.
4 July 27, 1909
11
Mr: Suranat No.
Mr. Plummer: Then we don't have a separate item to approve the Sports
Authority budget?
Mr. Odiot No, the budget for the Sports Authority will have to be approved...
Mr. Suranat September.
Mr. Odio: ...during the work...
Mr. Surana: September.
Mr. Odio: September. September.
Mr. Surana: This is only for establishing the millage only.
Mr. Odio: I wanted the Sports Authority to make a presentation to you during
the budget workshops so that it wouldn't have to come to the public hearing.
And, since we cancelled the workshops for this week, then we have to wait
until we have them in September. Then you will hear the Sports Authority
budget.
Mayor Suarez: There's no millage to be set on that, so...
Mr. Odio: No.
Mr. Surana: No.
Mr. Plummer: Well, you know, I'm ready to do battle.
Mr. Dawkins: Again?
Mr. Plummer: Well, hey, you know, anytime a oudget comes here and it's 71
percent over last year, I'm ready to do battle.
Mayor Suarez: Particularly when we were hoping to have more bondable capacity
from their funds.
Mr. Plummer: Well, Mr. Mayor, let me just put in on the record because I
think it does affect the regular budget. I think the chief executive officer
of the Sports Authority does a damn fine job. I've got to put that on the
record. But I have a serious problem...
Mr. Dawkins: Now that you've kissed him, go ahead now.
Mr. Plummer: ...with the chief executive who has a 1.1 million dollar budget
and seven employees making within $3,000 of what our City Manager, who has a
budget to administer of $283,000,000 and 4400 employees.
Mr. Dawkins: I move we raise the City Manager's salary.
Mr. Plummer. Well, that's your prerogative, Commissioner. But I'm telling
you, I'm ready to go to battle. So, to me, there is no equity there. It
doesn't make any sense.
Mayor Suarez: Can we ask them to present their proposed budget to us in the
month of July so we have the month of August to look it over?
Mr. Plummer: Well, Mr. Mayor, I have their budget.
Mayor Suarez: Do you have their proposed budget?
Mr. Plummer: I mean, you know, I have this thing they call a budget, I call,
it a funny book. Now, you know, when you stop and figure that the man who's
administering that Sports Authority cost the taxpayers of this community
$123,200, something is wrong, radically wrong! And if it's not the time now,
I'll wait but I'm just putting them on notice that I am not voting for a 71
percent increase in their budget. I'm tremendously pleased that that thing
has done well, but the impression I have is we've got the money, let's spend
It and I don't think that's the way I want to do business. So I'll wait, Mr.
Mayor...
5 July 27, 1909
E
Mayor Suares: Is that the percentage increase that they're proposing is
Mr. Plummer: Seventy-one percent.
Mayor Suarez: howl Hood luck.
Mr. Plummer: OR? And I'm just saying to you that I cannot vote to give a rman
$123j000 - $3,000 less than a City Manager, who hat tremendous responsibility.
So, when that day comes, if it's not today, I'm ready.
Mr. De Yurre: Manoi
Mr. Surana: Yes, sir.
Mr. De Yurre: What is the millage rate difference between last year and this
year for the debt service?
Mr. Surana: Increase of .1956; almost two -tenth of a mill.
Mr. De Yurre: What was it last year?
Mr. Surana: Last year, 2.3381.
Mr. De Yurre: And this year?
Mr. Surana: 2.5337.
Mr. De Yurre: Five, three, seven?
Mr. Surana: Yes, air.
Mr. De Yurre:
And that amounts to what, 1.4 million more?
Mr. Surana: Approximately two million.
Mr. De Yurre: Two million dollars more.
Mr. Surana: Yes, sir.
Mr. De Yurre: Thank you.
Mayor Suarez: Between now and the time of final approval, I am going to look
very carefully at the debt service payment schedules and try to figure out for
myself how come the debt service millage rate has increased. I've argued with
you every year and with the Manager that that is a fixed, non -discretionary
amount. I always get back the argument that there's some discretion to us
and...
Mr. Surana: I'll check with Carlos.
Mayor Suarez: I think it comes directly out of whatever
our prior obligations
incurred are. So, it's a mathematical calculation, we
don't have much to do
with it if we've incurred those obligations, the way I
look at it. So, I'm
ready to vote on that.
Mr. Odio: I prefer to leave it the same, but they keep telling me that we
have no discretion in debt service since it was a commitment made in the past
�k-
-ks
on bond sales.
Mayor Suarez: See, the thing is that each year we're
paying off - not each
year, but certain years - we're paying off, completing
paying off, certain
bonds and so that amount should be going down and for some
reason, it hasn't..
That'.s why I want to look at those schedules.
Mr . , plus the fact we ref inanced a lot
of the bonds to got a,
better interest.
r
w
Mr. De Yurre: Well, my concern...
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Mayor Suarez: And, of course, and the upfront was supposed to be a savings
the first couple of years and instead, we sea an increase.
Mr. De Yurre: You know, I have a concern and that is, they know we're going
to go out there and tell the public that we're keeping the millage rate at the
9.595 rate and in reality, we are increasing it and I have a problem with that
because when you add up the whole thing, and the bottom line, you know, an far
as the City of Miami's concerned, when you add the debt service millage rate
to... you know, the bottom line is how much do you have to pay? How much
you're indebted, as taxpayers, to pay. And, you know, the reality of it is,
is that the rate is going up when you add up the whole thing. And, you know,
we play around with the fact that we get a cushion due to the property values
that go up so we, you know, how much additional money are we getting this year
than last year? About 14 million more?
Mr. Surana: In what, property tax?
Mr. De Yurre: Yes.
Mr. Surana: Hardly about 2.5 million.
Mayor Suarez: It can be about three and a half million dollars if it was at
3.6 percent increase.
Mr. Odio: It's only two and a half million dollars.
Mr. De Yurre: What was their budget last year?
Mr. Odio: On the general fund? It's just gone up two and a half million
dollars.
Mayor Suarez: We've raised about a hundred million dollars a year and the
increase was 3.6 percent.
Mr. Plummer: Answer the question honestly. What he's giving you is the net
increase, not the gross increase. The gross increase, as I remember, is
almost 5 million dollars. But because of declining revenues in other areas,
it comes out to a net of 2 point...
Mayor Suarez: No, it should be about three - three point some million dollars
because it's a 3.6 million - 3.6 percent increase, wasn't it? -in the taxable
base of the City?
Mr. Surana: Yes, growth is 3.6 percent.
Mayor Suarez: And it's about a hundred million dollar base, so...
Mr. Surana: Right.
Mayor Suarez: I mean, a ten billion dollar base so it's about three, three
and a half million dollars.
Mr. Surana: But we lost one percent on...
Mayor Suarez: Oh, I got to hear about this. How did we lost one percent
after 3.6 percent increase, Mano?
Mr. Plummer: Well, you tell me where my math is wrong. From 218 to 223; is
that not five?
Mr. Odio: You're looking at all the revenues. Look at...
Mr. Plummer: I'm talking...
Mr. Odio: You can only look at property taxes, Commissioner.
Mayor Suarez: Well, we could look at both.
Mayor Suarez: We could look at both, but I think the question Was from the
Vice Mayor was, how much did the tax revenues increase? Property► tax revenubg
increase?
Mr. Plummer: What's special assessments? That's not ad valorem?
Mr. Surana: OK, for...
Mr. Plummer: Is that not taxes? Taxes by any name is still taxes.
Mr. Odio: But, if you want to compare property taxes, the millage.
Mr. Plummer: It's still a five million dollar increase.
Mr. Odio: That's not... no...
Mayor Suarez: Well, let's answer each one so we get the whole picture. What
In the property tax increase, Mano?
Mr. Surana: For property - for operating purpose, we will be getting 2.5
million dollars more than this year.
Mayor Suarez: OK, now, how do you explain that in view of the fact that the
tax base increase was 3.6 percent?
Mr. Surana: OK, that...
Mayor Suarez: Where does this one percent that we lost that you were saying a
couple of minutes ago?
Mr. Surana: Every year, we are given a preliminary tax roll. Then,
throughout the year, they make final adjustment. So there was about hundred
million dollars adjustment to last year tax roll. Therefore, the apple to
apple, the real increase is 2.6 million dollars; 2.6 percent. See, they set
up quite with this roll back rate.
Mayor Suarez: Has the final assessment come in for this year?
Mr. Surana: Yes, there was a...
Mayor Suarez: Or is it just an estimated one at this point?
Mr. Surana: We got final one and that was about $100,000,000 less than the
preliminary roll.
Mr. Dawkins: Is it a...
Mayor Suarez: So we lost one percent on that. I'm sorry, Commissioner
Dawkins.
Mr. Dawkins: Go ahead, no, Mr. Mayor, go right ahead. Is it a fair statement
to say that the reason the debt service is not decreasing is due to the fact
that the minute we get to the point where it's decreasing, we come in and
refinance the debt saying that we got a better interest deal and, therefore,
instead of the debt service decreasing, it remains the same?
Mayor Suarez: That's a good question and Commissioner Plummer pointed that
out too and actually, that should have led to a reduction, instead we have an
increase.
Mr. Plummer: We paid some damn big fees to get that renegotiation done.
Mr. Dawkins: Did anyone hear my question or they don't plan to answer?
Mr. Surana: I'll get the answer from Finance Director.
Mr. Dawkins: OK, well go ahead, we'll get it later, go ahead, Mr. Mayor.
Mayor Suarez: Just to put on the record what the schedule of general
obligation bond payments looks like, it's a pretty strange looking schedule,
if I may say so and I presume it's based on what Commissioner Dawkins was just
saying and Commissioner Plummer, which is our efforts to refinance. but i see
t
1989, which I gather is the fiscal year we just ended at 20 million, three, in
payments. Nineteen -ninety, twenty four, three. All of a sudden goes up by
four million. That's a huge increase. That's a 20 percent increase. In
1991, 22 million and so on, until we get - well, we pay off the whole thing by
the year 2014 in accordance with the present schedules. Something is amiss
there and I'm going to look at it very carefully between now and the second
reading of this because in a complete budget analysis, becautre we were
supposed - we were told that we were reducing the debt service payments
through the refinancing and instead, we have a 4 million dollar increase in
one year, leading to an increase in the debt service millage rate and,
therefore, the voter's getting - the taxpayers' getting a much higher tax bill
as the Vice Mayor was just mentioning. And that's confusing to us and
something's amiss in that schedule. I don't understand it.
Mr. Plummer: Well, let's also keep in mind, Mr. Mayor, that we're all very
much aware of the Gates lawsuit which is going to indefinitely, whatever is
the final analysis, is going to be bringing that debt service up tremendously.
Even if we're successful in negotiating the bonds, to pay it off in its
entirety, you're talking about $212,000,000 more in bonds and that thing's
right around the corner.
Mayor Suarez: Yes. And I think we have an excess funding of that and I'm
glad the Manager's looking at that to see if we really have overfunded that
now. We used to underfund it, now we've overfunded it. Incredible amounts of
money in those funds. Commissioners, I'll entertain a motion on this millage
rate understanding that, I guess, we're going to look very carefully at the
debt service millage rate.
Mr. De Yurre: I won't be able to vote for this, Mr. Mayor, because when the
voters out there start analyzing it, the bottom line is, how much they got to
pay. And the millage rate has increased when you add up the amount that the
people got to fork out. And certainly, I'm not - my position has always been
to not increase and when you add up the 9.595 it looks real nice after all
these years maintaining the same amount, the same figure, but the others
are...
Mayor Suarez: You said 9 point - I'm sorry, 9 point what did you say?
Mr. De Yurre: The 9.595...
Mayor Suarez: OK, 959.
Mr. De Yurre: ...having been maintained, it looks fine, but, you know, behind
the scenes, the other figure keeps going up, you know, we're not doing, we're
really trying to get the point across. So I just can't support that at this
point in time.
Ms. Range: Will you just state again the amount of additional revenue? Is
any additional revenue coming in?
Mayor Suarez: Yes, as was explained, I believe we have a little less than 3
million dollars in new real estate taxes in the next fiscal year and then, how
much other revenue, because Commissioner Plummer was asking about that? -in
special assessment, fees, whatever?
Mr. Plummer: And interest.
Mayor Suarez: Interest, so occasionally we even profit from a City project
that might...
Mr. Surana: Commissioner, you talking about general fund or debt service?
Mr. Plummer: He's asking the question and I think the total amount of
revenues...
Mayor Suarez: Right.
Mr. Plummer: ...over this year - this year over last and that is roughly five
million dollars, exactly what I said. New everything, it's 5 million dollars
more money.
9 July 27, 1989
Ms. Range: But even though we have the additional revenue, does that not
cause the properties around the new revenue that's coming in, around the new
buildings or whatever has been built, does that not cause those property taxes
to go up even though you're keeping the millage rate at 9.5?
Mayor Suarez: Ties, except this year, apparently we only had an increased
valuation of 3.6 percent we were told and I don't now if it's been reduced a
little bit.
Mr. Surana: Net it is 2.6.
Mayor Suarez: Would you expect with all the economic activity, all the
generation of new projects that we've done in the last couple of years, that
valuations would have gone up. How much was the new valuation,out of that
growth?
Mr. Surana: About...
Mayor Suarez: The year before it was 200 million and 200 for new
construction. What was the breakdown this year?
Mr. Plummer: It's down.
Mr. Surana: About a hundred plus million dollar new construction. That's
all.
Mr. Plummer: Yes, it's down.
Mayor Suarez: And how much was increased valuation then? -the rest?
Mr. Surana: Roughly then, about 1.6.
Mayor Suarez: About two hundred some million?
Mr. Surana: One point six.
Mayor Suarez: You mean a hundred sixty million?
Mr. Plummer: See, you know, Mr. Mayor, where the problem comes, when we give
out a figure that says that the Police Department is 75 million dollars.
That's not reality. If you look at reality last year in the City of Miami
Police Department, we spent over $100,000,000. Now, a great deal of that was
capital improvements. But it was still money that was spent in the Department
of Police.
Mayor Suarez: Some of it came from the GO bonds approved for the substations,
Yes.
Mr. Plummer: So, you know, it's not reality when we say, or we're told, that
the Police Department is a $75 million dollar ticket. It's way over a hundred
million last year. That's reality.
Mayor Suarez: One other interesting factor, Commissioner Range, is the county
had a - overall a property tax valuation or growth of 6.7 percent...
Mr. Surana: Yes, almost 7 percent.
Mayor Suarez: ...I believe, and ours' was about half of that. So we didn't
have a good year in terms of valuation increase. Which is one of the reasons
that we're fighting to try to make as many of the major developments to be in
the City and not in the county. OK, Commissioners, we've got a...
Mr. Plummer: Let me ask one question of the... the one that bothers me. Mr.
Manager, tell me why Southern Bell pays us so little in comparison to Florida
Power & Light?
Mr. Odio: I'll have to check it. Those are franchise fees that were
negotiated seven years... _
Mr. Plummer: But, I mean, you know, to me, they both have poles on the street
and that's what they're paying the franchise fee for. Southern Bell pays us
like $650,000 a year and Florida Power & Light is in the millions.
10 July 27, l'29
x
Mr. Surana: There are two differences. One is the rate difference. Southern
Bell pay us 6 percent, FP&L pays us 10 percent. And plus, their base is lower
than FP&L. Whose are two components.
Mr. Plummer: OK. I don't like it, but I guess that's the answer.
Mayor Suarez: OK, on one...
Mr. Odio: I just want to say, for the record, on the operating millage, Mr.
Mayor, that we kept it the same, than in spite of a 7 percent increase in
cost, that we were able to keep the operating millage the same. I'm going to
check from here to the second reading what we can do about this debt service
which I have no control over.
Mayor Suarez: Thank you.
Mr. Odio: As far as we're concerned, every department of the City, including
you and the Commission, have absorbed a 7 percent increase in cost.
Mr. Dawkins: That comes out of bond issue that we have to pay with debt
service?
Mr. Plummer: No.
Mr. Surana: No.
Mr. Odio: No, sir.
Mr. Dawkins: Well, then, all right, well then, you know, but don't make the
peo... don't put it on our back.
Mr. Odio: That's what I'm saying.
Mr. Dawkins: OK, well, all right, clear it up.
Mr. Odio: That's what I'm saying. I'm saying that the debt service is
totally separate and we have no control over it.
Mayor Suarez: The operating...
Mr. Odio: And you have no control over it.
Mayor Suarez: The operating tax rate of the City of Miami is remaining at
exactly the same amount as your proposal. I'll entertain a motion on that.
I'll move it. Do vve take them separately?
Mr. Surana: No.
Mr. Dawkins: No, you have to take them all...
Mayor Suarez: Operating and debt service both together or are we take them
separately?
Mr. Plummer: No, it's one.
Mayor Suarez: I know later on, we'll take them separately. At least we
usually do. Which ever. I'll move the two of them together as proposed and,
of course, keeping in mind that we want to know and I'm getting some schedules
printed up and passed out to the Commissioners of the capital payments that
we've been - debt service payments that we've been making because I don't
understand that increase of 4 million in one year.
Mr. Dawkins: The second reading will be after the budget workshop?
Mr. Surana: No, there's only one reading. This is... We are required by
state law to provide a millage to property appraisers office. Then, in
September, you have option to bring this down, not up.
Mr. Dawkins: OK, so, whatever we do today can be bought down.
Mr. Surana: Yes, sir.
1i July 27, 1089
Mir. Dawkins: At the second hearing.
Mr. Suranki In the September first public hearing.
its September to bring it down.
Mr. Dawkins: What are those two options?
MAyor Suarez: Two more readings.
Mr. Surana; September 14th and September 28th.
Mr. Dawkins: To bring what down?
Mr. Surana: Millage.
You hawfe two more 6ptlafto
Mr. Plummer: For the record, I second the motion. I'm totally in opposition
to the budget. If anything, in my estimation, a negative vote would say that
I wanted to raise the millage, which is definitely not the case. A vote for
the motion is that it would not be... it would not exceed that amount but in
workshops, we can reduce it. So I second the Mayor's motion.
Mr. De Yurre: OK, we have a first...
Mr. Plummer: And I want to put you on notice. I fully intend to do such.
Mr. Surana: All right.
Ms. Range: That millage is presently 9.5.
Mr. Plummer: Correct.
Ms. Range: Very good.
Mr. De Yurre: We have a motion and a second. No further discussion? Call
the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 89-688
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH
A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI,
FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989
AND ENDING SEPTEMBER 30, 1990.
(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:
AYESs Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
`
Mr. De Yurre: I'm going to vote no, but, first of all,
you know, I want to
'}
congratulate the administration for keeping the millage
rate, the operating
s>-
budget, at least, at the 9.595. My problem, again, is with the increase in -
the debt service millage rate and for that reason, I'm voting no at this time.
" .
1
.Tiny7, 1�
g9
-.�. _-------------------------------------------------- ---
3(A) STATEMENT OF POLICY: ALL BUDGETS OF CITY -FUNDED AGENCIES MUST BE
CONTAINED IN CITY BUDGET BOOK AND MUST CONFORM TO SAME ADMINISTRATIVE
PROCEDURES.
(B) E}`TEND DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOUNDARIES TO INCLUDE WEST
SIDE OF RAILROAD TRACK AND SOME PART OF OVERTOWN - Request that
reasonable boundaries be drawn accordingly.
(C) DISCUSS AND TEMPORARILY DEFER CONSIDERATION OF PROPOSED RESOLUTION
ESTABLISHING PROPOSED MILLAGE RATE FOR DDA (fiscal year October 1,
1989 - September 30, 1990) (See label 40C)
Mayor Suarez: Item 2, authorizing executive director of the Downtown
Development Authority to establish a proposed millage rate for the downtown
development district. Peter, are we keeping the millage rate at the same
level, increasing, decreasing, what are we proposing?
1 Mr. Peter Andolina: We're proposing point five which is the same as last year
and it's the maximum under the enabling legislation.
Mr. Dawkins: And the downtown development, the funds collected will be used
to do what?
Mr. Andolina: Planning and marketing for the downtown area.
Mr. Dawkins: I can't hear you.
Mr. Andolina: Planning and marketing activities for downtown Miami.
Mr. Dawkins: And downtown Miami boundaries for this will be what? - north
boundary, south boundary, east boundary and the west boundary.
Mr. Andolina: The northernmost boundary is N.E. 24th Street, southern
boundary is S,E - S.W. 15th Road, eastern boundary is Biscayne Bay, western
boundary is a meandering line but pretty much follows the Metrorail alignment.
Mr. Dawkins: So that means that this will cover nothing west of the rapid
transit line.
Mr. Andolina: That's correct.
Mr. Plummer: It's also to hire an attorney to sue the City Commission.
Mr. Dawkins: Go ahead, J.L.
Mayor Suarez: We didn't get to...
Mr. Plummer: Well, you remember the article...
Mayor Suarez: Yes.
Mr. Plummer: ... in Miami Today that they were going to get an attorney to _
sue the City Commission. That was the chutzpah article.
Mr. Dawkins: Oh, you just reminded me, that's right.
Mr. Plummer: Yes, you know. That's the same DDA.
Mr. Dawkins: OK, that's the same group.
Mr. Plummer: Yes.
Mr. Dawkins: All right. So they're...
Mayor Suarez: I can report to the Commission that no attorney has been hired
and no law suit will be filed and...
Mr. Dawkins: Well, after we dissolve them, then they can go hire a lawyer.
Mr. Plummer: That's fine with me.
13
e
Mr. De Yurre: Is that in the form of a motion?
Mr. Plummer: Huh? Don't tempt me. I've tried before.
Mr. De Yurre: What was the budget last year?
Mr. Andolina: Sorry?
Mr. De Yurre: What was the budget last year?
Mr. Andolina: Total budget last year was one million five hun, excuse mel
$1,531,266.
Mr. De Yurre: And how much does the director make there?
Mr. Andolina: The director is making seventy-nine five, as I recall.
Mr. Plummer: Seventy-nine five comes out to about $118,000 a year.
Mr. Dawkins: You see, my only problem is, and I keep telling you guys this
and nobody hears it. OK? You're talking about developing Miami east of the
rapid, transit. OK? And then you got Overtown Park/West, west of the rapid
transit...
Mr. Plummer: Why are my numbers wacky?
Mr. Dawkins: ... and if you don't bring them both along at the same time,
you're going to have...
Mr. Plummer: Approximately. Blaisdell is right on the money.
Mr. Dawkins- ... a slum on one side and a well developed area on the other
side.
1
Mr. Plummer: So why am I wacky?
Mr. Dawkins: Now, this administration has no problem with taking funds that's
committed to Overtown Park/West to do things in other parts of that area, but
they have a problem with taking funds from that area to go over there and do
something. And I have a problem with that.
Mayor Suarez: Peter, the Commissioner is making a very good point about the
involvement of DDA in things other than exactly within the boundaries of DDA.
Hasn't there been a market change in that? Didn't we finally...
Mr. Andolina: Yes, sir, fact is...
Mayor Suarez: ... approve substantial amounts of budget to help in Overtown
Park/West and other projects of the City. _
Mr. Andolina: This year in particular we've been working very actively with
the Overtown Advisory Board on a brochure for Overtown. We've spent in excess
of $20,000 in that effort and staff time has been well expended in that area
working with various groups in the Overtown area.
Mr. Dawkins: Where is the brochure?
Mr. Andolina: I think it's going to...
Mr. Dawkins: Where is it?
Mr. Andolina: It's going to print this month, sir.
Mr. Dawkins: How long you been working on it to take it to print?
Mr. Andolina: Probably about four months.
Mr. Dawkins: OK, see, now, but the Mayor says you're spending money in
Nce` Overtown area. Yet, you're making promises, but you haven't
produced. Soo,,
now if you had been printing a brochure for the Downtown Development, it would
not take you four months to get it printed, sir.
14 July 7, 19
0
wJI
Mr. Pluiftera You gave a hundred - I'm sorry...
Mr. Dawkins: Go right ahead, J. L.
Mr. Plummer: You gave a hundred and eighty thousand to the general fund of
the City last year. I note, with interest, that you're not giving the City
anything this year. What?
Mr. Odio: They didn't give it this year...
Mr. Manohar Surana: Didn't give nothing this year. They were going to give
Mr. Plummer: What do you mean, they were going to give it? Why didn't you
collect it?
Mr. Andolina: The approved budget did not include a hundred and eighty
thousand for the City.
Mr. Plummer: The City Manager's budget says that you gave a contribution last
year is it a hundred and sixty or a hundred and eighty? A hundred and
eighty thousand and now, to add insult to injury, I'm told you didn't even pay
that.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: And why wasn't this Commission notified that they did not
fulfill their agreement? You see, somebody in the administration dropped the
ball. We should have been told long ago that they owed us a $160,000 and did
not pay us.
Mayor Suarez: What was the deal, Peter?
Mr. Andolina: My recollection is that it wasn't last year, it was the
previous year. We were paying for a Planning Department position and that
money was forwarded to the City.
Mayor Suarez: And it was in regards to what? The downtown DRI, wasn't it?
Mr. Andolina: The DRI and the master plan, yes.
Mayor Suarez: Remember, we have...
Mr. Plummer: No, I want to... whoa, no, I want to get in an argument. They
owe me a $180,000, that's not cigarette money.
Mayor Suarez: Remember, Commissioners, in accordance with the budget approval
of DDA, you have two oversight requirements that we have imposed on DDA.
Number one is as to the operating budget; we have to approve the entire thing.
Any deviations from it we have to approve if they exceed, I think, $5,000.
And then, because of a motion made by you a couple of years ago, we separate
the capital budget of the DDA for capital improvements which was roughly
$300,000. I don't know if it's going to be the same thing this year because
the budget is not before us right now. And that also, we have to approve any
deviations from that. Now, two years ago, the DDA paid for the Planning
Department's downtown DRI but that was not part of the budget last year. The
Commission here has to approve the budget for DDA anyhow and we'll do that or
not do it... I don't know.
Mr. Dawkins: Is this the same...
Mayor Suarez: It's just the setting of the millage rate.
Mr. Dawkins: How did the DDA decide not to pay the City $180,000, Peter?
Mr. Andolina: We never made such a decision, sir. Our budget that was
approved last year did not include payment to the City of $180,000.
Mr. Dawkines Well, but it promised a year before that. Now, who took it out
the year before?
15
Mr. Andolina: No, we ...
Mr. Dawkins: If it was promised the year before, you had'to, under some
circumstances, or some method, remove it from the next...
Mr. Andolina: We paid it the year before.
Mr. Dawkins: All right, well why didn't you pay it the next year?
Mr. Andolina: The master plan and DRI were...
Mr. Dawkinst Beg your pardon?
Mr. Andolina: The work that we were paying for had been completed by the City
Planning Department.
Mr. Dawkins: See, J. L., that's the same board that wants to hire a lawyer.
Mayor Suarez: Let me clarify once again what we're doing today is setting the
millage rate so that people have an opportunity to be aware of the proposed
millage rate. We will vote on the entire budget of DDA. Why, by the way, if
the other agencies have gotten us proposed budgets, at least I've heard the
Sports & Exhibition Authority has gotten something that looks like a budget.
J. L., I don't know if it's exactly to your satisfaction in terms of the level
of detail. Why hasn't the DDA done that, Peter?
Mr. Andolina: Our board just approved the budget last Friday and we're
putting it in the City's format and that should be completed this week.
Mayor Suarez: I would strongly recommend that you get that to us before the
end of this month so during the August recess, everybody can pore over that
and if we choose not to approve it, or to vary it or to require payments to
the City for planning efforts that Planning Department of the City does that
have to do with DDA or whatever, that we be in a position to do that.
Mr. De Yurre: What was the millage rate last year?
Mr. Andolina: Point five.
Mr. Plummer: That's set by state statute, that's the maximum they can charge.
Mr. De Yurre: It was point five.
Mr. Plummer: Yes.
Mr. Andolina: Yes.
Mr. De Yurre: And you were asking for the same point five this year.
Mr. Andolina: Yes, sir.
Mr. Dawkins: Well, I cannot vote...
Mr. De Yurre: How much is the increase in property values in the downtown
area?
Mr. Andolina: I don't have the assessed value increase, but the total
increase in taxes is $35,889.
Mayor Suarez: And what is it... what...
Mr. De Yurre: That's the amount of the increase of the 'budget? That" this
r. amount of the increase of the budget?
Mr. Andolina:
The total...
Mayor Suarez:
What
is it
as a percentage, more or less?
thirtpmfive
thousand out of what,
Peter?
Mr: Andolina:
A total
of one
million - close to 1.5 million.
Kr, Plummets
How much
is that
over last year?
16
,Ih�.�► �7 �9�# t
0 0 -
Mr. Andolina: It's a $35,000 increase in taxes over last year, tax receipts.
Mr. Plummer: You know, it's funny. In the City of Atlanta, the DDA of
Atlanta is totally funded by the private sector. Not a dollar of taxpayers
money.
Mr. Dawkins: That's not Atlanta. I will not be voting for this, although I
reserve the right to change a vote and what have you and work with it. But
I'm not satisfied with the DDA's commitment to Overtown Park/West and unless
you pay roe my $180,000 from last year, and make me a promise of where you're
going to pay me $180,000 from next year, I'm not going to vote for your
budget.
Mr. Plummer: Put their office is in Overtown and let them realize where
reality is.
Mr. Dawkins: No, they may see...
Mr. Plummer: Instead of that penthouse they have up there that they're paying
a fortune for.
Mr. Dawkins: But, you see, if I do that every time they get ripped off,
they'll rip themselves off and swore that somebody over there stuck them up so
let them stay where they are.
Mr. Plummer: Well, I can't vote for their budget. I don't have their budget
in front of me, I don't know what they're doing and I think it's actually
ludicrous to ask anybody sitting up here to vote for something that we don't
have any backup on. Nothing. At least the Manager, as much as I disagree
with his book, gave me a book. I mean, all I got from you is an agenda item
and I don't know how you're proposing or what you're proposing and you're
asking me to approve it. My friend, that's a helluva way to run an airline.
Mr. De Yurre: Well, right now we're just asking what the millage rates, what
we're trying to approve right now.
Mr. Plummer: I don't... maybe, in fact, it's not necessary and I understand
what you're saying. My negative vote will not be because of the fact that
they're setting it and can reduce it. My negative vote is simply that they
have given me nothing, I don't have a paper, I don't have a book, I don't have
anything. I mean, it's crazy.
Mayor Suarez: I don't know, do we need it to be voted on today?
Mr. Andolina: Sir, the tax assessor's office has to receive the forms,
including the proposed millage rate, by 4:30, August 4th.
Mr. Plummer: Hey, that's your problem. And you didn't supply me with a damn
piece of material of any kind so don't come here saying it's my fault. I'll
tell you to me, for me to vote on your budget in any way, shape or form, even
just to set the millage...
Mayor Suarez: J. L....
Mr. Plummer: ... without something.
Mayor Suarez: Remember that we can reduce it all we want. In this case, as
opposed to the case of the City, we really can reduce it substantially. In
other words, without affecting the operations of anything that might...
Mr. Plummer: I fully understand what you say. My negative vote fully
understands the fact that we can reduce it, we can alter it, we can modify it.
But what are we altering? What are we modifying? I don't know.
Mayor Suarez: No, but I mean, it would be just putting the taxpayers in the
area, which, after all, is an area that is self contained. I mean, it doesn't
include anything outside of the DDA boundaries and we're just putting them on
notice of what the maximum, maximum might be of the tax imposition on them
and...
Mr. Plummer: Mr. Mayor, can I make a motion?
17
f
Z
p rf.
Mayor Suarez, ... that's what we're doing with that. Yes.
_
Mr. Plummer: I snake a motion at this time that from this
day forward, that
all departments subject to approval of this Commission and
for their budget,
must be contained in the master budget book.
Mr. Dawkins: Second.
Mr. Plummer: I'm speaking of DDA, Off -Street Parking, the
Sports Authority.
How in the hell can we deal with this pie when we only have pieces? I would
want everyone of those agencies to be subjected to the same
budget procedures
that the City is and that it all be contained in one book
when presented to
this Commission. And I so move.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
i
Mayor Suarez: Seconded. Any discussion? If not, call the
roll.
'-
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-689
A MOTION OF THE CITY COMMISSION STATING THE POLICY
THAT, FROM THIS DAY FORWARD, ALL BUDGETS OF CITY -
FUNDED AGENCIES MUST BE CONTAINED IN THE CITY BUDGET
BOOK DISTRIBUTED BY THE CITY MANAGER AND MUST CONFORM
TO THE SAME ADMINISTRATIVE PROCEDURES FOLLOWED BY CITY
DEPARTMENTS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Ms. Ranges This is just - please, excuse me a moment.
-
Mayor Suarez: Just for the present...
Ms. Range: This is just for the present - all right,
because I have...
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: I think he was trying to standardize
the budgets of all the
agencies of the City to be similar to our...
y<
Mr. Range: Right.
Mr. Plummer: Mr. Mayor, all I'm trying to do is.that
when we get this before
us, that we have the total picture. We're taking this
thing in piecemeal and,
you know, that's the best way I know to get into trouble.
This will avoid
that problem.
'
Mayor Suarez: If you want to table the millage...
Mr. Dawkins: What little boy?
Mr. Plummer: Huh?
it
M
k
I4
5Z
{
Mr. DAWkina: What little boy?
Mr. Plummer: Book, book, not boy.
Mr. Dawkinae Oh, I thought, oh, you said this little boy has troubles,
Mr. Plummer: Well, I'm a little boy.
Mr. Dawkins: No kidding.
Mayor Suarez: (dot a lot of little boys up here. J. L., how about if we table
it until later on in the afternoon. Give us, at least, a proposed budget,
Something that we can at least know when we're voting on a proposed...
Mr. Plummer: Fine, and then I'll vote to set the millage.
Mayor Suarez: Right.
Mr. Plummer: But I'm not going to do it without some paper in front of me.
Mayor Suarez: I understand.
Mr. Andolina: OK.
Ms. Range: Mr. Mayor, Mr. Mayor, just before...
Mayor Suarez: Yes, Commissioner Range.
Ms. Range: ... just before we leave this item, I have an observation that I'd
like to make and I suppose my sitting here for this period of time will, from
time to time, bring back to memory the days I sat here some 25 years ago. I
was...
Mr. Plummer: Please don't remind me.
Ms. Range: ... I was, at that time, a member of the DDA board and it was then
_
that I began a crusade, a one woman crusade, to have the bounds of the DDA
increased. We were not successful in doing that at that time. That was to
bring in parts of Overtown. Since that time, many, many city affiliations
have come to the Overtown area and it's stretching out farther and farther
north. Every time we look around, there's another building going in and it is
_=
_
taking up the Overtown area. Yet, nothing has been done, to my knowledge, to
spread the boundaries of DDA farther. What is it going to take to take in a
greater amount of the properties over there?
Mayor Suarez: Commissioner, let me answer that, if I may. The expansion of
DDA boundaries is not something that may be wanted by a lot of the sections
that we're talking about because what it does, is takes and adds an additional
half a mill of taxes to the property owners. The tax increment district that
we have in Overtown Park/West, for example, does the opposite. The City
commits itself for all new taxes to spend them in that particular neighborhood
and, you know, we sometimes are confusing a special independent taxing
district like the DDA which means an increase in the taxes to the existing
property owners with the same valuation that they have with the tax increment
district, which means that we would agree that all future increments in taxes
will be used in that particular district and it isn't all that clear that too
many people wanted to be included within the DDA district. If any area wants
to be included, they have to agree to pay an extra half a mill and that may or
may not be a good idea for many property owners' standpoint. The point of
DDA, that particular district, is that it's a highly developed district of the
City where people, presumably the property owners, can afford to pay that
extra half a mill. It's only one - the only one in the state, I think right
now, as an independent... especially independent taxing district although it's
allowed in any development area of any downtown. I don't know of any other
county that has it or city.
Mr. Andolina: There are four independent districts in the State of Florida
right now.
Mayor Suarez: What other cities have them, Peter?
f
19 July 27 r
■
Mr. Andolina: Palm Beach, Ft. Lauderdale, Miami and I can't think of the
fourth one right now.
Mayor Suarez: And what Commissioner Dawkins has been doing and I have to
admit that not with the greatest success, and all of us have been doing, not
with the greatest success, is to try to use some of the funds created by this
district to help neighboring districts and in the case of the pamphlet or the
brochure, this is just a tragic situation to have taken this long to get it
out, Peter. I mean, we would think that from one Commission meeting to the
next, when you hear us here in the level of our impatience and anger, that
something drastic would happen. That we would speed up, fast track and get
those kinds of things accomplished quickly because as it's been pointed out
here many times, when it's something that seems to interest Miami's business
community - what you might call the establishment - it seems like we act very
quickly and when something that affects some of our needier neighborhoods, it
seems like it takes forever. Why would it take so long to get a brochure out?
That's...
Mr. Andolina: We've been working hand in glove with the Overtown Advisory
Board and following their instructions on putting this thing together.
Mr. Dawkins: And the other thing is, it's amazing that you say, what area it
affects and the taxing district just happens to be west of the rapid transit
and that's where all the new buildings are going up. Just coincidental.
Ms. Range: And that is where much of the properties that once belonged to the
people of whom you speak, Mayor, who may not be willing or able to be a part
of DDA, those properties have changed hands and certainly many, many of the
property owners or the principal property owners there now can certainly
afford to be a part of DDA and...
Mayor Suarez: Yes, I think we've kind of made it into a downtown, really, by
our projects. That Overtown area that just...
Ms. Range: Certainly. Certainly, the Overtown area is rapidly diminishing.
Mayor Suarez: ... Southeast Overtown is now - it's like a downtown now.
Mr. Plummer: I think the problem and, to me, the obvious rub is the fact that
Park/West is included in the DDA. But, on the other side, Overtown is not.
Mayor Suarez: Yes.
Mr. Plummer: And I think that's where the real problem exist.
Mayor Suarez: We maybe ought to be looking at expanding the boundaries now
that, as Commissioner Range is pointing out, that the property values have
gone up substantially and it's beginning to look like a downtown over there.
Ms. Range: That is true and one of the factors there is that those properties
have been purchased by downtown land owners. Much of that property over
there.
Mayor Suarez: One case a member of it, Downtown Development Authority.
Ms. Range: Well, you know, I didn't say that, you did.
Mr. Plummer: Well, you know, the best way to find the answer to a question is
to ask.
Mayor Suarez: Yes.
Mr. Plummer: Why don't we ask the people of Overtown if they want to be
included realizing that there is a cost factor and I think that's the best way
to do it. To see, is there an interest and to do it.
Mr. Dawkins: That's the new businesses coming on line or the present
businesses?
Mayor Suarez: All property owners.
Mr. Plummer: The ones that are presently owners.
+r�
Mayor Suarezi All property owners.
Mr. Plu ma rr They're the ones that are going to be taxed,
Mr. Dawkins: Well, then, OK, but...
Mayor Suarez: A lot of it is owned by us.
Mr. Dawkins, That's right, most of it.
Me. Ranges And they're also the ones, on the other hand, that are going to
benefit. That's what I'm thinking in terms of.
Mr. Plummer: Exactly.
Mayor Suarez: I think a lot of the properties are owned by us now, you know,
we...
Mr. Dawkins: And all we don't own, the speculators own.
Mayor Suarez: Yes, and then the rest is speculators.
Ms. Range: Well, the speculators who own them even though they're going to
have to pay an additional half percent or whatever the figure was you
mentioned...
Mayor Suarez: Yes, half a mill.
Ms. Range: ... they're also going to benefit from whatever comes from that _
and if they benefit, then Overtown is naturally going to benefit and I think
we should pursue that.
Mayor Suarez: I really believe that. And I'll be happy to take that in the
form of a resolution and take back to DDA.
Mr. Plummer: I find it difficult to feel sorry for the developers.
Mr. Andolina: Mr. Mayor, for the record, we can only operate in commercially
zoned districts of the City so...
Mayor Suarez: Most of the Overtown area is commercially zoned in accordance
with the last changes in the comprehensive master plan, in case you didn't
notice. All right, I'll entertain a resolution on that or a motion if you
want to make into the form of a motion.
Ms. Range: Yes, I'll make that in the form of a resolution.
Mr. Plummer: State the motion.
Mayor Suarez: That the DDA boundaries be considered to include the west side -
of the tracks, so to speak, and some part of what is now known as Overtown.
Mr. Plummer: Are we then following what? -over to 7th Avenue, up to 20th
Street?
Mayor Suarez: It wasn't specified.
Mr. Dawkins: Third Avenue.
Mayor Suarez: Do you want to - we can bring back boundaries that might make
sense and have the Commission consider them.
Mr. Plummer: Well, it would seem like to me that it would follow the river
over to 7th Avenue and the 7th Avenue - what's the north boundary presently of
the other? -24th Street?
Ms. Range: Twenty-fourth. But that's northeast.
Mr. Andol ina: But that only goes as far west as the east side of second,,,._,.
east Second Avenue, so it's not all the way to...
21 July 27, 199
Mr. Plummer: Well, let's make...
Me. Range See, what has happened, Commissioner Plummer, they've actually
well, we use the word gerrymandering again - they've actually gone aroUbd bVer
to N.E. 24th Street and N.B. 2nd Avenue. Is that correct?
Mr. Andolina: Yes.
Ms. Range: And if we evened it out, it would probably go around northwest
over to N.W. 7th Avenue and come straight down.
Mayor Suarez: That could create a problem.
Mr. Plummer: But what would the north boundary be?
Ms. Range: What would that create?
Mayor Suarez: That would create a problem. The problem would be if we took a
lot of the areas that you're now describing - that corner, 24th Street down
and 7th Avenue. You'd be adding half a mill of taxation to properties that
can barely afford what taxes are as they are now.
Mr. Plummer: Well, that's why I'm asking. Are we talking about 20th Street
as the northern boundary?
Ms. Range: Well, I think that we do not need to decide today...
Mr. Plummer: All right.
Ms. Range: ... on what the boundaries should be. I think that would deserve
a little more study.
Mayor Suarez: I think we're thinking a lot of some of improved and increased
valuation properties which are now in Overtown Park/West. That's what
everybodys' thinking about.
Mr. Plummer: So what you're saying is, the motion is to study it and bring it
back to the Commission for possible implementation.
Ms. Range: That is correct.
Mr. Plummert That's fine. I second the motion.
Mayor Suarez: So moved and seconded. Any discussion? If not, call the roll.
The following motion was introduced by Commissioner Range, who moved its
adoption: _
MOTION NO. 89-690
A MOTION THAT THE DOWNTOWN DEVELOPMENT DISTRICT
BOUNDARIES BE EXTENDED TO INCLUDE THE WEST SIDE OF THE
RAILROAD TRACK AND SOME PART OF WHAT IS NOW KNOWN AS
OVERTOWN; FURTHER, REQUESTING THE ADMINISTRATION THAT
REASONABLE BOUNDARIES BE DRAWN EXPANDING THE PRESENTLY
ESTABLISHED BOUNDARIES; AND FURTHER, REQUESTING THAT
THE MANAGER BRING THIS ISSUE BACK FOR THE CITY
COMMISSION'S CONSIDERATION AT A FUTURE MEETING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYESt Commissioner J. L. Plummer, Jr.
Commissioner M. Athalis Range
........».�.._ ---- ------ ---------------------------------
4. CONTINUED DISCUSSION ON ESTABLISHMENT OF PROPOSED MILLAGE RATE FOR CITY
OF MIAMI (fiscal year October 1, 1989 - September 30, 1990)(See label
2).
Mayor Suarez: Let me gust point out, having here all the debt service
figures, Mr. Manager, this is highly unusual. I had copies made for all the
Commissioners. In 185, we were paying 22 and a half million dollars a year;
in 186 we were paying 24.2; in 187, 25 million; now missing 188, but to 189
somehow we went down to 20 million. Maybe that was the first year that we did
the refinancing. In 1990, 24 million; in 1991 again, back down to twenty-two.
Somehow, 1990 is just out of character with the trend there. We had gotten up
to 25 million in '87 and we started going down and somehow 1990 is a stepchild
here with 2 million dollars - almost 2 million dollars higher than the - well,
4 million higher than the prior year and 2 million dollars higher than the
next year and that's the year we happen to be in and somehow, something went
awry there because we have not approved any GO bonds and had refinanced and
somehow, got hit really hard in this particular fiscal year by a factor of
about 2 million there.
Mr. Plummer: Mr. Mayor...
Mayor Suarez: Which is precisely the increase that you're proposing. Yes, J.
L.
Mr. Plummer: Mr. Mayor, let's set the record straight. This paper which has
just been handed to us is only...
Mayor Suarez: General obligation.
Mr. Plummer: ...only the bonds. This does not include more than double this
amount in long debt service, which is also part of debt service.
Mayor Suarez: And revenue bonds, special obligation bonds, right.
Mr. Plummer: Well, but these are just the bonds.... when we're looking...
Mayor Suarez: Yes, these are general obligation bonds which are the ones that
affect our debt service millage rate and that's why I wanted to clarify.
Mr. Plummer: No, no, no, no. That is one of the factors that make up our
debt service. We have more debt service than a hundred and ninety-nine
million dollars. When you add to that the long term debt as well as bonds,
Mr. Surana...
Mayor Suarez: Yes, but J. L....
Mr. Plummer: ...give me approximately that number.
Mayor Suarez: For the millage rate, the debt service millage rate is only to
cover general obligation and that's what this is for.
Mr. Plummer: I understand that, but the...
Mayor Suarez: Yes, we do have other debt and you've pointed it out and have
gotten some...
Mr. Plummers Yes, sir.
Mr. Odio: Yes,
service millage.
but you cannot include the Gates payments into the debt
Mr. Plummer: Well, we haven't made the Gates payments yet.
Mr. Odio: Yes, we have.
Mr. Plummer: Oh, I'm sorry, the settlement. OK, I'm sorry.
23
Mkt. Odio: 'few, we have. But and we cannot include it in the debt serviee
It COM68 out of general fund,
Mayor Suarest So if you have some answer for us between now, please, and the
budget hearings, Mano, Mr. Manager...
Mr. Odio: We will.
Mayor Suarez: ... as to why we had this little,..
Mr. Odio: I tell you, I'll go over it again and if they cannot justify to me
that it should be increased, you can reduce it to what you want.
Mr. Plummer: When are the workshops scheduled for?
Mr. Odio: We haven't scheduled any. We...
Mr. Plummer: And we're going to have them somewhere other than the Hyatt
Hotel downtown.
Mr. Odio: Yes.
Mr. Plummer: OK.
Mr. Dawkins: Where, here?
Mr. Plummer: It's up to you all when you want to have it.
Mr. Plummer: I don't care. I just don't want to go back down to the Hyatt
with the hassle of parking and all of the problems existing. It's, you
know...
Mayor Suarez: Any place around here is fine.
Mr. Plummer: Hold it in Metrorail.
-----------------------------------------------------------------
5. APPOINT RODNEY BARRETO AS MEMBER OF DOWNTOWN DEVELOPMENT AUTHORITY.
(Note: Mr. Barreto replaces Henry Salum.) (See label 41.)
------------------------------------------------------------
Mayor Suarez: Item three...
Mr. De Yurre: Mr. Mayor, before we get off the DDA item...
Mayor Suarez: Yes, Mr. Vice Mayor.
Mr. De Yurre: ...one of my appointees to the DDA board, Henry Salum, has
resigned and I would like to have him replaced and I'll put it in the form of
a motion with Rodney Barreto.
Mayor Suarez: Who was that, Victor?
Mr. De Yurre: Henry Salum.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. This is' on DDA?
Mr. De Yurre: DDA board.
Mayor Suarez: It was your prior appointment, right?
Mr. De Yurre: That's right, ,
The following motion was introduced by Commissioner De Yurre, who moved
Its adoptions
MOTION NO. 89-691
A MOTION APPOINTING RODNEY BARRETO TO REPLACE HENRY
SALUM AS A MEMBER OF THE DOWNTOWN DEVELOPMENT
AUTHORITY.
(Note for the Record: Mr. Barreto vas nominated by
Vice Mayor De Yurre. This recommendation will be
forwarded to the DDA for approval and shall then come
back to the City Commission for confirmation.)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following votes
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENTS None.
Mr. De Yurre: Thank you. —
--------------------------------------------------------------------
6. EXECUTE PURCHASE CONTRACT WITH MIAMI-DADE COMMUNITY COLLEGE - for
acquisition of 4.4 acres of City -owned property for expansion of Medical
Center Campus.
Mayor Suarez: Item three. Community college...
Mr. Dawkins: Move it.
Mr. De Yurre: Second.
Mayor Suarez: ...purchase contract. Moved and seconded. Any discussion? If
not, call the roll.
Mr. Odio: I don't think Miller can vote for this.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-692
A RESOLUTION, WITH ATTACHMENTS, OF THE MIAMI CITY
COMMISSION APPROVING THE EXECUTION BY THE CITY MANAGER
OF A PURCHASE CONTRACT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COMMUNITY COLLEGE FOR THE
PURCHASE OF APPROXIMATELY 4.4 ACRES OF CITY OF MIAMI
OWNED PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
NORTHWEST 20TH STREET AND LOTH AVENUE, TO BE USED FOR
0
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalle Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Odio: Excuse me, excuse me, one minute.
Mr. Jorge Fernandez: Mr. Dawkins, I believe that Mr. Dawkins need to...
Mr. Dawkins: I will receive no benefits from this. It will not be a conflict
of interest.
Mr. Fernandez: Fine.
Mr. Dawkins: They do not pay me for being Commissioner, they pay me for
working at Miami -Dade with students so there's no conflict of interest.
Mayor Suarez: OK, continue the roll call.
Mr. Plummer: Don't pay you to be a realtor.
Mr. Dawkins: Thank you, Commissioner.
Mr. De Yurre: The City Attorney's office has approved his contract, correct?
Mr. Fernandez: Yes, we have.
Mr. Plummer: In my affirmative vote, Mr. Manager, let me reiterate that you
put on the record that the facilities that are duplicated because of the loss
of this property are still not to exceed 2.6 million dollars.
Mr. Odio: Yes, sir.
Mr. Plummer: I vote yes.
7. INSTRUCT CITY ATTORNEY TO DRAFT CHARTER AMENDMENT NO, 1 CONCERNING CITY
PROCUREMENT OF PUBLIC WORKS/IMPROVEMENTS/GOODS/SUPPLIES/COMMODITIES -
Set dollar amount at which sealed bids requirement becomes applicable.
Mayor Suarez: Item four.
Mr. Jorge Fernandez: Yes. Item four is what is being proposed as the first
charter amendment for the November election. This is at the request of the
administration. We have prepared this charter amendment which, in essence,
eliminates the charter requirement of any amount in excess of $4,500 needs
City Commission approval. To, in it's place, have that requirement
substituted with an amount to be determined by you by means of an ordinance.
Mr. Dawkins: You know, Mr. Mayor, I'm at a total loss. We sit up here, we _
complain - I complain, I don't know about we - that we got enough items on the
agenda now and this appeared to be a move to where we're going to bring.more
items back before the Commission.
Mr. Odio: What it will do is reduce them, Commissioner.
Mr. Dawkins: Why? How, Mr. Manager?
Mr. Odio: Because right now, anything above $4,500 has to come to you.
Mr_ nAwlrinns Sn what vnttlrw aavina is than what T roan An nnw in anv nnu+hinn
Mr. Odiot Or I would suggest not that high but, I mean, may $10,000. That
$4t500 was a figure set about 40 years ago...
Mr. Plummer: No, that's not true.
Mr. Odios ...or 20 years ago.
Mr. Plummers No, air, that is not true.
Mr. Odio: No? I'm sorry.
Mr. Plummer: It's been reset since I've sat on this Commission.
Mr. Odio: I stand corrected.
Mr. Plummer: It used to be $1500 and we moved it to $4,500.
Mr. Odio: Right. And we're suggesting when you need, we'll bring it up...
Mayor Suarez: We would do it by ordinance. Is that what the charter
amendment does? The charter amendment makes it so that we would do it by
ordinance as opposed to doing it by having to change the charter every time.
Mr. Fernandez: Exactly. Exactly.
Mayor Suarez: Well, assuming that we support this concept, what would be a
good figure, Commissioner, so that we can get on to other items?
Mr. De Yurre: If we're going to go through the process of a referendum and
the whole nine yards, then we got to talk about some significant amount and I
wouldn't...
Mayor Suarez: Not necessarily...
Mr. De Yurre: Yes, but what's the difference?
Mayor Suarez: ...because all we're doing is changing it to .an ordinance so
that in the future we can, just by ordinance, adjust it so we really don't
have to...
Mr. De Yurre: But are we going to set a figure?
Mr. Fernandez: No, no, no. The referendum does not contain a set figure.
Mayor Suarez: Yes, I misstated it.
Mr. Fernandez: It's just giving you the flexibility of setting it by
ordinance from time to time.
Mayor Suarez: I misstated it myself by... all we're doing is just taking it
away from the charter requirement and...
Mr. Fernandez: Exactly.
Mayor Suarez: ...and making it so that we can do it by ordinance. So it's
only...
Mr. Fernandez: So for an example of that could be that for one year you may,
by ordinance, decide that the amount should be $10,000 and the next year you
may decide the amount should go back again to $4,500 so you may, by ordinance,
from time to time, have the flexibility of adjust this amount. Upwards or
downwards, whichever way you...
Mr. De Yurre: My concern is how the voters are going to view this. You know,
that's politically speaking as far as, you know, what chances would it have
if, you know, if it isn't really spelled out as to exactly what it is that
we're going to be dealing with and, you know, I'd hate to put something on.the
ballot that I don't think would stand a prayer in getting passed. You know,
without any stated amount.
Mr. Fernandez: I have prepared...
27
July
27,
1949
Mr. be Yurre: You know, we could put an amount say not to exceed X amount and
then we can always put a lesser amount as far as an ordinance is concerned.
Mr. Plummer: Well, I'm going to take the opposite track because, to me, it's
almost like saying that we trust all City Commissions into the future. I see
nothing wrong with the people speaking to the issue every two years. If it's
not adequate, let them speak to the issue at the time of the election. I
think it's a good procedure, I think $4,500 is maybe a little off of reality,
but I don't think that I'm prepared to vote to say, "Hey, City Commissions, in
the future, can set any damn number they want." And that's what it really
says.
Mr. Dawkins: So you say you want to review it every two years?
Mr. Plummer: I'm saying the public have the right to speak every two years if
they want to up it fine, if they don't...
Mr. Dawkins: Or lower it?
Mr. Plummer: Hey, it's just like the salary of the City Commission. We don't
have the right to set our salary in any way, shape or form. It's got to be
submitted to the voters. And I don't see a damn bit of difference.
Mr. Dawkins: Well, make a motion so we can get.....
Mr. Plummer: I move to deny four.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion?
Mr. Plummer: Mr. Mayor, just for discussion, I applaud the administration in
trying and I understand what they're trying to say is this is a way to reduce
the agendas but I think we, you know, we have an obligation and that
obligation, in my estimation, is to make sure that the dollars are well spent.
Mayor Suarez: Well...
Mr. Plummer: And the only way I know to do it is that we sit on top of every
one of the bidding procedures.
Mayor Suarez: How about this? If the idea was to take a few items off the
agenda to give a little bit more discretion to the administration, why not the
alternative charter amendment -that says, instead of $4,500 as a limit, we
specify what the limit would be.
Mr. Plummer: Ah, now you want to say that, I got no problem.
Mayor Suarez: Yes.
Mr. Plummer: You want to raise the limit up to $7,500, I think that's
reasonable in the period of time.
Mr. De Yurre: I think that's what I was leaning to but let me...
Mr. Plummer: Pine, I withdraw my motion.
Mayor Suarez: Yes, that way the voters will know up front what we're saying
as far as discretionary figure.
Mr. De Yurre: But let's understand what we're dealing with. What percentage,
you know, let's say if we go up to $7,500, what percentage of the items that
come to us fall within the forty-five to seventy-five hundred? You know, is
it worth... is there that much of a difference? And I would like to know that
before we, you know, we vote on anything.
Mr. Plummer: Well, I think what we're really saying, the buying power of when
it was set at forty-five, seventy-five is not unrealistic.
Mr. De Yurre: I understand that but the point that I'm getting at is if we're
;: talking about being more expedient and clogging less our agenda...
ek
Mayor Suarez: It'd be nice to have a statistical analysis of how many not
Items.,.
Mr. De Yurre: That's right, it may be that only two items or one item or, you
know, less than one a meeting.
Mr. Plummer: Wall, your problem is, you don't have the time to do an analysis
because it's got to be voted on today.
Mayor Suarez: Sure.
Mr. De Yurre: Well, maybe by tonight we can have those numbers.
Mayor Suarez: Would you buy ten thousand like Coral Gables with a $60,000,000
budget?
Mr. Plummer: Coral Gables has a $700,000 surplus in their budget, we don't.
You know, there's a lot of these rules, Mr. Mayor...
Mayor Suarez: We'd better have a bigger surplus than that by the time we do
it. We'd better have more than that by the time we do it.
Mr. Plummer: Mr. Mayor, you know, let me give you - we've got to review all
of these things, all right? For example, we have a thing still on our books
today that if you make anything to your home, if you do anything to your home
that exceeds $100, you got to take our a permit. Now that was great in 1949
but I don't know of a workman you can get to come into your house to give you
an estimate for much less than $100. It's ridiculous. I got a call yesterday
from a man who painted his house and they hit him with a $200 fine because he
didn't take out a painting permit, it exceeded a $100.
Mayor Suarez: I think electrical connections are even less than that. The
last time we looked, I think they were like $25.00 for any kind of a...
Mr. Plummer: You know, I...
Mayor Suarez: I agree but we can change that by ordinance any time we want.
Mr. Plummer: By ordinance?
Mr. Fernandez: Yes.
Mr. Plummer: Well, I would ask the administration to come back with a
recommendation on that. I think a $100 is...
Mr. De Yurre: Right, shouldn't we have a review panel...
Mr. Plummer: What can you get done in your house today for $100?
Mayor Suarez: Yes, we could do that. Not for this year, but we could
do it
for...
Mr. De Yurre: Maybe we should have the City Attorney's office look
into
proposed charter changes that are outdated.
Mr. Plummer: I sure agree with that.
Mr. De Yurre: You know, have just put somebody to work on that, then go
through the whole process.
Mayor Suarez: This one has been kicked around for almost four years. I
think
we ought to do that too, a wholesale charter revision analysis, but on things
that the administration thinks are useful to make the City function
more
.
smoothly but I think maybe we ought to make up our minds on this one. If
not,
kf`
let's just vote on...
Mr. De Yurre: I don't have no problem with the $7,500 except for the
fact .
ti
that I'd like to know how many items are we talking about. Is it really
going
'
to make a difference or not?
5.
;.
29 July 27,
.10,09
1
Mr. Eton Williams: Mr. 'Vice Mayor, if i may, we have reviewed this issue in
terms of the number of items that require Commission action within various
ranges.
Mayor Suarez%
What do you conclude, Ron?
Mr. Williams:
We conclude that just this action alone going to $10,000 could
easily save just in our own cost within the department, in excess of...
Mr. Dawkins:
We're not going to ten we're not going to ten we're g
8 g + B 6 . shin to
seventy-five.
Mr. Williams:
I'm sorry?
Mayor Suarez:
Suppose it was...
Mr. Dawkins:
Seventy-five, not ten.
Mayor Suarez:
The problem is that they're proposing seventy-five now, not
ten.
Mr. De Yurre:
Well, give me a $7,500 figure and give me a $10,000 figure. —
Mayor Suarez:
You may not have a seventy-five figure, he's calculate... what —
is it for ten,
just out of curiosity, if nothing else?
Mr. Williams:
We think the processing cost itself would be in excess of =_
$25,000 which
doesn't appear to be a lot of money in terms of a savings
perspective, but...
Mayor Suarez:
Now we're talking about $25,000?
Mr. Williams:
Yes. But in terms of mailing...
Mr. Plummer:
I rest my case.
Mr. Williams:
In terms of, you know, bringing it before the Commission, but I
think the...
Mayor Suarez:
How many items would that eliminate if it was $25,000?
Mr. Williams:
Thirty... based on the survey, that would eliminate 38 items.
OK?
Mr. De Yurre:
Annually?
Mr. Plummer:
Why don't you just eliminate any limits and then we don't need a
City Commission.
Mr. Williams:
Commissioner, the reason behind this proposal is that...
Mayor Suarez:
Commissioner Plummer has just suggested eliminating the Miami
City Commission by charter...
Mr. De Yurre:
Ron, are you talking about 38 items a year?
Mr. Plummer:
No, by ordinance.
Mayor Suarez:
By ordinance, right. Oh, yes, that's right, we can change our
minds.
`
Mr. Williams:
Yes, during the last fiscal year.
now:=
Mr. De Yurre:
Then that's $25,000?
Mr. Plummer:
We can vote ourselves out.
Mr. Williams:
Yes, ten. Ten, I'm sorry.
Mr, De Yurre:
Ten thousand.
Me. Ranges Seventy-five.
Mr. De Yurre: Bring it up to $10,000 and eliminate 38 items.
Mayor Suarez: in what? -the year?
Mr. De Yurre: A year.
Mayor Suarez: Is that the estimate, a year?
Mr. Williams: Yes.
Mr. Plummer: Divide that by 24, that's about one and a quarter items per
agenda.
Mayor Suarez: Well, I guess he was probably thinking of the general agenda,
it's not the planning and zoning.
Mr. Williams: Plus, you know, considering the fact that the City Commission
really likes to look into these items very closely.
Mr. Plummer: Ron, if we did that, we would not have the pleasure of seeing
your smiling face here at this City Commission and I just don't think I could
live through a day without seeing your smiling face.
Mr. Williams: Commissioner Plummer, you would call me by to tell me about
something anyway.
Mr. Plummer: You bet your bippy.
Mayor Suarez: You know, if, for $10,000, it's like three items for every
general agenda, 38 divided by 12, this is almost a futile exercise here.
Maybe we ought to go to ten or not go at all, Commissioners, because $7,500
might just be a few items.
Mr. Williams: Mr. Mayor, I think part of this also is try to bring us in line
with what's going on...
Mayor Suarez: Even ten is barely a major improvement, so...
Mr. Williams: ...with what's going on throughout the community. Obviously,
we've taken a look at what's happening in other cities, other municipalities
in this area. And we ask you to...
Mayor Suarez: Ron, but the question, Ron, that was directed at you had to do
with how many items would be eliminated from our agenda, given our form of =
government and you've told us that for $10,000 it might be 38 items a year.
That means no major improvement and so what I'm suggesting is that if we do
this at all or the alternative is to just go ahead take a vote on the motion
to scrap this whole thing, for lack of a better term. If we do it at all, it
should be at least ten, maybe we ought to consider it, but $7,500,
Commissioners, I don't think makes any sense, is what I'm saying. In view of
those figures.
Mr. Williams: If I may just tell you what others are doing.
Mr. Plummer: I don't care. I don't care what others are doing. They got to
protect their bailiwicks, I'm elected to protect this bailiwick.
Mr. Williams: Just additional information, Commissioner.
Mr.- Plummer: Fine, if you can't dazzle them with intelligence, flood them
with...
Mayor Suarez: Bring in the com...
Mr. Williams: Give them the facts.
Mayor Suarez: I guess the only one that would be higher than ten would be
Metro Dade at $25,000. Anyhow, Commissioners, what are we going to do with
this item? We have a motion to deny or to...
31 July 27, 1'989
Mr. Plummer: I withdrew that.
Mayor Suarez: Oh, it's withdrawn, OK. You want to try for ten? See how the
voters feel about it?
Mr. plumber: I got no real problem. I'll move it at ten. Not to exceed -
with a stipulation that at any time any expenditure under ten, even though it
doesn't need City Commission approval, we must be notified of it.
Mr. Dawkins: Second.
Ms. Range: I'll second.
Mayor Suarez: Moved and seconded. That's very similar to what we do with
i
City Attorney settlements and so on. Although the figure there is $25,000.
Mr. Fernandez: Yes, Mr. Mayor, a point of procedure. What the motion or the
resolution you're passing now will constitute the first resolution in which
you instruct me to bring back to you within a few minutes, or later this
morning or early this afternoon, a second and final resolution containing what
you're instructing me to do now.
Mayor Suarez: Because you need that today otherwise it can't get on the
ballot. Is that what you're saying?
Mr. Fernandez: That' right, exactly.
Mayor Suarez: Yes, air.
Mr. Dawkins: Hold up, because I'm going to have one for you on the next one
too so you can do them both at the same time.
Mr. Fernandez: I know.
— Mr. Plummer: Yes, but, you know, you got a serious problem. Mr. Mayor, are
we aware that Metropolitan Dade County is putting as many as possibly twenty
questions on the ballot for charter changes.
Mr. Dawkins: So what? -that's them.
Mr. Plummer: We're putting these on. Can you imagine the reaction of the
voters?
Mayor Suarez: It's not the best...
Mr. Dawkins: It's not the best, but...
Mayor Suarez: It's not the best scenario in the world, that's for sure.
Mr. Plummer: The timing is horrible.
Mr. Dawkins: The timing is way off.
Mr. Plummer: And also, you want the better one that they put on the ballot
yesterday increasing sales tax you know how... for rapid transit. You know
how that's going to go over. Like a lead balloon.
Mayor Suarez: We have a motion and a second. If we have no further
7. gxs••
��9{� 4F t
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�r
' +6 t.6116 ►ing resolution was introdua6d by Comisait 6t, piu
RESOLUTION NO, 89-69S
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT A
_ .
CITY CHARTER AMENDMENT TO BE KNGHAi AS CHARTER
=`
AM MT N0. i FOR REFERE"UM ON NOVEMBER 1, 1000, IN i
REGARD TO CITY PROCUREMENT OP W0DS, SUPPLIES AND n
COMMODITIES, THEREBY RAISING THE DOLLAR AMOdNT AT
,-
VHICH THE REQUIREMENT OF OBTAINING SEALED COMPETITIVE
FOR SUCH GOODS, SUPPLIES AND COMMODITIES BECOMES .-
APPLICABLE. � }.
.(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) '
Upon being seconded by Commissioner Range, the resolution was passed and
adopted;by the following vote:
AYES Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES$ None.
ABSENTS None.
COMMENTS MADE DURING ROLL, CALL:
J•r
Mr. De Yurre: Hold on a second ... , . ° <` u'0' :
Mayor Suarez: Ten thousand.
Ms. Hirai: Setting it at ten thousand. t'r
Mr. Plummer: Not to exceed. •*: fk
Ms. Hirais Not to exceed.
Mid
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-------------------------------------------------------------------------
8(A) INSTRUCT CITY ATTORNEY TO ISOLATE FROM PROPOSED CHARTER AMENDMENT NO. 2
PORTION DEALING WITH COMPENSATION TO CITY COMMISSIONERS - to be
submitted to electorate at future election.
(B) RECONSIDER ABOVE DIRECTION TO CITY ATTORNEY REGARDING CITY
COMMISSIONERS' COMPENSATION.
(C) INSTRUCT CITY ATTORNEY TO DRAFT CHARTER AMENDMENT NO. 3 CONCERNING
INCREASE IN COMPENSATION TO CITY COMMISSIONERS AS SEPARATE BALLOT
QUESTION ON NOVEMBER 7, 1989.
(D) APPROVE CONCEPT OF SINGLE -MEMBER DISTRICTS - Stipulate delineation to be
made after Federal decennial census of 1990 by a boundaries committee.
(E) STIPULATE THAT METHODOLOGY TO BE SELECTED FOR DETERMINING THE 2-YEAR AND
4-YEAR TERMS (FOR STAGGERING OF TERMS) SHALL BE BY DRAWING FROM A
SUITABLE CONTAINER.
(F) ESTABLISH NEW REQUIREMENT THAT IF THE NUMBER OF CITY COMMISSIONERS IS
INCREASED FROM 5 TO 9, THE REQUIREMENT FOR AN EXTRAORDINARY VOTE OF THE
CITY COMMISSION SHALL CHANGE FROM 4/5THS TO 7/9THS.
(G) CREATE BOUNDARIES COMMITTEE TO BE IMPANELED IN 1991 TO ESTABLISH, AND
THEREAFTER REDEFINE, BOUNDARIES AFTER EACH FEDERAL DECENNIAL CENSUS.
(See Label 39)
-----------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: On item five...
Mayor Suarez: On item five.
Mr. Dawkins: I've been here and I've placed the raise for Commissioners
before the Commission - before the citizens three times and three times it was
defeated. So, I think that to add the excess baggage, in my opinion, of the
raise, to the ballot, leads to the defeat and I think the voters need a
clearer choice. So I would like to go to line 14, I'd like to go to line 14
of the resolution and beginning where it says, "...providing for an increase
and annual compensation to be paid to individuals holding the office, of
thirty-seven and an increase for the Mayor of forty thousand...," and strike,
"... said changes and compensation to be subject to the increase or
decrease..." Detract that whole statement there and put it on and then if
we're going to ask for an increase, do it in 181 - I mean, '91, when everybody
has to run and that would be my motion to strike that section.
Mayor Suarez: So moved. Mr. City Attorney, as a clarification, if we were -
if that motion were to pass, where would that put us in terms of getting the
resolutions in time to the voters?
Mr. Jorge Fernandez: The same procedure would take place. I would take that
motion to be my first instructing resolution and then within a few minutes,
I'll come back to you with a work product that would...
Mayor Suarez: Get back to your computer and get it.
Mr. Fernandez: Exact. We are geared to do that this morning.
Mr. Plummer: Are you saying to put that on as a separate ballot question?
Mr. Fernandez: No.
Mr. Dawkins: In '81 - in '91, when I have to... when all of us have to
run....
Mr. Fernandez: In other words...
Mr. Plummer: Whoa, whoa, whoa, whoa, excuse me. Why would you do it in 191
and not now as a separate question?
Mr. Dawkins, Because I think if we do it as - and I'll have to ask the City
Attorney - if you do it as a separate item, that's a major change adding it to
another section to the agenda and you haven't advertised. I don't know.
34
July 27,
1989
Mr. Fernandez: Well, no, no, it can be done by the same procedure that we're
adopting now. If you want the salary to be a separate ballot question, then
you will instruct me right now to prepare a separate ballot question and the
resolution stating that and I will come back to you with that, with two ballot
questions instead of one. One ballot question for the districts, and all that
that entails, and the other one just for salaries. But I understand your
motion to be that you do not want salaries at all to be considered in the 1989
referendum.
Mr. Dawkins% But I didn't get a second so we got to wait and see.
Ms. Range: Mr. Mayor...
Mayor Suarez: Madam Commissioner.
Ms. Range: ...you have it - may I second it for the sake of discussion.
Mayor Suarez: Yes, seconded for discussion, Mrs. Range.
Mr. De Yurre: OK....
Ms. Range: All right. Mr. Mayor, I am of the opinion, and I've talked to
many constituents, who would simply not consider a salary increase at this
time. I think this item is important enough to try to get it accomplished if
we have to do it in factions, and let's do it that way. I think it is most
important to get the districting on the ballot and if it goes without the
salary, certainly we can come back with the salary increase at the next
election, I would agree to that. I don't think we should go with the total
picture now, even putting it on as a separate item.
Mr. De Yurre: Let me mention...
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: Yes. I think that we have to understand also the realities of
the situation. If we're talking about districting and if we're talking about
a situation wherein we're going to have individuals from particular
neighborhoods or areas representing the City, I think the whole concept that
we're trying to accomplish here is bringing government closer to the people
and making it more accessible for people to run for office. Because we're
going to have nine people here, supposedly, and if you have five districts,
you're going to have to afford the opportunity for people, maybe, to afford to
be able to sit up here. A lot of people out there would not be able and we're
talking about nine members and we're talking about having subcommittees like
they do at the county. That takes up time. It takes up spending - it's more
like a full time job to be doing City Commission work. And I don't think that
realistically, you're going to be able to find people out there that can
afford to spend 40 hours a week doing City work and really do the job that the
people would want if they voted for districts, if they can't get paid for it.
Something that they can - you know, so they can live, and that's a $37,000
figure. It's something that people can live with. You can live on a salary
of $37,000. You can represent the City and you can almost dedicate yourself
full time to it without having another job. But if we don't look at that
aspect of it, then I think what we're doing is, we're opening it up again for
people that can afford to sit up here and I think it locks out a lot of people
that may be sitting, here right now that cannot afford to run even though they
have the desire to serve the City in a district and, you know, I'll go along
with the majority, but my feeling is that we're locking out a great number of
people from getting involved in this process and the bottom line is opening it
up to everyone. That's just my point.
Ms. Range: Then, Mr. Mayor, if what Commissioner De Yurre says is to carry,
then I think before it is put on the ballot at all, that there should be
specifications as to what is expected if we're going to have a full time day,
if we're expected to work from nine to five and overtime and everything else,
I think that has to be spelled out. We can't just raise the salaries without
knowing whether a Commissioner is going to be in his office one day a week,
two days a week or not at all some weeks.
Mayor Suarez: By the obligations - specifying more of the obligations of the
job?
35 July 27, 1909
Me. Range: Very definitely. I don't think we can afford to just go with
thirty-seven five without any specifications at all.
Mayor Suarez: I guess there's an idea out there that the obligations already
specified in the charter would call for some substantial compensation because
we do spend an incredible number of hours, I guess. But i understand what
you're saying too, that if we were to be conceiving of a different system,
with different obligations for Commissioners, that perhaps we ought to specify
that. I'd hate to get into a situation with overtime pay or anything like
that, but...
Ms. Range: Well, no, no, not overtime pay but I do think we need to specify
it because many of our constituents do not realize the time which is actually
spent and if they call the office twice and can't get you, then they feel that
you're never in the office.
Mayor Suarez: Let me, if I may, J.L., I know you... Commissioner, you have
sat here - how many years ago was it?
Mr. Plummer: Nineteen.
Mayor Suarez: No, I meant Commissioner Range had sat here before. You could
make the comparison too, for that matter, but she could make it, perhaps,
better than anybody else. You sat here, what? -14 years ago?
Ms. Range: Twenty-five years ago.
Mayor Suarez: Twenty-five years ago?
Ms. Range: Twenty-five. Yes.
Mayor Suarez: What would you say is the change in the amount of time required
to carry out your duties - of course, it's an unfair question because you've
had a lot of things thrust at you, but is there a substantial increase in the
duties of a Commissioner from what you perceived the last time you were here?
Ms. Range: Well, I tell you, when I came to the Commission on the first
occasion, I was told by those who touted me to run for the office that being a
City Commissioner was merely signing some documents and coming to meeting. I
think we were having meetings probably once a month at that time, but I found
out that it was very, very different then. It was very demanding, and now, by
comparison, it is even far more demanding. I would not for a moment say that
it isn't important that we have the proper compensation, I'm not saying that
at all. The only thing I'm saying is that it should be spelled out because
the popular concept among the constituency is that you come into your office,
you have a few meetings, you see a few people and then you get lost. People
become very, very upset when they call you once or twice and can't find you.
So I feel that there should be spelled out a certain criteria by which the
Commissioners work and be paid. I think it's only fair to the constituency.
Mr. Plummer: Let me ar...
Mr. Dawkins: Mr. Mayor, on the argument, J.L., I'd like to say that, as I
said, I've been here, salary raises for Commissioners was put before the
citizenry three times and three times it was voted down. In my opinion, to
attach salaries to this districting which we promised the voters we would put
on the ballot, leads to defeat. That's just my personal opinion...
Mr. Plummer: Then what...
Mr. Dawkins: Now, it may just as well get defeated without it,
feel better if it was defeated without it than having people
attached the salary issue to the districting issue in order to
Now, that's just my personal...
Mayor Suarez: Commissioner Plummer.
but I would
say that I
defeat it.
Mr. Plummer: Then I have no problem of deleting it from the basic one
amendment and making it a second. Let me just argue the other side of the
coin. If we went to the charter of what is the responsibility of a City
Commissioner as elected, we sit only twice a month, period, Amen. That's iti
36 July 27, L989
May father used to say to me, God rest his soul, why do I spend 95 percent of
my time where I get f ive percent of my income? God knows, when I went around
here 19 years ago, you all don't went to hear this - Ms. Range well knows -
there was one secretary for four Commissioners and I'm not going to argue
whether we got more accomplished at that time than we do today. But let me
tell you, in 40 years, there has not been an increase in this City
Commission's salary. I think that is crazy. There is not another City, to my
knowledge, in the State of Florida, that has not had some increase. Now, you
can argue to the amount. Forty years ago, I paid a nickel for the Miami
Herald and got a hell of a lot more for it than what I'm paying a quarter
today. Now, as far as I'm concerned, you want to put it as a separate issue
and I'm not stuck on thirty-seven thousand, as I said before; make it the cost
of living index, as a formula. That's fine. But, damnit, somewhere along the
line, I consider it an insult to say that $5,000 a year is a salary. It's a
partial reimbursement of expenses. It's ridiculous. I think that you are
going to encourage a man to be in a City Commission position...
Mayor Suarez: Or a woman.
Mr. Plummer: ... to put in damn near 40 hours a week and only compensate him
$5,000. It comes out, if you want to work it out, it comes out to less than
minimum wage! The amount of hours - I did a study last year in January...
Mayor Suarez: It's $2.40 an hour, assuming a 40 hour week, it's $2.40 an
hour. It's on the stub, it's on our stubs.
Mr. Plummer: Hey, no, no, no. More than 40 hours that we put in with all of
these things that we must attend...
Mayor Suarez: Sixty or seventy hours...
Mr. Plummer: ... and I came out with a figure that said that we get
compensated 64 cents an hour. Now, if you want to put it as a separate issue,
I think it's a separate issue for better government. I think you could have
better people that would run for the offices. All I'm saying is, I'm not
stuck on the number but I think that a formula needs to be applied through a
charter amendment that we don't set our salary - I thought it was extremely
crazy that was recommended by the committee that we write our own check. I
couldn't vote for that under any circumstances, if the City Commission set
their own salary. I think that's ludicrous. But I do feel that it is an
important issue as other issues are important. And as far as I'm concerned,
putting it on as a separate amendment, I will concur with that and as far as
I'm concerned, let's don't put a number to it, let's make it as a formula
based on the cost of living that every City employee around here gets, plus
cther things that we don't get, namely pension, and put it on the ballot. The
voters don't want it, they have the .right to speak.
Mr. Dawkins: Is that a substitute motion? Because we do have a valid motion
on the floor.
Mr. Plummer: Well, the motion, as I understand it, is to withdraw it from
this...
Mr. Dawkins: That's right, um hum.
Mr. Plummer: ... OK?
Mr. Dawkins: Um hum.
Mr. Plummer: If you're saying to me, Commissioner, that we are in concurrence
of putting it on as a separate issue, I will vote for the first motion. If
you're going to delete it completely, and not put it on till '91, then I have
to vote against the first amendment.
Mr. Dawkins: Well, I don't plan to change the motion, maybe Mrs. Range will
withdraw her...
Mr. Plummer: OK, then I understand, I respect your right.
Mayor Suarez: We have a motion and a second, any further discussion?
Me. Range: Yes, there is further discussion.
37 July 27, 1989
Mayor Suareat Commissioner.
Me. Range: Now, we have two views. Commissioner, as I understand it,
Commissioner Dawkins wants to take it off completely and go back in 191 with
Lt. Is that right, Commissioner Dawkins?
Mr. Dawkins: Yes, ma'am, Commissioner Range.
Ms. Range: And Commissioner Plummer wants to put it on as a separate...
Mr. Plummer: As a separate issue.
Me. Range: ...issue. -
Mr. Plummer: Excuse me, without a dollar figure.
Me. Range: Without a dollar figure.
Mr. Plummer: A formula.
Ms. Range: I seconded Commissioner Dawkins' motion...
Mr. Dawkins: Motion for discussion...
Ms. Range: ...for discussion. However, I am of the strong opinion that it
should be put on as a separate item without the dollar figure. I think that
is only fair that we do it that way. And I don't know whether, at this point,
I am in position to withdraw my second.
Mr. Dawkins: Yes.
Ms. Range: All right.
Mr. Plummer: Well, may I suggest that we vote on Commissioner Dawkins' motion
_ with your expression I have no doubts of what will happen with the second
motion which I'll be glad to offer.
Mayor Suarez: Yes, and...
Mr. Plummer: And then we'll just make it a separate motion.
Mr. Dawkins: OK, no problem.
Mayor Suarez: That's fine because if she withdrew it, I would second it just
to get a vote on it so we get to express our views and since I also favor
waiting till '91. We have a motion and a second understanding that
Commissioner Range, not to be devious, but has a preferred alternative motion
and may very well vote against the motion that she seconded.
Mr. Dawkins: You know what we're doing?
Mayor Suarez: Call the roll on the motion as so framed.
The following motion was introduced by Commissioner Dawkins,
who moved
its adoption:
MOTION NO. 89-694
A MOTION DIRECTING THE CITY ATTORNEY TO ISOLATE FROM
THE TEXT OF PROPOSED CHARTER AMENDMENT NO. 2 THE
PORTION DEALING WITH THE PROPOSED INCREASE IN
COMPENSATION FOR MEMBERS OF THE CITY COMMISSION IN
ORDER THAT IT COULD BE SUBMITTED TO THE CITY OF MIAMI
VOTERS AT A FUTURE ELECTION, PROBABLY IN NOVEMBER OF
:.
1991.
(Note: This motion was immediately hereinafter
reconsidered by K 89-695.)
Upon being seconded by Commissioner Range, the motion was
passed ssiad =
110optedby, the following votes
;
.,:
38 July
270 1909
L. Plummer, Jr,
Commissioner M. Athalie Rat►ge
Commissioner Miller Dawkins
,..'
Mayor Xavier L. Suarez
�€
ibESt Vice Mayor Victor De Yurre
-,
ASSffRTt None.
COMMENTS MADE DURING ROLL CALL:
'
Ms. Hirai: Roll call, Mr. Dawkins?
Mr. Dawkinst What am I voting on?
z
No. Hirai: On your motion, sir. Your motion,.r
;
Mr. Plummer: Your motion.
.-
Mr. Dawkins: My motion. Yes, yes.
Ms. Hirai: Mr. De Yurre? ... he votes Yes, Mr. Plummer?
Mr. Plummer: Are you talking to Dusty?
-
(Laughter)
Ms. Hirai: Commissioner De Yurre votes no.
Mr. Plummer: Yes.
Ms. Hirai: Ms. Range? ...yes. Mayor Suarez?
Mayor Suarez: Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
-
Mr. Plummer: Mr. Mayor, I'll now offer a motion, then a second.
Mr. Fernandez: No, no, excuse me. Mr. Plummer voted yes on
that motion.
Mr. Plummer: Yes, I voted to take it out of this amendment.
Mr. Fernandez: That was not what you were voting on.
Me. Hirai: Oh, no, the motion...
Mr. Dawkins: No.
Mr. Odio: No, you just approved his:motion.
Mr. Dawkins: His motion to kill it altogether.
Mr. Fernandez: Yes.
Mr. Plummer: Oh, no, to kill it altogether?
Ms. Hirai: Yes.
Mr. Plummer: No, no, no, that was not your motion.
. Hirai: Yes, it was.
Ms.
Mr: Plummer: Your motion, you used...
-
Mr. Dawkins: Yes, it was.
M.Suarez: To`not have it on the ballot In 1989.
tuomet: Sxcuse 'r+w, excuse me; I know the $nglislt- lttnase. = Y at
a,,°
from: .thig amaadmentt lino 14,. J5 ,et►d lb, .
�p
X'rv'ii
p�ercRCk
'' $ �: +,"'kt "` yes t? k'1..•__
�-
Mr. Dawkins: That's right.
Mr. Plummer: That's your motion.
Mr. Dawkins: That's right.
Mayor Suarez: I'll entertain a motion to reconsider in case there's any
problems. I think that the intent of the motion was that it would not be on
the ballot at all this...
Mr. Plummer: No, no, no. The motion clearly stated...
Mr. Dawkins: Hold it, ask the Clerk. Hold it, now wait. Ask the Clerk, J.
L. Ask the Clerk what my motion is. Tell him what my motion is Madam Clark.
Mo. Hirai: Yes, it's to take it out altogether to a future City of Miami
election, possibly 191.
Mr. Plummer: Oh, then I'm sorry. Then, Mrs. Range, you're being hoodwinked
also.
Ms. Range: Yes, I....
Mr. Plummer: I have to vote no.
Mr. Dawkins: All right, well re...
Mayor Suarez: Move to reconsider.
Mr. Dawkins: I move to reconsider.
Ms. Range: All right.
Mayor Suarez: Second the motion to reconsider. Call the roll on the motion
to reconsider.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-695
A MOTION TO RECONSIDER MOTION 89-694 WHICH HAD
INSTRUCTED THE CITY ATTORNEY TO ISOLATE FROM THE TEXT
OF PROPOSED CHARTER AMENDMENT NO. 2 THE PORTION
DEALING WITH THE PROPOSED INCREASE IN COMPENSATION FOR
MEMBERS OF THE CITY COMMISSION IN ORDER THAT IT COULD
BE SUBMITTED TO THE CITY OF MIAMI VOTERS AT A FUTURE
ELECTION, PROBABLY IN NOVEMBER OF 1991.
Upon being seconded by Commissioner Range, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
m
Mayor Suarez: OK, we have a motion by Commissioner Dawkins that would take
out of the ballot in 1989 any consideration of salaries for Commiseioners.4;
That the motion?
�a
Mayor Suarez: And put it in 1991.
fir; ;
Mr. ,Plummer; All right, so that it's clear, please. What we're voting on now
Is to take it out of this amendment and put it on in 191.
�t1Tt4 k r
a 4p July a ?#
t
Mr, Uawkina: Ninety-one, yes.
Mr. Plummer: Then my vote has to be ''no".
` Mr; Dawkins s 0K, no problem. -
Mr. Plus>amers OK.
?` Mr. Dawkins: OK, call the roll. -
Me. Ranges Yes, I'll second that.
B
Mayor Suarez: OK, call the roll on that motion as stated.
B,
THEREUPON, ON MOTION DULY MADEBY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER RANGE, THE CITY COMMISSION TOOK A VOTE ON
TOTALLY SEPARATING FROM PROPOSED CHARTER AMENDMENT RESTRUCTURING
THE FORM OF GOVERNMENT, THE PORTION DEALING WITH CITY
COMMISSIONERS' COMPENSATION TO THEN PLACE AS A SEPARATE CHARTER
AMENDMENT QUESTION ON THE ELECTION BALLOT IN 1991. ON ROLL CALL,
THE HEREIN MOTION FAILED BY THE FOLLOWING VOTE.
AYRSs Commissioner Miller Dawkins
Mayor Xavier L. Suarez
i NOES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
ABSENT: None.
Mayor Suarez: OK, we have...
Mr. Dawkins: Motion defeated.
Mayor Suarez: ...we entertain a motion...
Mr. Plummer: All right, I'll make a substitute motion. That we delete from
this known as Charter amendment one - is that correct?
Mr. Fernandez: Charter amendment number one, correct.
Mr. Plummer: Delete from Charter amendment one the referral to salaries for
Commissioners in its entirety.
Mr'. Fernandez: Correction, Commissioner, I'm sorry. It's really charter
amendment number two because the...
Mr. Plummer: Charter amendment number two deleting from this amendment, the _
referral to Commissioners' salary and create amendment number three, with a
formula based on the cost of living increase.
Mayor Suarez: Which is the base year? -the first time that it was set in the
charter, is that the idea?
Mr. Plummer: That's, of course, correct, yes.
Mayor Suarez: So we calculate CPI going back to the year...
Y•,
Me' Plummer: Forty-nine.
Mayor Suarez; Would you want expressed on the ballot what that amounts to at:
�;.
this particular point?
Mr. Plummer: I have no idea. Whatever it is.
Fy Mayor Suarez: Well, would you want that expressed on the ballot what the.
amount is...?
t p _
Mr:' Plummers No, I...
•
L]
Mayor Suarez: Just leave it as an increase from the base year?
Mr. Plummer: No, Mr. Mayor... What I would like... here's what I'm trying to
accomplish, OK? Is I think it is only fair that what is the cost of living
should be automatic. We should not deviate from it. We should not increase
it, we should not decrease it.
Mayor Suarez: No, I understand that, but then you're to a base year and I was
just wondering if, in the calculation, we ...
Mr. Plummer: Since the last raise.
Mayor Suarez: But not specifying what the works out to be for the present.
Just simply going back and saying, whatever it is now and future years based
on the charter provision.
Mr. Plummer: And next year it would be increased based on the formula, not by
a decision of this Commission.
Mr. Fernandez: But I would recommend to this Commission that, as a matter of
legal consideration, the case law on this subject seems to indicate that the
most prudent course of action for you would be to give the voters the most
information that you can on the ballot question and so if the consumer price
index right now, over that $4,500, is ascertainable, that you give also that
information and then the formula to kick in every year thereafter
automatically.
Mr. Plummer: I don't have a crystal ball. I don't know what the cost of
iliving next year would be.
Mr. Fernandez: No, but as of this year you know, so you know what the figure
would be starting this year because that's an ascertainable amount subject to
a complex formula but we can do that and the question is, could the regular
citizen on the street, by reading the ballot question the way it will be
phrased without giving them specific information, would they have the
sophistication to calculate over the last 30 some years what the consumer
price index increase would be over that $4,500? And the answer to that would
be no.
Mr. Plummer: Over $5,000.
Mr. Fernandez: Over $5,000, I'm sorry, and the answer to that question in
case law that I have researched is that the citizenry may not have that degree
■ of sophistication to be able to compute consumer price index. And so, my
recommendation to you...
Mayor Suarez: Sure you don't want to do it with the State formula?
Mr. Plummer: What is the State formula?
Mayor Suarez: The State formula for salaries is based on population and I
don't know what it would work out to be, but it's a heck of a lot more than
what it is now.
Mr. Plummer: Mr. Mayor, you know, if I had the time to study it, I might say
yes, OK? But we don't have the time, we've got to make decisions today and I
just don't see why the Commissioners should be treated any different than the
City employees.
Mayor Suarez: I think we can legally, Mr. City Attorney, we can put on the
ballot that it would be an increase based on the cost of living as determined
by the usual indexes...
Mr. Plummer: Exactly.
Mayor Suarez: Going back to the Charter provision of nineteen -what was it?-
Mr. Plummer: Forty-nine.
Mayor Suarez: Forty-nine. And in the discussion, I am sure some people will
calculate it. In fact, we'll probably calculate it and the voters will know
42 July 27, 1989
0 #1
clearly what it works out to be right now. So I don't imagine anybody's going
to challenge that.
Mr. Plummer: I don't think so.
Ms. Ranges Mr. Mayor.
Mayor Suaraz: Yes, Commissioner.
Ms. Range: I think I enjoy, I might say, a position here today that none of
the other Commissioners enjoy, and that is, that I will very definitely not
benefit from a raise in salary simply because I am a caretaker Commissioner
and I will not be in this seat come November. However, I am an advocate of a
raise in the salaries of the Commissioners and feel that I would be doing an
injustice to sit here knowing the great responsibilities of the Commissioners,
to sit here and vote against an increase in salary for them. I wanted to make
that clear because there are many rumors that I intend to run for this office.
I very definitely say, here and now, that I do not plan, I have no plans, to
run for this office but I do support, I do support, those persons who sit here
day in and day out to manage the affairs of this City and do feel that you are
entitled to a livable wage. I recall having sat here the other night and
having it said by one of the persons who spoke on this issue that we all come
in and go out much richer. I resent that, I resent that because it really is
not the case. Nevertheless, I want to have it made very, very clear that I am
in favor of Commissioners receiving a reasonable wage and I think, I think if
we carry it to the community, to the electorate, in the proper manner that
they too will see the advisability of giving Commissioners a livable wage.
—� Mr. Plummer: Mrs. Range, nobody enjoyed your comments more than Miriam Alonso
who's standing in the back.
(Laughter!)
Ms. Range: Yes, I know quite well. I saw her and said some of the things I
said for her benefit.
Mayor Suarez: OK, Commissioners - Mr. Vice Mayor.
Mr. De Yurre: Yes, Mr. Mayor, I just - and as a form of example, I have to
apologize for this phone call that I received but it's an example of what
happens when you have two jobs and you have, you know, I just got a phone call
in the middle of a closing and I had to get some input with about three
different parties on the phone. If not, the deal was going to fall through.
But, again, that's an example of people out there that need to work. We all
need to work, we all need to earn a living and at the same time, there may be
those out there that have to produce, they have to be there making the money.
Not to be, for example, in a position that I'm in right now, that I can afford
to be here and with a phone call I can resolve a problem. So, again, that
goes to opening it up to more people to run for office and making government
accessible, not only as far as reaching Commissioners but being an elected
official.
Mayor Suarez: OK, do you want to state the motion, in terms then, of a CPI
increase going back to 149?
Mr. Plummer: That's fine.
Mayor Suarez: So moved. Do we have a second on that as a separate ballot
question.
Mr. Plummer: Yes.
Mr. De Yurre: Second.
Mayor Suarez: Seconded.
Mr. Fernandez: Mr. Mayor, point of order. This would be then your first
instructing resolution to me and within a few minutes I'll come back to you
with a second resolution.
Mayor Suarez:
on this.
Yes, give us the formal resolution later, please, so we can act
43 July 27, 1989
Mr. Fernandett Right.
Mr. Plummert That would be charter amendment three.
Mr. Fernandez: Correct.
Mayor Suarezt It works out to be number three. We had another one earlier in
the day that had nothing to do with the issue so... moved and seconded. Any
discussion? If not, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoptiont
RESOLUTION NO. 89-696
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT A
CITY CHARTER AMENDMENT TO BE KNOWN AS CHARTER
AMENDMENT NO. 3 FOR REFERENDUM ON NOVEMBER 7, 1989, IN
REGARD TO INCREASING THE SALARY PAID TO CITY
COMMISSIONERS, INCLUDING THE MAYOR, SAID AMENDMENT TO
APPEAR AS A SEPARATE BALLOT QUESTION AT SAID
REFERENDUM.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I'm going to give the - us, the voters, a chance to vote on this
because I... and let them make their wishes known, I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Plummer: Just for the record, Mr. Mayor, to my colleague, Commissioner
Dawkins, I've sat here for the three times that it was proffered to the voters
and they turned it down. I have to tell you, in my opinion, the reason they
turned it down, there was a set number that was unreasonable at the time. It
was not to establish a formula. I think there is a tremendous difference in
establishing a formula that's not going to allow the Commissioners to set
their own. But, in fact, it would be set by a fair and just way of a formula.
I think there is a major difference between the two.
Mayor Suarez: What you pointed out is a very important point. What you're
doing is, you're instructing - I know it's a little confusing to the voters
and, hopefully, won't be challenged - but you're instructing the voters as to _
the reason and basis for the increase and, in this case, it's cost of living
going back to 1949 and that's why it may pass in this instance. I still have
doubts, but... OK, Commissioners, I think that other than the principal
question that is before us other than what we've already discussed, is the
issue of what exact districts are we going to have? I see we have a lot of
people here, I presume from Allapattah because I see the ringleader, I mean,
community organizer, Mr. Urra...
(Applause)
Mayor Suarezt Please, please. He's not running for this district yet because
we haven't created the district, so and then we'll take Mr. Rolle.
44 .duly 27, l4�!�
1:3
0
Mr. Orlando Urra: My name is Orlando Urra. My address is 1819 N.W. 22nd
Place, in Miami. I just want to express very clear today. This is a question
I want to express in Spanish and Mrs. Salas Fermin traduce in English if you
permit.
Mr. Urra (assisted with translation by Ms. Fermin): Our community, the
Allapattah area, extends from 36th all the way to 7th Street and up to the
river and it's composed of 75 percent of Latins. We have, in our area, five
voting precincts. In these precincts, the majority are Latin voters.
Presently our community has been divided. They have placed one precinct in
the blue section and they left four districts in the pink district. We think
and we want to explain here, we want it clear that this is not an ethnic
Issue, we're not here against any ethnic group by itself. We're not against
any Jewish, any Blacks, any Haitians, Orientals. Ninety three years ago, this
City was founded and it was founded by many individuals from many different
places. They came, not walking through streets, but walking through serpents
and grass. This City was created to make justice for the people of the City
and that's what we're asking at this moment. We want justice to our
community. We have worked very hard in our community, we've made a commercial
area where there is hundreds and thousands of Latin commerce in there and we
want to go ahead and express also their feelings about it. Allapattah is the
second city after downtown Miami which provides income to the City of Miami.
Therefore, this is also an economic issue since we've worked for this area,
which is fostering right now, and we want to go ahead and continue fostering
that kind of business in the area. We want you to reconsider this issue of
distribution of the precincts in the districts. Thank you very much.
(Applause)
Mayor Suarez: OK. Thank you. Thank you. Please, please, please. Do you
have any proposed boundaries? Have you come up with any proposed boundaries?
Mr. Urra (translated by Ms. Fermin): What we want is unity for the community.
What we're requesting is that the four precincts that have been left out be
included with the blue district. We don't see the reason why this shouldn't
be done since there is 26,831 votes in the pink district and in the blue
district there is 21,991.
(Applause)
Mayor Suarez: Thank you. Mr. Portuondo, I want to ask you, since you have
these figures in your mind, would that still maintain a reasonable population
distribution among the precincts if those - how many are there, four or five
precincts?
UNIDENTIFIED SPEAKER: Four.
Mr. Plummer: Well, what gives...
Joseph Portuondo, Esq.: I'm not sure what they're asking for, Mayor. On
that...
Mayor Suarez: To include the four predominantly Hispanic Allapattah districts
with the blue Flagami, what we might call Flagami district.
Mr. Plummer: But then, how do you increase the pink? It's got to be an
offsetting factor.
Mayor Suarez: Well, they're saying that there's a lot more registered voters.
I don't know, the population reflects that too.
Mr. Portuondo: No, right now, as drawn, the populations are equal. Some
consideration was given to including, when the lines were being drawn...
Hello? Some consideration was given to including the two westernmost
precincts there which look like the Santa Clara area to the Flagami area but
the numbers didn't work out at the time. If these people had come to me maybe
an hour ago, I could have worked out and see how the numbers would have
crunched out but just standing here, I can't do it. I know that if you take
away from the pink and give to the blue, you've got to realign all the lines
again. I mean, I just...
45 July 27, 1909
Mayor Suarste OR, how evens, Mr. City Attorney, how even do the districts have
to be population? How touch deviation is permitted?
Mr. Fernanders There is cage law that has approved the deviation of up to lb
percent. However, that is not advisable. Really, to be able to really defend
comfortably, any challenge, a deviation of two, three, four percent maximum.
Mr. Plummer: Yes, but also remember, there's one other criteria. Mr. City
Attorney.
Mr. Fernandez: Yes.
Mr. Plummer: You spoke to one of the four criteria.
Mr. Fernandez: Which is?
Mr. Plummer: Another criteria that has to be met is the actual turnout of the
voters in those districts.
Mr. Fernandez: That is the very, very last criteria that's considered when
and if challenged.
Mr. Plummer: But it still has to be considered.
Mr. Fernandez: Correct. Is the number of voting voters.
Mr. Plummer: That's right.
Mr. Fernandez: But then again, the primary consideration...
Mr. Plummer: It's one man, one vote.
Mr. Fernandez: ...must be given to population.
Ms. Range: Mr. City Attorney.
Mr. Fernandez: Yes, ma'am. _
Ms. Range: Regarding the population. Is it not possible to not set the lines
=
until such time as 1990 census is taken?
Mr. Fernandez: Correct, ma'am.
Ms. Range: We know that we want five districts, but certainly the census is
going to change the population and the districts are counted by population,
not where there is necessarily a congregation of voters.
Mr. Fernandez: Correct, ma'am. =
Ms. Range: And so I see no reason for any fear at this particular time as to
what is going to be included. I think we really need to wait for the census
count before we begin drawing the actual lines.
Mr. Fernandez: So your question...
Mr. De Yurre: Let me understand you, are you saying to put on the ballot
approving five districts and then the configuration of the districts to be
decided after the 190 census? _
'.
Ms. Range: After the 1990 census. _
-
Mr. De Yurre: Is that in the form of a motion? Is that your motion? -
r>,
Me. Range: I would offer it in the form of a motion.
.A°
Mr. De Yurre: I'll second that right now. —
Mayor Suarez: Let me say one thing in regards to that - moved and seconded,
q'
and I'm sure we're going to hear from people, I think you want to address that
particular issue. I do want to say that the County charter review committee
has indicated, at least the chairman has indicated to me, that's the direction
they plan to take. The last time we were discussing it, I think Commissioner
fir,°:
46 July 27, 1909 -
r ;
Range was the only one that felt that this was an indicated may, to proceed.
In view of the lateness of the hour, Mr. Vice Mayor, in view of the lateness
of the hour, I have a feeling that if we're going to get something on the
ballot, we may end up having to go this way too if it's perfectly legal to do
so.
Mr. Fernandezt It is.
Mayor Suarez: Now, I know, Commissioner Plummer, last time, had strong
objections to that concept, maybe again because of the same reason that we're
so close to the deadline here that might end up being the only way to proceed
and then have extensive discussions of what the districts should look like.
Mr. De Yurret Pretty much like what they do in... at the legislature.
Mr. Plummer: Yeah.
Mayor Suarez: Sure.
Mr. De Yurre: ...and, Miss Range, would your motion include that every ten
years when the census comes out, that a review of the districts or any
possible reshaping take place.
Ms. Range: I have no problem with that at all.
Mr. De Yurre: OK.
Ms. Range: Yes, I will include that in the motion.
Mayor Suarez: Yes, I think last time even we all assumed that that would be
the case and built it into a motion, I think.
Mr. Fernandez: Yes, that is already built in the amendment that's in front of
you. However, what's not built into the amendment is the concept of just
bringing the concept of district.
Mayor Suarez: Without specifying the actual boundaries.
Mr. Fernandez: Right. Exactly. But that can be done, no problem, as part of
this amendment.
Mayor Suarez: I'm sure we're going to hear on this issue. Go ahead, Mr.
Rolle.
Mr. Roland Rolle: Thank you, Mr. Mayor. Commissioners, my name is Roland
Rolle. I'm requesting to speak to you this morning on behalf of the Miami
Dade A. Phillip Randall Institute. As I listen to all the discussion, things
do seem to -! on a pretty fast track and I would, however, still like to ask
you to consider an alternate view on the question of single member districts.
Number one, in terms of opposition, we make a distinction between single
member districts, increased representation and the question of district
voting. On the issue of increasing the number of seats, we feel the more, the
merrier. I think you're recommending nine at the moment. In our view, what
would be ideal, would be thirteen. I£ the citizens of this community are
concerned about representation on this Commission and having a diversity of
views expressed and considered, from that standpoint of representation, it
seems to me that 13 would be a manageable number to accomplish that purpose.
On the issue of district voting, I, unfortunately, have not heard enough, in
my view, from the advocates of good government; fair government, sensitive
government, government that considers all of the people and government that
will allow all of the people to have an equal vote when there are issues to be
voted upon. This is a City... and I think we ought to look at it in terms of
trying to make this City a world class City to the extent that we can. It is
my fear, and I'm going to be very direct and honest about it, that under a
system of district voting, the people who are already most ignored, who are
most in need, will be further damaged because of the very nature of the
process. A person who only has to consider, an elected official, who only has
to consider re-election from a specific area, is going to be concerned about
those constituents primarily, first of all, in order to assure re-election and
not necessarily be concerned about other areas of the community. And I'd like
for you to please accept from me that I am not only speaking in terms of the
Mack community, but any community where there is a concern of an issue that
47 ,July 27, 1989
needs to be addressed. You know, from ninth grade in civics and everything
—' else, we were taught that your vote is what counts. If you don't like what
— government is doing, you get out and vote. The Commission is not made up of
separate fiefdoms where one person can declare what happens in the City of
l Miami. It always takes a majority vote to determine what the policies will be
and once the majority vote is taken, no matter where you live - if you live in
the City of Miami - you must live under that majority vote. So, my question
is, isn't it really taking away the power of the people to determine really
what happens to them? It is our position that the City Commission should be
held accountable as the City Commission and that each Commissioner should be
accountable to all the voters in the City...
Mayor Suarez: Are you saying that you favor only an increase in the
Commission and not single member districts?
Mr. Rolle: I favor people having to run from a district. What I don't favor
is district voting. As I understand district voting is...
Mayor Suarez: Oh, you favor what the County now has.
Mr. Plummer: Yes, that's what he's saying.
Mayor Suarez% The world's worst system of government where people think that
they're electing you from a district but you only have to live there, they
don't actually vote for you. I'm just saying that because I disagree with
you, Roland, I'm sorry.
Mr. Rolle: I don't want to debate, you know, any individual Commissioner on
this. I am putting out...
Mayor Suarez: No, I was just trying to understand. So, you think the ideal
is to have an expanded Commission with everybody running at large, but having
to come - a certain number having to come from specific areas of the City.
Mr. Rolle: Right, and that that be enforced very stringently. Let me just
say this to you.
Mayor Suarez: Oh, you had a little chat with Miriam Alonso about that too
because that was one of the things she was battling when she ran for the
s County Commission. You know, having to run from a particular district even
_ though that district doesn't elect you.
Mr. Rolle: You know, I sympathize and I empathize with the people who have
said to me, it's very costly to run across the board. But I think the higher
priority has to be results on behalf of the people and the right of the people
to make a change, to make a change in order to ensure that their interests are
met. Because one person from one district only has one vote and in the terms
of practical politics for those who are concerned with that, if you cannot
vote for somebody who's going to represent your interests, who is sensitive to
your interests, whether he lives in another district or not or if you cannot
vote against somebody who is consistently voting against your best interest in
order to change that person, I think you have given up your most precious
right, the full right of a vote. And I ask that that be considered. If I
might just add one or two more things. Obviously, I can't recommend, I would
not recommend not to put the issue on the ballot because you've talked to
people but let's put it on the ballot to give people a clear choice. Let's
not only separate the salary issue, let's separate... let's give the people
options in terms of how many districts there should be; whether it's the nine
or the eleven or the thirteen, or whatever. Also, let's...
Mayor Suarez: We've thought of doing that at one point, I guess we thought it
was too confusing.
Mr. Rolle: OK, let's separate the issue of whether people want at -large as I
favor and whether they want a district. And those of us who feel like
government should be accountable and who feel that the best way to have fair,
evenhanded government is to have all of the people available of the
opportunity to vote on everybody and let's separate the questions. If we
lose, we lose. That' the essence of democracy. But we ought to have the
opportunity to put these concerns out there in this alternate view, as I'm
going to call it, before the public. And I thank you very much for allowing
me the opportunity to express these concerns.
48 July 27, 1909
Mayor Suarez: Very good. Let me, if I may for a second, explain to those of
you who are not fluent in English what is before us now; particularly the
} group from Allapattah that you are representing. And I don't know if you
{ ought to transcribe and put in the record, my comments so that we know that -
r so everybody knows what I'm saying. Mr. City Attorney, perhaps you could
3 translate. I'm just going to make a statement to them as to what's before us.
MAYOR SUAREZ ADDRESSES THE ALLAPATTAH GROUP AMONG THE PUBLIC, IN SPANISH.
Mr. Fernandez: For the record, the Mayor has accurately translated what the
pending motion is.
Mr. Plummer: I waive consecutive translation.
Mr. Fernandez: Thank you.
Mr. Muniz: My name is Antonio Muniz and I live at 1820 Chucunantah Road in
Miami. I would like to say I will have to disagree with the decision that
you're seem to be about to make because I believe that the voters should have
the right to know when they go to an election, what the district lines are
going to be. I don't think it's fair, I don't think it's right for people to
go and vote on five districts without knowing exactly what those five
districts are going to be like. We may have, in 1990, once the districts have
been approved, we may have that same problem again. And then, it's going to
be too late. That's one thing. The other thing is, the Hispanic population
in the City of Miami, is 60 percent of the population. We're going to base
these districts on a population basis and if we're going to decide that there
should be five districts, I believe three of the districts should have a
majority Hispanic voters in those districts. If you decide to change the way
the makeup of the districts at this point, I would suggest that in order to be
fair to the people of Allapattah, that districts, the four or five precincts
from Allapattah, be include in the blue district. Some precincts from the
blue district should be included in the yellow district and some districts
from the yellow districts should be included in the green district. And I say
this - yes, I'm going to make myself clear, Mr. Plummer, on this.
Mr. Plummer: I think that's called a rainbow.
Mr. Muniz: Right. The reason I say this is because if we're going to have
three districts that are of a majority, Hispanic majority, the green district
I only see the yellow and the blue districts as being majority Hispanic. The
green district has only a 41 percent vote of Hispanics. Therefore, we would
only... the way the lines have been drawn, we would only have two of the five
districts. Therefore, I see that some of the precincts in the yellow district
should be integrated into the green district so...
Mayor Suarez: Tony, according to your calculations, if I'm just to complete
the picture on the green district you said 41 percent are Hispanic. What are
the other two ethnic groups' percentages?
Mr. Muniz: Non -Latin white, 47 percent; Black, 12 percent.
Fir. Plummer: You know, I got to speak up. I admire you for your position and
I respect your right to your position. But I'll tell you what you do for me.
You identify the gringo district, the Anglo district. OK? Tell me, on that
map, where is an Anglo district.
UNIDENTIFIED SPEAKER: Right.
Mr. Plummer: And I'm not for that. I feel truthfully that a person should
run Citywide and be accountable to the voters. I don't like the idea of the
potential in this community of Chicago ward politics.
Mr. Muniz: That's correct.
Mr. Plummer: But I want somebody, somebody to show me on that map where in
the Anglo district? There is none! And you tell me that's right? No, I
can't agree with that. Somewhere along the line...
(Applause)
49 July 27, 1989
Mr. Plummer: ... somewhere along the line, I don't say that we should be
cutting districts around doors, that's gerrymandering. OK? But when I sit
here and I listen that we, you know, people are saying this is not for ethnic
groups. Well, I don't know how else it is, but, yet, the people that I
represent, the entire City, what's wrong with that? What's wrong with that?
That everybody has the right to speak to every issue and they have that right
every two years if I don't do what they think is right. Now, thank God, in
five elections, I've never had a runoff. I've never had a problem. In the
last election without a runoff, I got 67 percent of the vote. But when you
start saying that you got to have Cuban districts, you got to have Black
districts, you got to have Hispanic district or Haitian districts. How do you
do it and completely cut out of the picture a so-called Anglo district? I
can't...
Mr. Dawkins: Not only that, Commissioner Plummer, you can't be hypocritical
about it either.
Mr. Plummer: That's right.
Mr. Dawkins: You can't stand up down here and preach that you're for one
thing and then when you get on the Latin radio, you whip up emotions and say
you're for something else. You know, you can't have your cake and eat it too.
So now, somewhere along the line, you have to take a stand and stick with it.
Mr. Muniz: Are you referring to me, Mr. Commissioner?
Mr. Dawkins: I refer to any... if the shoe fits you, wear it.
Mr. Muniz: Well, that may be your opinion, sir.
Mr. Dawkins: Or, if the rock hits you, yell.
Mr. Muniz: That may be your opinion, Commissioner.
Mr. Dawkins: No, no, what did I say, sir? I said, if the shoe fits you and
if you think that appeals to you, answer it. If it doesn't, don't bother with
it.
Mr. Muniz: Well, when I first appeared before the boundaries committee, I
distinctly... and I have it here with me that I can show to you... I
distinctly said that there should be a Black district in the City of Miami and
that there should be an Anglo district in the City of Miami. I'm the first
one that will say so and will defend it. In Latin radio, in any radio, in
here also. Or what I'm against is that... because I didn't draw the lines on
those districts, somebody else did. And there is a coalition of homeowners
associations from neighborhoods along northeast and Coconut Grove that drawed
those lines because they were approved by the City Charter and it's right
here. So it was not me. I'm not being divisive, I'm just defending what I
think is right.
Mayor Suarez: Well, you know the... does that complete your presentation,
Tony?
Mr. Muniz: Basically, and I just wanted to add, Mr. Plummer, I would suggest,
I do agree that Commissioners should be paid more. I do agree with that. But
I do think that if you are going to put it on the ballot, I think that it has
to be clear as to what that salary is going to be. I don't think that the
way...
Mr. Plummer: Well, the only reason...
Mr. Muniz: I know your intention is good, but I just don't see how you're
going to be able to convince the people of what the salary - there are going
to be so many different opinions about what the salary is going to be like.
Mr. Plummer: Tony, the only thing I was trying to accomplish was that it
didn't have to go back every year or every two years. That there would be a
formula tied to it, there would be no more or no less; that formula would set
it, it would not be set by us and that's all I was trying to accomplish.
Mayor Suarez: There's a way to do it both which is to use the formula and
say, and that happens at this particular time in 1989 or 1990 to be the
equivalent of whatever amount it is. There's a way of doing it.
50 July 27, 1989
V 01
Mr. Plutmner: I have no problem with that.
Mayor Suarez: Anyone else on this issue? Remember Commissioners, that we
have a fundamental decision to make. We have a motion now that would change
what we did the last time around and would leave undetermined the boundaries
of the five districts. I guess we're not going back on the idea of five
districts Commissioners and four at -large. And that's what we really have
before us, otherwise we're never going to complete this. Annette, do you have
anything to say on that?
Ms. Annette Eisenberg: Just one thing. Annette Eisenberg, 1180 N.E. 86th
Street. If the census is good enough for the federal government and it
allocates the funding, it allocates everything, why isn't that good enough for
the City of Miami? Why can we not wait for 1990 census to know where we're
going?
Mayor Suarez: I'll tell you why, I'll tell you why.
Ms. Eisenberg: OK.
Mayor Suarez: It isn't good enough under the federal scheme. You know why?
Because under the federal scheme, the states are separated by boundaries pre
agreed upon...
Ms. Eisenberg: Um hum.
Mayor Suarez: And the Senate has representation in accordance with those
states that are in the Union. So at least half of the entire federal
legislature, people know in advance, you know, what they're going to be
representing. The other half of the legislature, the House of
Representatives, you're elected from those districts but by population and the
census changes that so don't try to make it a unicameral legislature in the
federal government. They do have two chambers and one of them is done by
districts specified in advance and everybody has equal representation there.
Mr. Plummer: Well, the other problem existing and that is also it's a 1990
census but you'll not the results until 192.
Ms. Eisenberg: Can't have it for a couple of years. You're right.
Mayor Suarez: Yes, that was the other...
Ms. Eisenberg: I need to go on record. As one of the remaining few in the
City of Miami, for God's sakes people, if you're going to tear us apart, we're
going to have nothing. If you want to work together, we'll have something.
I'm so sick and tired of hearing, White, Blacks, Spanish, Asian - my God, we
are a City and I am so ashamed sometimes to say that I live in the City of
Miami, only because of what this man just got up and saidt And I know there
are a lot of Latins sitting here that don't agree with him. And if we don't
do something fast, we are a disgrace to the nation. Let's not be a disgrace
from within.
Mayor Suarez: Go ahead and let her translate.
Mr. Urra (Translated by Ms. Salas Fermin): I just want to go ahead and point
out that I don't think it will be fair to the community to go to an election
and not know for what we're voting.
(Applause and shouting)
Mr. Urra (Translated by Ms. Salas Fermin): He stated, only an individual who
is crazy will go ahead and vote for something that he doesn't know what he's
voting for. In no way will he go ahead and if they don't define the lines,
the boundaries right now, he will do everything possible so that the division
of the districts won't go through.
Mayor Suarez: Please, please. Please, please, please, please, por favor. We
have to translate it so everybody knows what he said.
Mayor Suarez: Anyone....
51 July 27., 1909
yr
f P.
Mr. Plummer: Well, excuse me. Just to countermand my good friend Orlando
Urra, the boundaries are set and they know what they're voting on. He
disagree& with them but they are set. OK?
Mayor Suarez: Oh, no, I'm sorry, the motion would leave them totally
undeterminated.
Mr. Plummer: The motion has not passed.
Mayor Suarez: I know, but I mean, the present motion and that's what he was
arguing to.
Mr. Plummer: Oh, OK, I understand. OK.
Mayor Suarez: But the Commissioner is right that what we have before us does
have specific boundaries. You just don't like the boundaries and that's...
Mr. Plummer: Disagree.
Mr. Dawkins: All Orlando said is that he could vote against those boundaries.
That's all he said.
Mayor Suarez: Right.
Mr. Fernandez: Mr. Mayor, a point of order.
Mayor Suarez: Yes.
_{
Mr. Fernandez: You actually, at the instructing resolution, you did not
instruct me to include the ad hoc committee's map that...
Mayor Suarez: I see, OK.
Mr. Fernandez: ... this point is still open.
—
Mayor Suarez: That was just sort of on the table for discussion but it was
never approved even as a first motion, you're right.
Mr. Fernandez: Exactly.
Mayor Suarez: OK, Commissioners, unless there's anyone from the general
public that wishes to be heard, I think we're ready to act and it's a tough
decision. I do want to say, answering Tony's argument, it's interesting.
Population is one of the principal criteria. In fact, it is the principal
criteria that you try to satisfy when you divide the City into districts, but
you also take into account the voting power or the past historical voting
record of a particular ethnic group when you try to keep a certain amount of
ethnic proportion in the districts and if you did that, I have a feeling,
Tony, if you analyze that in terms of voters' turnout that the district that
you... or the distribution would turn out to be a higher chance of being
Hispanic than what you proposed. In fact, it's interesting, in the City of
Miami, we have about 58-59 percent or 60 percent Hispanic residents and in
elections, even though the actual voter registration figures are less than 50 _
for Hispanic, in elections it usually mirrors the population because the
turnout is higher. And apparently, according to the federal criteria, we're
allowed to take that into consideration as a fourth element anyhow.
Mr. Fernandez: Yes.
Mayor Suarez: Whatever that's worth. I also understand what the Allapattah
people are saying that you have to respect, and that's also one of the federal
criteria in the law, historical neighborhood boundaries and is kind of a shame
to split up Allapattah. I don't know what else we can do at this late stage.
Mr. Portuondo, did you want to make the last statement as chairman of the
Review Committee?
Mr. Portuondo: My last statement, out of fairness to these people, when the
lines were being drawn, these people never came to any public hearings and
never advised me on. But, actually, when the lines were being drawn, what
they are proposing was actually considered and it could be done.
Mayor Suarez: It could be done?
52 auXy7, 1$9
tw
777777777
_ Mr. Portuondo: It almost done. I mean, they get like 80 percent of what they
want. What you basically - would you hold the map up for a second, if you'll
hold it up for a second - if you just make the Flagami district lose a little
bit on the south side of Little Havana and then north of the river, give them
east of 17th Avenue, it pretty much does it. Then you would have to do a
clockwise rotation of the precincts whereby Wynwood is given to the pink
district and then the northeast takes over Brickell Avenue and just sort of
rotates that way, you're going to up...
Mayor Suarez: And they still end up with similar populations?
Mr. Portuondo: Yes, close enough.
Mayor Suarez: Close enough to satisfy your standards?
Mr. Plummer: That would put Wynwood in the pink?
Mr. Portuondo: Well, it's not going to be as is - it's not going to be as
correct as what we have now but it would be OK.
Mayor Suarez: But you said some Wynwood precincts would go to the pink.
Mr. Portuondo: No, if you look at Wynwood, that's...
Mayor Suarez: Some of them are already in the pink.
Mr. Portuondo: Well, when I say Wynwood, I say let's define the City
neighborhood map as Wynwood and that is what's described on this map as 537.
Mr. Dawkins: Who's got a computer, Mr. Manager?
Mr. Portuondo: Yes, let me... I hate to complicate things but out of fairness
to these people, what they are talking about was actually considered very
seriously. It just...
Mayor Suarez: But you don't have a map that shows it, do you?
Mr. Portuondo: I could draw one on the thing if you really wanted me to. I
don't know what the Commission's pleasure is but I just felt that out of
fairness to these people, it was considered.
Mayor Suarez: That's too bad... that's too bad that we didn't have all of the
alternatives, we may...
Mr. Portuondo: I can do it on a transparency very easily. I don't know if
you want me to do all that trouble, but...
Mayor Suarez: Well, just show...
Mr. Portuondo: ... I just feel that these people came down here...
Mr. Plummer: Well, why did you feel it was so important that you had to go by
voting precincts rather than by numbers of peoples in neighborhood? Why did
you choose that method rather than the other?
Mr. Portuondo: I didn't go by voting numbers, I went by population.
Mr. Plummer: But still, the colors, Tony, are all encompassing of each
precinct.
Mr. Portuondo: Yes, if you were to - I superimposed, I have it right here, a
precinct map, this map, over...
Mayor Suarez: Well, you didn't separate any precincts is what he's asking.
Mr. Plummer: Well, no, what I'm saying is, why did you have to use precincts
as a criteria rather than a given number of people?
Mr. Portuondo: I didn't do it that way, Commissioner.
Mr, Plummer; I say, why didn't you?
53
V 0i
Mr. Portuondos How can I...
Mayor Suarez: Well, you try to keep precincts intact so it doesn't gat too
confusing.
Mr. Portuondos Well, the reason why I didn't have to do that or want to do
that is because the precincts follow the census tracks anyway and the census
tracks follow the major natural boundaries and they follow the neighborhood
lines anyway. If you were to superimpose all the maps together, you have
symmetrical lines.
Mayor Suarez: But you were prepared to split a precinct if you had to to
achieve some sort of uniformity in this? You're allowed to?
Mr. Portuondos The main consideration was not to break a natural boundary.
Mayor Suarez: Right.
Mr. Portuondo: OK, which is the Miami River, I-95, V.S. 1, you know, Coral
Way, you know, the major... the second consideration was not to have split a
neighborhood. Of the 58 neighborhoods on the map of the City of Miami, only
two were cut. One of which is Auburndale and I don't think they really care
about being cut.
Mr. Dawkins: No, tell him to hold it over there. I'm going to ask him some
questions. Thank you.
Mr. Portuondo: The only other one was Wynwood and so really, the lines fall
into place and very serious consideration was given to what these people were
requesting. I just want to be fair to them because they all came down here.
Mayor Suarez: So it can be done. It would be a minor shift clockwise so a
couple of precincts, Wynwood going into the red district, and a couple of
precincts in Allapattah going into the blue district and a couple of precincts
in the blue district going into the yellow.
Mr. Portuondo: It would go like this. This line here, from here on over,
these two would be blue and half of this would remain blue. This part would
have to go pink. There's no doubt about that, I'm sorry.
UNIDENTIFIED SPEAKER: No, no, no, no....
Mr. Portuondo: I know, you want 530...
UNIDENTIFIED SPEAKER: ... blue, that's four precincts.
Mr. Portuondo: You can't get that though. I'm telling you, this is what was
considered. You can get this much into the Flagami. You push this north and
you push this south and you push this, this way. It can be done, I'm just
saying it wasn't done but I wouldn't recommend that it be done because,
obviously, it was rejected but in fairness to them, it was considered.
Mr. Dawkins: Mr. Manager..
Mr. Portuondo: By the way, this map is not accurate, this is all wrong down
here in the south.
Mr. Dawkins: Mr. Mayor, through you to the Manager. Mr. Manager...
Mr. Portuondo: OK, I've created enough confusion, I'll get out of here. I
just felt it was fair to them to say that it was considered.
Mayor Suarez: Please, please, Joe.
Mr. Dawkins: Mr. Manager...
t? Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Presently, as we have the five member Commission, the Blacks
have 20 percent of the voting power up here. The Whites have 20 percent of
`` the voting power up here and the Latins have 60 percent of the voting power.
k`
That's how it stands. Now, wait, wait...
54 July 27, 1909,
F n
Mr. Plummert Well, no, no, no, that's where the problem comes.
Mr. Dawkina: Mr. Manager and if anybody else have anything to add after I
finish, do that. OK, let me finish with the Manager, please, OK? Nov, that's
the way it is when we have three Latins, one White and one Black. Up here,
your vote counts - my vote counts for 20 percent of the hundred percent that
you vote on up here. OK? Now, divide... so if we get one at large Black, one
district Black, divide two into nine and tell me what percentage you got.
Mayor Suarez: Twenty-two.
Mr. Odio: Twenty-two percent.
Mr. Dawkina: OK, now, and you don't have a Black up here - I mean a White up
here. What percentage of the White would you have not having a district?
What percentage of that would be White?
Mr. Odio: You mean we get rid of Plummer? Zero, zero.
Mayor Suarez: He's saying, assuming you keep one at large with none from
district, 11 percent.
Mr. Odio: Assuming you keep one out of nine is eleven percent.
Mr. Plummer: Eleven.
Mr. Dawkins: Yes, uh huh. All right, so now but... so now, I can use that
either way. You get two Whites and one Black, OK? Then the Black got eleven
percent. Or you get two Blacks and one White, you got eleven percent.
Mr. Odio: Yes, al.r.
Mr. Dawkins: Now, presently, the Latins have 60 percent of the vote. Right?
Mr. Odio: Well, no...
Mr. Dawkins: So now you take eleven and twenty is 33 percent, right? So
they're going to end up with 66 percent of the vote which, as Tony said,
they're entitled to it because of the population.
Mr. Odio: Yes.
Mr. Dawkins: So now, you're going to... and I have to say this so the people
understand why I say I'm against it and I'm not going to vote for it and I'll
be working to defeat it. It does not make sense to increase numbers and
you're not doing anything to increase the voting power. All we're doing is
increasing numbers and expenses and that's it.
Mr. Plummer: No, let me tell you what's the other side of the coin.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: The people have looked the Black community in the potential of
having more representation, that additional 2 percent. There is a down side.
There is a down side. If you juggle those numbers like you're talking about
or what's being proposed to put Wynwood into the pink, there's a potential
that you'll have no Black representation.
Mr. Odio: Yes, I was going to say...
Mr. Plummer: That's the potential. That could happen.
Mr. Dawkins: OK, and I'm talking in terms of our regular Commission. I'm not
talking about us having a Black caretaker and make you think that you got two
Black up here, OK? I'm not talking about that, OK? I'm talking about the
is regular makeup of this Commission...
Mr. Plummer: Right.
Mr. Dawkins: ...and the power that it has bestowed upon it. And if Blacks
had 60 percent of the power and any of your out there think we're going to
55 Judy 27, 1989
6� .
give it up, you're out of your minds. And if anybody out there think those
Cubans are going to give up 60 percent of the power, you're out of your minds.
So, you know, I don't know how it's going to come out but these are the things
that everybody have to consider that it's not cut and dried the way it's
pictured to be.
Mr. De Yurre: You know...
Mayor Suarez: Vice Mayor De Yurre.
Mr. De Yurre: Yes. You know, I sit here and I feel like we're going through
an exercise in futility. I mean, like there's a lot of talk and I feel like
I'm in a "en una bodega..", you know. "No, let's do this, this way," "No,
let's do that..." These are significant changes. They're going to impact our
City for years to come and here we are, just on a whim changing this precinct
over here, changing that one over there. Oh, you want this, let's see if we
can do it. Let's see how we can accommodate that. You know, it doesn't, you
know, if we're supposed to be representing our community in an intelligent
fashion, I think we're doing a, you know, a piss poor job of it. I don't
believe that what we're going through right now is the process that this City
deserves. We're running through this in a rush just to get something on the
ballot because of a promise that was made and a promise that was made in
haste, needless to be said. I don't think that there's any way - Miller
opposes it, I oppose it, Plummer opposes it, I don't know what, Miss Range, I
think she favors it and the Mayor favors it. But I think that what we're
going to be putting out, there's going to be voted down by the people because
it's not being done in a timely, intelligent fashion and we're not going to be
gaining anything from it. You know, I think that you're not promising better
government, all you're promising is more expenses because that's what it's
going to cost and I don't think that we're doing the job we're supposed to be
doing and I, for one, also, and I'm on record already on the E1 Nuevo Herald
yesterday by saying that, you know, I oppose this, but, you know, I just can't
go on without speaking up on the procedure that we're going with because, you
know, it's just not right and I just got to say that.
Mr. Plummer: Well, I think the comparison that has to be drawn and if we made
a mistake, we did it in haste, that's the problem. Metropolitan Dade County
is going through this same process at which they've been at it for a year. We
went through the process in 33 days.
Mayor Suarez: Yes.
Mr. Plummer: And I think that, you know, it's unfortunate that more time has
not been devoted to more realization, more study, and to understand fully. I
don't think any one of us up here really understand by all of the questions
that have been asked this morning. When there's that many questions being
asked, we, the Commission, don't understand it that fully. And it, you know,
we made a commitment and we've got to live up to that commitment. And I guess
where we're at at this particular time is what's considered damage control,
what do we put on the ballot to live up to our commitment that does the least
amount of damage to our government without completely destroying it and
that's, you know - Tony...
Ms. Range: Mr. Mayor...
Mayor Suarez: Commissioner...
Mr. Plummer: ...excuse me, Tony, I don't want that to be any disgrace to you.
You did a hell of a job in 33 days, but I think if you'd have had more time,
and could have addressed it through more people, you probably could have come
up with some better recommendations.
Mr. Portuondo: I just want to say one thing...
Mayor Suarez: Yes, Joe, the fact that you've made coherent recommendations
does not detract from the argument made that you would have had more
opportunity... if you had more opportunity to look at different
configurations, that would have allowed us to have....
Mr. Portuondo: I just want to say one thing about this because I've invested
a great deal of my time on this and I don't want to see this thing defeated
unfairly. If it's going to be defeated, let it be defeated by the voters. We
56 July 27, 1989
can study this thing for ten more years every day. We have all the facts, we
have all the information. The only thing that's lacking is the hard decision
to make, OK? We considered all these guidelines, we considered everything.
You've got to vote on it. That's all there is to this because it's been
around since 1981 or 1982. And if you have trouble making a dec...
Mayor Suarez: It's a policy decision at this point, but it's a fair statement
to say that it was done fairly quickly and we have now, for example, today,
we're confronted with many people who are concerned about a particular
configuration.
Mr. Portuondo: My feelings about this thing, and I'm not the chairman
anymore, I'm speaking my feelings about this thing was, this Commission had an
obligation to do this itself. It didn't do it. It then created the committee
and we did it. And if you don't want to make the hard choice now, just accept
the committee's recommendations, as stated, without any change and give it to
the voters.
Mayor Suarez: OK, Commissioner Range.
Ms. Range: Mr. Mayor, I am still of the strong opinion that this should be
put on the ballot with five districts to be definitely decided at the 1990
census. Let me just say this. I realize that - you know, we all say that
we're all for one and one for all, but we don't always portray that in our
conversations or our feelings. In the totally Black community, we have been
almost disenfranchised over the years because when we were a solid Black
community, we could have accomplished many, many things. But I-95, urban
renewal all the way back in 1965, caused a Black exodus from the City of
Miami. We were not fortunate enough to be able to congregate in an area as
other ethnic groups have been able to do. Consequently, the City of Miami now
is more or less sparsely populated by Blacks because we're all over the place
in small patches and small numbers. I felt at one time, if we could have used
the boundaries of Model Cities, then we would have had a strong Black area.
Nevertheless, that is not true because a portion of the Model Cities is now in
Dade County and naturally we cannot use that for the City of Miami. However,
I feel that we must go with the boundaries we have at... I mean, we must go
with five districts, that's what I'm saying, go with five districts and when
the census count is taken, I contend that that is the time to make the
decisions on where these districts are filled.
Mayor Suarez: All right, Commissioners, we have a fundamental question to
decide and the City Attorney has been advising me that if we're going to get
anything on the ballot at all, we're going to have to take a few more votes on
other aspects of this plan. The motion before us is to - is what Commissioner
Range just enunciated to have no specification of boundaries but to specify...
but to, yes, to specify that there will be five districts drawn based on the
federal criteria and by a committee as previously established taking into
account the census figures and so on.
Mr. Plummer: Question.
Mayor Suarez: Yes, Commissioner Plummer.
Mr. Plummer: How does that relate to the implementation date of '91?
Mayor Suarez: Good question. Would that give us enough time if we were to
wait for the 1990 census figures?
Mr. Plummer: You couldn't implement it in 191 because you're not going to get
the results till 192.
Mayor Suarez: I don't think...
Mr. Fernandez: Our best information tells us that by April 1 of 1991, there
will be sufficient information. The tape information at that time must be
transmitted by law to the states, the federal government...
Mr. Plummer: Except as in the last time when the City of Miami filed a
lawsuit challenging that count, and we won!
Mr. Fernandez: Well, the challenge to the count and the results of the
census, you know, those are not predictable, but the fact is that our better
57 July 27, 1989
t
V-:-
_� areseateh shows that by April let of 1990, according to law, we should have
enafgh ..* data and information from the 1990 census to be able to call 6r
► impanel a committee into being so that by within 30 days of that, they could
be impaneled and Certainly you could have enough time before your deadline to
have the boundary lines.
Mayor Suarez: The alternative would be to I guess to implement districts in
the next general election of this City which would be...
Mr. Fernandez: 193.
Mayor Suarez: 193.
Mr. Fernandez: Correct.
Mayor Suarez: OK, Commissioners, what's your pleasure?
Mr. De Yurre: I think we have a motion and a second. I seconded Mrs. Range's
motion.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: What's the motion?
Mayor Suarez: The motion is to only specify on the ballot that the citizens
would be approving five districts with boundaries to be determined at a later
time, pursuant to the 1990 census. We don't know exactly when they would be
determined, but...
Mr. Dawkins: There are four at -large and five districts.
Mayor Suarez: Right.
Mr. Dawkins: Nine members.
Mayor Suarez: Right. -
Mr. Dawkins: Thank you.
Mayor Suarez: So...
Mr. Plummer: Well, wait a minute now.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Because you know, I voiced my opposition before to nine. I was
in favor of seven. If I vote negatively... that's all right, go ahead. I've
got to vote negatively, because I was opposed to the nine. I thought it was
too many.
Mr. De Yurre: Well, the motion that I seconded, is the fact that we are going
to with the five districts not being delineated at this point in time, OK?
Mr. Plummer: No, it doesn't speak to the at -large.
Mr. De Yurre: It doesn't speak to the whole concept of the nine. I am
talking whatever districts are to be presented that they be determined at a
future date.
Mr. Plummer: Well, Victor, that's almost automatic, because there are no
district boundaries for the at -large. City boundaries are the district
boundaries for that.
Mayor Suarez: Yes, but he means he wants to limit his motion to the,
philosophical issue of whatever districts are proposed, whatever number, that
we don't outline the boundaries right now.
Mr. Plummer: ;What he is saying is, to a number, not a boundary line.
At i
Mr. De Yurre: No, no, what I'm saying is that whatever districts are going to
be voted upon that it be determined what they are going to look like at a
future date. That's what I'm voting on.
Mayor Suarez: flight.
Mr. Plummer: Well, that's what you are saying.
Mayor Suarez: Yes, that's what he said.
Mr. De Yurre: I'm not voting as to having nine, because I already voted
against the five.
Mayor Suarez: OK, but you are taking out of the motion the concept of five
districts at this point? You just want to make it, whatever districts we
have, whatever number they are, we will not outline the boundaries on the
ballot.
Mr. De Yurre: That's right.
Mayor Suarez: OK.
Mr. Fernandez: Excuse me, Mr. Mayor, a point of order.
Mayor Suarez: Yes.
Mr. Fernandez: This City Commission has, on a three to two vote, decided that
you would put on the ballot the issue of five districts and four at -large.
Mr. Plummer: Correct.
Mr. Fernandez: So that, unless you decide to move to reconsider that, that
is, you're traveling under that assumption.
Mayor Suarez: I think Commissioner would...
Mr. De Yurre: So there is no second. We don't need to bring that up on a
second reading.
Mr. Fernandez: Oh yes, you will have a resolution that you will have to pass
today, a resolution that will contain that principle, you know, there is five
districts and four at -large.
Mr. De Yurre: OK, which I will be voting against because I voted against it
last time, and I guess J.L. is pretty much in the same boat.
Mr. Fernandez: Predictably, but that would still make it three -two, so
we're... =
Mr. De Yurre: So aside from that concept, I'm in favor of voting to not
delineate whatever the districts are going to be today, but to leave it up to
the 1990 census to be determined at a future date. That's what I would be
voting in favor of.
Mr. Fernandez: And implicit in that of course, is the concept of creating a
boundaries committee to come up to you with recommendations and you making the
final decision of those boundaries.
Mr. De Yurre: Certainly, certainly and that every ten years, every...
Mr. Fernandez: And that every ten years...
Mr. De Yurre: ... ten years, every new census, that this process take place,
Mr. Fernandez: Right, exactly.
Mayor Suarez: OK, the motion then is narrowed to the concept that whatever
districts, whatever number approved, that the boundaries would not be put on
_L__ _.._..1 _3 L_ ..4. .. I -& -a&-- &U- 1 nnA
The following motion was introduced by Commissioner Range, who moved its
adoption:
MOTION NO. 89-697
A MOTION APPROVING THE CONCEPT OF SINGLE -MEMBER VOTING
DISTRICTS FOR THE CITY OF MIAMI; FURTHER STIPULATING
SAID DISTRICTS WILL BE DELINEATED ONLY AFTER THE 1990
CENSUS BY A BOUNDARIES COMMITTEE TO BE IMPANELED IN
1991 AND AFTER EACH FEDERAL DECENNIAL CENSUS.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote%
AYES1 Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: OK, the Commission has passed by majority to have districts
without boundaries. Now, let's see if we can agree on how many districts and
how many at -large.
Mr. Fernandez: Mr. Mayor, you've already decided that. You would have...
Mayor Suarez: OK, so we are bound by that vote, right?
Mr. Fernandez: Yes, unless you call to rescind that initial vote of yours,
but that was a validly taken vote...
Mayor Suarez: OK, unless anybody then, at this point moves to change the five
districts and four at -large, that will be on the ballot.
Mr. Fernandez: Correct.
Mr. Fernandez: OK, I don't need to change that because I voted for it, so I
have no problems with that.
Mr. Plummer: Say again, I'm sorry.
Mayor Suarez: That we now have before us, unless we change it today, the
configuration of having five districts and four at -large.
Mr. Plummer: Well, that's already been decided.
Mrs. Range: Right.
Mr. Plummer: So I mean, I was in an opposition to that, but three to two, it
carried by majority so I abide by the majority.
Mayor Suarez: You might want to tell, or I might want to tell, that what we
have done at this point is to approve by motion the concept of not having
boundaries and that there will all kinds of further hearings on the issue of
the boundaries.
Mr. Urra: (COMMENTS IN SPANISH: What they have approved is district elections
without delineating boundaries. In other words, we are voting for the little
blind hen.)
Mayor Suarez: We've got a little editorial here.
Mr. Plummer: Whoa, Orlando. No, no. Wait a minute, I think I heard some
propaganda. Tell me what he said. I don't waive consecutive translation.
Mr. Odio: I don't know if I can translate that, Commissioner.
11
Mr. Odio: It's a Cuban expression, it's a blind chicken... it's a Cuban
expression, it has no translation.
Mr. Plummer: A blind chicken?
Mayor Suarez: hell, the implication is that we have voted on something or the
voters will be asked to vote on something without knowing exactly what they
are voting on, which is a very colloquial way of expressing it. In any event, -
that is where we are. What else do we need to vote on to have a valid...
Mr. Plummera Mr. Mayor.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: I am not satisfied with the last thing that we talked about. I
think it was absolutely crazy. I am not in favor of pulling straws of who
gets the two-year and who gets the four-year. I hate to say that the Manager
gave me an idea which I think is fair, OK? In the district elections, the top
three vote getters, top high three, would get a four-year term and the two
non... the two bottom, in other words, would get two-year terms and the same
thing would apply to the at -large. The two top voters at -large would get a
four-year term and the two that get the least amount of votes, even though
winning, would get two-year terms.
Mr. Dawkins: How would that work in districts, J.L.?
Mr. De Yurre: What are you talking about...?
Mr. Plummer: Excuse me?
Mr. Dawkins: How would that work in districts?
Mr. Fernandez: That can't work in districts.
Mr. Plummer: Why can't it work in districts?
Mr. Fernandez: Because you will be comparing district to district. One
person running from a district may get all of the votes that were cast in the
district...
Mr. Plummer: Oh, I see what you mean.
Mr. Fernandez: .., and still would be fewer than the person who got the
fewest votes in the other district.
Mr. Plummer: Cesar, that didn't work.
Mr. Fernandez: It does work for at -large, but it does work for the district
concept.
Mr. Plummer: All right, but now how would you... I don't like the idea of the
a
coffee can, OK? I don't think that is a good way of doing it.
Mr. De Yurre: Well, are you suggesting that the at -large run in... everybody
run one group?
Mr. Plummer: Well, they do, in effect. They do, in effect.
Mr. Dawkins: It could happen at -large.
Mayor Suarez: No, no, but he means like there are some Commissions in some
cities where everybody runs without a specified seat and depending on the few
that get the... for example, three get the highest amount of votes, they get
elected.
Mr. Fernandez: Those are always at large.
Mayor Suarez: I think Hialeah has that too.
to change that system.
We are... I don't think we want
Mr. Fernandeat Correct.
Mr. Piummart OK, the two top vote getters get the four years, the other tvb
get two years. Now, how do you...
Mayor Suarez: OK, in 191, assuming that everybody goes through, on the ballot
in '91.
Mr. Plummert How do you... but now, that was decided. Everyone goes to the
ballot in 191.
Mr. Fernandez: Correct.
Mr, Plummer: Unless that's been...
Mr. Fernandez: No, it hasn't, that's still there.
Mayor Suarez: Well, we've talked today about the possibility of implementing
the whole thing in 193, so we could have census figures.
Mr. Plummer: OK, how do you rotate in the districts to be fair to the
districts?
Mr. Dawkins: Pull a straw.
Mr. Plummer: I don't like pulling straws or pulling coffee cans. To me...
Mayor Suarez: Remember that initially, there won't be anybody elected by
districts at that point, so it will be just simply... you will be able to,
well no, I guess that's...
Mr. Fernandez: No, in 191 there will be districts.
Mr. Plummer: He's saying...
Mr. Fernandez: Three of whom will have an initial term...
Mayor Suarez: Now, are you talking about for the initial term, or
subsequently there will always have... certain districts will always have a -
two-year term and certain ones will have a four-year term?
Mr. Fernandez: No, no, only for an initial term...
Mr. Plummer: Initial term, because...
Mr. Fernandez: ... because thereafter...
Mr. Plummer: ... after that, everybody is four years.
Mr. Fernandez: Right.
Mayor Suarez: Everybody will be staggered in then, right? - with four-year
terms. That can be done by luck, there is no other way to do it.
Mr. Fernandez: Yes.
Mr. Plummer: I don't like the pulling of straws, I just don't.
Mr. Dawkins: That's just one vote. Let's go.
Mayor Suarez: The Manager was suggesting that the highest vote getters to,.be
done because the districts will have similar populations, but similar is not
enough.
Mr. Odios The districts have similar numbers.
Mayor Suarez: I have a feeling that it might be invalidated by a court.
Mayor Suarez: Would we be challenged on it, if we tried it?
Mr. Fernandez: No. No, you will not be challenged in any method of lottery
that you determine, so long as that method...
Mayor Suarez: No, no, I meant if we did it by the highest vote getters even
though the districts...
Mr. Fernandez: No, in the districts I would not advise that there be that
process followed. For the at -large that would be permissible.
Mr. Plummer: So then are you looking for a motion to incorporate that?
Mr. Fernandez: I'm looking for instructions from you and in 1991 there will
be an election and everyone, all nine of you...
Mr. Plummer: Run.
Mr. Fernandez: Given that it passes now in 189, will be going to election.
Mr. Plummer: OK.
Mr. Fernandez: We must determine at that point in time, which four of all of
you, or better yet, let me break it down, which three of the five from
districts will be having an initial four term and which two from the at -large
will be having an initial four-year term. The other side of that coin is that
from the districts, two will be having an initial two-year term and two from
the at -large would be having an initial term two-year term. Now, the...
Mayor Suarez: But we can build into the motion...
Mr. De Yurre: Well, can't we cross that bridge when we get to it if it
passes?
Mr. Fernandez: No, you must determine now, if you decide to have an election
in '91, you must determine the process of that election, because otherwise the
present City charter does not provide for a method of having all nine
Commissioners...
Mayor Suarez: Is it proper, if that would be your motion to propose that for
the at -large seats that we do it in accordance with J.L.'s idea, the two
highest vote getters and for the district, we just do it by luck, because we
don't even know who they are going to be at this point, or where they are
going to be initially.. It just would...
Mr. Fernandez: Correct, exactly. We are ready to proceed with that kind of
variation. Mr. Mayor, another point is that you must also consider that the
four at -large, one of them would include the Mayor, of course, and so you may
be thinking in terms of the highest vote getter becoming both, the Mayor
perhaps, with a four-year term, or because the only way to do this...
Mayor Suarez: I see what you are saying. Unless you define that the...
Mr. Fernandez: Exactly, because otherwise you will be creating seats to run
from and the idea of this...
Mayor Suarez: But that only applies to the very first election.
Mr. Fernandez: Only to the very first election, right, that's why...
Mayor Suarez: No, no, I would think that the implication is that the Mayor
has a four-year term beginning in 191, no?
Mr. Plummer: Wait a minute. No, that would not, if you are talking, if I
understand you correctly, if you are saying the top vote getter would be
Mayor.
Mr. Fernandez: Yes.
Mr. Plummer: That would apply to more than just the initial term,
Mr. Fernandez: No, no, no, at...
63
Mayor Suarez: No, no, that's not what he said.
Mr. Fetnandeei That's what I said.
Mayor Suarez: He said that the Mayor's term also has to be decided by who the
highest vote getters are...
Mr. Fernandez: Correct.
Mayor Suarez: ... initial term, the...
Mr. Fernandez: Exactly, initial terra only, correct.
Mayor Suarez: Because otherwise, J.L., you only one at -large with a four-year
term in 191, beginning in 191.
Mr. De Yurre: Well, let me see if I can understand this. Hold Ito Cesar.
Mayor Suarez: That's why.
Mr. De Yurre: Are we saying that we have one... everybody wants to run at=
large, runs in one group.
Mr. Fernandez: Correct.
Mr. De Yurre: The top four vote getters become the four Commissioners?
Mayor Suarez: No, no, no.
Mr. Fernandez: No.
Mr. De Yurre: And the top vote getter becomes the Mayor?
Mr. Fernandez: Correct. That's what I'm saying, that the top vote getter
would become Mayor for four years, the second top vote getter would become
Commissioner for seat number two for four years, then the third top vote
getter would become Commissioner from seat three for an initial two-year term
and that the fourth top vote getter will in essence become Commissioner from
seat number four for an initial two-year term.
Mr. Plummer: So in effect, what you are saying is, they all run as one
group.
Mr. Fernandez: Correct. Correct, that's what we've said from the very
beginning.
Mayor Suarez: But not against each other.
Mr. Fernandez: Not... well, everybody against everybody, because there is
only... you do not...
Mr. De Yurre: If there is five of us and there are four seats available, then
you run in one group and the top four vote getters are the ones that get in, _
the fifth one is out and whoever else is running...
Mr. Fernandez: When you register with the City Clerk and if you want to run
at -large, in the 1991 election, the City Clerk would only have one group, if
you want to run at -large, in which to register. Now, if you happen to be the
top vote getter, then you would have been deemed, or you are deemed to have
run for seat number one as Mayor with a four-year term and then thereafter,
�'-
that's the pattern.
Mr. Plummer: Question, what happens if two people running...
Mr. Fernandez: Yes.
..
Mr. Plummer: ... run without a runoff?
�:�` �
.. __ •�______�___ 1..t_�.�� �l71 L� -� ��-��.��. �G ....-EGG- �liL�.�t�1AA1 G�.�. LL.. ��. ':: ..'�
Mr. Dawkins: Those who got the highest number win.
Mr. Fernandez: That's it. Then there is no need for runoffs, ever. Now,
there is a possibility of a tie...
Mayor Suarez: You know, you have managed to change in the last five minutes
the entire scheme that we have been proposing.
Mr. Fernandez: Correct, it does, because what you have been proposing all
along is to have a lottery.
Mr. Portuondo: Why is he doing that? Why are you doing that, George?
Mayor Suarez: Joe, Joe, please.
Mr. Portuondo: I don't understand what's...
Mayor Suarez: This is a discussion among the Commissioners and the City
Attorney.
Mr. Fernandez: What you have been discussing, what you have instructed me to
do on the 13th is to come to you with a Charter amendment with a lottery
system and we have that, and that lottery system...
Mayor Suarez: OK, how would that work?
Mr. Fernandez: That would work this way, that if the Charter passes, if the
referendum passes in November, at your first City Commission meeting in
_ December, then you take the coffee can, the proverbial coffee can and you put
inside of it five equal pieces of paper in size and color and everything else
and in there you write, district one, district two, district three, district
four, district five. You mix them up and then the City Clerk picks out three
and those three will have an initial four-year term. The remaining two that
were not picked up, would have an initial two-year term. Now we are only
talking about districts, so therefore you have, by doing so...
Mayor Suarez: At that point you have selected three that would have...
Mr. Fernandez: And then you have declared to the world that whichever will be
district one as declared by the Boundaries Committee after the census result,
whatever district number one configuration may be, the world would know that
district one would have an initial four-year term and you know, whatever
districts get picked up.
Mr. De Yurre: Then, how do you assign the numbers? - because then Flagami
doesn't want to be district number one or Liberty City, or you know, then you
have to the...
Mayor Suarez: It's only for the first term and it's done by lot.
Mr. Plummer: It's actual...
Mr. Fernandez: But how do you fix the number to the area?
Mr. Plummer: The number as it is now.
Mayor Suarez: Well, you give them numbers and then you put them in a hat and
then you pick out the first three or the...
Mr. Plummer: That's only relates to districts.
Mayor Suarez: That only relates to districts. What about the at -large now?
Mr. Fernandez: And then for the at -large...
Mayor Suarez: Which are four.
f.- Mr. Fernandez: That's right, you do the same process. You put four pieces of
paper that say, at -large one, at -large two, at -large three, at -large four and
then the Clerk picks out two and those two that she picks out would be the two
that would have initial four-year term.
1"
65 July 27, 1989
Mr. plumers What you are saying then in effect, is that...
Ms. Hirai: Commissioner, we need your comment on the record, please.
Mr. Plummers What you are saying in effect is the Mayor's term in 191 could
be two years.
Mr. Fernm6tet Correct, unless instructed differently, that's the way that I
read the transcript and perceived of your discussion. You can exempt the
Mayor from that requirement...
Mr. Plummert Let me tell you how to do that, OK? Right now I'll make a
motion that in the at -large districts, the Mayor is group one. Group two,
group three and group four are the three remaining Commissioners. The Mayor's
term is for four -years.
Mr. Fernandezt All right.
Mr. Plummer: I'll make a motion to that effect.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. That's beginning in 191?
Mr. Plummer: Beginning in 191.
Mr. Fernandez: OK.
Mayor Suarez: Any discussion on that issue?
Mr. Plummer: Now, that means...
Mr. Fernandez: That you would...
Mr. Plummer: ... that group two...
Mr. Fernandez: Three and four.
Mr. Plummer: ... would be for four -years. Group three and group four would
be for two years. —
Mayor Suarez: Right.
Mr. Fernandez: And that there would be no lottery, and there will be then no
lottery to determine the at -large...
Mayor Suarez: Yes but he is not saying which group two means and which
group...
Mr. Plummer: Yes.
Mayor Suarez: Are you?
Mr. Plummer: But there is not a need for a lottery, because it is the top
vote getter down that establishes one, two, three and four.
Mr. Fernandez: No, no, no, you cannot have top vote getter. You're confusing
the process of top vote getter as a determiner of who would get an initial
two-year term and who would get it for an initial three year term.
Mayor Suarez: That's what he is proposing.
Mrs. Ranges So what you are saying...
Mrs. Ranges And then you select your Mayor from in-house. Is that ghat you
meant
Mr. Fernandez: No, no, that's not what I am saying.
Mrs. Range: Well, say it again, because that's the way I understood it.
Mr. Fernandez: Implemented in 191.
Mrs. Range: Oh, it's to be implemented in 191.
Mr. Fernandez: Implemented in '91, right.
Mr. Plummer: But no, no...
Mayor Suarez: Now why wasn't he correct when he said then of the three
remaining at large Commissioners, by the vote of the voters of Miami, whoever
get the highest number of votes, gets the initial four-year term.
Mr. Fernandez: That could be.
Mayor Suarez: That's what he was proposing.
Mr. Plummer: No, no, no.
Mayor Suarez: No?
Mr. Plummer: No. Let me run through the scenario as I understand it.
Mayor Suarez: We just take a lottery of the other three, is that what you are =
saying? _
Mr. Plummer: There would be no lottery. What I am saying is, that we
designate now...
Mr. Fernandez: Right.
Mr. Plummer: The Mayor is group one.
Mr. Fernandez: Right.
Mr. Plummer: There is a Commissioner group two, group three and group four.
The highest vote getter would be the Mayor with guaranteed four years.
Mayor Suarez: I see what he is saying and you can choose to run for the seat
that has the largest term.
Mr. Plummer: Sure. Group two would be guaranteed four years. OK, you don't
run against a group as we do today. You all, and that's what I just asked,
you all are in one race at -large. The top vote getter is the Mayor and then
two, three and four. Is that what I'm understanding?
Mr. De Yurre: Is that your motion? That's fine.
Mayor Suarez: That's changing the whole system...
Ms. Hirai: That was the motion.
Mr. Fernandez:
Permutation that
has
not been considered,
and so, if you make
that by way of
a motion, we can plug
that in.
Mr. Dawkins:
Well, plug it in.
Ms. Hirai: That was the way the
motion
was outlined.
Mr. De Yurre:
OK, the motion...
you
understand the motion?
OK, is that your.
motion, J.L.?
Mr. Plummer:
Ah ah.
Mayor Suarez:
You are saying
that
everybody is running
for all the seats,
"
including the
Mayor's seat, that
you
don't specify you are
running for Mayor?
F
F
j
67
July 27, 1989
Mr. Plummer: You don't specify the at large.
Mr. be Yurre: Everybody runs in one group.
Mayor Suarez: But you are not, you don't specify that you are running for
Mayor of the City and whoever gets the highest number of votes gets elected?
Mr. Plummer: Whoever would be the highest vote getter would be the Mayor.
Mayor Suarez: That changes the whole system of government that we have.
Mr. De Yurre: Well, we are changing the whole system of government.
Mr. Plummer: Well, are we not changing every damn thing that we're doing? I
mean, we're in organized confusion here.
Mayor Suarez: But you had previously made a motion that the... oh, I see, you
had made a motion...
Mr. Plummer: That's the Mayor's turn...
Mayor Suarez: ... that whoever the highest vote getter is...
Mr. Plummer: Well, let me simplify it. If we designate and understand that
group one is the Mayor,...
Mr. Fernandez: Yes.
Mr. Plummer: OK?
Mr. Plummer:
Group one and two would be for four-year seats, group three and
-
four for two-year seats. They all run at large. The top vote getter would
be group one,
the second vote getter would be group two, the third would be
three and the
fourth would be four. There is not any running for a group,
just like there is in the contrary in the districts. That is correct, you
run for the at large. The top vote getter, as I understand what you are
saying, would
be the Mayor.
Mr. Fernandez:
And would have an initial term of four -years.
Mr. Portuondo:
I've got to say something.
Mr. Plummer:
Group one and two would be for four years.
Mr. Dawkins:
Hold it, hold it!
Mayor Suarez:
Joe, you're not recognized, you are not recognized. You are
not recognized,
Joel -
Mr. Portuondo:
You'll approve a logistically impossible thing. -
Mayor Suarez:
You are not recognized. You are out of order.
Mr. Dawkins:
Let's get through here so we can get this and let him get
Mr. De Yurre:
OK, is that a motion, or what?
Mr. Plummer:
I'll make it into the form of a motion to delineate so that it
is clearly understood...
Mr. De Yurre:
OK, I understand it, I'll second the motion.
'
Mayor Suarez:
Moved and seconded. —
Mr. Dawkins:
Now, Mr. City Attorney, what's wrong with it?
'
Mr. Fernandez:
Let me see if I understand it, because there have been several
comments and variations and I need to be crystal clear on what the motion is
The motion is
that for the 1991 election, only...
Mr. Plummer:
Right.
Y ,..
68 July .27, 198'
r
Mr. Fernandez: ... those that would be running at large, would all run, will
not run for specific groups, would not register to run for specific groups,
but all throw in their hats into the ring.
Mr. Plummer: Correct.
Mr. Fernandez: Of those, the one that gets the highest vote, will become the
Mayor and would be deemed to have run for seat one thereafter. I mean, you
know, that would become seat number one. The second highest vote getter would
be Commissioner from group two, would be deemed to have run for Commissioner
seat number two and would have initial four-year term.
Mr. Plummer: Correct.
Mr. Fernandez: The third highest vote getter would be deemed to have run from
seat number three... from group number three and would have an initial two-
year term and the fourth highest vote getter would be deemed to have run from
group number four and have an initial two-year term. Then, in 1993 and
thereafter, everybody has four-year terms and the staggering has already been
worked in. Is that your motion, Mr. Plummer?
Mr. Plummer: Yes.
Mr. Fernandez: All right, then I understand it perfectly and there is no
legal problem with that method.
Mayor Suarez% One of the things that we have talked about in the past in the
City of Miami and one of the reasons that we talked about having single member
districts is to maintain at least a minimum level of representation for the
principal ethnic groups in the City. You realize that if you go that kind of
a system, you not only don't have a guarantee of that for the at -large seats,
but you almost put yourself in a situation that all could be from the
principal ethnic groups in the City because they may be the four highest vote
getters and I want to caution everybody on that...
Mr. Plummer: As it is now.
Mayor Suarez: No, sirl
Mr. Plummer: Yes.
Mayor Suarez: No, nol
Mr. Plummer: Sure it is. When we offer ourselves at large today, we subject
ourselves to that same kind of results.
Mr. Plummer: But you are running for particular seat and people know that you
are J.L. Plummer running for a particular seat for reelection.
Mr. Plummer: But the seat is not a district. The seat is only by virtue in
the Charter for the purposes of who runs on what year, even year or odd year.
Mayor Suarez: But in this fashion, what you have, is you could have a
minority group, which in the case of the City of Miami, is a majority. I
don't want to use the expression ganging up, but that could be the effect of
running enough candidates to win all the at -large seats.
Mr. Plummer: Then they can do that anyhow.
Mayor Suarez: No, they have to specify that they are going to run after your
seat, for example, if you are up for reelection, or Commissioner Dawkins'
seat, if he's up for reelection. In this case, they could just simply put on
the ballot as many candidates as are needed to win all four at -large seats and
as long as the four who get the highest number of votes are in fact of a
particular ethnic group, which happens to have a majority in the City, they
you know, could win all the seats.
Mr. Plummer: What difference... look, today I am group three. In 191 I'm
group three. What is to stop a minority group from ganging up on group three
in 191? Nothingl Look, I'm not sitting here blowing my own horn. In the
last election I had five Cuban opponents and one black. Now, if that's not
69 July 27, 1989
ganging up for the so-called Angle, seat, which I disagree with. That
ganging up? I think you have a...
Mayor Suarez% But you are running for one particular seat held by one
particular person and there is a lot of feeling in the community that you
respect minimum...
Mr. Plutmo r: We are saying the who not the what.
Mayor Suarez: You.
Mr. Plummer: You know...
Mayor Suarez: Those are the reasons that I would have to vote against that one.
Mr. De Yurre: Let me expand on this a little bit further. Are .we talking
about with a runoff, or just a one shot?
Mr. Plummer: There would be no runoff.
Mr. Fernandez: No runoff.
Mr. Plummer: There is no runoff.
Mr. Fernandez% No runoff.
Mr. De Yurre: And you vote for four?
Mr. Plummer: That's correct.
Mr. De Yurre: In each group, and in that group you vote for four?
Mr. Fernandez: Correct.
Mr. Plummer: That's it.
Mr. De Yurre: OK, well that...
Mr. Plummer: It's basically the top four vote getters
are the elected
officials and then it breaks down as to one -one, two -two,
to three -three,
four-four.
Mr. De Yurre: OK, I got no problem with that.
Mr. Fernandez: Also you must consider the possibility of a
tie vote or the
two top vote getters being tied and then...
Mr. Plummer: Well, you do like Opa-Locka.
Mr. Fernandez: That's right. Then you...
Mr. Dawkins: You flip a coin, you flip a coin.
Mr. Fernandez: Well, not flip a coin, because you must consider
this. You -
have two people who have both received 10,000 votes identical
numbers. If you
flip a coin, then that means what happens to the person who
get's the wrong
face of the coin. Does that...
Mr. Plumiaer: Well, number two.
Mr. Fernandez: ... become number two?
�''
Mr. Plummer: Sure.
—
Mr. Fernandez: All right, OK. And likewise, all the way down with a trickle
effect.
Mr. Dawkins: Right.
Mr,,,Fernandez; tea, correct,-
70
,tuy
Mr. Plummer: Now, the only question that I have...
Mayor Suarez: It's really not a new problem, by the way, because you could
have a runoff in the present system and have people end up with the same
number of votes. I don't... I guess it never happened.
Mr. Plummer: I would like to know what the odds are in this City of having a
dead -heat. You know...
Mayor Suarez: Yes, I mean, I wouldn't worry too much about it.
Mr. Plummer: Let me ask one question and has anybody given consideration.
Mayor Suarez: The odds are infinitesimally low.
Mr. Plummer: Were to run for an at -large seat, nobody will question it's
going to be much more expensive. It is going to be much harder. Should there
be consideration given that the at -large be for the four years and the
districts be for two? I'm just asking the question.
Mr. Odio: If you did that I'm concerned about continuity in government. When
you draw... everybody could lose in 191 and you would have nine new members.
If you did that, you could have three members staying on in 191 and...
Mr. Plummer: OK, I'm just asking the question, OK?
Mr. Odio: ... until 193 and then the two that were up for election run plus
the districts.
Mr. Fernandez: Not only that, the problem with that system is that you will
always be exposing yourself to a change every two years from the districts and
there would be no sense of continuity...
Mr. Plummer: No, you could have three of the districts run every two... have
two-year terms initially, and four-year terms and then it would be split up
that way among the others.
Mr. Fernandez: Well, that doesn't do that. That's the system that you
presently are considering.
Mr. Plummer: Call the roll on the one that's there.
Mayor Suarez: I want to make a substitute motion before you call the roll on
that. The substitute motion would be, going back to your initial concept of
having in 191 the Mayor's seat and one at -large, or rather, the four at -large
through a lottery system determine two that would run for four years and two
that would run for two years and two for four and two for two...
Mr. Plummer: Oh.
Mayor Suarez: ... in 191 by a lottery, just like the districts, which is the
proposal we had before, but always keeping the specific seat that you are
running for, not changing to a system like, I don't know that there is any,
anywhere that right now in this area that has people all running with the
highest vote getter become the Mayor and the other ones...
Mr. Fernandez: West Miami did until last year, I believe...
Mr. Plummer: Coral Gables, up until last year.
Mr. Fernandez: Yes.
Mayor Suarez% And the problem, J.L., is that you are doing that only for one
election.
Mr. Dawkins: For the sake of expediency, I second it.
Mr. Plummer: That's it. We only do it for one election, is what we're
talking about.
Mayor Suarez: Right, but I mean, it's confusing to change the City Charter to
have something that is such a new form of government for only one election, so
my motion is to have the...
71
July 27, 1989
Mrs, Ranget Just before you go with your motion, sir.
Mayor Suareet Yes.
Mrs. Range: So that means that in 1993 everything will even out in four
years.
Mr. Plummer: That's correct.
Mrs. Range: Is that correct?
Mr. Fernandez: Correct.
Mrs. Range: All right.
Mr. Plummer: But that's not what he's proposing. That's not his substitute
motion.
Mayor Suarez: Yes, it is.
Mrs. Range: No, I'm...
Mr. Fernandez: No, what...
Mr. Plummer: The substitute motion establishes the Mayor's seat as a seat.
Mayor Suarez: Yes, and a Commissioner's.
Mr. Plummer: But it's not as top vote getter.
Mr. Fernandez: No.
Mayor Suarez: No, no.
Mr. Fernandez: Mr. Suarez's...
Mayor Suarez: We by lottery select...
Mr. Plummer: I just think that a lottery system, the coffee can, is
ridiculous) What is wrong with a popular vote, the person is getting the top
vote getter and go right down the line? To me that makes sense.
Mr. De Yurre: Well, we have a first and a second on that. Why don't we just
vote on it and see if it passes and if not, then we'll move onto something
else. What would happen to his motion, that which I seconded?
Mayor Suarez: I have a substitute motion.
Mr. Plummer: He put a substitute to it.
Ms. Hirai: Yes.
Mr. Dawkins: Vote on the substitute motion first.
Ms. Hirai: Yes, we called it...
Mr. Dawkins: If that passes before J.L.'s.
Mrs. Range: He hasn't voiced the substitute yet though, because I asked him
to allow me to speak. Would you voice your the substitute motion again? -
Mayor Suarez: Yes, we are going to do the same thing and the motion, we're
going to do the same thing for at -large that we would do for districts in
terms of selecting whether it's a two-year term or a four -tear term initially,
and that is to do it by lottery. Two at -large would and up with two-year
terms initially, two would end up with four -terms and the same happens for the
district Commissioners. You have to have initially how many?
Mr. Fernandez: Three for four-year terms and two for a two-year term for
districts.
A ,
. 72 july. 27,,
Mayor Suarez: That's the only logical way, I think, of doing it with...
Mr. Fernandez: Mr. Mayor, and in your substitute motion, are you considering
that the Mayor would also get into the lotteries...
Mayor Suarez: Yes, the Mayor also would participate in the lottery.
Mr. Fernandez: ... so that the possibility...
Mayor Suarez: The Mayor's seat, actually, not the Mayor.
Mr. Fernandez: So the possibility there is that the Mayor's seat could have
an initial two-year term.
Mayor Suarez: That's right.
Mr. Plummer: That's wrong. The voters of this community spoke to a four-year
seat for the Mayor, OK?
Mayor Suarez: Well, I would have accepted... I would have voted on your
motion to give a four-year term to the Mayor in the 1991, then you only have
one at -large seat that has a four-year initial term other than the Mayor.
I'll accept that too.
Mr. De Yurre: Then we are going back to J.L.'s motion?
Mayor Suarez: Yes, because that motion was never voted on.
Mr. Plummer: Well, the reason it wasn't vote on, you made a substitute.
Mayor Suarez: No, no, because you changed it, the whole system, then, to one
of elections...
Mr. Plummer: Mr. Mayor, I make no bones about the fact that I am opposed to
the coffee can concept of government. It's wrong, it's just wrong to me. You
were the subject of the coffee can.
Mayor Suarez: Yes, but that is just selecting the initial terms.
Mr. Plummer: Well, I don't agree with it, I'm sorry.
Mr. Dawkins: What is the motion? What is the first motion and what is the
substitute? What's your motion, J.L.?
Mr. Plummer: My motion is simple, that we establish the Mayor's group as
group one. We have group two, three and four. The top two vote getters,
group one and group two would be elected for a four-year term. Group three
and four would be elected for a two-year term only on the initial 1991. As
Mrs. Range said, in 193 it then equals itself out and puts it on the fear of
the Manager and others, that it wouldn't be every two years, you could have a
whole new Commission.
•
Mr. Fernandez: Yes, implicit in your motion also Mr. Plummer is the fact that
people do not run for a specific seat...
Mrs. Range: Right.
Mr. Fernandez: ... in 1991, they all run...
Mr. Plummer: No, the old one was not that way either. It was a group. It
was not a seat, it was a group.
.
Mr. Fernandez: A group.
Mr. Plummer: OK? And in this, you can call it what you may, but it is group
one, group two, group three and group four.
Mr. Fernandez: But it was deemed that the person who gets the highest vote
would be deemed to have earned the seat for group one, not that...
Mr. Plummer: And that be for four years.
73 july 27, 19$9
Mr. Fernandez: And that be for four years. And not that when you go to
register with the City Clerk, when you intend to register to run for election,
that you tell her, put me in group number one, so it wouldn't be in group one.
Mr. Plummer: When I file with the City Clerk in 1991, as I understand it, I
will file to run at large, period.
Mr. Fernandez: Period, correct.
Mr. Plummer: OK?
Mr. Fernandez: So Mr. Mayor, that's where the crux is. That's where you'll
have a problem with that.
Mayor Suarez: My substitute motion is simply that we use the lottery both for
the districts, which I think we already voted on, or we were disposed to vote
on, and also for the at -large and include the Mayor's seat in it to be
determined whether it is initially a four year or a two year term.
Mr. Fernandez: A point of procedure, if the vote is in favor of the top
voter getter, we must go back and you must instruct me by way of a first
resolution to come back to you with a second resolution later. If your vote
or your motion succeeds, which is the lottery for both districts and groups at
large, then you don't need to follow that fiction because that's in fact what
you instructed me to do last time to come up with a system and that's validly
in front of you today.
Mayor Suarez: I'll tell you one other argument that comes to mind, because I
haven't thought about this before today and that argues against that concept.
If people are so disposed to act, you could have a situation where a candidate
who would like to be Mayor of the City as opposed to Commissioner in that
first election, convinces his followers to not vote for other Commission
candidates so that the candidate that he is supporting for Mayor would have
more votes and you are going to have that kind of negative voting and negative
approach to voting. You know, I have strenuous objections to that concept for
obvious reasons, in addition to the ones that I have enunciated, but we have a
substitute motion and we have a second. Mr. Vice Mayor, so I guess it's your
floor.
Mr. De Yurre: If there's no further discussion, call the roll.
Ms. Hirai: Roll call on the substitute motion.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 89-698
A MOTION STIPULATING THAT, IN CONNECTION WITH PROPOSED
CHARTER AMENDMENT #2 (RESTRUCTURING THE FORM OF CITY
GOVERNMENT) THE METHODOLOGY SELECTED FOR DETERMINING
THE OFFICIAL FOUR- AND TWO-YEAR TERMS (FOR THE PURPOSE
OF ACCOMPLISHING THE REQUIRED STAGGERING OF TERMS)
SHALL BE BY ONE OF CHANCE, BY LOT, DRAWING FROM A
SUITABLE CONTAINER.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
ABSENT: None.
Mr. Dawkins: Let me explain my yes vote. Never mind, go ahead.
Mayor Suarez: What do we have left to decide at this point?
74
Mr. Fernandez: So that it's clear with everyone that we are going to the
coffee can.
Mr. Dawkins: Why must it be a coffee can? It could be, I mean, you know, you
people make it derogatory by saying coffee can.
Mayor Suarez: A lottery's just...
Mr. Dawkins: I mean, lottery, just say that.
Mayor Suarez: By lot.
Mr. Fernandez= I am only using Mr. Plummer's... all right.
Mr. Plummer: That's predicated on history of how we've had failures in the
past.
Mayor Suarez: By lots.
Mr. Fernandez: I vote...
Mr. Plummer: A suitable container...
Mr. Dawkins: Thank youi
Mr. Fernandez: You know, I just use that for brevity of words.
Mr. Plummer: ... which is blue with orange label that's an automatic drip.
Mr. Fernandez: Fine, correct. Now, Mr. Mayor, another point that you must
consider is the extraordinary vote of the City Commission. If you go to a
nine member City Commission, you must consider what percentage or what
fraction of nine would be required for an extraordinary vote. For example,
right now you are required...
Mayor Suarez: How many provisions do we have in the Charter that refers to
extraordinary votes?
Mr. Fernandez: Six seven.
Mayor Suarez: Dealing with what, emergency measures? Is that...
Mr. Fernandez: Emergency measures, dealing with waiver of conflict, dealing
with several items that four of you must always vote on.
Mayor Suarez: You would ask us to, by one vote right now, decide what we want
that super majority to be or extraordinary majority for items that now in the
Charter provide for four -fifths.
Mr. Fernandez: Exactly. And I need direction on that. I need you to
determine...
Mayor Suarez: If there was four -fifths, it would require eight right now,
right?
Mr. Fernandez: I... that would be my interpretation.
Mr. De Yurre: Seven -ninths?
Mayor Suarez: We could make it seven -ninths and it would be approximately
fnur—f i fthee _
LA
Mayor Suarees oK, I'll entertain a motion.
Mr. Fernandeet So I need a motion on that, yes.
Mayor Suarers I'll entertain a motion...
Mr. De Yurres I'll move it, seven -ninths.
Mr. Dawkina: Second.
Mayor Suarezt ... that all extraordinary votes be by seven -ninths majority 6f
the nine member Commission.
Mr. Plummer: Seven -ninths?
Mayor Suarez: Seven out of the nine Commissioners have to vote.
Mr. Plummer: Oh.
Mayor Suarers So moved and seconded. Any discussion? For lack of a better
alternative, call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-699
A MOTION STIPULATING THAT IN CONNECTION WITH PROPOSED
CHARTER AMENDMENT NO 2, (RESTRUCTURING FORM OF CITY
GOVERNMENT BY INCREASING THE NUMBER OF COMMISSIONERS
FROM FIVE TO NINE) THE REQUIREMENT FOR AN
EXTRAORDINARY VOTE OF THE CITY COMMISSION SHALL BE
CHANGED FROM 4/5THS TO 7/9THS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOESs None.
ABSENTS None. —
Mr. Dawkins: What else we need?
Mr. Fernandez: Mr. Mayor, I also need guidance from you on this boundary
committee that would be impaneled to consider the results...
Mayor Suarez: That has to be put into the Charter?
Mr. Fernandez: Oh yes, because this is...
Mayor Suarez: What parameters do we have to specify?
Mr. Fernandez: The makeup of it, who do you want? - how many members coming
from where? - and actually...
+!r.
Mayor Suarez: All of that has to be put in?
Mr. Fernandez: Yes, because it must be part of the Charter because you wlll
be doing this...
Mayor Suarez: Give us the minimum number of parameters that we must put on
the ballot.
=
yr, Plummer: Can I tell you something? The people of this community are
going to turn this thing down like you have never seen.
5
k
76 July 27 i
r
�
Mr. Fernandez: Well..
Mr. Plummer: How in the hell are the people of this community going to
Understand what we don't understand?
Mr. Fernandez: Weil, let me then...
Mr. Plummer: This makes no sense!
Mr. Fernandez: Let me very short on that, Mr. Mayor and Mr. Plummer. My
concern is to make sure that if you want a referendum question that it be
proper and legal. It is not my concern, the public policy arguments or the
politics of it and I'm telling you that a Charter amendment on this issue
would not be complete unless you really...
Mayor Suarez: OK, give us the minimum please, instead of arguing with us.
Mr. Fernandez: No.
Mayor Suarez: It is confusing, as Commissioner said, and you are trying to
keep it from not only being confusing, but being challenged in the courts and
being invalidated.
Mr. Plummer: Yes, let's buy glasses for the...
Mr. Fernandez: OK, for example, the boundaries committee will be
determined...
Mayor Suarez: What is the.logical number of members? Could we say, eleven
members, two appointed by, well, of course, we would have at that point, nine
Commissioners, so...
Mr. Fernandez: Well, the first boundary committee will only have... if you
want to have a representative of each of you, you would only have five,
because the first boundary committee, there will only be five Commissioners.
Mr. Plummer: At first. The second...
Mayor Suarez: No, the second one has... there is nine Commissioners, so you
could have a different number of members of that committee.
Mr. Fernandez: In the year 2001...
Mr. Plummer: You are talking abut the boundary committee?
Mayor Suarez: Right.
Mr. Fernandez: Yes.
Mr. Plummer: Setting the boundaries are until another referendum. What's the
second one?
Mayor Suarez: No, another census.
Mr. Fernandez: No, no, no, another census.
Mayor Suarez: It's just the way we have done it, every ten years.
Mr. De Yurre: Just say one representative per Commissioner.
Mr. Fernandez: Another census. You have just taken a vote this morning and
instructed me that the...
Mayor Suarez: Mr. City Attorney, can we say that it's a committee of no lest
than whatever number of members you deem appropriate to be selected by the
Mr. Fernandeat ... you want this committee to only recommend to you, or do
you want this committee to have some sort of a definitive power?
Mayor Suarez: What do you recommend on that?
Mr. Fernandez: That is really your call. That...
Mayor Suarez: I would think that the Commission has to have the ultimate
responsibility for approving the boundaries, so...
Mr. Plummer: That's what we elected...
Mr. Fernandez: OK, so making recommendations to you.
Mayor Suarez: A committee of no less than eleven.
Mr. Plummer: For what? Why that many?
Mayor Suarez: Well, what do you...
Mr. Plummer: Why not five?
Mayor Suarez: Well, one reason is that once you have nine Commissioners, they
are all probably going to appoint one per for subsequent...
Mr. Plummer: We don't have nine Commissioners at that point.
Mayor Suarez: But the second decennial census, the second time...
Mr. Fernandez: In the year 2001.
Mr. Plummer: But then you got another referendum or it stays as it is.
Mayor Suarez: I don't... you know. If you want to make it five, do you want
to make it five? Is that what you want to do?
Mr. Plummer: I just think a committee of eleven is that you are not going to
get anything accomplished. You'll never get everyone to agree.
Mayor Suarez: Give us a figure, put figure in. No less than...
Mr. Plummer: Fivel
Mayor Suarez: ... five. That would take advisory, it would make advisory
recommendations to the Commission for final action.
Mr. De Yurre: And that they are residents of the City of Miami.
Mayor Suarez: Residents of the City of Miami, very important.
Mr. Fernandez: And that also at timetable, that they must come to you in time
for you to be able to put in 1991 and in the year 2001 and the year 2011, to
give you enough time for you to put on the ballot the new boundaries.
Mayor Suarez: Right. After the census, but prior to the next general
election of the City of Miami.
Mr. Fernandez: Correct.
Mayor Suarez: OK, I'll entertain that into the form of a motion.
Mr. Plummer: Let me ask one other question where I am totally lost. Are we
now saying that this implementation is in 193?
Mr. Fernandez: 191
Mr. Plummer: That I understand. But you are talking about implementation in
'91.
Mr. Fernandez: Correct.
Mr. Plummer: And a committee will be formed after the results you say Come in
April.
Mr. Fernandez: Of 191.
Mr. Plummer: In April of '91.
Mr. Fernandez: And before September.
Mr. Plummer: And we are back into the same damn jackpot we're in todayl
Mr. Fernandez: Well, from April to September 6th, which would approximately
_ thereabout, would be the time that the committee would have to make a
decision, or that you would ultimately have to make a decision so you have
_ the month of April, May, June, July, August, for both the committee's work and
this Commission's consideration.
Mayor Suarez: It would all be one issue, I mean. There won't be any other
changes in the Charter at that point, it would just be...
Mr. Plummer: You can bet that Orlando Urra, in 1991, whether he is there or
someone else, and everybody else are going to be fighting this thing tooth and
nail. You know, the problem is, I saw the gerrymandering that took place in
the last census with the State Legislature. Mr. Mayor, you saw it and I saw
it where they took boundary lines by people's front door! Now, let's you
know, call it like it is. It's not going to be simple. You know, and then of
course you talk to the Legislature and they say, oh well, the computer did it,
the computer did itl Are we appointing five computers or five people? You
know, I...
Mrs. Range: But this has to come to the Commission for approval, doesn't it?
Mr. Plummer: I understand Mrs. Range, my concern is, is the time element
between when you get the consensus results or the preliminary data and the
time of the election in November. I think this is just as short as we are of
time right now.
Mayor Suarez: But with only one item to be put before the Commission, which
is the boundaries only, so it won't... you know, and it doesn't have to go to
a referendum or anything at that point. It is just a matter of selecting and
putting it on that, you know, announcing it to the public where the districts
are, implementing it.
Mr. Fernandez: Correct.
Mayor Suarez: Can we have a motion with all of those things included?
Otherwise, we'll never get out of here.
Mr. Plummer: The only thing we are talking about is a committee of five
members that will draw the boundaries?
Mayor Suarez: Residents of the City that will draw the boundaries and will
submit recommendations to the committee.
Mr. Fernandez: Appointed by the Commission, the five to be appointed by the
Commission.
Mayor Suarez: Yes, right.
Mrs. Range: The Commission certainly has the right to reject it.
Mr. Fernandez: Oh sure, sure, they only make recommendations.
Mrs. Range: That's all.
Mayor Suarez: Advisory, advisory, OK. OK, we have a motion, somebody?
79
Mr. be Yurre: Second.
Mayor Suarez: Moved and seconded.
Me. Hirai: We don't have a motion, Mr. Mayor. Oh, Mr. Plummer?
Mr. Plummer: Fine.
Ms. Hirai: All right.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plueemer, who moved
Its adoption:
MOTION NO. 89-700
A MOTION CREATING A BOUNDARIES COMMITTEE TO BE
COMPRISED OF FIVE MEMBERS TO BE APPOINTED BY THE CITY
COMMISSION FOR THE PURPOSE OF ESTABLISHING AND
THEREAFTER REDEFINING DISTRICT BOUNDARIES AFTER EACH
DECENNIAL CENSUS, SUBJECT TO COMMISSION APPROVAL,
WHICH COMMITTEE SHALL BE IMPANELED IN 1991 AND AFTER
EACH DECENNIAL CENSUS AND PRIOR TO THE FOLLOWING
GENERAL CITY OF MIAMI ELECTION; FURTHER PROVIDING THAT
COMMITTEE MEMBERS ARE TO BE RESIDENTS OF THE CITY AND
ONLY SERVE IN AN ADVISORY CAPACITY.
Upon being seconded by Commissioner De Yurre, the motion was passed and
—
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Did Father Barry leave, by the way?
ssm:
Mr. Dawkins: What else do you have? What else you need, Mr. City Attorney?
—
Mr. Fernandez: I need to come back to you with second and final
resolutions...
Mr. Dawkins: Whatever you need, go and come back.
Mayor Suarez: Any other important...
Mr. Fernandez: Right now, nothing else. When I come back to you early .this
_
afternoon with a...
Mr. Plummer: What time are we coming back?
Mr. Fernandez: ... finished product.
Mayor Suarez: Mr. Manager...
-
Mr. Dawkins: What time are we coming back, 2:30 p.m.?
Mr. Plummer: 2:30 p.m.
_
Mayor Suarez: ... are we going to take... try to do the report on the ad hoc
committee now or are you going to do it right after lunch?
Mrs. Range: No.
—;
Mr. Plummer: No, no, after lunch.
so
0
0
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12.25 P.M. AND RECONVENED AT 2:42 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
---------------------------------------------------- - --
9. CONSENT AGENDA.
Mayor Suarez: Let me announce the Consent Agenda which is comprised of items
CA-1 through CA-9. If anyone wishes to be heard on any of those items, please
come forward. Let the record reflect that no one came forward and
Commissioners, I'm going to pull a couple of items from the consent agenda,
hopefully none, but you never know. Mr. Manager, by the way, while we wait
on the Consent Agenda when are you of a mind to give the report to the Ad Hoc
Committee. Are they represented here?
Mr. Odio: Father Barry is here.
Mayor Suarez: OK, as soon as we then take the vote on the Consent Agenda. I
just want to make sure all the interested parties are here. Items CA-1
through CA-9 comprise the Consent Agenda.
Mr. Plummer: Pull two and nine.
Mayor Suarez: Items two and nine are excluded from that motion.
Mr. Plummer: Mrs. Range, any matters pulled from the Consent automatically go
to the next meeting, no conversation.
Mrs. Range: Yes, I understand. You pulled nine?
Mr. Plummer: Yes, Ma'am.
Mr. Odio: Two and nine?
Mr. Plummer: Yes, sir.
Mayor Suarez: No, no, Commissioner, that's not exactly right.
Mr. Plummer: Huh?
Mayor Suarez: I want to know what happened on items two and nine in a second,
but let's vote on the consent agenda, because otherwise we are going to have
to...
Mr. Plummer: Whoa, Mr. Mayor, the policy as I remember, they automatically go
to the next agenda. I mean, if we're not, what are we accomplishing?
Mayor Suarez: Commissioner, the idea is to have on the Consent Agenda only
items that we will act collectively. If you have a particular question about
them even, you are supposed to reflect that 24 hours before the meeting.
Mr. Plummer: I stand corrected, you're right.
Mayor Suarez: Yes, I have no problem with that, I just want to know, because
some items, it might be that you would like to have further information on it,
but someone else might feel that they ought to be decided. I'd like to just
want to know before we delay them automatically.
Mr. Plummer: All right.
Mayor Suarez: CA-1 through CA-9, with the exceptions of items two, nine...
Mr. Dawkins: I just need for the Manager, Mr. Mayor.
Mayor Suarez: Clarification on...?
Mr. Dawkins: Clarification on one.
Mayor Suarez: item one, two and nine...
Mr. Dawkins: No, just clarification, if may...
Mayor Suarez: Yes, we can take a clarification after the motion, no we get
the rest of it. Are all the rest OK, J.L., Athalie?
Mr. Plummer: As far as I know. I move the Consent ...
Mayor Suarez: With the exceptions of items one, two and nine, I entertain a
motion on...
Mr. Dawkins: No, I don't want to pull it. No, I just►.. I wanted it to move
with the rest of them. I just need an explanation, Mr. Mayor.
Mayor Suarez: Let's take a motion on the rest of them, please, let's get
those out of the way.
Mr. Plummer: I move the Consent Agenda with the exceptions of items one, two
and nine.
Mayor Suarez: With those exceptions we have a motion. Do we have a secondt
Mrs. Range: Second.
Mr. De Yurre: Second.
Mayor Suarez: Miller, it's the same thing, it will be handled separately.
Call the roll on the Consent Agenda.
THEREUPON, THE FOLLOWING ITEMS COMPRISING THE CONSENT AGENDA, WITH
THE EXCEPTION OF ITEMS CA-1, CA-2 AND CA-9, UPON MOTION DULY MADE
BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER RANGE WERE
APPROVED BY THE FOLLOWING VOTE OF THE CITY COMMISSION:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
9.1 APPROVE PURCHASE OF 3 STREET SWEEPERS FROM METRO -TECH
C EQUIPMENT
CORPORATION - for GSA Department.
RESOLUTION NO. 89-701
A RESOLUTION APPROVING THE PURCHASE OF THREE (3)
STREET SWEEPERS FROM METRO -TECH EQUIPMENT
CORPORATION UNDER AN EXISTING CITY OF CORAL GABLES
BID NO. 87-306 FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF
$194,940.00; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF SOLID WASTE POLLUTION CONTROL BOND
PROJECT NO. 353005 ACCOUNT CODE NO. 329402-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
82 Joly 27, �4:94 :
G
9.2 ACCEPT BID: AGILE SYSTEMS, INC. - for furnishing electronic mail
system - for Computers Department/Communications Division.
RESOLUTION N0. 89-702
A RESOLUTION ACCEPTING THE BID OF AGILE SYSTEMS,
INC. CONTINGENT UPON RECEIPT OF A PERFORMANCE BOND
ACCEPTABLE TO THE CITY ATTORNEY FOR THE FURNISHING
OF A ELECTRONIC MAIL SYSTEM TO THE DEPARTMENT OF
COMPUTERS/COMMUNICATIONS DIVISION AT A TOTAL
PROPOSED COST OF $44,371.00; ALLOCATING FUNDS
THEREFOR FROM THE 1988-89 SPECIAL REVENUE FUND
ACCOUNT NO. 540101-840 ($11,783.80) AND 1988-89 LAW
DEPARTMENT OPERATING BUDGET ACCOUNT NO. 230101-840
($2,102.40) AND THE BALANCE OF $30,484.80 FROM THE
1989-90 OPERATING BUDGETS OF VARIOUS CITY
DEPARTMENTS; 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.)
9.3 ACCEPT BID: ASSOCIATES CONSTRUCTION CORP. - for Dinner Key Marina -
baywalk and landscaping.
RESOLUTION NO. 89-703
A RESOLUTION ACCEPTING THE BID OF ASSOCIATES
CONSTRUCTION, CORP. IN THE PROPOSED AMOUNT OF
$1,038,218.80, BASE BID OF THE PROPOSAL, FOR DINNER
KEY MARINA-BAYWALK AND LANDSCAPING WITH MONIES
THEREFOR ALLOCATED FROM THE 1989 CAPITAL IMPROVEMENT
ORDINANCE NO. 10521, PROJECT NO. 414005 IN THE
AMOUNT OF $1,038,218.80 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.)
9.4 ALLOCATE $15,166 TO MIAMI BRIDGE, INC. - to operate residential shelter
for runaway undomiciled youth.
RESOLUTION NO. 89-704
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $15,166
FROM THE 1987 EMERGENCY SHELTER GRANT TO THE MIAMI
BRIDGE, INC. FOR THE PURPOSE OF OPERATING A
RESIDENTIAL SHELTER FOR RUNAWAY/UNDOMICILED YOUTH
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH SAID AGENCY FOR SAID PURPOSE, IN
SUBSTANTIALLY THE FORM ATTACHED.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.5. EXECUTE AGREEMENT: CHRISTIAN COMMUNITY SERVICES, INC. ($70,000) - from
1989 Emergency Shelter Grant - to establish emergency shelter for
homeless families.
RESOLUTION NO. 89-705
A RESOLUTION WITH ATTACHMENT AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT IN THE AMOUNT OF
$70,000 FORM THE 1989 EMERGENCY SHELTER GRANT TO THE
CHRISTIAN COMMUNITY SERVICES AGENCY, IN., IN
SUBSTANTIALLY THE FORM ATTACHED, TO ESTABLISH AN
EMERGENCY SHELTER FOR HOMELESS FAMILIES.
83 July 27, 1909,
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.6. EXECUTE AMENDMENT TO AGREEMENT WITH W.R.T., INC. - for Stages I and II
professional/technical services related to Southeast Overtown/Park West
9th and 7th Street Malls.
RESOLUTION NO. 89-706
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH W.R.T., INC.,
A CORPORATION, IN AN AMOUNT NOT TO EXCEED $159,560
FOR STAGES I AND II PROFESSIONAL AND TECHNICAL
SERVICES RELATED TO THE SOUTHEAST OVERTOWN/PARK WEST
9TH AND 7TH STREET MALLS; FURTHER AUTHORIZING
COMPENSATION FOR SERVICES FROM MONIES ALLOCATED IN
THE FISCAL 1988-89 CAPITAL IMPROVEMENTS PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10. APPROVE CITY'S GRANT REQUEST TO ROBERT WOOD JOHNSON FOUNDATION - for 2-
year planning development project ($3.2 million) to reduce alcohol/drug
abuse.
------------------------------------------------------------------------------
Mayor Suarez: Clarification on item one, Commissioner Dawkins.
Mr. Dawkins: Mr. Manager, who is going to do this, what agency, what
department will this be assigned to?
Mr. Odio: This is only a resolution of support of the Miami Coalition against
drugs and alcohol abuse, Commissioner, and they will manage this...
Mr. Dawkins: They, who?
Mr. Odio: The Coalition.
Mr. Dawkins: Yes, but this is a grant. The City of Miami is requesting the
money, OK?
Mr. Odio: We are endorsing the City grant request.
Mr. Dawkins: That's not what...
Mr. Odio: Yes. It's the Robert Wood Johnson Foundation and what they tried
to do is to obtain a two year planning and development project for that. It
will be controlled by the Planning Department.
Mr. Dawkins: OK, that's all, that's what I am asking you. OK, thank you.
Mr. Plummer: They are requesting of who?
Mr. Dawkins: Of the Johnson Foundation.
Mr. Odio: The Johnson Foundation.
Mr. Dawkins: All right, I move one.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. By the way, we've gotten letters of support from
most of the major agencies in Dade County on that. Moved and seconded. Any
discussion? If not, call the roll.
84 July 27, 1989
P
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-707
A RESOLUTION ENDORSING AND APPROVING THE CITY OF
MIAMIIS GRANT REQUEST TO THE ROBERT WOOD JOHNSON
FOUNDATION TO OBTAIN A TWO (2) YEAR PLANNING AND
DEVELOPMENT PROJECT IN THE AMOUNT OF $3.2 MILLION TO
REDUCE THE ALCOHOL AND DRUG ABUSE IN THIS COMMUNITY
WITH THE ENDORSEMENT AND SUPPORT OF THE MIAMI
COALITION; REQUESTING A SIMILAR RESOLUTION OF SUPPORT
FROM THE DADE COUNTY COMMISSION AND AUTHORIZING THE
CITY MANAGER TO PREPARE AND PRESENT SAID GRANT REQUEST
TO THE ROBERT WOOD JOHNSON FOUNDATION.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------------------------------------------------- ----------- ---------------
11. APPROVE, IN PRINCIPLE, CONCEPT OF INLAYING PLAQUES ON SIDEWALKS OF S.W.
8TH STREET.
-------------------------------------------------------------------------------
Mayor Suarez: CA-2, Commissioner Plummer. What is...
Mr. Plummer: Mr. Mayor, I have a problem with this, because they are
requesting... I have no problem with the concept or the project. The problem
I have with it is that they want an exclusive right to be the ones who name
and I'm not going to give that up as a City Commissioner, my right to name
someone to that if I want.
Mr. Odio: May I suggest that before they put a... star down, that they come
and get the names approved here?
Mr. Plummer: Well, but, no, no... the way the contract is written, they have
the exclusive right. In other words, this Commission would be prohibited from
saying, somebody, somebody, somebody.
Mr. Odio: Well, that's what I'm saying, change it, so that you would have the
final word.
Mr. Plummer: OK, all I want to take out of it, is that one, they have to come
before this Commission for approval, and number two, they do not have an
exclusivity. Now, are we certain... have you done the research that this is a
nonprofit situation?
Mr. Odio: No, air, I didn't. They came directly to the City Commission
November 7th of 1988.
Mr. Plummer: Well, I don't think this Commission...
Mr. Odio: They came here on November 17th of '88 and they had approval of
this.
85 July 27, 1909
EML
Mr. Plummer: Weil, I think for myself, Mr. Mayor, I would want to make sure
that this a nonprofit situation.
Mayor Suarez: Yes, who exactly are they?
Mr. Odio: The Latin Stars, I don't know them, to be frank with you. I know
that they wanted to create this hall of...
Mayor Suarez: Do you have a handle on the organization, I guess that's what
you are directing your questions at.
Mr. Plummer: Yes.
Mayor Suarers Yes, how do you want to deal with it, Mr. Plummer, do you want
to...?
Mr. Odio: In fact, I'd leave it for the next...
Mr. Plummer: Mr. Mayor, what I have asked is, is that they not be given an
exclusive right, that they have to bring any of those before this Commission
for approval and the third, that they have to be a nonprofit organization.
Mr. Odio: The way I read here, what was passed on November 17th was a
resolution in principle and I guess we'll bring it back, we'll bring an
agreement back to you for your approval.
Mr. Rodriguez: If you read on section...
Mr. Odio: We'll bring it back to you.
Mayor Suarez: With the determination of course, as to the nonprofit status,
whether the group is adequately comprised in accordance with all of our
standards and so on. OK, so this is just a...
Mr. Plummer: So I'll move that it be deferred until we have that information
back.
Mr. Odio: Yes, if... no, you need to approve this and then well bring the
agreement back for your approval.
Mr. Rodriguez: Commissioner...
Mayor Suarez: Subject to final approval after you've had...
Mr. Plummer: You mean, approving in principle?
Mr. Rodriguez: Section 3 of the resolution that you have says the
Administration is instructed to work with Latin Stars, prepare a proposed plan
for the project in its entirety and return to the City Commission with a
recommendation for approval of said plan. I believe that we can incorporate
what you said in that plan and that will be it.
Mr. Plummer: Wait a minute. For example, if that thing comes back and you
tell me it's a for profit, I don't want to approve it.
Mr. Rodriguez: Great, at that point,
you say no.
Mr. Plummer:
OK, so you want then
to approve it
today subject to final
ratification
of the contract with the
City. That's
fine. I'll move that in
principle it
be approved.
- Mayor Suarez:
So moved.
Mr. Dawkins:
Second.
Mayor Suarers
Seconded. Any further
discussion? If
not, call -the roll,
86
July 27, M9
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-708
A RESOLUTION APPROVING, IN PRINCIPLE, THE CONCEPT OF
INLAYING PLAQUES ON THE SIDEWALKS OF SOUTHWEST STH
STREET BETWEEN SOUTHWEST 12TH AVENUE AND SOUTHWEST
17TH AVENUE SUBJECT TO APPROVAL OF THE ADMINISTRATION;
FURTHER INSTRUCTING THE ADMINISTRATION TO WORK WITH
LATIN STARS, INCORPORATED, PREPARE A PROPOSED PLAN FOR
THE PROJECT IN ITS ENTIRETY AND RETURN TO THE CITY
COMMISSION WITH A RECOMMENDATION FOR APPROVAL OF SAID
PLAN.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
12 (A)DISCUSS AND WITHDRAW PROPOSED RESOLUTION APPROVING MOST QUALIFIED FIRMS
TO PROVIDE PROFESSIONAL PLANNING/DESIGN SERVICES - for
renovation/expansion of Police Headquarters Facility.
(B)COMMISSIONER MILLER DAWKINS URGES ADMINISTRATION TO REPLACE AIR
CONDITIONING SYSTEM AT POLICE DEPARTMENT (See label 13).
(C)CITY COMMISSION QUESTIONS MANAGER AS TO THE STEPS BEING TAKEN TO ADDRESS
DRUG DISTRIBUTION CENTERS IN MIAMI (See label 34)
_ (D)COMMISSION REQUESTS CITY ATTORNEY TO OBTAIN COPY OF
LOITERING/PROSTITUTION ORDINANCE PRESENTLY IN FORCE IN SEATTLE.
Mayor Suarez: Item CA-9 then. The last one of the consent agenda.
Mr. Plummer: Mr. Mayor, I'm asking of the Manager - my basic question is,
what are they planning to do to that building now? We've just built two brand
new substations, it's surely not for expansion. And why we have to have
planning and design services when we've got all of the in-house?
Mr. Odio: May I explain?
Mr. Plummer: Yes, that's why I'm asking. That's why I pulled it to explain.
Mr. Odio: We need to do this because we have been trying to rent a space for
the Computers Department, whatever is remaining of it and wait, excuse me....
Mr. Plummer: I haven't said anything yet.
Mr. Odio: I know you will though.
Mr. Plummer: You bet your bippy, I will.
Mr. Odio: OK, Commissioner, what we need is a professional to come into that
building which I feel is not properly designed inside and try to lay it out so
we can fit in 10,000 square feet of computer offices that we're now paying
rent into that building and create other areas that we need in there.
Mr. Plummer: Mr. Manager, for your edification, sir, that's one of the
problems of being around so long, the Computer Department was originally in
that building on the fourth floor.
87 July 270 1909
Mr. Odio: That's right.
Mr. Plummer: When we moved them out, we just bought new computers which take
up 25 percent less space than when they moved out.
Mr. Odio: Can I hire you to - let me ask you something.
Mr. Plummer: Now, you had in that proposal to this City Commission, when we
bought the new computers, $140,000 for the move. Are you telling me now that
you're backtracking on that number?
Mr. Odio: No, we're not. What we're saying is, that we had left out the
original move was with the software and the hardware.
Mr. Plummer: No, sir, in my negotiations with Motorol... with Burroughs, they
were going to design it and they were going to lay it out.
Mr. Odio: They did.
Mr. Plummer: Where's Carlos?
Mr. Odio: They did.
Mr. Plummer: So why do you need a designer?
Mr. Odio: Because they never included the rest of the office people and now I
want to put them in there because I don't want to pay any more rent.
Mr. Plummer: Jeeezzz...
Mr. Odio: The rent is more expensive, Commissioner, than what we're going to
spend here. We're going to save the rent for that rest of the office space.
Mayor Suarez: For those of us...
Mr. Plummer: No wonder this City is going broke.
Mr. Odio: No, we're not going broke.
Mayor Suarez: For those of us that are untrained laymen and laywomen here,
what, exactly, in answering Commissioner Plummer's question, is it that we're
doing over there at the station? Are we outfitting it for what?
Mr. Odio: We want this planner to come in there and lay out the inside of the
building, all floors, to check all floors out for more efficient space design
which is not efficient and to find 10,000 square feet for the Computers
Department office; that we're now paying rent.
Mayor Suarez: How many square feet does the building have?
Mr. Odio: I don't remember.
Mr. Plummer: I did know, it's over... it's over 100,000 as I
recall.
Mr. Odio: The problem is, when that
building was designed,
we had 600
police
officers and I don't...
Mr. Plummer: Yes, and those 600 were
out on the street.
Mr. Odio: I know...
Mr. Plummer: Now you got 600 of them
in the police station.
Mr. Odio: All right, now the department has doubled in size. It's
true we
build substations but we do need to
bring a professional in
there to
lay out.
that building the way it should be.
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Commissioner Dawkins.
M
88
July
21, t9$9:
c
Mr. Plummer: It's incrediblel
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: I've been complaining for almost four months about the air
conditioning in that building and about the place being inhuman to Mork in.
is this design going to address that and make sure that... is this one of the
things you're doing to correct that?
Mr. Odio: Yes, air.
Officer Chip Landraus Yes, Commissioner, also...
Mr. Odio: We want to review the whole building and including the security
system.
Mr. Dawkins: I'm interested in air conditioning.
Officer Landraus Yes, inclusive...
Mr. Plummer: How much do you propose this will cost?
Officer Landrau: It's $700,000.
Mr. Plummer: Seven hundred thousand dollars!
Mr. Dawkins: To design?
Officer Landrau: No, no...
Mr. Plummer: You know, if you got the money, spend it, because if you don't
spend it, you'll get that much deducted next year from your budget)
Mayor Suarez: Seven hundred thousand dollars.
Officer Landrau: That's not just for design, Mr. Mayor, Mr. Plummer,
that's...
Mr. Odio: It's not...
Mr. Plummer: Seven hundred thousand dollars. If it was your money, you
wouldn't spend itl
Mr. Odio: It is not design. It's design and construction.
Officer Landrau: .....for actual construction.
Mr. Plummer: I said seven hundred thousand of any kind!
Mr. Odio: Fine, we'll keep paying $200,000 a year for rent.
Mr. Plummer: No, you don't have to do that. Utilize some of these buildings _
around here that you've got.
Mr. Dawkins: Where did you get your figure from, seven... that much money,
Commissioner Plummer?
Mr. Plummer: Seven hundred... I'm sorry?
Mr. Dawkins: Where did the figures come from to arrive at that amount of
money?
Mr. Plummers I don't know. From the Manager. Seven hundred thousand - or,
excuse me, you heard it when I heard it.
Officer Landrau: Seven hundred and seventy thousand from capital improvement
programs.
Mr. Dawkins: How much?
Officer Landrau: Seven hundred and seventy thousand, Commissioner.
89 July 27,';l#$9
Mr. Dawkins: To design or to design and implement?
Officer Landrau: Design and implement.
Mr. De Yurre: How do you know it's going to cost $770,000 when you haven't
designed it yet?
Mr. Plummer: Because that's how much money they got and they'll spend every
dime of it and then run 20 percent over.
Mr. Odio: Well, we have to go out to bids on the implementation part of it
but we have allocated $770,000. It could be less than that.
Mr. Plummer: Boy, you just lost my vote for budget. I want to tell you
something. You got more damn money than you know what to do with.
Mr. Dawkins: Well, let's get the police station in order before the budget.
Officer Landrau: Commissioner Plummer, also in respect to the DOC move.
Mr. De Yurre: Hold it, hold it, hold it...
Officer Landrau: OK.
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: I got to deal with some sense of common sense.
Mr. Plummer: If you figure it out, would you let me know, please?
Mr. De Yurre: Are you telling us then that you're going to try and fix a
problem and it's going to be fixed with the money that you got? If it was
$500,000, you were going to fix it with $500,000; if it was a million, you're
going to use a million to fix it. What if you can't fix it for less than the
seven seventy?
Mayor Suarez: ... it's part of Murphy's Law.
Mr. Plummer: Yes.
Mr. De Yurre: You know, what if you can't do it for the seven -seventy?
Mr. Plummer: Victor, you've heard of Murphy's Law?
Mayor Suarez: Murphy's Law says...
Mr. Plummer: Well, now they got a new one, it's called Ginsburg.
Officer Landrau: Vice Mayor De Yurre...
Mr. Plummer: And Ginsburg thinks that Murphy's an optimist.
Mr. De Yurre: Go ahead, you're on.
Officer Landrau: Sir, basically besides what the City Manager stated on the
Department of Computers, we're looking also on post occupancy design, also
increasing security within the building; especially at the lobby. We're also
looking for to increase the property unit. That unit has limited space, we
want to...
Mr. De Yurre: How much are we...
Officer Landrau: ...have new designs to increase the property space and also
install an additional vault for evidence.
Mr. Plummer: What happens - excuse me...
Mr. De Yurre: How much are you allocating to the design aspect of it?
Officer Landrau: Five percent.
90 July 270 1909
c
Mr. De Yurre: Five percent.
Mr. Plummer: I got you a building...
Mr. De Yurre: Thirty-five thousand dollars; thirty-seven five.
Mr. Plummer: I got you a building, Mr. Manager, I sent you the specs that
Metropolitan Dade County has just evacuated for under $50,000 a year, which is
three times anything you could design in your building, with a vault, with a
security system, with a total concept for $50,000 a year and I guarantee, you
could negotiate it below that. Now, why aren't you doing that? I'll tell you
why. You've got plenty of money.
Mr. Dawkins: No, but why should we go and take what the County has moved out
of to move in that white elephant they got out there by the stockade.
Mr. Odio: That's right.
Mr. Dawkins: And now you want me to go and help them erase it? No way.
Mr. Odio: The reason the...
Mr. Dawkins: I mean, let them have their problems and let's handle ours.
Mr. Plummer: Let me answer your question.
Mr. Dawkins: OK.
Mr. Plummer: The reason they moved was twofold. One, the County has grown
and they need twice the space. They leased this building...
Mr. Dawkins: OK.
Mr. Plummer: They were willing to leave almost half a million dollars worth
of security equipment in the building with the stipulation if the City of
Miami, only the City of Miami, took it over.
Mr. Dawkins: OK.
Mr. Plummer: Number two, the second reason is, it is located at 28th Street
and 7th Avenue which is not convenient to their substation which handles it.
You could get that building a magnificent buy for this City and I sent the
letter to the Manager and I haven't heard a damn word back.
Mr. Dawkins: OK.
Mr. Plummer: Not a word.
Mr. Dawkins: OK.
Mr. Plummer: Now, tell me again, you're going to buy more security for the
police station.
Mr. Dawkins: OK.
Mr. Plummer: A place that is overrunning with policemen and you need more
security.
Mr. Dawkins: Yes... first is...
Mr. Odio: You know, Commissioner, the pro... -
Mr. Dawkins: Hold it, hold it, hold itl Let me say something. OK? No, you
have to wait.
Mr. Plummer: Fine, I'll wait.
Mr. Dawkins: You see, the first thing is, as you said, when you walk in that
building your officers are at risk. Now, I don't know what they're talking
about security. They may be talking about better security, as people walk in
off the streets, I don't know. I'm not interested in that. But we do have
Commissioner Carey here and if this Commission was so inclined, we could ask
91
her if we could get that equipment out of that building and put it in what
you're trying to renovate. I don't know.
Mr. Plummer: Excuse me, Commissioner, that building is privately owned. OK?
That's the reason why.
Mr. Dawkins: Well, I'm not leasing it. I'm not voting to lease it.
Mr. Plummer: But, you see, the problem is, what they're talking about is what
I fought them when this building opened up when they put in damn near a
$50,000 gate system that has never worked. It has never worked) We are now
paying two policemen full time, 24 hours a day, seven days a week, as a guard
house.
Mr. Dawkins: No, we got PSA aides now.
Mr. Odio: Why are we doing that?
Mr. Plummer: I don't know why you're doing it.
Mr. Odio: Because we don't have a security system in the building.
Mr. Plummer: Why do you need a security system into the parking lot of the
police station?
Mr. Odio: Because they came in with a truck and stole the marijuana from the
garage, that's why.
Mr. Plummer: That's our fault because the truck that they stole it out of was
not in the building. You went over here and you bought a damn...
Mr. Odio: Commissioner, Commissioner, we were criticized four years ago....
Mr. Plummer: Hey, you want to spend seven hundred....
Mr. Odio: No, I don't, as a matter of fact I don't, but four years ago we
were criticized...
Mr. Dawkins: You better want to, you just got him up here saying you want to
spend... now you say you don't?
Mr. Plummer: I can't believe it. We built a substation for 5 million
dollars.
Mr. Odio: No, no, I said I'd rather not but we have to. We have to spend it.
Mr. Dawkins: OK, all right, thank you, don't - come on.
Mr. Odio: Because we don't have the proper... this is a police department
that is totally antiquated.
Mr. Plummer: You know, in Liberty City substation they. don't even have
furniture! They don't even have furniture! And...
Mr. Odio: Why?
Mr. Dawkins: But the reason they don't have furniture is that we demanded
that they bring the station in on budget.
Mr. Plummer: Hey, what ever it is that's what's going to happen again. It's
traditional. Now they haven't even got furniture, they haven't got the Little
Havana station open even though if you go by it is a monument to a mausoleum.
OK, that is not a functional building in anybody's stretch of the imagination.
Mr. Dawkins: We accepted the design.
Mr. Plummer: And they're now going to spend $770,000 downtown? Come onl
Mr. Odio: We're not. We are not. What we suggest we do, we'll bring it back
to you when we go out for bids and with details of what we plan to do in the
police department building. -
92 July 27, 1.909
0' 0
Mr. Plummer: Mrs. Range, let me tell you something. Nothing in 25 years has
changed in this City. August and September agendas are nothing but, if you've
got money, you spend it in a hurry because it you don't, next year, you'll be
deducted by that amount.
Mayor Suarez: Talking about which, where is the money coming from for this,
Mr. Manager?
Officer Landrau: Capital Improvement Account.
Mayor Suarez: What Capital Improvement Account?
Officer Landrau: We have... from bonds, from capital improvement.
Mayor Suarez: Which bonds? Talking about general obligation bonds?
Mr. Odio: Police bonds.
Officer Landrau: 1970 and 184 bonds.
Mr. Odio: Nineteen seventy.
Mayor Suarez: OK, what I've heard so far today and I gather the item only
addresses the expenditure for the planning and choosing of the consultants
that will do this.
Mr. Odio: What we're doing is that and then when we have budgeted $770,000...
Mayor Suarez: Let me tell you...
Mr. Odio: OK.
Mayor Suarez: Let me finish, please. What I've heard so far today is of one
need in that station which is the one that referred to by Commissioner Dawkins
as having to do with the air conditioning problem. I don't know of any other
thing that you would need to spend anywhere near to $770,000 for and I'll tell
you right now, for my vote, that there's no way I'm going to vote for any
major improvement to that station. I'm disposed to vote against even this
particular consultant because I think this should be able to be done in house,
frankly. The space needs and the configuration of the interior of that
department, including what it might require by way of security should be done
by people using common sense which obviously was not used before. And, by the
way, I favor having police officers at the entrance. It's a heck of a lot
better than having a system that didn't work before. But, $770,000 for
configuration of that station is just totally out of line and I am not going
to support that now. At this late stage, a $35,000 expenditure for somebody
to analyze all of this and evaluate it and come back to us, I wish we could do
it in house, but - and I believe we could do it in house because if it's an
air conditioning problem, that could be solved by air conditioning experts,
very possibly by a lawsuit against whoever designed it in the first place.
But $770,000 is totally out of line from what I have been able to perceive.
We have talked out of both sides of our mouth. We have said we have less need
of space there because we have less officers now because we have two
substations and I've heard the Manager now say we have more need of space
there because the police force has increased from 600 to what he referred to
1200, which isn't correct either, because it's a little bit over a thousand,
haven't reached 1100 yet. So, I'm just warning you, for my vote, you may have
lost two other votes out here, maybe three, maybe all five of the votes, but
this item is on as a planning study and I guess, Mr. Manager, if you recommend
it. But I am not disposed, at this point, to vote for almost a million
dollars to be spent in that station.
Mr. Odio: I just said this, the problem is that we had in the past in that
building was precisely because nobody knew what they were doing. The security
system they had with the car keys, they spent a million dollars in there and
never worked properly and now we're talking about improvisation again.
Mayor Suarez: There's an interesting implication from Commissioner 'Plummer's
statement that maybe you don't need security for a police parking lot if what
you're...
Mr. Odio: Well, that's his opinion but the reason we had break-ins there is
that we do need it.
Mayor Suarez: You're going to have to answer all of that to convince us to
vote for almost a million dollars.
Mr. Plummer: Excuse me, let's put it on the record what is reality. The
mistakes that were brought out here were human error, human error, not
construction problems, it was human error. Let's call it what it was and I
don't care how much you spend, it won't correct human error. People are going
to make mistakes and they did and we paid for it.
Mayor Suarez: The item then is only for the analysis, the study, whatever you
call it?
Mr. Plummer: Is that not to exceed $35,000?
Mayor Suarez: That was the calculation that the Vice Mayor made.
Mr. Plummer: Well, I'm using their numbers.
Mayor Suarez: Yes, five percent of seven -seventy is a little bit over thirty-
five. It's almost forty. You can make it forty if you want.
Mr. Plummer: I won't make it thirty.
Mr. Dawkins: OK, well, let me ask a question. If we're not going to spend
the $700,000...
Mr. Odio: Why waste the forty?
Mr. Dawkins: Why spend $30,000 on somebody to come back to tell us we need to
spend seven hundred that we're not going to spend?
Mr. Plummer: Amen.
Mr. Odio: I'd like to withdraw this item.
Mr. Dawkins: Let's get together.
Mr. Odio: I'd like to withdraw it.
Mayor Suarez: OK, items withdrawn by the administration.
Mr. Dawkins: OK, now that you've withdrawn the item, what are you going to do
about the air conditioning?
Mr. Plummer: He had explicit instructions from this Commission...
Mr. Dawkins: To fix it.
Mr. Plummer: ...with a guarantee to fix it in 30 days.
Mr. Odio: The air conditioning was and is working properly now.
Mr. Dawkins: See, working properly and has been fixed to operate properly, is
two different things.
Mr. Odio: Yes, he has.
Mr. Dawkins: Now, tell me where we are, somebody over there, Mr. Manager.
Mr. Odio: Well, Ron, you ....
Mr. Ron Williams: Commissioner, as you well know, we did have problems, we've
gone in and addressed the immediate need of making it comfortable for the
employees to work in there. There are some ongoing issues that we're
continuing to address but as of this point, with the improvements that we've
made, plus the bringing in of portable air conditioners, the working.
conditions are back to... "
Mr. Plummer: Is the temperature down to 72?
July 27, 1989.
94
s +"
Mr. Williams: We don't have it at 72, Commissioner, but it's comfortable; it's
mid seventies.
Mr. Dawkins: You see, what's comfortable to you may not be comfortable to
somebody else, Mr. Williams. OK, I'll tell you...
Mr. Williams: Well, to my understanding, Commissioner, to those people that
work there, it's comfortable.
Mr. Dawkins: ...but in the event that when we meet in September that the
_ police station has not been made available for people to work in comfortable,
I'm going to move that we hold up everybody's - GSA, the Manager - everybody's
budget until you get it done.
Mr. Williams: Commissioner...
_ Mr. Dawkins: Because it doesn't make sense for us to sit up here and tell you
people three months ago to do something and you don't get it done, Mr.
Williams. You come back and tell me, it's comfortable. Hell, it may not be
comfortable for me if I worked over there.
Mr. Williams: Commissioner, the air conditioner in the police station per
your request and the expression of this Commission has been repaired.
Mr. Dawkins: OK, but see, but now... you've repaired an air conditioner that
has constantly broken down. So what the hell you repair it again, to break
down again. I want to know what you're going to do to replace it so that it
will not break down and we have a system that adequately meet our needs, Mr.
Williams.
Mr. Williams: We've not identified a need, Commissioner Dawkins, to re...
Mr. Dawkins: Beg pardon?
Mr. Williams: We have not identified a need to replace that unit in there.
That unit works properly.
Mr. Dawkins: OK, then how do you know that what you have done to make it
adequate, is adequate?
Mr. Williams: Based on the temperature in the room.
Mr. Dawkins: So, how many portable fans you got over there now?
Mr. Plummer: A hundred and five.
Mr. Williams: Ten.
Mr. Dawkins: That's all the portable fans you got, if I walked in there right
now.
Mr. Williams: I'm sorry, those are portable air conditioners.
Mr. Dawkins: You got ten portable air conditioners.
Mr. Williams: Yes.
Mr. Dawkins: All right, and you got how many fans?
Mr. Williams: I can't count the fans. I don't know if people have a personal
or individual fans.
Mr. Dawkins: All the fans do is circulate hot air.
Mr. Williams: I don't know why the fans are there, Commissioner. My point to
you is, the air conditioning at the facility right now, based on the efforts
that we took since you expressed a concern, has addressed the need. There are
ongoing maintenance problems on a system of that nature that have to continue
and we're continuing to make those improvements.
Mr. Dawkins: How many years has this system been breaking down, Mr. Williams?
95 July 27, 1989
0
Mr. Plummer: $ver since it was installed.
Mr. Williamst Commissioner, are we talking about a piece of machinery that
operates 24 hours a day.
Mr. Dawkinst See, you're like my wife. You answer what you want to. oK?
All I need to know from you, sir, is how long has it been breaking down? OK,
I'll rephrase that. How long have you been over there, in charge?
Mr. Williams: Four years.
Mr. Dawkins: All right, has it been breaking down each year that you've been
over there?
Mr. Williams: There has been problems, yes, sir.
Mr. Dawkins: OK, so now and in four years we have not made any arrangements,
air, to replace it.
Mr. Williams: That's
Mr. Dawkins: See, you just tell me but all we're doing, we keep looking at it
and we keep looking at it and we keep adjusting and make it comfortable for
people to work. Do you think you could come back in September and tell me
what we have to do, sir?
Mr. Williams: Yes, air.
Mr. Dawkins: Thank you. Thanks, Mr. Mayor.
Mr. Plummer: If he doesn't, then you just move his office there till it's
fixed and I guarantee you it'll be done in a hurry.
Mr. Dawkins: I agree.
Mayor Suarez: Dick Kinne who is in the back and the union, I strongly advise
you that between now and the time that we take any definite action, we'd like
to hear from the union, at least I would.
Mr. Dawkins: Let's hear from him now.
Mayor Suarez: If you have some ideas now...
Mr. Plummer: You'd better quit while you're ahead, Kinne.
Mr. Richard Kinne: No, I just wanted inform you, we've been working on it
with the administration, that there are other problems besides the air
conditioning; rugs and stuff like that. The working conditions in that
building are deplorable but the department of police administration has been
working with us to try and get that corrected. I'm not that positive in my
outlook as Ron Williams is in regards to the air conditioning.
Mayor Suarez: Think of the expenditure of $770,000 for capital improvements
to police facilities in the City of Miami in accordance with the bond that was
approved by the voters and tell us, the next time around, by the time we get
ready to act on this, whether you agree that this is the ideal way to expend
the monies.
Mr. Kinne: Yes, sir.
Mayor Suarez: There may be other much better ways to spend it..
Mr. Plummer: Mr. Mayor, can I ask a question?
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Mr. Manager, before the end of the day, I heard on TV last
night, at the corner of Oak and Douglas, there have been three people killed
in six weeks and five people killed with either - since the first of January
or within the last year. My 22 visits by that intersection everyday tells me
that every time a police car goes by, those people laugh at them. I'd like to
96 July 27, 1909
know if those statistics are true, that on the corner... let's use Douglas
Road so 1 don't pinpoint it to the corner because they can get technical on
you. That on Douglas Road between Grand and Dixie, that there have been three
people killed and five since the first of the year. I'd like to know if
that's true. And if it is, regardless of whether it is or not, we know that
three are dead, what is the police department doing to address what is
obviously the cocaine distribution center of the south? I'd like to know that
before the end of this meeting is over.
Mr. Dawkins: While you're at it, he may as well deal with the drug flea
market on 61st and 60th Street between 15th and 12th Avenue because we have
the same problem. But I know what my problem is, it's apathy of the
community. When the police go in there and attempt to remove that element,
the first thing you get is, police brutality. Now, they can beat up on the
police all they want and nobody says one word about citizens brutality against
the police...
Mr. Plummer: And I'm tired of them...
Mr. Dawkins: But the minute that the police arrest one of these individuals,
his lawyer and him call a TV media and they show where they... they did it to
themselves trying to break loose from the police, all scarred up and they say,
"Police brutality." And until the citizens in my neighborhood now and that
includes that over there you're talking about in the Grove, decide that we are
going to do whatever has to be done to put them in jail, to hell be damned
with police brutality until we get this done, we aren't going to get anything
done, J.L.
Mr. Plummer: Let's worry about the civil rights of the innocent people. But
if you want to talk about, you know, just...
Mr. Dawkins: The policeman has a civil right too!
Mr. Plummer: That's right.
Mr. Dawkins: OK. So...
Mr. Plummer: And I am tired to watching these damn kids down here laugh and
smirk and thumb their nose at my policemen when they go by. Mr. City
Attorney, I have just...
Mr. Fernandez: Yes, sir.
Mr. Plummer: ...I have just returned from Seattle. In Seattle, even though
the nuisance law was struck down by the United States Supreme Court, they have
been successful and are now trying to pass a second ordinance. They have been
successful in a loitering, prostitution ordinance that's in effect and working
and they are now proposing the same as called loitering, drug dealing
ordinance. I would hope you would be able to get a copy of those ordinances,
that possibly we could use them here in this community.
Mr. Fernandez: I will.
Mayor Suarez: OK, do we have a vote on the item as...
Mr. Odio: It was withdrawn.
Mr. Plummer: It's withdrawn.
Mayor Suarez: It's withdrawn totally?
THEREUPON, THE HEREINABOVE ITEM WAS WITHDRAWN BY THE ADMINISTRATION.
97
-------------------------------------------------------------------------------
13. (Continued Discussion) BRIEF DISCUSSION WITH ADMINISTRATION CONCERNING
ON -GOING DIFFICULTIES WITH AIR CONDITIONING SYSTEM AT POLICE DEPARTMENT
(See label 12C).
------------------ -----------------------------------------------------------
Mr. Dawkins: But now, you withdrew it, but you're still going to bring me
back what it takes to get rid of the - get the air conditioner fixed in
September.
Mr. Odio: I told Mr. Williams that if it's in such a condition that repairing
wouldn't do it to see what it takes to put a new one in.
Mayor Suarez: OK, on the citizens independent review panel.
Mr. Plummer: Just for the record, I was handed your report this morning at
9:45 and for that reason, I don't know what's in it, I have not had the time
to read it, but I want you to know, this report was handed to all of us, I
think, at 9:45 this morning. I don't know when you surrendered it.
Mr. Dawkins: But, Mr. Manager, before we go any further, I need to get a
clearer idea what we're doing. Are we saying that we're going to fix the air
conditioning and whatever is left out of that $700,000, we're going to do
something else with it. Is that what you're saying?
Mr. Odio: No, sir.
=� Mr. Dawkins: What are you saying?
_ Mr. Odio: I withdrew the item. What I told Williams is to go back and give
me an analysis on what is wrong with the air condition system. And if we have
to buy a new one, we will have to come back and tell you that we want to buy
it.
Mr. Dawkins: All right, and that $700,000 will be a part of the purchase
price or will be all of the - or the money to purchase will come from that or
what?
Mr. Odio: You didn't do anything with the $700,000. You didn't do anything
with that. I withdrew the item. So, I have to come back to you and tell
you...
Mr. Dawkins: OK, I'm going to ask the Mayor to explain it to you in Spanish.
OK?
Mr. Odio: Yes. I don't think I could understand it in Spanish either.
Mr. Dawkins: Tell. him that all - OK, OK, all I'm saying to you is that I need
to know that if the money that you have, sir, if you can get the air
conditioning fixed with that amount, will we fix it with that amount. If not,
will you take that amount to -we'll fix the air conditioner and have it fixed,
that's all I ask.
Mr. Odio: Yes, but I have to come back to you for you to approve whatever
amount it is.
Mr. Dawkins: OK, that's all, um hum...
Mr. Odio: That's what I was trying...
Mayor Suarez: Why don't you take a little money from that $770,000 and apply
it to the fixing of the clocks up there. I don't think he's doing too well so
far. To the clocks.
Mr. Plummer: Well, that clock is in the same shape as the air conditioner
here.
98 July 27# 4909
14. BRIEF COMMENTS CONCERNING ADMINISTRATION'S RESPONSE TO REPORT BY THE
CITIZENS' INDEPENDENT REVIEW PANEL.
------------------------------------------------------------------------------
Mayor Suarez: OK, do we hear from the Manager first or from the committee?
Mr. Odio: No let him...
Mayor Suarez: I think it makes sense to hear from you, Mr. Manager.
Mr. Odio: They have talked to Father Barry and he received this report and -
do you want to go ahead and address....?
Mr. Leroy Collier: Go ahead, it's no... I'm Leroy Collier, 425 N.W. 6th
Street. I'm Father Barry's designated speaker for today. We did get the
report, Commissioner Plummer, same time you did this morning. First reading
of it we accepted. The tone is positive and Father Barry's says this is
movement in the right direction so we have no problem upon first reading.
Mr. Plummer: Well, I'm sorry that I can't agree or disagree with you because
I haven't had the opportunity to read it.
Mr. Collier: Like I say, no problem, first reading. The tone is positive.
Mayor Suarez: Yes and I don't think it was necessarily clear that it had to
be a written report. I think he's doing that to make it easier. Could have
very well been a verbal report. So, if any Commissioner has any questions on
the recommendations and the Manager's response thereto, if not, you can ask
later on in the meeting or at the next Commission meeting.
Mr. Collier: Sure, it's no problem.
Mayor Suarez: We thank you for serving and, Annie Gooden, right? -also for
serving on the committee and taking of your time. I know you're not
compensated so...
Mr. Collier: Correct.
15. GRANT $300,000 OPERATING CAPITAL LOAN TO CAREY TECHNICAL INSTITUTE -
Funds to come from CDBG and processed through Miami Capital Development,
Inc.
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: ...a pocket item, please. On June the 20th, 1985, we had a
similar situation in Miami that we have now in that we have a trade school
that's in sort of financial problem. Well, June the 20th, 1985, Garces
Commercial College was in the same fix and we loaned Garces $300,000. So the
precedent has been set and I'd like to move that the City of Miami loan Carey
Tech $300,000 under the same conditions that we loaned it to Garces Commercial
College and from the same fund.
Mr. Plummer: Commissioner Dawkins, I will second the motion for discussion
and under discussion, I would hope that we could play it a little easy on the
administration by making those in quarterly payments. That would be four
payments or three payments - it's three payments a year. Three payments a
year would not be quarterly...
Mayor Suarez: No, that would be trimester.
Mr. Plummer: Trimester.
99 July 27; 1989
Mr. Dawkins: Well, they would... I mean, I imagine it would be great if it
wasn't...
Mayor Suarers That would be quadramester. Whatever.
Mr. Dawkins: It would be great if it wasn't such a need. If they didn't need
them, they wouldn't be here and if... so, I mean, I agree with you, but right
now, I think the urgent need is little more urgent than spreading it out like
It is.
Mr. De Yurre: Is somebody a spokesperson here from the college?
Mayor Suarez: Commissioner Barbara Carey is this...
Ms. Ranges You can call her if you wish.
Mayor Suarers ...by any chance, the item that brings you to our midst today?
Why don't we put on the record the address of the technical college? Would
you? Mr. Manager, Frank, somebody, what is the address of the technical
college is located within City limits?
Mr. Dawkins: Eighth Avenue and 54th Street.
Mayor Suarez: OK, thank you. It's certainly within the City.
Mr. Plummer: Mr. Manager... oh...
i
Mr. Dawkins: Yeah, right in the heart.
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: ...where would you get the money from? Do you have the
$300,000?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: While we're waiting for that, Barbara, may I on behalf, I'm
sure, of my Commission, thank you for defending your City at the County
Commission level. I watched you on cable and I admired how you stood up for
this City and I think it's commendable and I just wish all of your colleagues
would be just as adamant as you were in protecting our City.
Ms. Barbara Carey: Well, thank you. I love this City and I certainly want to
see the best for it. That's right. Yes, hello.
Mr. Plummer: Mr. Manager?
Mr. Odio: What I recommend we do is we ask - I already talked to Miami
Capital they give them the loan immediately. If they don't have the money, we
would loan... we would grant the monies to Miami Capital and let them do it
through that process. That would be the quickest way.
Mayor Suarez: Where would we advance the monies from?
Mr. Odio: Community development.
Mayor Suarez: Which year?
Mr. Odio: monies at fifteen....?
Mayor Suarez: Which cycle?
Mr. Frank Castaneda: Commissioners, you know, I'm going to have to see what
can be reduced in order to accommodate this. One of the things that IIm
looking at is the possibility of the mini UDAG program to be reduced by X
amount to be able to fund this type of activity. The first question is, and I
was trying to call Miami...
Mayor Suarez: All the money has not been expended from the prior year, is
that what you're telling us?
100 July 27, 1909
i
Mr. Castaneda: Right. I would have to look at what projects the money can be
taken. The first question is, does Miami Capital have the funds available?
As you might recall, we allocated one million dollars to Miami Capital for
loans. If they do not have the funding available, then they'll look at what
monies can be scraped up to help meet whatever that difference might be.
Mr. Dawkins: Mr. Castaneda.
Mr. Castaneda: Yes, Commissioner.
Mr. Dawkins: One or two Commission meetings ago, a group came up and wanted
$160,000. Right away, $160,000 was found and it was found much to the Mayor's
jumping up and down. It came from a bond issue. Now, up comes another
instance where money is needed but that bond issue don't seem to be available
although this is as much an emergency as the other one. Why?
Mayor Suarez: Which item?
Mr. Odio: Commissioner, we will find the money. It's just a question that we
have to find out what funds we have. We will find the money.
Mr. Plummer: Bottom line. Regardless of which avenue you travel, will the
money be forthcoming within 30 days?
Mr. Odio: Yes.
Mr. Plummer: That's all.
Mr. Odio: And, but...
Mr. Plummer: That's enough.
Mr. De Yurre: I would like to find out what the need is so we can better
understand the concern.
Mayor Suarez: And the purported use of the money, Commissioner, which is
really related to the same question the Vice Mayor's asking.
Ms. Carey: It's really for the operation of the school, for salaries and for
payment of leases for equipment and just for the overall maintenance of the
school.
Mr. De Yurre: And you feel that with this loan you can rectify whatever the
need is to continue without having to borrow money?
Ms. Carey: Yes, I do, Commissioner. In fact, we have a number of
receivables. It's just that they have not flowed as they should have in the
past because of some management problems, but I've spoken to all the agencies,
the Department of Education, State Department and they're all willing to work
with me once we get through this crisis.
Mayor Suarez: Are some of those receivables from governmental agencies?
Ms. Carey: From where?
Mayor Suarez: Are some of those receivables from governmental agencies owed?
Ms. Carey: Yes, they are. Department of Education, I've spoken with them.
We spoke with Fame last week, that's monitoring agency and they have monies
and they're ready to give them to us but we won't get them for a couple of
weeks because we have to document our paperwork so we do have receivables
outstanding.
Mr. De Yurre: OK, and the last question that I have is, as far as that
$300,000, J. L. was proposing to give it in four payments, I think, is do you
need the $300,000 right away?
Ms. Carey: I really would like to have it at one time so that we could budget
carefully and take care of the needs. I mean, I'll be grateful for whatever
you do, but we needed at this moment because we do have a payment we're to
receive at the end of August. Hopefully, if we get the paperwork
straightened, the other payment comes in October and one comes in December,
101 July 27, 1989
_ but if we stretch it out we won't be able to meet the needs that we have to
— meet right now.
Mr. De Yurre: OK, because my concern is the fact that, you know, three
hundred, you know.., is it that you're behind $300,000 worth or, you know,
just what exactly is your immediate need as opposed to maybe you need funds
for some other purpose? I don't think that you actually have 4300,000 in
expenses that need to be met today.
Ms. Carey: No, we don't but over a period of time, for instance, the month
and a half we could have needs for that money.
Mr. De Yurre: So you figure then in a month and a half you will have to come
up with $300,000 to meet your operating expenses.
Ms. Carey: I would feel comfortable if I had that, some way I could budget
properly, yes.
Mr. Plummer: I'll withdraw my suggestion.
Mr. De Yurre: OK.
Mr. Plummer: May I inquire...
Mr. De Yurre: Thank you. Is that a student, the one sitting next to you -
there?
Ms. Carey: Pardon?
Mayor Suarez: You brought one of your students with you? Well attired. -
Ms. Carey: No, but he's an avid supporter...
Mr. Plummer: The only problem with that bald head, you can't put a dunce cap
on the top of it.
Ms. Carey: ...avid supporter of education and skill training for inner City
youth.
Mr. Plummer: Question? Barbara...
Ms. Carey: Yes.
Mr. Plummer: ...one of the terms which I commend you for, Carey Technical
Institute agrees to provide 25 full scholarships per year for Miami residents
for each year the loan is outstanding. How will that selection be made as to
who those students are?
Ms. Carey: We have not worked that out, but we'd be happy to take them from
you anyone you'd like to have come there, if they pass the ability to benefit
test, we will be happy to train them.
Mr. Plummer: OK, so in other words...
Ms. Carey: Or if an agency sends them...
Mr. Plummer: ...what we're looking at in the same way that we made an
agreement with University of Miami, that each Commissioner would equivalently
have that of five scholarships per year.
Ms. Carey: That will be great.
Mr. Plummer: OK. -
Ms. Carey: Yes, you may.
Mr. Plummer. The last one I don't approve of, in the event the college
relocates from the City of Miami, the hell you say.
Ms. Carey: We don't want to relocate, but we have said if we do, we would
relocate somewhere else in the City, but we don't plan to go anywhere.
102
July
27,
1969
Mr. Plummer: I move it. Seconded.
Mr. Dawkins: You seconded it already. How are you going to move it?
Mr. Plummer: I don't know.
Mr. Dawkins: No problem. Only thing I'd like to add is, we have to ensure
that this meet all federal guidelines and that Frank makes sure that we dot
all the is and what have you with the federal guidelines. OK. Call the
roll....
Mayor Suarez: So moved and seconded with a clear proviso that all the federal
guidelines have to be met as to CDBG funds or if they're Miami Capital funds,
it could be - whatever the other agency is, EDA, I guess or City of Miami
funds.
Me. Carey: I wouldn't want it any other way and I'm going to personally work
with Mr. Castaneda of your staff to see that it's done, Commissioners.
Mayor Suarez: And I would presume too that in connection with the analysis of
the loan that we would look to see if this term wouldn't have to be 15 years
as to some of the monies. If you get receivables back, we might be able to be
paid a little sooner so that we can revolve these funds and pay them and make
them available to other business entities and is it a non profit, I presume?
Ms. Carey: Yes, it is.
Mr. Plummer: Question, Mr. Manager, is the Garces loan current?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: It is current?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Have been very aggressive pursuing that and I'm sure they will
be very aggressive pursuing this one too. Commissioner Range.
Ms. Range: Just one question before we go to the vote. Mr. Castaneda, you
made mention of 30 days. Are you saying that there might not be money
available for 30 days or that you can bring the whole thing together in 30
days?
Mr. Plummer: She'll have a check within 30 days.
Ms. Range: We'll have a check within 30 days?
Mr. Plummer: That was my question.
Ms. Range: Commissioner Carey, how does that suit your needs?
Ms. Carey: I really need it immediately if they could expedite...
Ms. Range: Thirty days is a long time.
Ms. Carey: ...the process and help us, we certainly would appreciate it.
Thirty days the school might be closed. If you could really do it...
Mr. Plummer: Well, what I was actually doing was assuring that it would not
be more than 30 days. If it's less, God bless them. It's the paperwork.
Ms. Range: Yes, well I would hope that we'd work as rapidly as possible
because I've worked very close to the situation and I know the seriousness of
it.
Mr. Odio: What we'll do, we'll give her an advance so that should keep her in
business until we can...
Mayor Suarez: Follow all the guidelines. We have a motion and a second.
Ms. Range: Very good.
103 July 27, 4909
s
Mayor Suares: Any further discussion before you get into any more trouble?
Yea?
Ms. Carey: Thank you.
Mr. Castaneda: Can I clarify the - it's basically a motion or
a resolution
instructing Miami Capital to do a loan to Carey Tech. Basically,
I think the
Garces loan was 15 years with a call...
Mayor Suarez: The terms were indicated in the resolution, Frank.
Ms. Ranges It's indicated.
Mr. Castaneda: OK, we with... OK.
Mr. 'Fernandez: That should be a resolution, not a motion.
Mayor Suarez: It's a motion to approve this resolution that is
in front of
me.
Ms. Carey: Thank you very much.
Mayor Suarez: In front of all of us.
Mr. Dawkins: Read the resolution. Read the resolution.
Mayor Suarez: Are you going to want to have the resolution read
into the
record?
Mr. Fernandez: It's not necessary, but I could if you wanted, do
a resolution
authorizing the provision...
Mr. Dawkins: No, no...
Mayor Suarez: Call the roll on the motion which is a resolution.
The following resolution was introduced by Commissioner
Dawkins, who
moved its adoption:
RESOLUTION NO. 89-709
A RESOLUTION AUTHORIZING THE PROVISION OF AN OPERATING
CAPITAL LOAN IN THE PRINCIPAL AMOUNT OF $300,000 TO
CAREY TECHNICAL INSTITUTE IN ACCORDANCE WITH CERTAIN
TERMS AND CONDITIONS, AS DESCRIBED BELOW; FURTHER
AUTHORIZING THE USE OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR SUCH A LOAN, AND REQUIRING THAT SUCH
LOAN BE PROCESSED THROUGH MIAMI CAPITAL DEVELOPMENT,
INC.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
'NOES: None.
ABSENT: None. -
----------------------------------------------------------------------------
16. AUTHORIZE ISSUANCE OF RFP REGARDING CITY MANAGER'S PLAN TO CONSOLIDATE
IN ONE LOCATION VARIOUS CITY DEPARTMENTS AND OFFICES.
---------------------------------------------------------------------------
Mayor Suarez: Item eight. What are we doing with the lease extension,
AmeriFirst Bank, Mr. City Attorney?
Mr. Jorge Fernandez: Yes, Mr. Mayor, we in the Law Department are a little
bit concerned about the fact that we don't have a home. We don't feel...
Mr. Plummer: The homeless go to Camillus House.
Mr. Fernandez: That's right. Trying to find a quick and easy way to tell you
that we need to do something in regards to AmeriFirst.
Mr. Plummer: How much is it?
Mr. Fernandez: It's on the basis of...
Mr. Plummer: How much?
Mr. Fernandez: Two hundred thirteen thousand dollars a year.
Mr. Plummer: How much of that is parking or is parking additional?
Mr. Fernandez: Parking is additional.
Mr. Plummer: How much?
Mr. Fernandez: Parking is at the rate of - I have to get that information for
you, Commissioner. I don't have here in front of me. The first year will be
$213, the second year would be $256.
Mr. De Yurre: I would make a motion to obtain a one-year lease.
Mr. Fernandez: And that is, in essence, what we are doing. We already have a
lease that goes through next year but this is the period in which we have to
renew it.
Mr. De Yurre: OK, but you're running on a month to month basis right now.
Mr. Fernandez: No, no, no. Right now, we are - we have a lease right now.
Mr. De Yurre: And which expires?
Mr. Fernandez: Which expires in 1990, but...
Mr. De Yurre: When in 1990?
Mr. Fernandez: It expires in June of 1990.
Mr. De Yurre: Well, then I wouldn't vote for any extension or any new lease
at this point in time. You've got ten months to go, eleven months to go.
Mr. Fernandez: Under the lease that we're there now, we have an option to
renew after 1990, but we must exercise that option before the 31st of July.
Mr. De Yurre: Of this year.
Mr. Fernandez: Of this year.
Mr. De Yurre: If we're in the process of trying to consolidate, you know, I
can't see extending beyond June of 1990. If we're serious about
consolidating. If we're just, you know, talking about it...
Mr. Plummer: What is it?
Mr. De Yurre: ...and we're going to carry on like this like we have in the
past...
105 July 27, 1989
f
w
Mayor Suarez: That extension you're proposing would be for the entire next
term or for how long?
Mr. Fernandez: It will be until 1991. It would actually be asking for one
more year through September of 1991 because we already are there through June
of 1990.
Ms. Range: Ninety?
Mayor Suarez: Yes. The problem is that they have quite a few months left but
the deadline for exercising the option is...
Mr. Fernandez: Is in a few days. And I've been...
Mayor Suarez: Couldn't you negotiate another full year at and...
Mr. Fernandez: Sure, we can... what we have negotiated...
Mayor Suarez: From July 31 with an option to renew the last few months? I'm
sure they would agree to that, wouldn't they?
Mr. De Yurre: Let me tell you one thing, I don't think they're in...
Mr. Fernandez: For purposes...
Mayor Suarez: He's looking to make it another 12 months from July 31st.
That's what he's looking.
Mr. Fernandez: That we have already.
Mr. De Yurre: Well, but we have already ten months, eleven months to go
still.
Mr. Plummer: I was wrong, not five and six.
Mr. De Yurre: After the 4400 situation that everybody in the downtown area
came to see me and I'm sure the rest of this Commission, saying that they're
hard up for rentals and all that kind of thing, I don't think they're going to
be any position to want you out of there. Even a year from now. And I think,
you know, I think we have to again reassess our position. Are we in a process
to consolidate in the next year? Or where are we, so that we can make the
proper plans and deal with this issue.
Mayor Suarez: The only thing is, the... what kind of leasehold improvements
do we have there?
Mr. Fernandez: The leasehold improvements, just the bookcases, really, that
we have for our library for our books.
Mayor Suarez: Have you determined if you can take a lot of those with you?
Are they fixed?
Mr. Fernandez: They're all ours, all the cubicles, secretarial cubicles and
book shelves.
Mayor Suarez: And you've protected yourself in the lease by making sure
they're not fixtures and all of that, right?
Mr. Fernandez: Correct.
Mr. Plummer: Let me ask a question and I know this is going to be unpopular
as hell among others as well as yourself. Are we not being negative in our
thinking by providing parking for all employees of a given department? I
mean, here we are trying to help out and get Metrorail into going and being a _
useful thing and we're paying about $60.00 a month per car, per employee.
I'll guarantee you that if the truth was known that we're paying for employee
parking in the downtown area damn near half a million dollars a year. That's
why I've asked how much yours, in particular, is. The question I'm really
asking, Mr. Manager...
Mr. Odio: Yes, sir.
196
Mr. Plummer: Are we, you know, are we being negative in our thinking by
providing parking for all of our employees and especially, you know, very
expensive parking?
Mr. Manager: No, we are also providing, in some cases, we give them the
alternative that we would pay for Metrorail passes. We have done that and
they can choose.
Ms. Range: What is the difference between the Metrorail passes and the
parking? There must be an awful large difference there.
Mr. Odio: Commissioner, I don't remember the amount of the monthly pass that
we buy right now. I can tell you but we are offering that. I prefer to give
the Metrorail pass.
Mr. Plummer: Yes, because, you know, parking has become an expensive item
downtown.
Mr. Odio: It is.
Mr. Plummer: Very expensive. The InterContinental Hotel, just for your
information, as I recall the last time I was there, charged $6.50 for a three
hour minimum, whether you're there 30 minutes, 40 minutes, 50 minutes or two
hours and fifty-nine minutes. And I tell you, I told them the other day, I
went down to represent the Mayor, to present a key to the City and I'm not
going back. I told the Mayor's office, don't ever ask me to go back to the
InterContinental Hotel to present a key for you and it cost me $6.50. And I
was there 20 minutes.
Mr. Odio: As far as the office space...
Mr. De Yurre: Did you valet?
Mr. Plummer: Sure, I valeted because you know why I valeted? The valet takes
up all the parking meters and over there where the cabs are parking.
Mr. De Yurre: Why didn't you just park it right up front there? Nobody's
going to...
Mr. Plummer: No, no, no, you do that. I'm not going to have them tow my car.
Mr. Fernandez: Mr. Plummer.
Mr. Plummer: You got a City car, I got a Plummer car.
Mr. Fernandez: Parking for all of my employees or all the employees in my
department is on the average $35,000 a year; between 32 and 35. I could give
you a more definite figure in a few minutes, but it's approximately $32,000 a
year.
Ms. Range: If your parking charges are $35,000 a year with employees driving
their private cars, I'd like know again what the difference would be between
issuing Metro passes and the actual parking. I think that would be an —
important item because it would do two things. Of course, all of the
citizenry of both Dade County and Miami know that our projection for Metro
ridership has fallen below what it was projected and if you were given a _
mandate that if you wanted free parking, it would be with Metrorail, I mean,
you would not need the free parking, of course, with Metrorail. Then you
would certainly save a far greater amount of money with Metrorail than taking
your car into a private garage and having the City pay for it. So I think
there should not be an either/or. You could offer the Metrorail passes and
those who do not wish to use the Metrorail passes, then would take care of
their own parking.
Mr. Plummer: Mrs. Range, if you take all of the departments that exist in the
downtown area, you will find that I bet you that damn near a thousand of our
employees are getting free parking. And I like your idea, you know, that
there'll be no more free parking but we will provide you with a free Metrorail
pass. When you stop and think that even though the County doesn't look at
City dollars as they're the same, Metrorail bus transportation this year over
revenue is taking subsidy of $94,000,000.
107 July 27, 1989
Mo. Range: That's right.
Mr. Plummer: Ninety-four million.
Mayor Suarez: OK. Mr. City Attorney, what's your absolute requirement in
terms of being able to plan the future of the City Attorney's office?
Mr. Fernandez: My request would be that you would allow us to stay there
through 1991, however...
Mayor Suarez: What date in 1991, what month?
Mr. Fernandez: That would be through September of 1991.
Mayor Suarez: Commissioners, what's your pleasure?
Mr. Odio: It's the best way.
Mr. De Yurre: Why don't we put out an RFP for ?
Mr. Plummer: Hmmm?
Mr. Fernandez: Because if June 30th, 1990, arrive and we don't have a place to
go, then we're totally and completely at the mercy of our landlord and then
I'm...
Mayor Suarez: You're at the mercy of that great market out there for...
Mr. Fernandez: AmeriFirst. Correct.
Mayor Suarez: ... office space that everybody's beating down our doors
offering us space, but I understand what you're saying.
Mr. Plummer: I like the idea of the RFP, Victor. There's only one problem.
If you ever saw what this City pays to move a City office from one location to
another, I bet you it would cost you a lot more if you saved a dollar a square
foot over a period of a year. I mean, a hundred thousand dollar move in this
City from one location to another, is nothing. When we moved...
Mr. De Yurre: But how much are we spending right now in travel time and
we're - I bet you we're spending a lot more than that right now.
Mr. Plummer: Victor, that's only the move. When we moved all of the people
out of the Finance Department here, over into the building on Aviation, it
exceeded a hundred thousand dollars. Just to move them. The phones, the
furniture, the filing, the blah, blah, blah, blah, blah, it's $100,000.
Mr. De Yurre: Then what you are saying? -for us not to consolidate and remain
the way we are?
Mr. Plummer: I really don't see that we have to do anything right now. I see
a glut of office space. I don't see it getting any better next year.
Mr. De Yurre: Well, don't we take advantage of it now then?
Mr. Plummer: Well, but you don't know right now whether or not you'll be
getting it cheaper next year. That's the problem. Or whether we'll have a
freed up building that we're not using.
Mr. De Yurre: Yes, but, you know, we're going to wait forever then, then the
following year might be better.
Mayor Suarez: Now, certainly, certainly, if we're going to do consolidating,
this would be the time because of the glut that you just alluded to. But we
have to decide what we're going to do in the meantime with space such as your$
and Commissioners, it comes down, what? -nine months that you have left in
your lease or ten?
Mr. Fernandez: That's right.
Mr. De Yurre: We can be somewhere by that time.
108
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L]
Mayor Suarez: Versus - you've been able to negotiate an extra year?
Mr. Plummer: September, September.
Mr. Fernandez: June, it's June the end.
Mayor Suarez: It's a very simple decision we have to make. We can later
discuss what we're going to do with our space needs, but as to this one... and
understanding that we may be looking to consolidate this and many others,
what's a reasonable amount of time?
Mr. Plummer: A lease on what?
Mr. Fernandez: I have no problem with you not renewing this with the
understanding that you need to find then us a place within the next four or
five months so that we can make adequate plans so that we can move out by the
end of our lease. Because I suspect that if we're there at the end of our
lease without an agreement, with a lease and we become tenants at suffering
for them, that we are exposed to being charged, you know, the going market
price for square footage. And we would have an option of leaving and then we
have to leave in thirty days notice.
Mayor Suarez: Mr. Manager. Mr. Manager, in view of your review of all of the
City's space needs, what do you recommend as to this lease so we can get on
with this item?
Mr. Odio: As to this lease?
Mayor Suarez: Yes.
Mr. Odio: Well, I think it has to be extended until we find our final
solution, no question about it.
Mayor Suarez: For how long, sir? As it is now, he would have another nine
months plus he would be able to negotiate further. Presumably, or stay in the
tenancy at sufferance or whatever. But what do you recommend at this point?
Mr. Odio: If we're not going to go out for an RFP to find a permanent
solution to the office space, then you have to extend it.
Mr. De Yurre: Because the question is, do we go for an RFP?
Mayor Suarez: When are you expecting to act on an RFP for consolidation of
office space?
Mr. Odio: You have to act.
Mayor Suarez: Have you put it on the agenda? Is it on the agenda for
September, is it on the agenda for anytime?
Mr. Odio: It will be on the agenda - I was going to place it for September
but...
Mr. De Yurre: Can we do it now?
Mayor Suarez: Yes, I have no problem doing it now. We have an idea what the
parameters are certainly, after going through the whole...
Mr. Plummer: Well, let me ask this ques...
Mayor Suarez: Do you have a problem with going out for an RFP or...?
Mr. Plummer: No, I have no problem, but let me ask this question and this is
no joking around. Mr. Manager, we have built two substations of police. Now,
obviously, if we built, we had to free up a lot of space in the old police
building. What is that space being used for?
Mr. Odio: We moved the... remember that item that I withdrew...
Mr. Plummer: The computers, yes, I understand. OK, that's one floor.
109
July
27,
1989
Mr. Odio: That I was going to do a plan study of that building because I
need - the building was poorly designed in the first place. It was designed
for a small Police Department and we are now up to eleven hundred police
officers. And we have 1600 employees there when we only had 600 before. I
don't want to go over that issue again but that's why we needed to plan the
whole building all over again.
Mayor Suarez: You know, the item really should not be coming back, you know,
every month. We've had it on the agenda quite a few times. If we agree on a
particular amount of time that you absolutely should have, even if we go
through the RFP process and so on, whatever you propose, we can approve. He
can...
Mr. De Yurre: Well, I'll make a motion that we put out an RFP for the - based
on the parameters that the City Manager would dictate to find adequate space
to consolidate our offices.
Mayor Suarez: It's roughly 100,000 square feet that we have altogether spread
out in those five or six locations. So let's hope that we don't get into
confusing discussions as to what exactly we're looking for, Mr. Manager. You
gave us a schedule of all the ancillary locations that we have throughout the
City and I think they added up to a little bit over a 100,000 square feet and
Commissioner's making a motion to prepare an RFP for consolidation of all
those, including the City Attorney's office, and may end up being where the
City Attorney's office is located.
Mr. Plummer: You mean as a lease?
Mayor Suarez: Yes. As a lease.
Mr. Plummer: And do you...
Mr. De Yurre: Either/or.
Mr. Plummer: Well, but OK, but I mean, I think you got to spell it out. Are
you talking about a lease for one year, three years, five years, ten years?
Because that's going to make a big difference in the price.
Mr. De Yurre: Well, I think we're talking about a long term lease. I don't
think we should be moving around like gypsies.
Mr. Odio: I would recommend that if we do a lease, it would for no more than
five years. And that gives us time, if we are going to build a new building,
that we can do it. If we're not going to build, then you can always find
another solution.
Mr. Plummer: How many square feet are we presently occupying in the Dupont
Plaza? A lot, as I recall. It's about two or three floors.
Mr. Odio: It's one whole floor.
Mr. Plummer: No, it's more than that.
Mayor Suarez: That's one of the ones that's in the schedule that you gave us,
right?
Mr. Odio: No, because you have... one floor, because you have the Sports
Authority on another floor but that we don't deal...
Mayor Suarez: Altogether, it's a little bit over a hundred thousand including
the City Attorney's office.
Mr. Fernandez: Well, presently, my office, we occupy 16,000 square feet and I
can tell you, we're busting at the seams. We need at least another 4,000 feet
without projecting any growth, just merely to - so that there are no three
people to one office like we have right now, and secretarial help instead of a
cubicle being in the hallway.
Mr. Plummer: That's an easy answer, reduce your staff.
Mr. Plummer: More.
Mr. Fernandez: Fine. My concern, Commissioners, is that while I agree that
_ consolidation is a good idea and everything else, I don't want to get thyself
involved with that, I can advise you that moving the Law Department around
every three or five years, it's really very disconcerting. Not because of
personal comfort, but simply because of all the equipment, all of the
computers, all the books that we have, you know, and so...
Mr. Plummer: A hundred thousand dollars worth of stationary.
Mr. Fernandez: That's right. And so, my concern, again I'll ask you to at
the very least allow me to remain there through 1991. By that time, perhaps
the moving in into whatever space you get would be on an escalated basis where
not all the offices will be able to move in at the same time. We might be
able to move in then towards the latter part of the schedule into the new
building that you may find for City offices. Right now, let me tell you that
we have a very bad situation in our floor with carpeting. Carpeting is coming
apart like over 80 percent of the floor, it's very dangerous.
Mayor Suarez: Mr. City Attorney, we're going to have to go on to another
item.
Mr. Odio: Just, just as...
Mayor Suarez: We know that you have carpeting problems and we have your lease
that's going to expire in nine months unless we act and we have a
consideration of an RFP for consolidation of over a 100,000 square feet of
office space. You've told us you're going to need 4,000 more yourself. Mr.
Manager, what do you recommend for us to do?
Mr. Odio: I think we should not go above five years. It be renewal if we
want to put in the contract but that we commit only for five years.
Ms. Range: But can you not go with one year with the option or an additional
four years?
Mr. Odio: Not at the cost involved, Commissioner. You are...
Ms. Range: Not at what?
Mr. Odio: Not at the cost that we're talking about.
Mayor Suarez: You're talking about the consolidation of all the space and she
may be talking about this particular lease.
Mr. Odio: The cost would be prohibitive.
Mr. De Yurre: At least you have to have an option to stay for a good ten
years. So, if you're talking about five with an option for five more, you
know...
Mr. Plummer: Well, I'll make a motion that the Manager go out with an RFP to
try to meet the needs of the City. That he's got to bring back to us, so...
Mr. Odio: Yes...
Mayor Suarez: And include in that then what you think ought to be done about
this one and, hopefully, Mr. City Attorney, in the meantime, you will be able
to negotiate a little extension on your option.
Mr. Fernandez: We've been negotiating it since April.
Mayor Suarez: Well, hopefully, we'll have some more time with the expectation
t that you may stay there longer and that's an incentive for them to keep you.
Mr. Fernandez: Well, I can tell you that unless I'm really able to change
their mind, they've already told us that July 31st is it. If we don't
exercise our option by then, then that means that we're there for the one year
that we have remaining in our present lease, but that they will begin to
market that space for some future use.
Ill July 27, 1989
Mayor Suarez: OX, I guess, unless somebody moves otherwise, it's just a
chance we're going to have to take. But, otherwise, if these don't begin to
expire, we'll never be able to consolidate. OK, we have that in the form of a
motion, fairly vague as to its total terms, but at least that we're going to
go out for an M. In the meantime, we're not going to do anything with this
lease. That understood?
Mr. De Yurre: It's understood.
Mayor Suarez: Moved, do we have a second?
Mr. De Yurre: I think it's my motion, J.L.'s seconding it.
Mayor Suarez: OK, call the roll then.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-710
A MOTION INSTRUCTING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS BASED ON PARAMETERS, AS MORE
FULLY OUTLINED BY THE ADMINISTRATION BEFORE THE CITY
COMMISSION ON THIS DATE, IN CONNECTION WITH THE
ADMINISTRATION'S INTENT TO CONSOLIDATE IN ONE LOCATION
VARIOUS CITY DEPARTMENTS AND OFFICES, INCLUDING THE
CITY ATTORNEY'S OFFICE; FURTHER STIPULATING THAT THE
LEASE TERMS TO BE CONSIDERED BY THE MANAGER SHALL NOT
EXCEED A FIVE-YEAR LEASE TERM.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
17. EMERGENCY ORDINANCE: Amend 10567 - Increase appropriation for Special
Revenue Fund: "DHRS/Entrant Assistance, FY'89" ($33,150).
Mayor Suarez: Item nine.
Mr. Odio: It's amending an ordinance by increasing appropriations to the
special revenue fund entitled DHRS Entrant Assistance FY 189 by $33,100.
Mayor Suarez: I'll entertain a motion on this item.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Plummer: What is DHRS? Department of Human Resources?
Mr. Odio: Departmzont of Human Resources; Entrant Assistance program. This
is... -
Mr. Plummer: This is money coming in?
Mr. Odio: Coming in to provide local employers... r
l
Mayor Suarez: We have a motion.
112
Mr. Plutner: Second.
Mayor Euareat Seconded. Any discussion? If not, read the ordiftabee Afid gob
the reasoh for the emergency. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
10561, ADOPTED APRIL 13, 1989, BY INCREASING THE
APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED
"DHRA/ZNTRANT ASSISTANCE, BY 189" BY $33,150, THEREBY
INCREASING THE APPROPRIATION FOR SAID SPECIAL REVENUE
FUND TO $64,350.
_ 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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
r.
ABSENT: None.
l
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10618.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Justify the emergency.
Mr. Fernandez: What is the nature of the emergency?
Mr. Odio: On item ten...
Mr. Plummer: Nine.
Mr. Odio: Nine is because in order to maintain these services to City
residents without interruption, we need to receive these monies and..,
r
ASS
3 y fax � k.�irX„
y.A
18. EMERGENCY ORDINANCE: Establish new Special Revenue Funds: (1) "JTPA
Title I/Older Worker (FY'90)", (2) "JTPA Title IIA Neighborhoods Jobs
Program (FY'90)", and (3) "Office of Intergovernmental Liaison
(FY'90)" - Appropriate funds from U.S. Department of Labor - Accept
grant awards.
Mayor Suarez: Item 10, emergency ordinance establishing...
Mr. Odio: It's also being requested... yes.
Mr. Dawkins: Second.
Mr. Plummer: Mr. E1 Je£e.
Mr. Odio: Which jefe?
Mr. Frank Castaneda: Yes, Commissioner.
Mr. Plummer: E1 Jefe of the botellas. You told me that in our job summer
program that we could not use kids to clean this City. Correct?
Mr. Castaneda: That's correct. What I told you was that it has to be
meaningful employment.
Mr. Plummer: OK, I just returned from Seattle and I watched 300 kids in a job
summer teen program making their city spotless. Why can they do it and we
cannot?
Mr. Castaneda: Well...
Mayor Suarez: It's meaningful in Seattle, it's not meaningful here.
Mr. Plummer: Why don't you go to hell!
Mr. Castaneda: Well...
Mr. Plummer: Excuse me.
Mr. Castaneda: That's a good question, Commissioner.
Mr. Plummer: Is there any greater need in this community other than fighting
crime and to get up the City clean?
Mr. Castaneda: We have been making the same argument you have.
Mr. Plummer: Well, then, find out why Seattle can do it and we can't. I'm
sorry, I'm sorry, I stand corrected. Portland. —
Mr. Castaneda: Portland.
Mayor Suarez: Check on Portland, please and Seattle while you're at it.
Mr. Castaneda: Portland. Joe Alfano from the Private Industry Council keeps
telling me that that is not meaningful employment and that...
Mr. Plummer: It is meaningful to this City.
Mr. Castaneda: I surely agree with that.
Mayor Suarez: I would think, you know, that they would add a lot of meaning
to all of the other things we do around here.
Mr. Plummer: They were beautifying the expressways, the parks, everything.
Mayor Suarez: We're on item 10, right? Do we have a motion?
Mr. Fernandez: No, not yet, it hasn't been read.
114
Mr. Dawkins: I moved it.
Mayor Suarez: Do we have a second?
Me. Range: Second.
Mayor Suareze Have we given a reason for the emergency and read the ordinance
please. Call the roll
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING THREE (3) NEW
SPECIAL REVENUE FUNDS ENTITLED: "JTPA TITLE I/OLDER
WORKER (FY'9O)", "JTPA TITLE IIA NEIGHBORHOODS JOBS
PROGRAM (FY 190)" AND "OFFICE OF INTERGOVERNMENTAL
LIAISON (FY 190)", APPROPRIATING FUNDS FOR OPERATION
OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF
$10,375, $324,513 AND $55,000 FROM U.S. DEPARTMENT OF
LABOR; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT
THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE
NECESSARY CONTRACTS AND/OR AGREEMENTS WITH THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Range, 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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Range, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
-- ----. --------------.--------------------------- --- ----....-
19. FIRST READING ORDINANCE: Amend Section 804, Ordinance 9332 (Cable
Television License) - Change minimum number of days past due date of a
delinquent fee in which notice to disconnect service is given to
subscriber.
w------------------------------------------------------------------.--------
Mayor Suarez: Item eleven.
Mr. Dawkins: Move it. I'm pull it before, move it.
Mayor Suarez: Moved. OK, so moved. Do we have a second?
Mr. Plummer: Second.
Mr. De Yurre: Second. Discussion.
Mayor Suarez: Seconded. Discussion, Vice Mayor De Yurre.
Mr. De Yurre: I want to make sure that and I've discussed it with Tony Bello
that the subcontractors get paid on a 30-day basis. My understanding is there
have been some problems with that and I want to make sure that if we're going
=i to abide by this, then you all abide by a 30-day period. If the 30-day
periods not adhered to, then this whole thing comes back.
Mr. Tony Bello: You have my assurance.
Mayor Suarez: Let the record reflect that they have both nodded.
Mr. Bello: You have my assurance, Commissioner.
Mr. De Yurre: OK, thank you very much. I'll second.
Mayor Suarez: What's the story on the sports channel?
Mr. Bello: Tony Bello, Miami Telecommunication, Inc., 1306 N.W. 7th Avenue.
Mayor Suarez: What's the story, Tony, on the sport channel? -have you...
Mr. Bellow: Sports channel, we have... the negotiations with the sports
channel have ended. We are in the process of adding the Sunshine Network and
we hope that eventually within a year's time, the two are going to merge and
there will be no more controversy between the two games.
Mayor Suarez: We'll get to see our own team on television, maybe?
Mr. De Yurre: No, not this year.
Mayor Suarez: No, no, I mean eventually as he's saying.
Mr. De Yurre: Well, if my understanding is that the, what is it, the Sunshine
Network is owned by some of the owners, there's some relation there, and
there's a conflict, direct conflict, with the Sports Channel because they're
in direct competition. So I can't see - is that correct?
Mr. Bello: Yes, the problem is one of pricing. If we were to put the sports
channel on, we would have to raise our rates so high...
Mr. De Yurre: You can't put it on a per user or fee basis?
Mr. Bello: The agreements that they have with the teams requires the cable
operator to pay on the entire base. We cannot split it out. It's something
we tried real hard to get because we knew the sentiments of several folks and
we weren't able to do it because of contract restrictions.
Mr. De Yurre: And what makes you think they're going to merge in a year? You
got to say something on the record. There's no video here.
Mr. Bello: We - no, there is. We...
•
Mr. De Yurre: At least not being taped.
Mayor Suarez: Since you guys provide the video, I'm sure you cut out whatever
you don't - it to not convenient for you to be on the video.
Mr. Dawkins: They've cut the whole thing out from their group last year
because they didn't pant the people working for them to hear what we were
saying here. They cut all the TV monitors off over there at the TV station.
Mr. Plummer: No, well, what I want to know is, when we approve that TV
camera, it was for six months and we never approved it and that's two years
ago for a further beyond.
Mayor Suarez: It seemed like two years but 1 don't think it was.
Mr. Plummer: It's been two years, it's when Victor...
Mr. De Yurre: Well, my mother complains its the only chance that she gets to
see me so we got to keep it on.
Mr. Plummer: When Victor came on the Commission.
Mayor Suarez: Two years....
Mr. Dawkins: I call the question.
Mr. Plummer: No, no, no, don't call the question, I got a serious question to
ask, Mr. Manager...
Mr. Dawkins: Go ahead, J.L.
Mayor Suarez: That's the question he was calling, right there.
Mr. Plummer: Mr. Manager, I want to know why in the proposed upcoming budget,
the cable TV revenues are dropping from $542,000 to $79,000.
Ms. Sue Smoller: Mr. Mayor...
Mr. Plummer: You don't look like the Manager.
Ms. Smoller: Commissioner Plummer. But perhaps I can answer your question,
sir.
Mr. Plummer: You argued with the Manager, eh? Go ahead. Go ahead.
Ms. Smoller: Actually, it's, one is a zebra and the other is an orange. The
$79,000...
Mr. Plummer: Wait a minute. One is a zebra...
Ms. Smoller: And the other is an orange.
Mayor Suarez: And the other one's what? The other one's what? We got the
zebra in.
Ms. Smoller: Two separate issues. First of all, the reve...
Mr. Plummer: It looks like a skunk to me. I want to tell you it stinks.
Ms. Smoller: The $500,000 plus dollars...
Mr. Plummer: Five forty-two.
Ms. Smoller: Five forty-two you referred to are the revenues that are derived
from the license fee paid by the cable company. The $79,000 figure you
referred to is that amount that goes back into the general revenue funds as a
contribution from Cable Communications.
Mr. Plummer: It's the same line item.
Mr. Carlos Smith: I believe you're referring to the nine hundred thousand
versus five hundred and ...
117 July 27, 1909
Mr. Plummer: No, sir, I'm referring to section E under general fund revenues:
Unassigned title; cable TV revenues, in 1988-89 was $542,000; estimated for
189-90 is $19,974. I want to know why such a serious drop.
Mr. Manohar Surana: Commissioner Plummer, that $500,000 was a one-time
transfer of surplus from that fund.
Mr. Plummer: OK, so are then we to expect from now on it will be in the
neighborhood of eighty thousand?
Mr. Surana: Approximately, yes.
Mr. Plummer: Well, you don't say that in here and when I see that kind of a —
drop, that's what triggered my question.
Mr. Dawkins: Well, wait a minute, hold, hold it.
Mr. Surana: That's explained on the page for cable TV. That will be
explained there.
Mr. Dawkins: No, no, no. Explain it to me now, OK?
Mr. Surana: Yes, air.
Mr. Dawkins: They gave us a one shot deal of $500,000, why?
Mr. Surana: Last year, we had a settlement with cable TV company and we
closed out all the old accounts. So that money was left over, we transferred
to general fund. From now on, they'll be making approximately $80,000 every
year.
Mr. Dawkins: Although their subscribership has doubled. OK? And now you're
telling me that even with a subscribership that doubled, you're still going to
®, get $80, 000?
Mr. Surana: All right, we - approximately we getting about half million
dollars in revenue.
Mr. Dawkins: See, now, no, now, see, now I do see the zebra and the orange.
Mr. Surana: No, OK, out of that we had to pay the expenses of that office
which are roughly about $420,000.
Mr. Plummer: Expenses of whose office?
Mr. Surana: Cable television office.
Mr. Plummer: Theirs or hers?
Mr. Surana: Hers.
Mr. Plummer: How much are we paying?
Mr. Surana: About $420,000.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr.
i'
Plummer:
Huh?
Ms.
Smoller:
Commissioner Plummer, that
also includes the operation of the I-
Net
and the purchase
of the modems and
the technicians that support the I -Net
that
has the
City's data network on it.
And that takes the major portion of
that
budget.
Mr.
Plummer:
Four hundred thousand a
year? You purchased equipment. How
much
is it going to be next year?
Ms.
Smoller:
The equipment budget for
next year, I think, was it won
approximately
$130,000.
Mr.
Plummer:
What are you buying?
's
118 July 27, 1909 N
Ms. Smoller: Modems.
Mr. Plummer: Why?
Ms. Smoller: To convert the City's data network, the conversion is going to
save much more than that on revenues that would otherwise be paid to Southern
Bell. What this allows the City to do is to free itself from Southern Bell.
Mr. Dawkins: All you hear is saving but you never see it. And see, another
thing...
Ms. Smoller: Yes.
Mr. Dawkins: ...see, you got me angry with these gentlemen - with their
company - thinking that they're only paying $79,000 when they're actually
paying what you Just said plus the $79,000.
Mr. Plummer: Well, that's to the general fund.
Mr. Smith: Commissioner, the license fee, I believe, is 4 percent?
Me. Smoller: The license fee is 4 percent. That's correct.
Mr. Smith: Four percent of their gross income.
Mr. Plummer: What happened to the fifth percent? We had five when we
originally negotiated it?
Ms. Smoller: That goes to the County and that was a negotiated item with the
County.
Mr. Plummer: Oh, yeah, you're right. We gave up that... let me ask a
question. What is Tele Com right-of-way fees?
Ms. Smoller: The TeleCom right-of-way fees are something that is not in the
Department of Computers cable communications.
Mr. Plummer: Well, what is it? I'm asking what it is.
Ms. Smoller: What that is, is a fee that is paid by Tele Communications
users, those companies that operate private telephone systems within the City
and then pay a license fee to the City for the use of the rights -of -way.
Mr. Plummer: OK, well I'm going to be asking, Mr. Manager, why that's dropped
from $285,000 down to a hundred and thirty-seven? God knows there's more
telephones being used in this town, why is it dropping by half? I'll be
asking that in the workshop. Well, I've got to tell you something you just,
and I'm sure Miller Dawkins is the same, you better find a way to reduce your
budget a lot less than $420,000.
Ms. Range: Mr. Mayor, just before we leave this...
Mayor Suarez: Commissioner Range.
Ms. Range: ...item. In reading over this, I note two things. One that
strikes me is that in 1966 we have a list of expenditures and participatior,
and I cannot help but notice that in 1986 we had 15 percent blacb
participation. Other minority participation is 39 percent and as it has come
down through the years, in 1988, we have absolutely no black participation.
On the other schedule, we have minority firms and even though we have one,
two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteer
rendering services such as uniforms, bad debt collections, office supplies and
expense, janitorial services, all of these services are being rendered and
there is not one black considered, not one. Can you give us an explanatior
for that?
Mr. Hello: Commissioner, I have taken over the general management of the
company since January. That is one of the areas that is of most concern of
mine and we are in the process of bringing in a contract company that will do
that for us.
119 July 27, 1989
Mayor Suarez: You can hardly argue...
Ms. Range: And we can hardly hear you too.
Mayor Suarez: ... that some of those things are not being provided by any
black contractors because there are obviously things that we have plenty of
black contractors. Office supplies is where we have a little bit of problem
with the single black owner of a company but even there, hopefully, they'll be
back on their feet in a few weeks and you should be able to buy quite a bit
from Long's who's still owned by Datsun.
Mr. De Yurre: What kind of contracting work are you talking about that you
would bring in black businessmen?
Mr. Bello: We are in the process of looking at black contractors to do our
installations and so forth and split some of the...
Ms. Range: Will you speak into the mike, I can't quite hear you.
Mr. De Yurre: Are you going to be taking that from the Tennessee company?
Mr. Bello: Yes.
Mr. De Yurre: Well, let's clear that up because there's a minority company
right now that's doing business with you.
Mr. Bello: It's an Hispanic company.
Mayor Suarez: What field?
Mr. De Yurre: And it doesn't do us any good if you take a minority and take
away from that minority to give to another minority. You know, if you bring
in... they bring in from Tennessee - is it Tennessee?
Mr. Bello: Yes, sir.
Mr. De Yurre: OK, they bring in from out of state, they bring in people to
work in the installation and they do a great majority of the work without
getting into numbers, they do a vast number of work. If you're telling me
that you're going to take away from them to give to another minority
contracting and installation company that's fine, but I have a problem if
you're going to tell me that you're going to leave that as it is and you're
going to take away from the other minority company that's doing the work.
Mr. Bello: We will not... no, Commissioner, we will not take away from the
Hispanic company, we will take away from the Tennessee company and give to the
black company.
Mr. De Yurre: That's great. You got my support.
Ms. Range: But, sir, it just isn't fair any way you slice it. It is not
fair. You have 13 minority firms listed here and without being prejudiced
toward any other minority, so I will not identify the minority with which you
are dealing, but you're telling me that you cannot find one black to clean
your floors, to empty your trash, to do any of menial things, if nothing more?
Because that's what you're saying right here.
Mr. Bello: No, Commissioner, I'm not telling you we can't find them, I'm
telling you that we are in the process of finding. We will find them.
Me. Range: I know, but how long has vision been here, this tele-
communications? How long has it been in existence?
Mr. Dawkins: Since Hermanowsky.
Mr. Bello: Nineteen eighty-seven was when TCI took over the partnership.
Me. Range: Well, I think it's plenty long now.
Mr. Bello: I agree.
120
Me. Range: I don't know what else you're looking for but I certainly feel
that you should put forth a very strenuous effort and by that i mean when this
Commission reconvenes in September, you ought to have a progress report that
says that you are sharing some of your good fortune with the black community.
Now, that's all to it.
Mr. Bello: Yes, Commissioner.
Mr, De Yurrez Miss Range.
Mayor Suarezz Yes, Commissioner.
Mr. De Yurre: What I might suggest is, since they're having some difficulty
In that that you may have companies that you want to recommend to them. Or,
you know...
Ms. Range: Certainly, we'll recommend.
duty of this Commission.
Mr. De Yurre: That will expedite.
And I don't think that is really the
Ms. Range: I think when you are given a contract of this kind understanding
all of the circumstances surrounding it, that you should make yourselves
responsible for being certain that you share equally in the community. That's
what causes so many of the problems in our community today. It's because we
just do not play fair and this certainly is not fair.
Mr. Dawkins: Mrs. Range...
Ms. Range: And I'm very surprised to even see it.
Mr. Dawkins: ...my fellow Commissioners, I met with those two gentlemen for
breakfast this morning and I'm glad that I did not share with you my concerns
because you just told them the same thing that I told them this morning and we
agreed this morning that every 30 days they, along with me, will report to
this Commission on the progress of the things that you just spoke about.
Ms. Range: Thank you very much.
Mr. Dawkins: And the first 30 days that they do not show an improvement, then
it's time for us to take some action.
Ms. Range: Well, I'm going to be watching this very closely and it's too bad
you didn't invite me to breakfast this - oh, we couldn't go together, could
we?
Mr. Dawkins: No, ma'am, we couldn't go together, but they can go with you.
Ms. Ranges All right. Thank you, Mr. Mayor.
Mayor Suarez: What is the Tennessee company? What service are they
providing?
Mr. Bello: Installation and sales.
Mr. Dawkins: Installers.
Mayor Suarez: And you can't find a local company to do that that?
Mr. Bello: Oh, we do, we have one local minority company.
Mayor Suarez: I wish I had that on video because one said no and the other
one said yes.
Mr. Bello: We share the installation between the Tennessee company and the
minority company. We will now split it three ways and have two minority
companies and one Tennessee company. r
Mayor Suarez: I'm not an expert in your industry, but I really question
whether a Tennessee company can do an installation service in Miami more
efficiently than a Miami company, that's...
121 July -27, 1989
Mr. Reilo: Weill it's a Tennessee company but all the employees are local
black and Hispanic employees.
Mr. Dawkins: I think you need to quit while you're ahead, OK?
Mr. Bello: Olt.
Mr. Dawkins: You inherited this. You did not do this. Now, you inherited it
and you and I are going to clean it up. And this Commission. Now, if you had
not inherited it, I wouldn't even be sitting here talking about we going to
work it out. But Hermanowsky left this for whoever came behind him and he
left it for you and we are at fault because we didn't monitor it. See, this
should have come way before Mrs. Range got here, this should have been
discussed and ironed out, but we dropped the ball so now we will pick it up
and run with it.
Mayor Suarez: OK, Commissioners, do I have a motion on this?
Mr. Plummer: I moved item eleven.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any further discussion?
Mr. Fernandez: It's an ordinance.
Mayor Suarez: If not, read the ordinance. First reading.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Plummer: I'm sorry to do this but, Mr. Manager, I got to have a
clarification on this. You're telling me in this budget that last year - now
I'm looking at that they had a contribution, comparison by fund and spending,
of $900,000. You're saying that this year it's been reduced to five oh five?
Mr. Fernandez: Yes, because there was a one time contribution.
Ms. Smoller: The $900,000 includes the contribution to the general fund.
Mr. Plummer: But that's last year...
Ms. Smoller: That's correct.
Mr. Plummer: ...and this year...
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 804 OF THE CITY OF MIAMI
CABLE TELEVISION LICENSE ORDINANCE NO. 9332 BY
DELETING THE WORD "FORTY-FIVE (45)" AND SUBSTITUTING
THEREFOR THE WORD "THIRTY (30)" AS IT PERTAINS TO THE
MINIMUM NUMBER OF DAYS AFTER THE DUE DATE OF A
DELINQUENT CABLE TELEVISION FEE OR CHARGE THAT NOTICE
TO DISCONNECT SERVICE IS GIVEN TO THE SUBSCRIBER;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
ABSENT: Vice Mayor Victor De Yurre.
(Note: Although absent on roll call, Vice Mayor De Yurre requested he be
shown as voting with the motion.)
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I'm voting no but I'm going to say now that I reserve the right
to call this back and change it, if I find that the company continues to
disconnect people for a lousy one dollar payment. I will be back.
Mayor Suarez: Tennessee company to do the installation in Miami. I really
have a problem with that. I'm going to vote yes, but I'm going to hold your
feet to the fire as the rest of the Commission...
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Plummer: You want me to vote no so you can scare the hell out of them?
Mayor Suarez: I guess this particular provision that we're approving is not -
not to approve it doesn't really help anybody so...
Mr. Bello: Thank you, Commission.
-----------------------------------------------------------------------------
20. FIRST READING ORDINANCE: Amend Code Section 5-1 ("Amusements") - Provide
exception to hours of operation of poolrooms when operated with an
accessory restaurant.
------------------------------------------------------------------------------
Mayor Suarez: Item 12.
Mr. Dawkins: Move it.
Mr. Guillermo Olmedillo: This is a proposed code amendment to cover the
poolrooms. As you know, this came before you and the idea is to extend the
poolroom hours until 8:00 in the morning. That is, they don't close at
midnight as they do right now. And the recommendation is that they be in
conjunction with a 15,000 square foot minimum area of restaurant and that the
entrance be through the restaurant.
Mr. Plummer: And that allows them to operate until what time?
Mr. Olmedillo: No time limitation because it goes until 8:00 a.m. See, the
way the code reads right now is that no poolroom shall be open between the
hours of 12:01 and 8:00 a.m., so...
123 July 27, 1989
Mr. Pluitmtert
bevetagets?
a'bi3!i�M.Y^.NMufza/iF- w.neam�.v�tw..a.
OX ghat happens in reference to the serving of alcoholic
Mt oiteedillot Well, that is still governed by the alcoholic beverage&.
Mr. PlufthOrt All right, so that's still in effect?
Mr. Olmedillot That is still in effect.
Mr. Plummer: The only thing we're doing is allowing theta to have the poolroom
open 24 hours a day.
Mr. Olmedillo: That's correct.
Mr. Plummer: OK.
Mayor Suarez: I'll entertain a motion on item twelve.
Mr. Plummer: So move.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD BY TITLE ONLY.
Mayor Suarez: Call the roll.
Ms. Range: Now, these poolrooms are within the - under the same cover as the
restaurant...
Mayor Suarez: Right.
Ms. Range: ...is that correct?
Mr. Plummer: With a minimum of 15,000.
Mr. Francisco Rivas: The main entrance will be through the restaurant first.
Ms. Range: The main entrance will be through the restaurant.
Mr. Dias Rivas: The main entrance, they have to go through the restaurant in
'order to enter the poolroom.
Ms. Range: All right. Very good.
Mr. Dias Rivas: Is there any possibilities to entertain and adopting this
ordinance as an emergency ordinance? -
Mr. Plummer: What's the emergency?
Mayor Suarez: Put your name on the record, please.
Mr. Dias Rivas: Francisco A. Dias Rivas, representing Cafe Society Builders,
3138 Commodore Plaza, Coconut Grove, Florida.
Mr_ P1ftiremor. Tt hoe to nartnin to l ife 14M1% nwd
L1
Mr. Dias Rivas No, sir.
Mr. Plummer: I call the roll.
Mayor Suarees Call the roll.
AN ORDINANCE ENTIT'LED-
El
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING SECTION 5-1 OF CHAPTER 5,
ENTITLED "AMUSEMENTS," TO PROVIDE AN EXCEPTION TO THE
HOURS OF OPERATION OF POOLROOMS WHEN OPERATED WITH AN
ACCESSORY RESTAURANT; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following votes
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NODS: None.
ABSENTS Vice Mayor Victor De Yurre.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: It would have been another good reason for doing it is just not
to have it on the agenda again. You might want to reconsider that so we don't
have to see it again.
21. FIRST READING ORDINANCE: Amend Code Section 4-14 ("Alcoholic
Beverages - Exceptions to Distance Requirements") - Reduce time required
for private clubs to have been in existence in order that certain
distance requirements not be applicable.
Mayor Suarez: Item thirteen.
Mr. Plummer: Wait a minute now, is this in reference to the Miracle Center?
Mr. Jorge Fernandez: No, it isn't.
Ms. Range: No.
Mr. Dawkins: No.
Mr. Odio: Item thirteen was requested by Commissioner Dawkins...
Mr. Dawkins: Move it.
Mr. Plummer: By reducing the time required for private clubs to have been in
existence from 2 years to 3 months...
Mayor Suarez:
What
Mr. Plummer:
Tell r
�.'
Mr. Dawkins:
All z
_;.
had all the difficu:
of his money
on the
club there.
And
occupancy), we foun,
us and tried
to fine
s the purpose of the ordinance?
what does this do?
;ht, remember when Officer Donaldson came in here and he
y trying to get the private club and he had spent $90,000
strength of our telling him that he could put a private
ien when he got ready to get the CO (certificate of
that he had a distance problem and Steve stood here with
a way and we went all around...
125 July 27, ��$
---------------
z
V3.I+ias',uY4w'+is:•»tbA.ylln4frf^�444Wr'+RF�S`i4 " `
. .1.'Y
,_
Mayor Butratt
Not related to liquor
license or anything like than.
Mr.
Dawkins:
It's private club
,
Mt.
Flummere
Sure it is.
Mr.
Jorge Fernandez: Excuse me...
Mr.
Dawkins:
Go ahead, go ahead, Mr.
City Attorney.
At amend in secttidn
Mr. Fernandez: Mr. Dawkins, actually this is an or Hance g
414 and not withstanding anyone that may benefit from this, we have researched
this and the requirement that we have that the entity applying for it have
been in existence would have a corporate existence for two years, really
didn't bear any relationship to the needs or to present day requirements...
Mayor Suarez: So three months is enough?
Mr. Fernandez: So, in our opinion, we believe that three months is a
sufficient period of time so that we can amend this.
Ms. Range: I'll second it.
Mayor Suarez: Moved and seconded then in view of that explanation which seems
to be very straight forward. Any discussion? If not, read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC
BEVERAGES," OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY AMENDING SECTION 4-14, THEREOF ENTITLED
"EXCEPTIONS TO DISTANCE REQUIREMENTS" BY REDUCING THE
TIME REQUIRED FOR PRIVATE CLUBS TO HAVE BEEN IN
EXISTENCE FROM TWO YEARS TO THREE MONTHS IN ORDER THAT
CERTAIN CODE DISTANCE REQUIREMENTS NOT BE APPLICABLE
TO SUCH PRIVATE CLUBS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Range and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr. —
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
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.
1 � i
� Y
>kl
}
i Y �
4
s
22 (A)FIRST RRADING ORDINANCE: Create Special Revenue Fund: "Otani Area
Redevelopment Tax Increment Trust Fund Account" - Appropriate $1.6
million.
(B)CITY COMMISSION QUESTIONS ADMINISTRATION CONCERNING TAXES TO BE PAID BY
PLAZA YENSTIA PROJECT.
_..__---------------..rrr------------------------ -------------------------
Mayor Suarez: Item 14. Omni area redevelopment tax increment trust fund.
What is the final...
Mr. Plummer: I move to defer.
Mayor Suarez: Moved to defer, Commissioner Plummer.
Mr. Dawkins: Why?
Mr. Plummer: For other information. I think we need r the one question that
I have that is not yet resolved and there seems to be a difference of opinion
between the Manager and the Attorney and I know it's a legal question, but I
think that it must be answered.
Mayor Suarez: Well, I thought it was resolved.
Mr. Plummer: Well, the City Attorney says it's resolved, the City Manager
says that it's not.
Mr. Odio: Well, we haven't had a chance to talk since we've been here all
day.
Mr. Plummer: OK, and that is in reference to the City having the right to
extract from that money the providing of municipal services to that district.
That just seems reasonable to, I think anybody, that if we got a - somebody's
got to pay for the policemen that are put into that district. If they're not
paying any taxes, and we got to supply them with policemen, we got to supply
them with fire and we've got to supply them with sanitation, why do the other
people of the community have to pay to provide those services when the taxes
are not going back to help? It doesn't seem reasonable to me.
Mayor Suarez: You can ask that...
Mr. Dawkins: So move, second.
Mayor Suarez: You can ask that about any tax increment district, obviously.
Mr. Jorge Fernandez: Correct.
Mayor Suarez: But what..
Mr. Odio: Which we have to look at.
Mayor Suarez: Commissioner Dawkins, did you second? What did you second?
Mr. Dawkins: I second deferral.
Mr. Plummer: The motion to defer.
Mr. Dawkins: To defer, because I need to know what year it's supposed to
start in. I...
Mayor Suarez: Yes, the base year issue I thought was the single thing keeping
us from getting this done so that the County would complete the interlocai
agreements so that we could begin the district after all this effort that
we've put into it.
Mr. Odio: I'll say this...
Mr. Plummer: Well, you also got another problem, where in the hell is he
going to get the money from?
� . < 127 July 27, 10$0 _
Mayor Suarez: You, I know that and that's why the answer...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: What?
Mr. Odio: On the year based on the year, I will have to leave it up to - I
said before, that it has to be a legal opinion on what year it should be and
whatever the...
Mayor Suarez: This item would not do that? Would not create the - would not
establish the base year?
Mr. Fernandez: Not necessarily, apparently there is no urgency at this point
in time to make a finding of the base year if we can, in fact, arrive at that
or agree upon that the administration and the Law Department. What is still
pending is for the county to proceed to do the interlocal agreement and then
once they have the interlocal agreement and the City of Miami becomes the
redevelopment agency, according to that agreement, then we can sit down with
the county and make sure that the fund gets properly funded.
Mayor Suarez: I want to warn you that the county's going to use the argument
_ that we haven't acted on this ordinance today to say that they're going to
delay further their determination in their interlocal agreement approval so
that we can become the development agency and, once again, this district...
Mr. Fernandez: We can act on this ordinance today as a first reading. I'm
sure that between first and second reading, we would have been able to work
out and get a better understanding.
Mayor Suarez: I would ask my brother Commissioner Plummer if he wouldn't
consider that.
Mr. Plummer: That's fine with me, Mr. Mayor.
Mayor Suarez: Thank you.
Mr. Dawkins: I seconded the first reading.
Mayor Suarez: Thank you. Any further discussion? If not, read the ordinance
on first reading. And by the way, I agree that we should figure out a way,
Commissioner Plummer. By the way, J.L., I agree with you that we ought to
figure out some way in which we can take funds from the development district
to try to pay for some of the planning and development efforts that went into
it.
Mr. Plummer: Well, Mr. Mayor, you know, I just don't know... we now have this
district, we have what? -one other?
Mayor Suarez: Yes, we've got Overtown Park/West and Omni development.
Mr. Plummer: You know, how, in God's name, can I tell the taxpayers - the
homeowners, that they're going to be paying for police and fire out of their
home taxes?
Mr. Dawkins: And sanitation.
Mr. Plummer: And sanitation, all City services and all of that money is not
going to be used to pay for any of that.
Mayor Suarez: You know, one way is that when you have a development district,
and I don't know if we've thought about this, we shortened the period at which
we decide to keep it in effect and when we get ready to approve any bonds or
any capital improvements, that we make sure that they can be paid off very
quickly.
Mr. Odio: Mr. Mayor...
Mayor Suarez: So that we can right back to putting it back into the general
fund. I mean, it... -
128 July 27, 1989
Mr. Odio: ate don't have much time today but we do have to address, for the
future, the creation of tax increment districts and the impact it has on the
budget.
Mayor Suarez: Mr. Manager, I don't think that will be necessary because I
think this Commission, at least, as presently composed is not inclined to ever
declare another tax increment district.
Mr. Odio: OK, well I'm glad...
Mayor Suarez: You know, I mean, I haven't heard of any that has a great
public purpose and that because of the concerns expressed by Commissioner
Plummer and yourself in regards to our budgeting.
Mr. Fernandez: My one recommendation in reading this ordinance that you would
be reading and passing on today, is to delete any reference to any specific
sums of money because we do not know exactly what the amounts will be that
will be deposited into the fund once the fund is established.
Mayor Suarez: Why don't we know that? Why don't we know that?
Mr. Fernandez: Because it's an amount I don't...
Mayor Suarez: It's whatever it was... oh, because the tax base here is still
a problem? The base here, because that hasn't been defined, is that what
you're saying? Why wouldn't we know? We've collected the money.
Mr. Dawkins: No way.
Mr. Plummer: Well, you know, I got to tell you something...
Mr. Dawkins: No, that's right...
Mr. Plummer: ...Mr. Mayor, I'm sorry for looking at this book, OK? Mr.
Manager, you'd better prepare yourself because I'm coming at you full barrel.
No, no, here lookl You know, I raised holy hell as you'll remember last year
about that parking garage that we're paying subsidizing a million dollars.
You remember my doing that? And the Manager and the administration promised
they would do something. Let me give you the problem. This year it's not a
million dollars. This year, it's a million nine hundred and ninety-nine
thousand dollars. That's outright subsidy for a parking garage!
Mr. Odio: You got a wrong number.
Mr. Plummer: Excuse me, I am read government center parking garage, last
year, one million, forty-nine dollars and one.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Here, here, here. Tell me I'm wrong. That's his numbers.
Mr. Odio: Before you did...
Mr. Plummer: Here, right here, government center parking garage.
Mr. Surana: That's a deficit, nine hundred fifty thousand.
Mr. Plummer: That's the deficit?
Mr. Odio: Yes.
Mr. Plummer: That's the total budget estimate?
Mr. Surana: That's estimate and that's the revenue and that's the deficit
Mr. Odio: I wish I had not sent you that book.
Mr. Plummer: And you're telling...
Mayor Suarez: Well, it didn't go down much from a million to nine fifty.
Mr. Odio: Mr. Mayor, we, the City...
129
July
27,
4989
Mr. Plummer: And you're also telling ine then...
Mr. Odiot The City of Miami build that parking garage.
Mr. Plummer: Then sell the damn thingl I told you that two years &gal
Mr. Odio: They won't buy it. They won't buy it.
Mr. Dawkins: Who's going to buy it? Who's going to buy it?
Mr. Plummer: You'll never know if you don't put it on the market.
Mr. Odio: I have been dealing with the Off -Street Parking Author...
Mr. Plummer: The hell with the Off -Street Parkingl Put the building up for
salel It can be used for something else)
Mr. Dawkins: ....sell it, that's where I'm going to put my new City Hall and
I need it for...
Mr. Plummer: Yes, put walls around it and you've already got your office
space.
Mr. Odio: You cannot even sell that.
Mr. Plummer: You know, this is - wait a minute, I got one other better - what
the hell is this conference and conventions? Went from 7 million to 11
million.
Mr. Surana: That's a deficit 3.5.
Mr. Plummer: That's a deficit of 3 point... this year over last.
Mr. Odio: No.
Mr. Surana: No, no, no, this is the revenue side and this gives you
deficit. This is the expense, that's the revenue, that's the difference,
deficit. That's a deficit.
Mayor Suarez: The first column is total revenues, the second column is total
expenditures, the third column is deficit...
Mr. Plummer: N0000000.
Mr. Surana: I'll get a new pencil...
Mayor Suarez: OK, we have a motion and a second on item...
Mr. Fernandez: Fourteen.
Mayor Suarez: ...on first reading, item fourteen. Any further discussion on
it? If not, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A NEW SPECIAL REVENUE FUND
ENTITLED "OMNI AREA REDEVELOPMENT TAX INCREMENT TRUST
FUND ACCOUNT" AND APPROPRIATING INITIAL FUNDS FOR ITS
OPERATION IN THE AMOUNT OF ONE MILLION SIX HUNDRED
THOUSAND DOLLARS CONSISTING OF AD VALOREM TAX
INCREMENT MONIES RECEIVED OR TO BE RECEIVED FROM
METROPOLITAN DADE COUNTY AND/OR SUCH OTHER MONIES AS
MAY BE ALLOCATED BY THE CITY RELATIVE TO THE OMNI AREA
REDEVELOPMENT PLAN (RESOLUTION NO. 86-868); PROVIDING
FOR INTENT; PROVIDING FOR FUTURE APPROPRIATIONS; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner —
Dawkins and was passed on its first reading by title by the following votes
AYSS: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Lange
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
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.
Mayor Suarez: You're not going to address the item we just approved, pursuant
to your request, I presume. Are you?
Mr. Phillip Yaffa: What I was going to do was just let this Commission know
in about two minutes the kind of - OK, my name is Phillip Yaffa, 1717 North
Bayshore Drive, Miami, 33132. I appreciate the action. I'm here today as
chairman of the Omni Venetia Action Committee of the Greater Miami Chamber of
Commerce. I just wanted to let this Commission know first, we thank you for
the positive vote on this ordinance...
Mr. Plummer: The Chamber of Commerce, that's the one downtown that never come
up with a dollar for any program, just a lot of words.
Mayor Suarez: I warned you, Phil, go ahead.
Mr. Plummer: I mean, you know, they're going to take credit for anything
that's done, but, boy, they don't come out, they can squeeze a nickel out of a
buffalo better than anybody I ever saw.
Mr. Yaffa: Well, Commissioner Plummer, I would tell you, on my own - for my
own person, I spend a lot of time...
Mr. Plummer: Why is the chamber - no, no, excuse me. In all seriousness, why
is the Chamber of Commerce involved in that project which is ours?
Mr. Yaffa: Well what I... that's what I was going to tell you right now is in
my capacity, as chairman, I just wanted to let this Commission know, the kind
of activity that this tax incremental district has created in the Omni area
and I spend my time as chairman of that committee addressing the calls and
questions of people on an international basis that have contacted me. I just
wanted to let you know that, as a result of the tax incremental district that
was formed, Sears Roebuck has talked to me in my capacity as chairman of this
committee about their interest in relocating and reopening their store in the
Omni area.
Mr. Plummer: Why in the hell is the Chamber taking credit for it?
Mr. Yaffa: The DDA has submitted a proposal for performing arts trust in the
Omni Venetia area, a substantial part of which is based on the funds that this
tax incremental district will create. I have personally met with the
president of a major import/export trade association who is interested in the
international trade mark that the consultants hired by the City's Planning
Department and the DDA recommended. I have personally met with a client of an
attorney locally in Miami who has a client that has a major performing arts
school in Los Angeles who is interested in relocating and opening a branch of
that school in the Omni Venetia area as part of the consultant's plans. I
have had...
Mr. Plummer: I'm still asking the question, what is the Chamber got to do
with it?
Mr. Yaffa: My time as chairman of this Chamber committee is spent in dealing
and meeting and discussing these people who are out of the state or out of the
area that are interested in coming into the area now as a result of the tax
increment district.
Mr. Plummer: But I don't see where the Chamber has anything to do with it.
131 July 27, 19$9
f.
Mr. Yaffa: Well, the Chamber might not contribute money, I think they
contribute, the Chamber contributes time and...
Mr. Plummer: They never do. But what has the Chamber got to do with it? I'm
asking. They're not collecting the money. They did not create the district.
Mr. Yaffa: In the interlocal governmental cooperation agreement that this
City Commission approved, the Omni Venetia Action Committee is designated as a
citizen advisory group to the City and the Counties representatives in the
formation of this district.
Mr. Plummer: An advisory group, but not the Chamber.
Mr. Yaffa: My subcommittee, which is a branch of the Chamber, is the advisory
group. But Commissioner Plummer, that's not really the issue right here now.
What I wanted to do to this Commission today is just to make you aware of the
activity that has occurred as a result of the tax incremental district. With
that point made, I will thank you very, very much for your time and for
passing the resolution and the ordinance on first reading.
Mr. Plummer: Come back again, we love to have you here.
Mr. Yaffa: Thank you, Commissioners, Mayor.
Mayor Suarez: Thank you, Phil, and keep up the good work in relation to the
various activities in the Omni area. Just don't make too many reports to the
Commission.
Mr. Plummer: Mr. Mayor, may I inquire, have we straightened out the thing in
relation to Plaza Venetia being included or not included in the district?
Mayor Suarez: What is the status of that finally?
Mr. Plummer: Is Plaza Venetia include or not included?
Mr. Surana: That's the issue.
Mr. Plummer: That's one of the issues. I'm asking, has it been resolved?
Mr. Odio: No, they haven't paid taxes yet.
Mr. Plummer: What do you mean...
Mayor Suarez: Mr. City Attorney, has it been resolved or not?
Mr. Fernandez: Yes, in our minds it is now clear notwithstanding statements
that I might have made to you before on the record of the meeting of July 13th
that at that time, I thought, with the information that I had, that it might
be 1987. After further research, and very meticulously looking and hair
splitting analysis of that statute, it is now our opinion that 1986 is the
base year and, therefore, Plaza Venetia is captured in the increment.
Mr. Plummer: But wait a minute, you're saying that they have not paid any
taxes at all? How can they be...
Mayor Suarez: That's a very logical question.
Mr. Plummer: How do they get away with that? Because I want to know, because
if they can do it, I can do it. So tell me how they got away without paying
taxes for two years.
Mr. Fernandez: They're involved in litigation I understand for one year
they're challenging the valuation or the assessment and for the second year,
which has now just come due this past April, they're intending to challenge
that through the procedures of... —
Mayor Suarez: OK, but they owe, at this point, the amounts for the two years
in question. They're challenging as to both what the valuation of the
building? We want to know why they haven't paid. Everybody else has to pay
their taxes. We got to put it on the record, Mano. It's a very logical
question the Commission.
132 July 27, 1909.
Mr. Surana: To our knowledge, there's a loop hole in the system. Whenever
they go for litigation, they don't have to pay tax. So they have not paid the
tax for fiscal year 188 and 189.
Mayor Suarez: Now you're saying just litigation generally. You just told us,
I believe, as to one of the two years, that it's a valuation dispute. Is that
what it is? They don't think the building is as valuable as the property
appraiser, is that what you're telling us, as to one year?
Mr. Surana: I don't know what they went to litigation for.
Mayor Suarez: Well, why didn't somebody tell us that? Who was it that just
told us that?
Mr. Surana: We said...
Mr. Fernandez: I have told you that because that's the beat information that
I have.
Mayor Suarez: OK, are you saying that's not correct so we have it on the
record, the correct reason why they haven't paid two years worth of taxes?
Mr. Surana: No, we sent a memo out and said that they had not paid us for 188
and 189.
Mr. Fernandez: I will find out from the County Attorney's office what
procedures...
Mayor Suarez: The conclusion of this is that we don't know why they haven't
paid, but they certainly owe two years worth and they may be involved in some
legal disputes. We ought to have a report on this, Mr. City Attorney, Mr.
Budget Director.
Mr. Fernandez: Yes.
Mr. Plummer: The other question that I was asking is, that there was
conversation that said that they were not included in the increment district.
Now, is that a litigation point? Because they're going to tremendously
benefit by the increment district. Are they included in the increment
district or not?
Mr. Fernandez: Well, as a legal matter, whether they're included in the
increment district or not, that has nothing to do with their obligation to pay
ad valorem taxes as they fall due.
Mr. Plummer: Understand that. That's a separate issue.
Mr. Fernandez: Right.
Mr. Plummer: That relates to their value and to their taxes.
Mr. Fernandez: Correct.
Mr. Plummer: The question I'm asking is, is there any question as to whether
or not they pay to the increment district?
Mr. Fernandez: Their taxes are collected in the regular course of business by
the County. When the County gets it, then the County segregates it and puts
it in the trust fund that's being created for that purpose.
Mr. Plummer: So, what you're saying then is, once, in fact, the litigation is
established as to the value, that money will go in the trust fund. Is that
what you're saying?
Mr. Fernandez: That is one of the unresolved questions. We don't know
whether we need to wait until that litigation is concluded for the fund to
become funded. Apparently, what Metropolitan Dade County has done is that
they have from other monies they have already earmarked and identified their
what would have been their contribution to the fund, to the tax increment
fund, without having received it from the owners of Plaza Venetia.
Mr. Plummer: OK. They're going to be one of the primary recipients.
133 July 27, 1.989
f,
E,
Mayor Sairees Did Me Vote on it Already?
Mr. plumars Did we vote oft the ...?
Mr. Fernandoet Yes, you have.
:. ...�_.._ ..- —--- ------------------ __- -----_-___--
23. RATIFY ACCEPTANCE OF PROPOSALSs Luke A. Ross, Ralph Ross Real Estate
Co., Inc. and Renaldo Blanco, Ancla Realty, Inc. (Appraisers) - to
appraise fair market value of certain properties located in
Resubdivision of Revised Plat of Eastmoreland Sub, and Buena Vista
Gardens (bounded by N.W. 58 Street and 56 Street between N.W. 6 Place
and I-95).
Mayor Suarez: Item IS.
Mr. Dawkins: Move fifteen.
Ms. Ranges Second fifteen.
Mr. Plummer: Can I ask if the...
Mayor Suarez: Moved and seconded. Commissioner Plummer.
Mr. Plummer: If, in fact, these appraisers are both doing the same property,
why is there $1500 difference in their fee? One is $4,100 and the other is
$5,600. They're appraising the same property? Why is there...
Mayor Suarez: No, no, no. It can't be the same property. The same general
area.
Mr. Plummer: It's the same property, isn't it? We had to have two
appraisers.
Mr. Ron Williams: Yes, Commissioner, that's, you know, the issu...
Mr. Plummer: Is it the same property?
Mr. Ron Williams: Yes, in an issue of competition.
Mr. Plummer: Well, the hell with them. Let's get two at the $4,100 and save
the $1,500.
Mr. Williams: It depends upon you know, the workload of the appraiser at the
particular time. How interested they are, how much time they've got, how
quickly they can do it. You'll notice, Commissioner...
Mr. Plummer: Huh?
Mr. Williams: ...we'll bring those to you and they vary.
Mr. De Yurre: Well, why can't we get the same appraiser do it twice?
Mr. Plummer: Hey, then get one that's not so busy.
Mr. Dawkins: You know, you know, I hate to say this, you know, but I keep
telling you that there are some black appraisers out there and I'm damn sure
they're not that busy.
Mr Plummer• That's by law.
Mr.
Dawkins:
OK? But yet, you come tell me about you got some
busy ones.
z
Mr.
Williams:
Commissioner, I was responding to the variation
in price.,
Mr.
Dawkins:
Well, I'm responding to my concern, OK?
Mr.
Plummer:
Have you got a Cadillac limousine in GSA?
134
July.27.p 1,949
z n,
a
Mr. Nilliamot No, but we Cane..
Mr. Plummer: You'd better get one because that's what you're going to the
poem house in with a full loaf of bread under your area.
Mayor Suarez: That is a major, major discrepancy there. Fifty-six hundred to
$4,150.
Mr. Plummer: This is the September/August agendas. Spend it all.
Mr. Dawkins: Ralf and half at the same time.
Mayor Suarez: I assumed they were different properties, I couldn't figure it,
That's $1,500 difference just about out of...
Mr. Williams: Mr. Mayor# I might add they vary farther than that on
occasions. I can give you several examples where...
Mayor Suarez: Well then, we ought to start figuring out of the ones that
vary, which are the lower ones and start using the lower ones, you know.
Mr. Plummer: That's it.
Mr. Williams: We always use the lowest ones, Mr. Mayor.
Mr. Plummer: Then get some more.
Mayor Suarez: Yes, there may be some between $4,150 and $5,600, I would
think.
Ms. Range: Do you have a right to inquire of the appraisers why they have
such differences?
Mr. Williams: Absolutely.
Ms. Range: Have you inquired?
Mr. Williams: Yes, we have and some of the variables, as I was beginning to
explain to Commissioner Plummer, we will find one...
Ms. Range: What is that, that they're not busy or they are busy?
Mr. Williams: We will find one appraiser that basically sees the job from a
different perspective and is willing to provide us with an appraisal at a
lower price or a higher price dependent upon his particular circumstance at
the time.
Mr. Plummer: But don't you have the right to turn down if the price is so
much higher?
Mr. Williams: We most certain...
Mr. Plummer: And as for another one?
Mr. Williams: Yes, we do but what we've got providing you here are the two
lowest appraisers. Obviously, the others came in higher than the $5,600,
Commissioner.
Mr. Plummer: So then, go back out and ask for more. I mean, this town is
full of appraisers.
Ms. Range: Well, can't you bargain with them and say, well, we have one here
that's $4,150 and what's your problem and let them explain to you or come down
to a comparable price. Is that against the law?
Mr. Dawkins: But, I think...
Mr. Williams: Yes, we're not able to do that after it's a sealed response.
Mr. Dawkins: See, on this...
135 271 14$9
V,
Mr, Plummer: I'd love to go to work for this City as a negotiator and give me
ten percent of what I save. I only got to pork two years. That's all.
Mayor Suarez: And deduct from that the amount of time taken to do that and
then it won't cone out to be so much because you'll take forever to do
anything.
Mr. Plummer: Oh, no.
Mayor Suarez: If these Commission meetings are any indication.
Mr. Plummer: I'll get my million dollars a year and run Venezuela.
Mayor Suarez: Commissioner Dawkins, one last comment on this before we vote
on it.
Mr. Dawkins: The only thing I can say is that Mr. Williams is not saying that
we ask them to fast track this and the possibility I don't know why he doesn't
may it, is that he didn't go back out to get two or lower bids because we
asked him to fast track it.
Ms. Range: Is this that property over on 58th Street?
Mr. Dawkins: Yes, ma'am.
Ms. Range: I can understand them having to fast track it because it really
needs to be worked on immediately. I understand it was fast tracked so fast
that it's been done.
Mr. Dawkins: Yes, ma'am.
Mayor Suarez: It's that fast.
Ms. Range: All right.
Mayor Suarez: OK, I'll entertain a motion on item fifteen, otherwise the
Manager's going to pay it out of his pocket. Moved and seconded. Any
discussion? If not, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-711
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACCEPTANCE OF PROPOSALS OF LUKE A. ROSS, RALPH ROSS
REAL ESTATE CO., INC. AND RENALDO BLANCO, ANCLA
REALTY, INC., A MINORITY APPRAISER, BOTH MEMBERS OF
THE NATIONAL SOCIETY OF FEE APPRAISERS, AT A FEE OF
$4,150.00 AND $5,600.00, RESPECTIVELY, TO APPRAISE THE
FAIR MARKET VALUE OF CERTAIN PROPERTIES INCLUDING
IMPROVEMENTS THEREON, LOCATED IN RESUBDIVISION OF
REVISED PLAT OF EASTMORELAND SUB BLOCK 2 PLAT BOOK 41
PAGE 18; EASTMORELAND SUB BLOCK 3, PLAT BOOK 41 PAGE
18, AND BUENA VISTA GARDENS BLOCK 6 PLAT BOOK 5 PAGE
45 BOUNDED BY NORTHWEST FIFTY EIGHTH AND FIFTY SIXTH
STREETS BETWEEN NORTHWEST SIXTH PLACE AND I-95, MIAMI,
FLORIDA, WITH FUNDS TO COVER THE EXPENSES FOR THE
APPRAISALS BEING ALLOCATED FROM CITY WIDE LAND
ACQUISITION PROJECT FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed.and
136 July 27 1949 ANN_
AM Commissioner J. L. Plummer, Jr.
Comwissioner M. Athalie Range
Commissioner Miller Dawkins
vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: When are the houses coming down?
Mr. Dawkins: They're tearing them down, some of them are going down now.
Mr. Plummer: Are we doing it with City equipment?
Mr. Dawkins: Yes and City personnel.
Mr. Plummer: I vote yes. -
24. (A) AUTHORIZE EXECUTION OF AGREEMENT WITH SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY - implement citywide sidewalk telephone
program - Southern Bell rights nonexclusive.
(B) AUTHORIZE HECTOR GASCA (COMPETING VENDOR) TO INSTALL 100 PIECES OF
TELECOMMUNICATION EQUIPMENT AND SERVICES CITYWIDE - without any
restrictions as to site.
------------------------------------------------------------------------------
Mayor Suarez: Item 16, agreement with Southern Bell Telephone and Telegraph.
Citywide sidewalk telephone program; identical terms and conditions contained
in existing City of Miami Beach contract. Is that item that we previously
deferred looking to see if, in fact, it was competitive. Have we looked at
other companies and concluded this is the best?
Mr. Ron Williams: Yes, we did, Mr. Mayor.
Mr. Odio: No other company responded, as a matter of fact.
Mr. Plummer: Yes, there's a good reason for it.
Mayor Suarez: No other companies responded.
Mr. De Yurre: No other one responded?
Mr. Williams: No, we did not get another proposal. We sent out requests, we
met with, I believe it was three vendors, a total of two new vendors and of
those two new, one decided not to propose and another one did not provide us
with a proposal, so, we're bringing back to you our previous recommendation
and request your approval.
Mayor Suarez: And you are absolutely sure none of these were subsidiaries of
Southern Bell, or otherwise related to Mr. Figueredo that he can convince them
not to bid or anything like that, right, no shenanigans?
Mr. Williams: They did not identify themselves as such, Mr. Mayor.
Mr. Dawkins: All right now, is this a bid or a proposal? You see, I keep
hearing both interchangeably. I need to know what we are doing.
Mr. Williams: OK, what we did, Commissioner, if I may refresh your memory, we
bought to you a package that we had received in response to a proposal that
had been issued by the City of Miami Beach. We saved the effort and expense
of doing so. We negotiated with that particular vendor and are bringing to
you a proposal that provides what we think is a very good return to the City _
from a financial prospective. Additionally, we think the program as provided
here brings phones back to the community and meets some of those community
related needs that we discussed with you before.
137
Mr. Dawkins: OK, thank you.
Mr. Plummer: Question. Your proposal spoke to 200 new telephones, correct?
Mr. Williams: Approximately, yes sir.
Mr. Plummer: Now, in the backup material which I have here, let me read you
what it says. This agreement will provide the City with an additional revenue
from the public pay phones which is estimated to be 157,389, OK? That's from
the additional two hundred, right?
Mr. Williams: Yes, air.
Mr. Plummer: Wrongs
UNIDENTIFIED SPEAKER: No, no, no, no.
Mr. Plummer: Wrong That's from 349 telephones, which is not what you went
out to bid with. You went out and your bids specifically spoke to 200 phones.
Now, I'm going to tell you something. What this wording is here, I am going
to hold your feet to the fire and I am going to hold Southern Bell's feet to
the fire, I want $157,000 additional revenues from the new 200, not the 149
that they've already got out there.
Mr. Williams: You are absolutely right, Commissioner.
Mr. Plummer: Oh, I know I'm right.
UNIDENTIFIED SPEAKER: No, you are not right.
Mr. Plummer: I'm, not right?
Mr. Williams: Hold on. On the additional revenue, Commissioner, you are
right. The proposal is $157,389 total revenue that we are projecting.
Mr. Plummer: No, it says additional, additional, that's the key word that I
underlined. Your bid spoke to 200 phones, is what you asked our bid on. Your
bid of 200 phones, I am told by this wording, brings in an additional
$157,000.
Mr. Dawkins: Additional means on top of what you are getting now.
Mr. Plummer: Exactly, because you see, you want to talk about a zebra to
oranges, huh? My colleague that got defeated used to talk about chicken salad
and chicken.
Mr. Odio: Chicken wings.
Mr. Plummer: Chicken wings) Now, let's be understanding, because your bid
clearly spoke to 200 additional phones. You're telling me here an additional
$157,000, and I'm telling you Southern Bell ain't going to buy that, because
they can't. They can't, let me tell you something, OK? They can't buy on 349
telephones, $157,000 additional. That means each phone... oh, they won't
guarantee it. They will not guarantee it. Am I right? Excuse me? I'm
right, OK? That means that each phone at 12 percent has got to bring in to
this City $495 a year. No way in hell that's going to happen. That's why
they won't guarantee it. I'm telling you these bids were not Kosher. You
said 200 phones. Now, that bid was not predicated on 200 phones, their bid is
not a proper bid. Tell me I'm wrong, Mr. City Attorney.
Mr. Fernandez: I wish I could, but I've never seen these bids before.
Mr. Plummer: Why didn't you?
Mr. Fernandez: I don't know.
Mr. Plummer:
substance.
The bids didn't go out without your approval ,to;:form and
Mr. Fernandez: Oh, really?
138
,ULY
270
1Q��
•
Mr. Plummer: Isn't that true?
Mr. Fernandeat is it?
Mr. Plummart I don't know.
Mr. Fernandezt Ask Mr. Williams, he'll tell you.
Mr. Plummer: Mr. Williams?
Mr. Williams: That's absolutely incorrect.
Mr. Plummer► What is incorrect?
a
Mr. Williams: That bids have to be reviewed by the City Attorney before they
go out.
Mr. Plummer: Well, if they are not, you're foolish.
Mr. Fernandez: Thank you, Mr. Plummer.
Mr. Williams: Well, Commissioner, we... you're making the City Attorney's
day, Commissioner.
Mr. Plummer: Hey, look...!
Mr. Williams: Let me clear this up for you.
Mr. De Yurre: I'll make a motion that from now on all bids be approved by the
City Attorney's office.
Mr. Plummer: I'm sorry, I didn't hear your comment.
Mr. De Yurre: A motion, all the bids go to the City Attorney's office for
approval.
Mr. Plummer: You mean in the future?
Mr. De Yurre: Yes.
Mr. Plummer: Oh, I second that motion, as to form and legal substance. Yes,
I agree with that.
Mr. Williams: Well then, you know, if you pass that, you might as well
transfer the procurement process to the City Attorney's office.
Mr. Fernandez: No thank you.
Mr. Plummer: No, that's not his job.
Mr. Williams:
Sure it is if you want him to review bid documents, why do you
have a department head...
i
Mr. Plummer:
You prepare them. He reviews them for legal.
Mr. Williams:
Yes, but legal is not the issue, Commissioner, here. We're
talking about
detailed specifications.
Mr. Plummer:
You're talking about a potential lawsuit. -
Mr. Williams:
That is not a legal issue.
Mr. De Yurre:
Well, wasn't there a legal issue about the bus benches, bus
shelters?
Mr. Williams:
I'm not familiar with that one, Vice Mayor.
Mr. De Yurre:
Remember that one a few months ago, bus shelters, whether you
"
could do, what did it mean, and we had two companies bidding and they are in
court right now.
`.
Mr. Williams:
Let me separate the two issues for you.
139 July. 274 19��
Mayor Suarez: Wait a minute, Ron. Wait a minute, Ron, on the issue of that
motion, Commissioners, I think without a formal motion, it makes sense, it
makes sense, let me just suggest something. It makes sense that the City
Attorney's office be consulted on any bid documents that call for that
consideration. I think that there is no need to do a motion on that. I think
there is going to be some that are going to be so simple and so boiler plate
and so constant that it would make no sense and I'd hope that we don't try to
manage here by resolution the City's administrative affairs.
Mr. Plummer: Let me try to make sense for you, that all bids be submitted to
the City Attorney's office for legal substance and form and that the City
Attorney must return those bids with three days after receipt.
Mr. Fernandez: I ...
Mayor Suarez: Like I said, I hope that we don't start by resolution trying to
_ manage the affairs of the City. I think that the City Manager ought to be
encouraged to for any documents that are so complex, and so new and so
innovative or whatever, to use the City Attorney's office to do so. I mean,
that's only logical, that's what the City Attorney's office is for.
Mr. De Yurre: (OFF MIKE) have a motion.
Mr. Plummer: I will second the motion if you'll add to that my amendment of
three days after receipt of ...
Mr. Fernandez: Excuse me, Mr. Plummer, I have to speak against that three
days. It is totally unreasonable...
Mr. Plummer: How about five?
Mr. Fernandez: Five, I can begin to work with five days.
Mr. Plummer: You have five days.
Mr. Fernandez: But then again the issue is not the time constraints, the
issue is that meanwhile, even though Mr. Williams and my department we work
very closely in many issues, there seems to be a definite difference of
opinion between him and I and perhaps this is not the proper forum to address
that, but I cannot go into where I am not invited. I cannot look at a
document that is not submitted to me, because that is not within my purview.
I do not go into the Administration's prerogatives or turf, but I am very
concerned about many of the bids that result in contracts that we get involved
for the first time when the contract comes to us and then we say, what is
this? And at that point in time the bid process is already closed out.
Mr. Plummer: And what I see in the future Mr. Mayor, is that a lot of these
legalities where we get lawsuits about bidding procedure hopefully cold be
short-circuited by going to him first and giving us advice..
Mayor Suarez: Well, but he has an absolute right and the Manager has an
absolute right under our City Charter to have him review any documents of the
City, but for us to try to specify the procedure at this particular point, is
just not good administration and then I have to tell you that I would invoke
the rule on it. Now, if you want to move to have the Manager look at the
correct way of doing this so that we involve the City Attorney, that's fine.
Mr. Plummer: If you're going to invoke the rule, then I will definitely ask
the Manager to come back to us and recommend, OK?
Mayor Suarez: Thank you.
Mr. Plummer: Not 1990, no. Now, let's get back to this one.
Mayor Suarez: And yes, it does make sense to involve the City Attorney's
office for God's sake, on anything that is any kind of document that involves
legalities...
Mr. Odio: We do.
140
July 27, 1989
Mr. Plummer: He's the one that's going to have to defend you if things go
wrong.
Mayor Suarez: And I hope that we don't have interdepartmental rivalries here.
The City Attorney's office should be involved in looking at any documents
that he wants to look at or that he thinks ought to be looked at.
Mr. Plummer: All right, can we get back to this ding -a -ling?
Mayor Suarez: Thank you.
Mr. De Yurre: At the next meeting we will have a report on this situation.
Mayor Suarez: Yes, if the Manager recommends that we have to change the
procedures and do it by an ordinance or a resolution, well, we'll do it, why
not?
Mr. Plummer: Hey, as far as I'm concerned, this bid is not proper.
Mr. Williams: Commissioner, let me clear, let me...
Mr. Plummer: This bid is not predicated on 200 phones as your bids call for.
Mr. Williams: Let me clear the record for you, Commissioner. Firstly, the
City of Miami didn't send this out to bid, all right? What we proposed to you
is you, as you most certainly recall, is that Miami Beach bid this process
competitively, completely within the regulations.
Mr. Plummer: Well aware.
Mr. Williams: OK fine, therefore we came to you in June and asked you to
award as we've done on many occasions, Commissioner Plummer, on many occasions
we asked you to award a bid that had been competitively bid by another
municipality. We've done that with the City of Coral Gables, Dade County.
_ Mr. Odio: Let me say it on the record, because I think it should have been
said up front. This particular package, he can see it anyway. That was
prepared by the City of Miami Beach and he stated that from the very beginning
and all we did is piggyback on their bidding process.
Mr. Williams: Further...
Mr. Plummer: Mr. Manager, Hector, let me see that paper you showed me
yesterday. No, the other one, the one marked from the City of Miami. The one
you got from the City of Miami. Your bid, you got copy of your bids?
Mr. Williams: Sure.
Mr. Plummer: May I see them, please? You had a one sheet. Yes sir, OK, item
number 2 on the bids. Number of stations, annual inter -local minutes,
projected number of stations, 200, period. Period?
Mr. Williams: Commissioner...
Mr. Plummer: Excuse me, this projected return of revenue is based on 349, not
on 200 which you called for. What in effect this was doing was locking in
Southern Bell's 149, that's what it was in effect doing. That's not a fair
bid, Ron.
Mr. Williams: Commissioner, let me explain to you if I may. The number,
Commissioner, and I'd sure that the company that we're recommending could be
500, if this Commission feels that it's appropriate to put 500 phones around
this community in locations that not only bring the City revenue, but provide
convenience for those people who don't have home phones. What we're you
providing you is a... let me finish, Commissioner, please... what we're
providing you is a recommendation based on that projected amount. What I'm
saying to you is that it will be the prerogative of this Commission to adjust,
identify locations, change those locations, add to locations. We are
presently you a proposal based on percentages of return, based on that number
that you see there as projected, we're saying that that potential amount of
revenue inclusive of what we're doing now...
141
July 27R 1989
Mr. Plummer: Ron, you're wrong.
Mr. Williams: ... listen to me carefully, inclusive of what we're doing now,
will bring that kind of revenue in.
Mr. Plummer: You're wrong, 200 additional. Additional is the key wordl
Right here, projected number of stations, 200. That projection of one fifty
seven is not based on 200, it is based on three forty-nine. It is not
additional revenue. That is misleading.
Mr. Williams: Commissioner, let me say this, let me say this...
Mr. Plummer: Hey, I'm going to shut up. Let somebody else around here talk.
That is wrong.
Mr. De Yurre: I move the item.
Mayor Suarez: I think that's my signal to take over and get the item moved.
We have a motion, do we have a second?
Mr. Dawkins: What's the motion?
Mayor Suarez: Moving the item.
Mr. Dawkins: Move it?
Mayor Suarez: Second the item. I second.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: On this issue? We have a motion and a second. He speaks from
over there.
Mr. Plummer: He's here trying to get minority participation.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Because he didn't have time. Southern Bell had two years in
which to prepare their bid. They made their bid predicated...
Mr. Dawkins: And they didn't even prepare one J.L., they went to Miami Beach
and took one. They didn't prepare that.
Mr. Plummer: No, they had two years including Miami Beach, OK? I just...
this thing stinks! It is not honest and above board.
Mr. Williams: Well, Commissioner, that's not true, that is not true.
Mr. Odio: If you think that way, I think you should withdraw this and start
all over again.
Mr. Plummer: Hey, Cesar, you tell me where I'm wrong.
Mr. Odio: Withdraw it, I withdraw the item. If you feel that way,
Commissioner, I'm withdrawing the item.
Mr. Williams: I need to say for the record that I completely disagree with
that position, Commissioner Plummer. This process is completely above board
and I assure you that within the confines of anything we bring to you, it's
above board, I just need to say that for the record.
Mr. Plummer: Ron, you and I are friends and we're going to stay friends.
Mr. Dawkins: OK, Mr. Williams, I agree with you, I know it was above board,
but still does not... Mr. Manager, will your gu,rs listen to me over there?
Are you guys ready to listen to me? Thank you. Mr. Williams, I agree with
you, it was above board and I do not believe in wny way that Southern Bell
intended to do anything wrong, but I still have to go along with Hector when
he says that there is no minority participation. Now, and if you... and I
told you before this come up here that in the event that there was minority
participation, I could go along wj..h it, OK? But instead you guys come back
up here with the same proposals, no minority participation, and I told you
142 July 27, 1989
_ before you came up here, that unless, and it don't have to be him, I don't
care who it is, unless there was minority participation, where you gave the
minority 20 percent of it, whether it was the old phones, the new phones, or
phones coming in the future, you'd have me. You all didn't do that!
Mr. Williams: OK, then let me...
Mr. Dawkins: No, no, the Manager withdrew it, ain't nothing I can do now.
Mr. Williams: Well, let me just give you additional information to address
that particular concern. Firstly, Commissioner, you gave us 30 days to come
back to you with a recommendation. We'd responded to your request. Secondly
we told you before and I say to you again, this is not an exclusive contract.
We are most certainly here welcoming additional minority or any other firms
that will come in, provide us with common percentages to revenue, so that the
City will receive the revenue that we're proposing and we will identify
locations within the City.
Mr. Dawkins: And what was my answer to you sir?
Mr. Williams: Your answer was that you wanted minority participation, as I
recall it, Commissioner.
Mr. Dawkins: Now, I told you give them 20 percent of the present phones and
you give Southern Bell the new phones, didn't I tell you that? Don't wait to
give the minority the 20 percent of the new phones, I mean, I'm not
accomplishing anything.
Mr. Williams: Commissioner Dawkins, you are most welcome at this point to
expand this proposal, here, now, this minute.
Mr. Dawkins: I'm not going to expand this proposal. If I vote on this
proposal, you will take a portion, if I vote on it, a portion of this proposal
and give it to the minority and tell Southern Bell you can have that same
amount of new phones. I mean, it's just that simple. That's my vote now.
Mr. Plummer: Well, my problem I guess, is through a bidding procedure. How
do you go back and negotiate after the bids have been received. I'd rather
throw it out and rebid it.
Mr. Dawkins: Throw it out.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, it was a bidding procedure, but you didn't have any other
bids.
Ms. Hirai: Mr. Williams, please on the microphone.
Mr. De Yurre: Why don't you go ahead, Hector.
Mayor Suarez: We have a motion and a second. Why don't we let the gentlemen
speak, sir.
Mr. Hector Gasca: OK, my name...
Mr. Plummer: See, one of the problems we got, Mr. Mayor, is the fact that the
149 phones are under a present contract and of course they're giving us a big
six percent, you know, and we can't do anything about that for how many more
years. See, they've got a lock on it.
Mr. Milton Mathis: Those phones are not under contract, sir.
Mr. Plummer: They are not at all?
Mr. Mathis: They are not at present.
Mr. Plummer: Are you with us, or are you with Southern Bell?
Mr. Mathis: I'm with Southern Bell. My name is Milton Mathis, I'm marketing
manager with Southern Bell.
143 Julv 27. 1080
Mr. Plummer: You came awful quick. Out people don't come that quick.
Mr. Mathis: OK.
Mr. Plummer: Are you saying then...
Mr. Mathias That's because we are usually hurting,
Mr. Plummer: ... under the circumstances that we can go back out immediately
and bid out 350 phones? Can I do that?
Mr. Williams: If you are asking me, you most certainly can...
Mr. Plummer: I was told that the 149 phones were under contract for an
additional amount of years and you're telling me now that's not true?
Mr. Mathis: No, we... Commissioner, we went in...
Mr. Plummer: Excuse me, that's not true?
Mr. Williams: I don't know where you got that, but that's not true.
Mr. Plummer: OK, so what you are then saying to me, that tomorrow we can go
out with a bid for 350 phones?
Mr. Williams: Sure.
Mr. Plummer: OK, that's what I think is fair. Give them 90 days to come back
and to respond and you know, if Souther Bell is the winner, so be it, but at
least go apples to apples.
Mr. Odio: Yes, but Commissioner, I think we have to clarify the record that
what you said, that this was not done above board, and it has to be clarified.
If you feel that way, I'd like to withdraw this item right now and start all
over again.
Mr. Plummer: Mr. Odio, let me then apologize for the terminology, which you
and I have that is different. What I meant, not above board, it was not
comparing apples to apples. The 149 phones were already locked in. The 200
additional is what I was arguing about. I did not infer that there was
anything sneaky, sleazy or crooked. I'm just saying I was trying and I could
not equate apples to apples.
Mrs. Range: Well does anyone agree that a mistake has been made? If there
were 349 phones to begin with and now you're saying that the additional
revenue estimated to be $157,389, then if this is an additional revenue, I'd
like to know what has the revenue been prior to this time, that you plan to
add this $157,000 to?
Mr. Williams: For the full year 1988, Commissioner Range, the total revenue
to the City was $18,682.
Mr. Plummer: Six percent.
Mrs. Range: $18,000.
Mr. Williams: $18,682.
L
Mrs. Range: And you expect now with 200 additional phones, to...
Mr. Williams: To increase that to $157,389.
Mrs. Range: Oh, to increase that. That isn't what this says.
Mr. Plummer: No, no.
Mrs. Range: It says additional.
Mr. Plummer: That's included in the $157,000.
Mrs. Range: So that should be $18,000 X numbers of dollars plus $157,000.
144 July 27, 19,9
s
Mr. Pluromart That's part of it.
•
Mr. Williamst No, plus one thirteen, Commissioner Mange.
Mrs. Range: What is its
Mr. Williams: The fiscal year 188 revenue was $180882: The new additional
revenue, Commissioner Plummer, $113,000...
Mrs. Range: No, but it doesn't say that here.
Mr. Plummer: That's right.
Mrs. Ranges It doesn't may that really.
Mr. Plummer: The additional revenue is $113,000.
Mrs. Range: It says $157,000.
Mr. Plummer: It is not $157,000.
Mrs. Range: Because if it were $157,000, how much did you say it was in 1988,AL
$18,0007
Mr. Odio: $18,000.
Mr. Mathis: $18,000 in 1988.
Mr. Plummer: $18,000.
Mrs. Range: $18,000, so you'd need to add the $18,000 to the $157,389 to come
up with a true figure.
Mr. Odio: No, what they are saying...
Mr. Mathis: First of all, let me just speak on Southern Bell's behalf.
Mrs. Range: But then that isn't what it says here. Then I think somebody
needs to admit that this is in error, either in judgement or in planning or
something, because an error has been made.
Mr. Plummer: Mrs. Range, let me make this observation to you. That means
nothing. That is projections. It means nothing. It is not a guaranteed
source of revenue that you can bank on. That is their projection. In my
calculation that means that they have to come up with $495 per phone of 12
percent per year. If it falls under that, the revenue is down. There is no
guarantee.
Mr. Williams: Commissioner, what we are guaranteeing is that the increase,
the revenue will exceed $18,000 at no cost to the City.
Mr. Plummer: Absolutely no question, but don't come telling me one hundred
fifty-seven, that's a misleading figure.
Mr. Dawkins: When you say no cost to the City, Mr. Williams, who will pay for
the installation in the roadway of these phones, and no expense to the City at
all? OK, so what you are saying Mr. Williams is that you'll let them have the
149 phones and you'll go out for the additional phones, reserving 20 percent _
for minorities, is that what you are saying?
Mr. Williams: Yes, Commissioner, we'd be happy to do that. We would hope
though, respondents would provide us with at least common percentages and...
Mr. Dawkins They will respond, we will give you anything you ask for, I will
guarantee you that, air.
Mr. De Yurre:
If...
Mr. Williams:
Mr. De Yurre: I'm saying so they can keep their 200, just add 20 percent on
top of that and put 240, if we are going to reserve 20 percent for minorities.
Mr. Plummer: Yes, there's only problem with that, OK? - and that's key
locations.
Mr. De Yurre: Well, I'm sure you are going to find 240 key locations and they
can work something out.
Mr. Plummer: Not necessarily.
Mr. Mathis: You can put a phone next... we welcome competition.
Mr. Plummer: Oh, you are awful great in your generosity, OK?
Mr. Mathis: No, sir.
Mr. Plummer: When you put an AT&T in, you don't want the two there together,
OK? What we're saying is, we want one. That's what we are saying. We
understand that you don't have an exclusive right. You understand that. You
know, I would feel differently, I guess, if you would guarantee me X number of
dollars, but you're reluctant to do that and your reluctance has to tell me
that it is based on the fact that you might not do it.
Mr. Mathis: Well...
Mr. De Yurre: Well, that's based on the fact they might put another phone
next to them that's compete directly with them.
Mr. Mathis: To be quite honest, you know, I'd like to speak on Southern
Bell's behalf and I'm glad, Commissioner Plummer, you cleared up the part
about the underhanded...
Mr. De Yurre: Excuse me a second, because he's been asking to speak for a
while and let's hear from him. Go ahead sir. Name and address, please.
Mr. Gasca: My name is Hector Gasca, 414 Aragon. I'm talking on behalf of
Mrs. Lillian White, who couldn't be present. Most of the issues that we have
here are contained and have been told already by the Commissioner Plummer and
Commissioner Dawkins. I would like to add to this that on several occasions
I've been talking to Mr. Figueredo about this, they are very interested,
Southern Bell is very interested and it's losing $50,000 every month because
of the delay of this business. I talked to them and I say, listen, we are a
minority company, a small company, licensed in the City of Miami, we would
like to have a little piece of action. What your big companies not, generous
enough for giving us a piece of action on this, like 20 percent of the new
phones, whatever they want. They say they can't do it because this is on a
special contract, that I can't understand what is special. This is a bid
process and the resolution of the City projected and the City Manager's memo
calls this bid and this is not legally a bid, there is no contention for
minorities.
Mr. De Yurre: Is the person you are representing in a position to cost the
installation and all that up front?
Mr. Gasca: Yes, of course. Every phone that the private pay phone places in
anywhere has to pay for everything.
Mr. De Yurre: OK, let me ask, did you meet with the Administration at all on
this?
Mr. Gasca: We talked the day of the bids, there were three pages of bids.
Mr. De Yurre: OK.
Mr. Gasca: And we told him that we were going... he asked us if we had any
questions, and I say, no, we have to run and work.
Mr. De Yurre: And what happened, did you bid on it?
Mr. Gasca: We had only six days for this, from the day we got the meeting and
we received the letter... this letter is dated the 20th, it was faxed to us on
146 July 27, 1909
W
W
the 21tet and the meeting was on the 22nd and the 22nd they gage us the three
pekes of the regulations. We thought that we could make it, but then we
started to looking at some contradictions like, you know, this stuff that the
resolution previous of the Commission, they called the $157,000 and Southern
hell referred that to 349 phones and then they want the bid for 200 phones.
Mr. De Yurre: Let me ask this, is there any problem with going ahead with
Southern Bella 200 and then giving ... if the numbers match up, giving theta
the choice of 40 locations and they can put them anywhere they want.
Mr. Williams: We support that, Vice Mayor.
Mr. De Yurre: Does Southern Bell have any problems with that?
Mr. Mathis: Our proposal is for 349 stations.
Mr. De Yurre: OK, I'm talking about... you are talking about an additional
200 right now,
Mr. Mathis:
200.
The additional 200, we have no problems approving our additional
Mr. De Yurre: So you got no problem with a minority company or any company
coming in for 40 additional phones and if the numbers pan out with the City
and the City Administration recommends it, that they be able to locate
anywhere in the City.
Mr. Mathis: No.
Mr. Gasca: You are taking 200 phones after, I mean, additional phones...
Mr. De Yurre: We are talking about your piece of the action that you are
talking about.
Mr. Gasca: OK, from the 40 phones.
Mr. De Yurre: 40 phones. You get 40.
Mr. Gasca: From this 200.
Mr. De Yurre: They get 200, you get 40.
Mr. Gasca: Yes, but you know, they got a bigger staff, they been working with
the City for the locations and they got the best...
Mr. De Yurre: You have the choice locations if you match up with their deal.
Mr. Gasca: from the location they had...
Mr. De Yurre: What locations do you want? Whatever location you want. You
pick them.
Mr. Gasca: OK, I pick anything from the list.
Mr. De Yurre: Pick from the list.
Mr. Gasca: Would be beautiful.
Mr. De Yurre: OK.
Mr. Gasca: I'm
Mr. Mathis: No, not from our list. Our 200 list we want to 'stand by. `- We
stand by our two, we com...
Mr. De Yurre: Well, but we are saying, you said you had no problem with them
being right next to you.
Mr. Mathis: No, we have no problem being next to us, no, I don't.
Mr. De Yurre: Well then, no problem.
147 Ju'lq 27<, "5989
i,
Mr. Mathis: OK, fine, so long as you approve our 200 locations, we have no
problem.
Mr. De Yurre: OK, you got your 200 and they get their 40, they can go
anywhere they want, if their numbers pan out and the Administration recommends
it* OK?
Mr. Gasca: OK.
Mr. De Yurre: Great.
Mr. Fernandez: Then are you going to have two equipment, one next to each
other?
Mr. De Yurre: If they so desire that location...
Mr. Gasca: I mean this is something ridiculous, I mean, Southern Bell can
afford to put their phone and lose money, I mean if they are going to place a
phone in my phone, I mean...
Mayor Suarez: Well air, that is the problem of many, many industries. If
somebody has economy to scale, they might be able to come in more
competitively and I don't why you didn't participate in the bidding. Did we
establish why he didn't participate?
Mr. De Yurre: Well, he just didn't have time from what I hear. I don't know
if that's the case from the Administration's point of view.
Mayor Suarez: Did he receive, did his company receive notice, or did he
contact you or did he negotiate with the City?
Mr. Williams: Most certainly, Mr. Mayor. Per your direction after the
meeting, we did contact several vendors of course. His program was one of
them. We met with them in my office...
Mayor Suarez: Wait no, that answers it, that answers it from my perspective,
at this point, Mr. Vice Mayor, unless you want to try something else, it is
one of two things. Either we are going to go with your compromise proposal,
assuming it's legal...
Mr. Fernandez: Well, the...
Mayor Suarez: ... or we are going to defer action on the item and that's
going to be the Chair's prerogative. We've got many, many other items here
today.
Mr. Plummer: What's the com...
Mr. Fernandez: Southern Bell's agreement is non-exclusive agreement, so
really they cannot be heard to complain that one, two, three or other
companies go around them.
Mayor Suarez: OK, I just want to clarify that it is legal to do what the Vice
Mayor is proposing. Politics is the art of compromising and this Commission
has to move on to many other items. Commissioner Plummer, the idea would be t
that they would continue to have their 200 locations in addition to the 149.
This company would receive a total of 40, subject to the Manager's {
supervision, that they could place anywhere they want, including right next to
theirs.
Mr. De Yurre: I want to amend, Mr. Mayor, by saying the following. Southern
Bell is getting 200 locations and I would suggest then, provided, and there
has to be a time period for them to come through with this. If within 90 days
they haven't come through with it, then you know, they're out. But I would
suggest then of the 200, that they get first crack of 20 of your 200, OK, ten
percent.
Mayor Suarez: OK, now you've got a variation. Out of your 200, they would
get first crack at 20 out of your 200.
Mr. De Yurre: At 20, and they get first crack.
148
i
Mr. Mathis: They can get first crack at any of them, provided...
Mr. De Yurre: No, but only them, they stay there, OK?
Mr. Mathis: Exclusive? Well, you've going to give them an exclusive
arrangement, but not us, and I really don't think that's fair.
Mayor Suarez: No, nobody is giving exclusivity, is the problem, Commissioner.
Mr. Mathis: If he has first crack at 20 and I can't put next to him, that's
exclusive.
Mr. Fernandez: Correct.
Mayor Suarez: You can't take it away from one and give it to the other.
They're not going to have exclusivity rights. Go with your proposal or else
we are going to have to table the item. J.L., do you want to...?
Mr. De Yurre: Let's go with the other one, then.
Mr. Plummer: Mr. Mayor, let me come at...
Mayor Suarez: If not, we're going to defer action on the item.
Mr. Plummer: Can I come at it from a different aspect?
Mayor Suarez: Try anything at this point.
Mr. Plummer: I would like to award that to Southern Bell which is outlined
here, even though I'm not that happy with it, but I don't think it's fair. I
would like... I could feel more comfortable with Hector having up to 100
phones within six months and he guarantees the 12 percent return the same as
what they do. If he can't produce them in six months, then whatever number he
has at that level, that's the end of it, but he must produce the same revenue
as what Southern Bell is producing.
Mr. Mathis: Commissioner Plummer, may I just speak on Southern Bell's behalf?
First of all, I want to clear up the issue about not being above reproach and
there was some underhanded things, and I think you sort of cleared that a
little bit, it cleared your position.
Mayor Suarez: Yes, I think that's been clarified.
Mr. Mathis: But we have a proposal that we submit to the City on June 6th and
this is our document on June 6th, which is... in about ten minutes after I
walk out of here, I will provide each Commissioner with a copy of this. It
clearly details the 149, it separates the 149 and the 200 additional new
phones. It clearly does that. Now, there's one thing and you mentioned Our
hesitancy to guarantee the $157,000. That's one thing I can't guarantee the
City. Since we last came here on June 7th, we made an offer on those 149. We
are going to raise the rates which by the way, it's not six percent, it's
eight percent, plus you also get a three cent per minute of use and I don't
want to get into the terminology, but there is some percentage we pay you on
inner -ladder carriers that's greater than the 12 percent you are even talking
about here. Now, with that in mine, but I can't guarantee you since June 7th
meeting, the one thing the City has left on the table is $4,200. That's
guaranteed, because we were going to immediately raise the rate on your 149
stations, so I guarantee you left $4,200 on the table right now and if this
action is delayed and from my perspective as a taxpayer, I don't see how you
guys can be accountable to the taxpayers from a standpoint of leaving
guaranteed money on the table on a nonexclusive basis and each month that goes
by without us installing that one additional phone, you lose $2,100, bottom
line.
Mr. Plummer: On each phone?
Mr. Mathias No, total revenue per month to the City.
Mr. Plummer: Oh, oh.
Mr. Mathis: I will mail you a check for an additional $2,100 on the average
per month, total.
149
C, z
,July 27, 1900
•
Mr. Plummer: Well, I've offered my compromise, I think In fair.
Mr. De Yurre: I second.
Mayor Suarez: The problem with that is that I guess is it's not unacceptable
to Southern Bell, then we're back where we started from.
Mr. Plummer: No, Hector is not getting exclusive. No, no, he's not getting
an exclusive, neither are they.
Mr. Mathis: I don't care as long as you don't give him the exclusivity.
Mr. Odio: They don't care.
Mr. Mathis: It is acceptable as long as you don't give them the exclusivity.
Mr. Odio: They don't care if they put 500 phones.
Mayor Suarez: And what is up to, 100, for how many...?
Mr. Plummer: Whatever he can install in six months at the same rate of return
to the City.
Mr. Dawkins: I need one thing...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: ... made clear to me by anybody. Why did the figure, one
hundred and some thousand dollars be included when the actual take is $18,000?
Mr. Odio: No, no, what happened is in 188 we made $18,000. Now, they are
proposing that we will make up to $157,000.
Mr. Dawkins: He just said... well, they are not saying that!
Mr. Mathis: Yes, we are saying that sir. Again, on June 6th...
Mayor Suarez: Is that a projection?
Mr. Mathis: That is a projection, sir, but again, what is not a projection,
is the $4,200 that I know that's still in Southern Bell's bank account that
could have been in the City of Miami's bank account if this was approved on
June 7th.
Mr. Dawkins: But if I take your $4,100, I don't stand a chance of getting the
$157,000.
Mr. Mathis: That's not true, sir.
Mr. Dawkins: Why?
Mr. Mathis: That's not true. We made one proposal to the City and it is
documented in our June 6th document, again and it separates the 149 existing
telephones, which by the way, you got $18,000 in 1988 and in my June 6th
proposal, we outlined that the difference in the new Commission that you would
get is $43,000 based on the 149 stations, but...
Mr. Dawkins: Oh, the hundred and fifty some thousand dollars is over the five
lease of the five year...
Mr. Mathis: No sir, it is not. No sir, the $157,000 comes in after we add
the 200 additional stations, OK?
Mr. Dawkins: And it's going to jump from one hundred forty-nine to...
Mr. Mathis: OK, there's two reasons the take is going to increase. Number
one, we're going to increase the rate. Presently we're paying you eight
percent. We're going to raise that to 12 percent. So, without us doing one
_ thing, without us doing one thing by just the mere fact of raising our
rates...
Mr. Dawkins: All right, hold it right there now. OK, you're now paying eight
percent.
Mr. Mathis: Correct.
Mr. Dawkins: And we are getting, how much are we getting?
Mr. Mathis: You are getting eight... you got $18,000 in 1988.
Mr. Dawkins: All right now hold it. So, eighteen and eight, and you are
going to go to twelve and a half of eight is four, and a half of that is
seven, so that's $21,000.
Mr. Mathis: Sir, in addition to the eight percent, you also get three cents
for inter -ladder minute of use and I'll be glad to try to get it into
telephone needs if you'd like me to, but I really don't think you have the
time for that and I don't think you want the time for that, but, we are paying
_ you based on inter -ladder minutes of use, that AT & T type calls, Sprint or
any area exchange carrier.
Mr. Dawkins: Well, I'll tell you what, I'll take a day for you to explain.
Mr. Mathis: And today's Thursday.
Mr. Dawkins: No, no, I'll take a day and you can sit down and explain it to
me, one whole day, OK, thank you.
Mr. Mathis: I'll be happy to call your office and make an appointment.
Mr. Dawkins: OK, thank you.
Mr. Plummer: Just for the record, I think it needs to be said that this great
generosity in the $157,000 they are offering us a year, they are taking in,
$1,381,600. Great generosity!
Mayor Suarez: That's the total revenues and that's what the percentage
applies to it comes out to be, I mean.
Mr. Plummer: Heh! If $157,000 is 12 percent, all you got to do is multiply it
by 88. That's what they are taking in.
Mr. Mathis: I feel compelled to respond. That figure is incorrect. Mr.
Williams advised me not respond? That figure is incorrect. Again, the day I
make the appointment with Mr. Dawkins, I think I also need to take day to
explain to you, Mr. Plummer.
Mr. Plummer: But don't call collect.
Mayor Suarez: OK, I gather that if we're going to make all these
appointments, we're going to defer action on this matter, hopefully the next
time it comes before us...
Mr. Gasca: Mr. Mayor...
Mayor Suarez: No, no! The next time it comes before us, Mr. Manager,
hopefully it will come in a form that we can readily approve because otherwise
we are going to be at this forever on this one item. It's unfortunate to
have... I have no problem, I'll go with any motion that anybody makes right
now that makes any kind of sense.
Mr. Plummer: I made a motion.
Mr. Dawkins: I'll go with J.L.'s, I'll second J.L.'s motion.
Mayor Suarez: What is your motion?
151
6; Mr. flutaer, The motion is that they get the award as outlined with the J49i
this company here gets the right to go up to, not to exceed 1106 lonat ons,
�without a six sonth period that they taust return the same rate of ratulis ' as
ry Southern #fell.
Mayor Suarez: OK, moved and seconded.
Ell I
Mr, asses: Now, excuse me...
Mayor Suarers No sir, we're not going to take any more input. Mr City
Attorney, would that be legal?
Mr. Fernandez: Well, I need, I would like to take a look at the contract
that's been offered by Southern Bell to insure that the non`exclublVity Of it
is really laid out, because that seems to become the issue.
Mayor Suarez: With that proviso and that assumption that...
Mr. Fernandez: That you would pass your resolution subject to City Attorney
approval, please.
Mr. Plummer: And for the record, Southern Bell has stated on the record that
they have no objections to that motion.
Mayor Suarez: You still want to have another look at or something? OK, so
moved and seconded? Any further discussion? If not, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-712
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY FOR A PERIOD OF FIVE (5) YEARS FOR
THE IMPLEMENTATION OF A CITY-WIDE SIDEWALK TELEPHONE
PROGRAM WITH IDENTICAL TERMS AND CONDITIONS AS
CONTAINED IN AN EXISTING CITY OF MIAMI BEACH CONTRACT
WHICH WAS AWARDED AFTER A COMPETITIVE PROCUREMENT
PROCESS CONDUCTED BY THAT MUNICIPALITY.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES:
None.
ABSAKv
None.
v
Wit
i'Y"
j fi
N
_
a
gm
.Uagdua ._•.Iit4`.W+.:.br-iir- —..-r--.rW.a. +.— -.—r-...w.�-----------A..—���.����.rr.a..ra..i..Y. Wisir.r
IS. SnCUn AMENDMENT To CONTRACT WITH CONS=%, INC. - to provide Citywide
drug screening services. (Testing)
a:as—a...r..r.+`r+.—..........—.:...�—was-------------- ..i.-----..—�—..�...—..r....—...o......�....r�.r.
Mayor Suarez: Item 17.
Mr. Odiot This is to provide citywide drug screening services for one year
period, the amount of $71,500.
Mr. Plummer: May I just have a quick question? Why would this same service
not be provided where we are having the physical examinations done? I mean,
why do we have to get a policeman or fireman out of service twice when he goes
to have his physical examination he could have the drug screening done at this
time.
Ms. Rene Jones: Commissioner Plummer, this facility travels to Mercy to
collect the specimens so it is done at the same site.
Mr. Plummer: But why wouldn't you have Mercy do it, as I guess the answer?
Ms. Jones: Mercy does not have the capability to perform it.
Mr. Plummer: That's the answer, thank you. I move 17.
Mrs. Range: Second.
Mayor Suarez: Moved and seconded. Any discussion on 177
Mr. Dawkins: Yes, I'm tired of fighting it.
Mayor Suarez: If not, call the roll on 17.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-713
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE EXISTING
CONTRACT WITH CONSULAR, INC., IN SUBSTANTIALLY THE
FORM ATTACHED, TO PROVIDE CITYWIDE DRUG SCREENING
SERVICES FOR THE DEPARTMENT OF PERSONNEL MANAGEMENT
FOR THE PERIOD OF ONE YEAR AT THE SAME PRICES, TERMS
AND CONDITIONS OF THE EXISTING AGREEMENT AT A PROPOSED
COST OF $71,500; ALLOCATING FUNDS FROM BUDGETED FUNDS
OF THE CITY'S ADMINISTRATIVE DEPARTMENTS AND FROM
SPECIAL PROGRAMS AND ACCOUNTS, 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 Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
.153
r
•
i
717.— — — — — — — — — — — — — — — — — -- — — — — -----...r—r.—.r—.r...r..i...
26. ALLOCATE FUNDING FOR ESTABLISHMENT OF A YOUTH CRIME AND DRUG PAEVM;TION
SOCCER LEAGUE - No sworn officers to participate in program.
..— ------r --------- ------.��N�r.rw.���.rr��...Sri.r.....r�+�.r.�..tia..rw.w.c.a.a•
Mayor Suarez: Item 18.
Mr. Plummer: Oh hol
Mr. Dawkins: Yee heel
Mr. Odio: This allocating $92,710 for the establishment of a youth crime and
drug prevention soccer league.
Mr. Plummer: Let this be the first of many, I move it.
Mayor Suarez: Moved.
Mrs. Range: Second.
Mayor Suarez: From the Law Enforcement Trust Fund. Seconded. This is a
creative way of using Law Enforcement Trust Fund.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Provide me with a list of the personnel you are going to hire
and the amount of money you are going to pay them. That's all.
Mr. Plummer: I'm going to put a proviso in here that no sworn officers
participate in this program.
Mr. Dawkins: Then I don't think you can get the LEA money, J.L.
Mr. Plummer: Oh, sure you can. When I say participate, I mean salaried as to
instructors or things of that nature.
Mr. Dawkins: Oh, OK, all right, OK. OK, I hear you.
Mayor Suarez: I was wondering what you meant by that.
Mr. Plummer: They can participate, I mean, they can be involved voluntarily.
Mr. Dawkins: OK.
Mrs. Range: Where will these youngsters be recruited from? Can anybody
answer that question?
Mr. Dawkins: Supposed to be from Little Haiti and Edison and that area and
all the rest of the City, supposedly.
Mrs. Range: Very good.
Mr. Dawkins: I don't know, Mrs. Range, you have to get it from the
Administration over there. s
Mrs. Range: Mr. Odio, do you agree with what Commissioner Dawkins said, that
they were...
Mr. Odio: It's a citywide program, yes.
Mrs. Range: Citywide.
Mr. Odio: Yes.
Mayor Suarez: Presumably reflecting more of our target areas?
Mr. Chip Landrau: Yes sir, it's from the Cosmopolitan Soccer League located .
at 8224 NE 2nd Avenue.
154 July 27=, 1949.
Mayor Suarrest OK, any...
Mr. Pluaauert That's citywide in the north end of town?
Mayor Suarest Well, it's got to be located somewhere, you know.
Mr. Plummart Yes, but it would seem like to me that if you got a program auth
as this, you'd put it in the center of the City if it's citywide program.
Mr. Odio: They originated the program as you asked, we wanted to help them
out, we feel that it's a good program, we will ask the Police Department.
Mayor Suarez: It did originate in Little Haiti.
Mr. Plummer: OK.
Mayor Suarez: OK, if there is no discussion, we have a motion and a second,
Madam City Clerk?
Ms. Hirai: Yes, sir.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
i
"i
A RESOLUTION ALLOCATING FUNDING FOR THE ESTABLISHMENT
OF A YOUTH CRIME AND DRUG PREVENTION SOCCER LEAGUE, AT
AN APPROXIMATE FIRST YEAR COST OF $92,710; FUNDING TO
BE PROVIDED FROM THE LAW ENFORCEMENT TRUST FUND; —
CONDITIONED UPON THE ADOPTION OF AN APPROPRIATIONS
ORDINANCE TO PROVIDE FUNDING FOR THE HEREIN PROGRAM, _
UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF
POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote: -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
RESOLUTION NO. 89-714
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
27. AUTHORIZE PURCHASE OF TWO MOBILE DRUG PREVENTION EDUCATIONAL UNITS
($160,000) - from. Law Enforcement Trust Fund.
-------------------------------------------..-..----------------- --- ---
Mayor Suarez:
Item 19.
Mr. Dawkins:
Move it.
5`
Mayor Suarez:
Moved. Mobile drug prevention educational units.
Mrs. Range:
Second.
Mayor Suarez:
Seconded.
4-`
Mr. Dawkins:
Under discussion.
15Jul 7 IT;: ` gagt e
.
y,
:s
Mayor Suarez: From the Law Enforcement Trust Fund, another creative
expenditure.
Mr. Dawkins: Under discussion. Mr. Manager.
Mr. Odio: Yes.
Mr. Dawkins: One of these units is to operate in Overtown and Liberty City.
The other unit is to operate in Little Havana and Flagami area. The urban
League is going to be the operating entity in Liberty City. I understand that
you are trying to negotiate with Orlando Urra to be the...
Mr. Odio: Allapattah, yes, sir.
Mr. Dawkinst ... Allapattah district?
Mr. Odio: Yes.
Mr. Dawkins: OK, now. I'm passing this, but I need to sit down, let you tell
me what you're buying and what have you, OK?
Mr. Plummer: Well, no, I got to ask a question. What are you buying for
$80,000 a unit?
Major Ivan Fernandez: Commissioners, I'm Major Ivan Fernandez from the Police
Department. Orion II mobile home type vehicles, about 34 feet in length each.
Each of the vehicles will be equipped to handle classroom situation inside. In
addition to that, they'll have displays inside, video presentations, slide
presentations, etc.
Mr. Plummer: $80,000 a unit.
Mr. Dawkins: J.L., what they explained to me was that this would be two
mobile type home units and in it will be displayed all the drug paraphernalia
and that it will travel around the neighborhood where parents who do not know
what the drugs look like will be made familiar with it, where you could be
made familiar with it and according to what they told me now...
Major Fernandez: Yes, that's not just parents, but children, school children,
everyone.
Mr. Dawkins: And they going to try to shock the youngsters away from it by
displaying pictures of guys who have been shot, and etc. and etc. and that's
what they told me, J.L.
Mr. Plummer: Miller, I have no problem, I think it's a great program. I just
say $80,000 a unit, I mean, you know, they must be buying a Rolls Royce!
Mr. Dawkins: No, just a little old Dodge mobile home.
Major Fernandez: Commissioner, the cost includes maintenance for the first
year and the additional props, so to speak. The $80,000 per vehicle includes
everything, not just the vehicle itself.
Mayor Suarez: Thank you, Major. Mr. Fair, do you want to address this?
Mr. T. Willard Fair: It's not necessary, Mayor.
Mayor Suarez: Why is this response that I've gotten today?
Mr. Dawkins: I's been moved. Call the roll.
Mayor Suarez: We have a motion and a second. If we have no further
discussion, call the roll.
(AT THIS POINT THE CITY CLERK BEGAN ROLL CALL, BUT IT WAS INTERRUPTED BY THE
FOLLOWING DISCUSSION:)
Mr. De Yurre: Just out of curiosity, was it $80,000 a piece?
Mr. Dawkins: Yes.
156
§ f
Mt. Plummer: $80,000 a piece.
Mr. De Yurret What's in theft
Mr. Plummert Gold.
Mayor Suarest Just had that explained,
Mr. Odio: That does include operations for a whole year.
Mr. De Yurre: Operations? How much does the van, or the mobile, or whatever?
Mr. Plummer: No, no, you are going to have policemen in there to boot.
Major Fernandez: I don't have the breakdown.
Mr. Plummer: Right?
Major Fernandez: I'm sorry?
Mr. Plummer: You are going to have policemen in there to boot.
Major Fernandez: Yes.
Mr. Plummer: See, then you take...
Major Fernandez: But I'm not talking about salaries for the policemen. The
$80,000 per unit includes all of the props, all of the displays, the video
equipment, the slides, the whole works and operation for the whole year, per
unit. The $80,000 per unit includes that.
Mr. De Yurre: Not manpower.
Major Fernandez: No, sir, not manpower.
Mr. De Yurre: That does include gasoline.
Major Fernandez: Yes.
Mr. Plummer: Yes, at the City pump.
Major Fernandez: No, the first year we'll be able to buy the gasoline out of
the $80,000.
Mr. Plummer: Mr. Manager, you are going to be hard pressed to convince the
public this City has got a tight budget.
Mr. Odio: This is not coming from the City budget, this is coming from
confiscated drug money.
Mr. Plummer: Are they different dollars? I mean, are they... they're not
green?
Mr. Odio: Yes, they are confiscated drug monies and I don't think there is a
better use for drug monies than to combat drug abuse.
Mr. Plummer: I agree with you, I am wholeheartedly in support of the program.
Make that clear. My history tells you. I'm saying that in my estimation
$80,000 for an RV is out of question.
Mr. De Yurre: What happens in the second year?
Mr. Plummer: Well, they'll need new ones.
-
Major Fernandez: We will not be able to use
Law Enforcement Trust funds to
maintain the vehicles after the first year.
Mr. De Yurre: Where is it going to come from?
Major Fernandez: The second year it will have
to come out of operating funds.'
�>
Mr. De Yurre: And do we have $160,000 out of
operating funds for tltiat?'
'r
157
July $7, 190
Major Fernandez: No, air, the cost for fueling and maintenance is all that
we'll have to worry about after the first year.
Mrs. Range: But you are not going to buying a new van every year.
Major Fernandez: No, Ma'am. No, these vehicles should last quite a long
time.
Mr. De Yurre: OK, aside, how much of the $160,000 is capital?
Major Fernandez: I don't have the absolute figures in front of me. Let me
give you some estimates.
Mrs. Range: Whose budget does it... oh, you said it comes from confiscated
drug monies.
Mr. Odio: Yes, Commissioner.
Major Fernandez: All of the... the source is all Law Enforcement Trust Fund.
It's all confiscated drug monies.
Mrs. Range: All confiscated drug monies.
Mr. Plummer: Mr. Manager, are you aware that if you go from a 34 foot RV to a
30 foot, you are down under $50,000 instead of $80,000?
Mr. Odio: I don't know about the RV's.
Mr. Plummer: I'm beginning to wonder if anybody does.
Mr. Odio: Those are...
Mr. Dawkins: But there is a possibility, isn't there, Mr. Manager, that there
— will be private funds or else other funds from the government or something to
operate this if we get a viable drug program? So there will be operational
funds somewhere out there in the Federal Government somewhere, is that right?
Mr. Odio: We will try to obtain that, yes, and we have a whole year to do
that.
Mrs. Range: Mr. Mayor, we've tried almost everything else. I think anything
that can be proffered to increase the interest of our young people to stay
away from drugs is actually needed and when you stop to think that we are
burying young people day after day after day because of their ignorance as far
as drug use is concerned then $80,000 is not an awfully high price to pay and
I feel that we spend the money for things that are far less important than the
lives of our young people and I would certainly be in favor of this.
Mr. Odio: Commissioner Range, and to add to what you just said, I've been
doing a study on that and one prisoner cost the State of Florida, or us, which
we are taxpayers, $30,000 a year. One prisoner costs that much. I think this
is very inexpensive as compared to if we can avoid having to arrest people and
put them in prison.
Mr. De Yurre: OK, now, you got your answer?
Major Fernandez: A high estimate on operating costs, after the first year the
high estimate will be $10,000 for both vehicles. What we are spending on the
vehicles and the equipment, because right now it is approximately $77,000,
$78,000.
Mayor Suarez: Almost all of it is capital. Yes, almost all of it is
nonrecurring up front capital investment.
Major Fernandez: Yes sir, absolutely.
Mr. De Yurre: OK, fine, thank you.
Mayor Suarez: Mr. Manager, I hope, like the rest of the questions, that you —
strongly recommend this and this is a wise use of the money. I also hope that
the Law Enforcement Trust Fund, which I guess is set up under State law is it
not?
158 July 27, 1989
I
Mr. Odio: Yesi it is.
Mayor Suarez: That we involve ourselves in the business of suggesting to the
State changes in legislation so we have a lot more flexibility to use these
monies as we discussed before, it would be an awfully great idea to be able to
use it for operating needs.
Mr. Odio: Yes, and that's why this money is active from the regular money
because you can only use it for certain things.
Mayor Suarez: Yes, but we can change the law.
Mr. Plummer: Do we have an understanding that sworn police officers will not
be used in this and keep them on the street fighting crime? Is that possible?
Major Fernandez: We will not take any of the officers who are currently on
the street fighting crime and place them in the vans to do this work.
However, our officers who are currently doing crime prevention and education
of that type will be utilizing these vehicles for that purpose.
Mr. Plummer: Couldn't we use the men on light duty? I just...
Major Fernandez: We certainly could, absolutely, yes. That's a...
Mr. Plummer: I sure hope so.
Mayor Suarez: Mr. Manager, I hope you take that to heart, and discuss it
with the Chief to see if we can use people who are on light duty or otherwise
not involved in patrolling. OK, with those provisos and indications and
modifications and suggestions, we have a motion. Do we have a second?
Mrs. Range: Yes, I second.
Mayor Suarez: Call the roll.
Mr. Plummer: Is T. Willard standing to be heard?
Mayor Suarez: He, I think wants to thank us after we vote on this.
Mr. T. Willard Fair: I'm just waiting for the vote, Mr. Commissioner and then
I would like to express my appreciation on behalf of the vote. Thank you,
sir.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-715
A RESOLUTION ALLOCATING FUNDING AND AUTHORIZING THE
PURCHASE, AFTER THE FORMAL BID PROCESS, OF TWO MOBILE
DRUG PREVENTION EDUCATIONAL UNITS AT AN APPROXIMATE
COST OF $160,500; FUNDING TO BE PROVIDED FROM THE LAW
ENFORCEMENT TRUST FUND, CONDITIONED UPON THE ADOPTION
OF AN APPROPRIATIONS ORDINANCE TO PROVIDE FUNDING FOR
THE HEREIN ITEMS, UPON SUCH COSTS HAVING BEEN APPROVED
BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following votes
11
AYSSs Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NCRSs None,
ABSENT., None.
Mr. Fair: Thank you very much.
Mr. Plummer: You were eloquent!
Mayor Suarez: True to your promise.
------------ --------- --- - - - -- --- - --- _-.....�-
2$. ACCEPT COMPLETED WORK: 3W CORPORATION, INC. - for North District Police
Substation ($4,394,101).
Mayor Suarez: Item 20, accepting the completed work for the North Police
substation. I entertain a motion on this.
Mrs. Range: I'll offer it.
Mayor Suarez: So moved. I think we are changing our ordinance to not have to
require each time to have a resolution accepting completed work, are we not?
OK, do we have a second? Do we have a minute?
Mr. Plummer: Second it.
Mayor Suarez: OK, moved and seconded. Any discussion? If not, call the
roll.
The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION NO. 89-716
A RESOLUTION ACCEPTING THE COMPLETED WORK OF 3W
CORPORATION, INC. AT A TOTAL COST OF $4,394,101.00 FOR
. NORTH DISTRICT POLICE SUBSTATION CIP PROJECT NO.
312007 AND AUTHORIZING A FINAL PAYMENT OF $109,852.52.
(Here tollows docy of resolution, om1LLea nere ana 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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENTS None.
b'1
qW
.���.....,...-------------------..------=-=---....-_.- - - - - - -_--_- - ...:
29. AUMORIZS AGREEMENT WITH R.W. BECK & ASSOCIATES - to assist Solid Waste
Department with development and implementation of pilot recycling
program.
------ ------- —------------ __--------- Yr—__--_ter
Mayor Suarez: Item 21, professional services agreement with the Beck and
Associates.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion on 21? If not, call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-717
_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN
R.W. BECK AND ASSOCIATES AND THE CITY OF MIAMI IN THE
AMOUNT OF $30,000 IN ORDER TO ASSIST THE CITY OF MIAMI
DEPARTMENT OF SOLID WASTE IN THE DEVELOPMENT AND
IMPLEMENTATION OF A PILOT RECYCLING PROGRAM
CONDITIONED UPON RECEIPT OF ADEQUATE FUNDING IN THE
FORM OF A GRANT AWARD BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION IN ACCORDANCE WITH THE STATE
OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17-716
AND SECTION 483.7095 FLORIDA STATUTE.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-------
30.
- - --------------
APPOINT
- --------- --- - -
INDIVIDUALS TO MIAMI SPORTS AND
- -------
EXHIBITION AUTHORITY.
(Appointed were: Ken Albano, Manuel Carreno,
Gene Marks, George Knox,
Steven
Suarez, William Bayer, Pedro Pelaez,
Vincent McGhee, Frankie
Rolle,
J. Skip Shepard and Eli Feinberg.) (See
label 32.)
Mayor Suarez:
Item 22, the reappointments or new appointments of the Sports
and
Exhibition Authority... Commissioner Range, you
are the new one here and
you've
had...
there are two people who are attributed
to the seat that you are
6111
now
holding.
Do you have an intention on those two
so we have an idea who we
are
doing?
Mrs.
Range:
Is this the time to offer the names?
Mr.
Plummer:
Yes or express whatever you plan to do.
Mrs.
Range:
Yee, my plans are to reappoint Mr. Bill
Bayer and Eli Feinberg,
161
July 27, 1949
f
r�
'� .1l.atlrsi.•
y ur
Mr4 Plummer:
Mayor Suarez:
0
peappn intrbents .
OK.
Mrs. Range: Yes, reappointments.
Mr. Plummer: Mr. Mayor, my appointments will be Mr. Gene Marks and Mr. Vince
McGhee.
Mayor Suarez: OK. I will reappoint two of mine except for Mr. Allen who
resigned. In his place I would like to nominate Manny Careno. Commissioners
Dawkins and De Yurre.
Mr. Dawkins: I reappoint Mrs. Frankie Rolle and Mr. George Knox.
Mr. De Yurre: And I also appoint Skippy Shepard and reappoint Steve Suarez.
Mayor Suarez: OK, I'll take those in the form of a motion.
Mr. De Yurre: Moved.
Mr. Dawkins: So moved, second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-718
A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
31. APPOINT INDIVIDUALS TO COMMISSION ON STATUS OF WOMEN. (Appointed 'were:
Lenore J. Gordon, Elizabeth H. Kaynor, Susana Sons, Robert A. Stevens,
Mary Taylor, Bernadette Morris, Pamela Douglas, Marcia Hope and Josie
Park.)
Mayor Suarez: Item 23, Commission on the Status of Women. What did we do
last time that didn't?
Mr. Plummer: I think they've nominated seven people, is that...
Mayor Suarez: I think we made a mistake because we didn't take enough of
their appointments or nominations, is that we did?
Mr. Fernandez: The way you left it last time is that there was xome confuttou
no we have done now is we have provided you a total of 12 names for your,
consideration to fill nine positions.
li
Mt. Plummer: OK, the question I had at the last meeting was, first of all,
the composure of the board of four blacks, seven white and five Hispanics.
What's eleven, sixteen, OK? Correct?
Mr. Fernandez: Correct, presently.
Mr. Plummer: OK, so what are doing is, we're making nine new appointments.
Mr. Fernandez: Correct.
Mr. Plummer: How do we balance it out?
Mr. Fernandez: There is no specific mandate. You do that according to your
conscience and likes.
Mr. Plummer: OK, Mr. Mayor, what I would suggest and I don't know how it will
balance out. Number two, Sosa, lives in the City.
Mayor Suarez: Susanna Soaa?
Mr. Plummer: Number ten lives in the City and number 12 lives in the City and
I think they should be given first priority.
Mayor Suarez: I'm sorry, which is the other ones?
Mr. Plummer: Number four, ten and twelve. Hold on, and number two. Those
four live in the City and I think they should be given priority.
Mayor Suarez: You have a list that has them by but not by numbers.
Mr. De Yurre: I want to know who Robert Stevens is.
Mr. Plummer: No, they are numbered. I'm sorry?
Mr. De Yurre: Who is Robert Stevens?
Mr. Plummer: Robert Stevens?
Mr. De Yurre: I mean, do we name men to this thing also?
Mr. Plummer: Sure, Frank Cobo used to be a member.
Mr. De Yurre: Yeah?
Mayor Suarez: There are four of them live in the City of Miami, Commissioner
Plummer?
Mr. Plummer: I think they should be given preference, Mr. Mayor.
Mayor Suarez: Which are those, please?
Mr. Plummer: Kaynor, Sosa, Hope and Kidd, which I think is a perfect balance
because it's two blacks, a Hispanic and white.
Mayor Suarez: That leaves five?
Mr. Plummer: That would leave five more.
Mayor Suarez: OK, Commissioners, entertain further nominations so we can vote
on this, Commissioner Dawkins.
Mr. Dawkins: No, none of these people, what happened to those two people I
had on there already?
Mr. Plummer: I don't know.
Mayor Suarez: You go ahead and nominate them, because we have five more and I
don't have any preference. I'll be happy to go with whoever the Commission
k'��'. nnminafe�_ z
Mayor Suareat Mary Taylor?
Mr. Dawkins: No, it was...
Mayor Suarez: No, I'm just asking since Tel Fair is here. to this the Mary
Taylor that works for Tal Fair or not? I guess we ascertained last time it
wasn't.
Mr. Dawkins: May I see the list of those people, please? I got a problem.
Mayor Suarea: Who is recommended by the chairman of the board, chairperson of
the board?
Mr. Plummer: These are the twelve names recommended.
Ms. Sandra Last: There are nine openings and we have recommended nine people.
Mr. Plummer: No, you've recommended twelve on my list.
Ms. Last: Sandra Last. We had two withdrawals, so we kind of narrowed it
down, Kidd and Rishel.
Mr. Plummer: Wait a minute, hold on. Kidd...
Mayor Suarez: So we are down to...
Mr. Plummer: Kidd is withdrawn?
Ms. Last: Right.
Mayor Suarez: We are down to nine you recommended you said?
Mr. Plummer: And what was the other one?
Mrs. Range: Rishel.
Ms. Last: Rishel, R-i-s-h-e-1.
Mr. Dawkins: OK, my two appointments were Cochran and McCray.
Mayor Suarez: Are they both being recommended for reappointment?
Mr. Dawkins: Yes, they are, by me.
Ms. Last: They have tf:en reappointed already.
Mayor Suarez: They are reappointed. They are back in the Commission. OK,
you are recommending nine, and nine is how many we have to appoint.
Ms. Last: Precisely.
Mr. Plummer: If Kidd withdrew, that only leaves...
Mayor Suarez: Commissioner Dawkins, if you have any problem, we can always
reconsider, but if she is recommending nine and there is nine openings...
Mr. Dawkins: I got my two.
Mayor Suarez: Right. OK, I er.tertain a motion on the nine recommended for
the nine spots that are available.
Mr. Plummer:
I don't see the nine.
Who are the nine?
ter;
Mayor Suarez:
Do you want to read
th.m out loud, Madam Chair?
■';
Mayor Suarez:
Are you saying that
with three withdrawn, is ,that
what.It
Mrs. Range:
After you look at it ...
Mr. Plummer:
Oh, OK.
lbt►:;4y
►,:p
Me. masts The nine recommended are Callaway, Douglas, Hope, Morris, Taylor,
goes, Gordon, Kaynor and Stevens.
Mr. Plummer: The only problem I have and I'll put it on the record, of those
named individuals, only one-third live in the City. Now, the County has a
Status of Women, in which these people live in and I would hope in the future,
I know you made an effort this time, but I would hope in the future that you
could try to get some women or people to serve on this committee who live in
the City. I mean, if not, let's just disband it and go with the County one.
Me. Last: Commissioner, we did make it a criteria that they live in the City
or that they work in the City, so those who do not reside within the City
limits, do work within the City limits.
Mr. Plummer: I'll move the nine names recommended.
Mrs. Range: I'll second.
Mayor Suarez: Call the roll.
(AT THIS POINT THE CITY CLERK STARTED ROLL CALL)
Ms. Hirai: On the nine names recommended.
Mayor Suarez: The nine recommended.
Mr. De Yurre: Well, what if I have another name that's on the list?
Ms. List: We suggest you make a substitution.
Mr. De Yurre: Great, because I'd like to do that.
Mayor Suarez: Or we'll expand the Commission.
Mr. Plummer: Well, why didn't you do it before I made the motion? Tell me
who you want on here. Take one off...
Mr. De Yurre: I don't care about anybody being off, I just want to have
somebody there that can relate to me.
Mr. Plummer: Take one of these off and put yours on, whatever one, I mean
what difference?
Mr. De Yurre: I don't know. How about take Stevens off.
Mayor Suarez: How many, Madam Chairperson, how many on the Commission right
now?
Ms. Last: There are sixteen at this moment. Last March you expanded the
Commission to 25, leaving nine slots to fill.
Mayor Suarez: As to the 25 altogether, I guess it is not a wise idea to keep
expanding. It's going to end up being like the Downtown Development
Authority. We're up to 29. We have a hard time finding a table big enough
for the group.
Mr. Plummer:
Of the nine, he wants to add the name of Josie
Park. Of the
nine, there
are five blacks, one Hispanic and three Anglos. I would assume
the one to be deleted would be one of the blacks to make it fair and I'm not
going to be the one to pick it. Tell me which one of the blacks
that you want
to take off.
Mr. Dawkins:
And I gut hell in the black community.
�
e:
a=
Mayor Suarez: Why don't you go ahead and appoint the other
person as an
alternate or
however you want to do it. As a member of the committee, we'll
expand it to
26 and if they don't... how is the attendance? Are
they all...?
Mo. Last:
Of the sixteen that are presently appointed, the
attendance is
excellent.
Of the nine pending appointments, we are sure that
openings will
arise rather
quickly.
16
J►1y 27, ll..
. IR
Mr*
Plum6rt
Would you do Us a favor and take the heat off of met bill to
6h6
of the nine
to withdraw.
Mr.
Dawkins:
V6 could make it in alternate, J.L.
J
Mr.
Plummer:
Wall, I think you'd have to change the ordinance all wall.
Mayor Suarez:
Who hasn't been attending particularly of those nine?
Mr.
Plummer:
Give us one name to take off.
Me.
List: I
can give either top or the bottom, Calloway or Stevens
Mr.
Plummer:
Stevens? God, that's the only man on there.
Me.
Liett Right.
Mr.
Plummer:
No, no, no. You can't kill my machismo.
Ms.
List: I'm
sorry, I was really being facetious. Let's start at the top.
Mr.
Dawkins:
No, go down and put your pencil. Close your eyes and put a
pencil.
Mr. Plummer: Put your pencil down...
Ms. List: I would much rather deal with participation and involvement and
Callaway probably is not as actively involved.
Mayor Suarez: OK.
Mr. Plummer: So we then take Callaway off and add Park.
Mayor Suarez- OK, we'll take a motion of the eight in question other than
Callaway plus Josis Park. With that motion do we have a second? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-719
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
a
---
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32. (Continued Discussion) APPOINTMENT TO MIAMI SPORTS AND EXHIBITION
AUTHORITY - Define terms of office (See label 30).
Mr. be Yurre: Mr. Mayor.
Mayor Suarez: Yes, Mr. Vice Mayor.
Mr. De Yurre: On the Sports Authority are we supposed to name somebody to a
one-year term and somebody to a two-year term.
Mayor Suarez: Oh, we have to specify?
Mr. Plummer: Yes.
Mr. De Yurre: We had to.
Mr. Plummer: Wait a minute, hold on, hold on.
Mayor Suarez: Are you talking about my appointment?
Mr. Dawkins: For all of them.
Mayor Suarez: All of them? Why don't we just submit that in writing to the
Clerk? I haven't talked to him to see who is willing to serve...
Mr. Plummer: Well, on mine, I can give it to you. Gene Marks is the two year,
Bill Bayer, excuse me... McGhee is one year. That's definitely on mine.
Mayor Suarez: I'd like to talk to my three appointments to see what...
Mr. Dawkins: George Knox is the chairperson, I gave him two years and give
the second one one year.
Mr. Plummer: Huh? Bill Bayer is her appointment. She has to designate who
is one year and who is two years.
Mrs. Range: What did we have? - Bill Bayer...
Mr. Plummer: And Eli.
Mayor Suarez: I'll just do it in writing.
Mr. Dawkins: OK, I'll give this to him.
Mayor Suarez: I'd like to talk to him and see how many...
Mrs. Range: All right, we'll give it to Bill Bayer for two years and...
Mr. Plummer: You're giving Bill Bayer the two and one year to Eli. I'm
giving Gene Marks two and McGhee one.
Mr. Dawkins: And I'm giving George Knox two and Mrs. Frankie Rolle one.
Mr. De Yurre: I'll give Steve Suarez two and Skip Sheppard one.
Mayor Suarez: I've got to talk to the three of mine. I think I have what,
one for two years and two for one, is that the way it works?
Mr. De Yurre: No, you've got...
Mr. Dawkins: However you do it.
Mayor Suarez: It's not all... no, it is specified, it is specified.
Mr. Plummer. No, no, I think he gets one appoint for two years and twq
appointments for one year.
Mr. Dawkins: OK.
167July 27, 1989
i
L�
Mayor guares: I've got to talk to them. OK, I'll submit that is writing.
.-. —rarwc--r..rcwzrw.a.r—w.....w.r...err—.i.r.r...r.i.—------------- !.--_+..—____.r.��.�ar.�da:�iw..yai.
33. CONFIRM APPOINTMENT OF WILFREDO GORT TO OFF-STREET PARKING BOARD TO FILL
UNEXPIRED TERM OF LESLIE PANTIN SR.
-------------------------------------------------------------
Mr. Plummer: I'll move item 24.
Mayor Suarez: OK, item 24 has been moved, the appointment of Wilfredo Gort.
Mrs. Range: Second.
Mayor Suarez: Moved and seconded. Vice Mayor.
Mr. De Yurre: Who is the second?
Mrs. Range: Yes, I second.
Mr. De Yurre: OK, well I've got a problem with that.
Mr. Dawkins: With what now, what are we doing?
Mayor Suarez: Off -Street Parking.
Mr. De Yurre: OK, and I can't confirm Willy Gort at this point in time.
Mr. Dawkins: So what are you going to do?
Mr. De Yurre: I'm going to vote no, if that's the way it goes.
Mr. Dawkins: Well, you can send it back.
Mr. De Yurre: Well, that's what I am trying to do, send it back.
Mr. Dawkins: Then you are not voting no, then you have to say what you are
going to do.
Mr. Plummer: You would vote against the motion.
Mayor Suarez: Which is the same thing.
Mr. De Yurre: OK, well that's just it. If you are voting to confirm...
Mr. Plummer: I'm voting to confirm the name of Willy Gort. That's the motion
I made and seconded by Mrs. Range.
Mr. De Yurre: Then I'll be voting no to send it back.
Mr. Plummer: OK, if it doesn't pass then you can move to have it deferred to
a later time.
Mayor Suarez: OK, let me tell you the reason that...
,
Mr. De Yurre: No, if it doesn't pass, it goes back.
Mr. Dawkins: No, it doesn't, you have to send it back.
Mr. Plummer: That's what I'm saying.
Mayor Suarez: We are saying the same thing. Let me tell you why I can't.vote
with the proposed nomination, although we've gotten a lot.of correspondence in
support of Willy Gort and I think down the road he may very well be the person
that would make sense to me as the next appointment and particularly assuming.
Now did Mr. Weaver say or did he not say he is going to resign and if so, when
did he say he was going to resign?
Mr. Jack Mulvena: What Mr. Weaver said at the board meeting is that he would
like to serve out his term which would end in this calendar year, with given
168 July 27, 049,
our break August, is about, you know, an additional four months. He did say,
however that he wanted to step down if the department was in the condition
that he would like it to be.
Mr. Plummer: And he also said that he might stay on depending on conditions.
Mr. Mulvena: No, he never said that.
Mr. Plummer: He did to me.
Mr. Mulvena: Oh, he said to you.
Mayor Suarez: But his term is up at the end of the year anyhow?
Mr. Mulvena: His term is up, so he'd have to bring that back to the
Commission.
Mayor Suarez: So in any event it would be up to this Commission to reappoint,
or not reappoint, so it may not be such a voluntary thing. OK, you know, I
guess all of us remember what took place when I had conversations with Les
Pantin, who is now deceased and it was in part at the request of I forget who
on the Commission. It was not the Vice Mayor, but it was because of his
wanting to have some say as to the direction of the Off -Street Parking
Authority and I think the person at the time that he suggested, or maybe he
didn't, maybe I did, maybe somebody else did, was Carlos Arboleya and I would
for that reason like to see at this particular appointment being Mr. Arboleya,
although I have no problem with Mr. Gort if he has the support of the
DMBA(Downtown Merchants Business Association), because I also have heard
Commissioner Plummer express, and I think it is all of our preferences to have
someone from the DMBA represented on the Authority and I think it's been long
enough that they have been waiting for that to happen although I also reminded
Mr. Gort the other day that the appointment of Dr. Padron was done at my
insistence if you remember, back, I think Mr. Rubin, when he resigned, and it
was done with the full recommendation of the DMBA. They were very supportive
of Dr. Padron and I think they are very satisfied with him as opposed to the
person he replaced that we won't go into, so for those reasons I would have to
vote against his nomination, but not reflecting in any way on Willy Gort.
Now, I also know the issue came up of the one project that Barnett Bank is
involved in, which I gather is the Latin Quarter Specialty Center and we've
got two memos now from the City Attorney on that, the second of which I think
pretty much clarifies that it is not a damaging conflict and it's one that can
be waived as to the service of...
Mr. Plummer: He would have just recluse himself from voting, that's all.
Mayor Suarez: Yes, I think he would have to recluse himself in any vote that
had to do with that project, which by the way, according to the Manager, is
one that pretty soon, we may be taken over anyhow, in which case the Off- s
Street Parking Authority would have minor involvement.
i
Mr. Odio: I'd like to take it over, yes.
Mayor Suarez: Yes, and we are putting the major monies now, with $1,975,000
if I remember correctly, that we've applied to it. For those reasons, I would
send back, but not reflecting at all on Willy Gort. I would be more than
disposed to vote for him for the next appointment, next vacancy that's
created.
Mr. Plummer: Well, just for the record, let me go the other route. I am
going along with the recommendation and I think it is well understood that I
would have no problem with Mr. Arboleya for the next appointment.
Mr. Mulvena: Mayor, if I may speak to your two concerns, one was, you were
concerned that the Downtown Merchant's Business Association recommended
candidate. Willy Gort was one of the two candidates that was recommended to
the board. That was how the discussion really focused. The board is more and
more listening, as you know, but in particular to the DMBA and to the
Commission and all of the names that they considered seriously were DMBA
considerations and Commission considerations and no others. Willy Gort
however, was the pick of those major considerations and was recommended by
several members of the Commission, but also the DMBA.
169 July 27, 1909
ter_:
Mr. Plummer: Hey, we are going to have the beat of both worlds, you are
saying by January, anyhow, so I don't see it as a big...
Mayor Suarez: I don't think it is a big deal either, but I would caution the
executive director of the Authority that with some of the other items he has
coming up having to do with the Authority that may or not be met with all
kinds of support in this Commission, that he not get too involved in the issue
of appointments when we know all of the members quite well and can make up our
own mind. OK, we have a motion and a second. Anything further from the
Commission? If not, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-720
A RESOLUTION CONFIRMING THE APPOINTMENT OF WILFREDO
GORT TO THE OFF-STREET PARKING BOARD OF THE CITY OF
MIAMI, FLORIDA, TO FILL THE UNEXPIRED TERM OF THE LATE
LESLIE PANTIN, SR.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
NOES: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I abstain. (LAUGHTER)
Mr. Plummer: Fall to the left or the rightf
Mr. Dawkins: They are both individuals in this community who pay their dues
and it's a hard decision and I've been through this before and as much as I
regret having to vote against Carlos, I too would have to go along with the
recommendations of the board, although I would like to get rid of it, so I
vote yes.
Mayor Suarez: No, and again, no reflection on Mr.. Gort. In fact, given that
he is has been appointed, we could easily make it unanimous.
COMMENTS MADE AFTER ROLL CALL:
Mr. Plummer: For the record, OK, I am going to tell you right now to maybe
pacify both the Mayor and the conscience. I'm telling you right now in
January it will be my pleasure to vote on Carlos Arboleya, a damn fine man in
this community, so when it comes back in January, if that name is not
included, you don't have my vote, OK? I'm Just putting that on the record.
Mayor Suarez: And there is only one vacancy to be created between now and
January, so you might inform that to the member of that board. No reflection
on him, he's done magnificent service.
Mr. Dawkins: I'm going to tell all of you, since they have made a commitment
to Mr. Arboleya, I going to go along with it, but if the next opening comes up
and they don't be black, you are going to have a damn problem out of me, if
I'm sitting here, OK? You all can add two of everything else but blacks and
it's no reflection on nobody, so you refer that to your board, please. OK,
thank you,
170
•
- -i ---------------------------------------------------
NOTE FOR THE RECORD: At this point, Agenda item 25 was called for
discussion - No appearance of interested parties was recorded at
this time.
NOTE FOR THE RECORD: At this point, an announcement was made that
Agenda item 26 had been withdrawn by applicant.
34. BRIEF DISCUSSION: CITY COMMISSION QUESTIONS MANAGER REGARDING SIX
RECENT MURDERS IN THE CITY AT THE CORNER OF OAK AND DOUGLAS (See label
12C).
Mr. Plummer: Mr. Mayor, I would like to ask before this day is over once
again, I asked about the corner of Oak and Douglas, and I stand corrected, it
was not five people murdered, it was six people murdered and I would like to
_ have what the Police Department is going to do in addressing that... were you
getting ready to tell, I'm sorry, I shut up. I shut up, go ahead. No, you
wanted to talk to me privately and I told him I was busy.
Mayor Suarez: I would hope that we could do that privately.
Mr. Plummer: That's fine, I'll do it privately, I'm sorry. I apologize.
Mayor Suarez: And if anything else needs to be said publicly on it, we can
always do that. Thank you.
------------------------------------------------------------------------------
35. DISCUSSION CONCERNING PROPOSED UNDERGROUND PARKING GARAGE IN SHOPPING
PLAZA AREA OF BAYFRONT PARK.
Mayor Suarez: Item 27. Commissioner Range...
Mr. Plummer: That's you.
Mayor Suarez: ... this item, how did that come in this Commission?
Mr. Plummer: It's sure damn important.
Mrs. Range: Correct.
Mr. Odio: We received a letter today Commissioner. I don't know if you have
seen it on the ground parking.
Mr. Wally Lee: Yes, as you will recall, Commissioners, last November you
authorized the Miami Center to prepare a proposal for a proposed parking
facility in the south end of Bayfront Park in the Chopin Plaza area.
Yesterday, we received the first of the reports and Jeffrey Bercow is here to
make his presentation and update.
Mr. Bercow: Thank you, Mr. Mayor, Commissioners, my name is Jeff Bercow,
attorney with the law firm of Steel, Hector and Davis, 200 South Biscayne
Boulevard, representing Miami Center. I'd like to answer three questions very
briefly this evening. First, what's happened since the City Commission
conceptually approved this project last year. Miami Center has retained the
City's parking consultant, Desmond Associates to design a garage in this
location. Mr. Mike Johns from Desmond Associates is here with me today to
171 July 27, 1989
answer any questions that you might have. We have asked Desmond to design a
garage that unquestionably incorporates Mr. Noguchi's design for Bayfront
Park. We spent countless hours and Desmond has spent countless hours
designing this garage, working with Mr. Noguchi before he died and
subsequently working with his successor, Shoji Sadeo in order to reflect Mr.
Noguchi's agreement that a garage would be a viable and permissible on this
location, if it is compatible with his plan. We redesigned and refigured the
garage, we cut out spaces, we cut areas in order to make it reflect Mr.
Noguchi's plan. Shoji Sadeo has participated in this process along the way.
We've met with him a number of times. He has reviewed the Desmond design,
he's made changes in comments and he now believes that this design is
compatible with Noguchi's plan. Desmond subsequently revised their previous
feasibility report to reflect this new design and Desmond has subsequently
revised the report again in order to submit it to staf f and in f act we have
submitted it to Mr. Lee yesterday. Let me tell you very briefly what this
report says. It says that there is a need for a garage at this location. It
says that this garage would be financially feasible. It says that it works
from a design standpoint and it also says that it doesn't affect the above
ground design, in order words, Mr. Noguchi's design. And assuming that Miami
Center leases one-half of the spaces in the garage and that Miami Center
absorbs initial operating deficits, the report also says that there will be
compete debt service coverage by the year three. Where do we go from here?
We are ready to make a written proposal within the next 30 days, submit it to
the Manager's office, work with the Manager's office in the Department of Off -
Street Parking in order to come back with a hammered out proposal which
addresses the financing, construction and maintenance of the garage at this
location. We will then come back to the Commission in September, or at the
latest, probably October with a hammered out proposal and ask for Commission
approval, final approval at that time.
Mrs. Range: Thank you very much for that information and let me explain my
reasons for asking a question. I have to plead ignorance to a portion of what
you have said here. I really was not aware, as a private citizen that there
was to be an underground garage at Chopin Plaza; nevertheless there will be a
national convention coming to the City, housing itself at the Intercontinental
in 1990. My concern, as I went down as a part of the committee, to view the
area and to see what there was. My concern is the presence appearance of the
park area where the Mildred and Claude Pepper insignia is to be placed and
this is my main reason for having brought this to the Commission. What I
really was looking for was to find out whether that portion of the park would
or could be improved by 1990, August, I believe it is, of 1990. I really did
not know, and it was, I suppose, misworded, my reason for the inquiry. Now,
if you can tell me something about that, I'd certainly appreciate it.
Mr. Bercow: Commissioner Range, the time we came to the Commission last
November with this proposal, that area of the park looked like a war zone. I
don't know if you remember what it looked like, but there was no grass there.
There was construction... there is a construction staging area, dead trees,
dead shrubs, a lot of garbage, we subsequently cleaned out the park, cleaned
it up, resodded it, revegetated it and made it look half way decent now. If
this project, if the parking garage is approved at this location, it will take
us several months before we are in the ground and starting construction. If
we are starting construction at the time of August 1990 and I don't know
exactly when we would be able to put shovels in the ground, because we've got
to go the market for bonding. There could very well be construction at that
area, but we would try to mitigate its visual impact so it did not have a
negative effect on tourism and life within that area.
Mrs. Range: I see, but because of your project we could not hope to have any
beautification there in the summer of 1990.
Mr. Bercow: Well, not by the summer of 1990, but what our proposal
anticipates is that not only will we put in the garage, but we will complete
the park on top of the garage in accordance with Mr. Noguchi's complete design
and presently the City does not have funding and correct me if I am wrong, Mr.
Lee, does not have funding to completely implement Mr. Noguchi's plan, so this
garage will let that happen.
Mrs. Range: I see, then as time goes on I will have to come back to this
Commission and probably ask for a camouflage of sorts when the convention does
come, but this is my interest. Thank you very much for the information.
172
July 27, 1989
•
Mr. Plummer: Well, you know, bottom line, when are you going to start
something?
Mr. Bercow: The information in the report is that the construction process
will take 14 to lb months and...
Mr. Plummer: Yes, but when are you going to start?
_ Mr. Bercow: I'm trying to work backwards in my mind. It will take 14 to lb
months and it is anticipated to be complete by late 1991, some time in 1991,
so I expect that commencement will begin sometime in early to mid 1990.
Mr. Plummer: And when are we going to see the contract?
Mr. Lee: Well Commissioner, we're supposed to get the balance of the study,
as promised by Jeff in mid August. We could come to the Commission in
September with our recommendation for your evaluation.
Mr. Plummer: What can I say? I mean, you know, it's been going on now for
seven or eight months.
Mr. De Yurre: Well, where are we at? My understanding was last year that you
all were putting in the sprinkler system and the sod and all that in exchange
for getting X number of months, I think it was like 90 days to come with a
proposal and the 90 days went by and I never saw anything, so I'd like to
know, was that the understanding that we had or is there something different
here that I am not privy to?
Mr. Lee: Commissioner, there as a change in ownership, I believe, which
probably affected the time frame of the study.
Mr. Bercow: That's right.
Mr. De Yurre: Well, when did the ownership change take place?
Mr. Bercow: The ownership change occurred in the end of February, which was
approximately the end of the 90 days.
Mr. De Yurre: Yes.
Mr. Bercow: And Lincoln Property Company became the managing agent and for
the owners of the office building and once they acquired ownership they felt
they needed to do their own do diligence and investigation to figure out
whether this concept worked and whether they could accept the exposure that
was entailed by agreeing to be responsible, or agreeing the building would be
responsible ...
Mr. De Yurre: Well, did you all come to the City at that point in time before
us and express that?
Mr. Bercow: No, we did not.
Mr. De Yurre: So then, we are no obligation moral or legal to continue in
this process. Is that correct?
Mr. Bercow: That is correct.
Mr. De Yurre: OK, so I just want to understand that and...
Mr. Odio: We haven't any obligation whatsoever.
Mr. De Yurre: And in fact, whatever you bring before us, we're under no
obligation to accept in any way, fashion, or form.
Mr. Bercow: That's correct, but we think that there is a need for this garage
and that what we are proposing will in effect, complete the park.
Mr. De Yurre: Let me tell you something, because I heard back a few months
ago when this thing first came up and I don't think we are about to get
involved in a lawsuit on that situation, but I heard an argument proposed by
some attorneys that represent the buildings in the area...
173
July 27, 1909
0
Mr. gercbv: Yes.
L�
Mr. De Yurre: that if that parking garage is going to get built, they
want to have the same rights that your client would have to far as rentiftl
space there, because they feel... so that's their position.
Mr. tercow: And, Commissioner ...
Mr. De Yurre: And they are ready to go to court on that issue.
Mr. Bercow: Commissioner, if they are Milling to accept the same level of
exposure that Miami Center is, then we are perfectly happy to compete with
them.
Mayor Suarez: You bring them in in the partnership to...
Mr. Bercow: But Miami Center is agreeing to absorb initial operating deficits
in the project and provide...
Mayor Suarez: Ask them to sign the bonds too.
Mr. Bercow: ... a letter of credit...
Mayor Suarez: The City would not be even secondarily liable.
Mr. Bercow: ... which will make those bonds available.
Mr. De Yurre: Whose bonds are they going to be?
Mr. Bercow: They are going to be taxable revenue bonds issued by the City,
but supported by a letter of credit and the lease arrangement of Miami Center.
Mr. De Yurre: OK, my understanding is and I think the thought was that Off -
Street Parking was going to provide some bonding for construction and ... that
was not under consideration?
Mr. Bercow: The Department maxed out.
Mr. De Yurre: Well, that's my...
Mr. Lee: The main consideration, that was really never discussed. What was
very...
Mr. De Yurre: Where is the bonding going to come from?
Mr. Lee: They were supposed to present a plan. The main consideration...
Mayor Suarez: Yes, yes.
Mr. De Yurre: No, no, that's not what this is. They cover the exposure, but
not the bond.
Mr. Bercow: It's a taxable revenue, it's a...
Mayor Suarez: Oh no, I think it as always envisioned that there would be an
agency that would cover the actual bond, but that they would take the exposure
on it.
,Mr. Bercow: Commissioner, it is a taxable revenue bond that does not pledge
the full faith and credit of the City. -i
Mr. De Yurre: I understand that. Are you talking about a revenue bond?
Mr. Bercow: That's correct.
Mr. De Yurre: OK, but still, where is that revenue?
Mr. Bercow: The revenue is from the garage.
Mayor Suarez: From the garage itself.
174
Mr. be Yurre: But doesn't there have to be a track record of the revenue to
get a revenue bond?
Mr. Bercow: No. I mean it is provided by the feasibility report and by the
letter of credit put up by Miami Center at some cost to them because it is
going to come from a triple A rated institution.
Mr. De Yurre: What happens if that building falls? Who gets stuck with
paying the interest payments?
Mr. Bercow: I think that is one of the issues that we need to hammer out with
the Manager's office.
Mayor Suarez: I believe you just said there would be a letter of credit for
the full amount.
Mr. De Yurre: OK, those are the things that I am going to be looking to,
because our building has already been trouble.
Mayor Suarez: Yes, there could be no exposure to the City. We had that very
clearly understood from the beginning. What is...
Mr. De Yurre: And that's from the economic aspect, because I don't know if I
am in a position...
Mayor Suarez: Yes, there are still aesthetic questions, there's questions of
feasibility and everything else. Jeff, what's the story on... who are the
principals of Miami Center now?
Mr. Bercow: The principals are Lincoln Property Company, as managing agent
for a group of investors in the office building, and I understand that there
is a closing in progress on the hotel. It's been reported in the papers, I
don't know if the closing has occurred, or they've gotten out of escrow.
Mayor Suarez: Are we getting anything other than a status report today on
this? OK, thank you.
36. (A) AUTHORIZE MANAGER TO PARTICIPATE IN METROPOLITAN DADE COUNTY'S
AUCTION - to bid on parcel of land within Southeast
Overtown/Park West Redevelopment Area - Allocate funds.
(B) AUTHORIZE MANAGER TO PROVIDE TWO FULL-TIME CITY STAFF MEMBERS
FOR ONE -MONTH PERIOD TO BLACK ARCHIVES HISTORY AND RESEARCH
FOUNDATION OF SOUTH FLORIDA, INC.
Mayor Suarez: The next item was really my request to put on the agenda, but I
believe I'm satisfied, although now I find out that Mr. Bailey from the
planning standpoint needs to have us consider something on the historic
village in Overtown. I had put it on because we had lost $100,000 from the
State in funding and then subsequent to that I guess we approved almost
$800,000? - from the fund that we had from the County. That was done at the
last Commission meeting, so if the project is moving forward and if we've got
pretty much... don't everybody look puzzled now, we approved it last
Commission meeting, the famous $700,000, or $800,000 for...
Mr. Bailey: Oh, OK, now, $719,000, Mr. Mayor.
Mayor Suarez: Yes, it was seven ninety, right?
Mr. Bailey: Yes, $719,000. This is a companion item. We would just like for
you to authorize the property manager to bid on a parcel of land that is going
up for a tax sale at the County Court House on September 5th. We have ordered
appraisals and we have appraisals on the property. We feel that if we can bid
on it, we can save the City a substantial amount of money, so we are asking
for the property manager to be authorized to bid on September 5th for the
property, the property right at the corner of 8th and 2nd Avenue. It is the
old Rolls Royce Restaurant next door to the Lyric Theater and it will come
from those monies that we have already allocated at $719,000.
0
Mayor Suarez: What do you need from us, then?
Mr. Odio: To pass a resolution authorizing the City Manager to particfpatite
in the Metro -Dade County auction for the bidding of a parcel of land within
the Southeast Overtown/Park West redevelopment area.
Mayor Suarez: I'll entertain a motion.
Mrs. Range: Yes, I'll offer it.
Mr. Odio: Not to exceed $84,000.
Mayor Suarez: OK, I'll entertain a motion with that import. So moved, do we
have a second?
Mr. Dawkins: Second.
Mayor Suarez: Call the roll.
The following resolution vas introduced by Commissioner Range, who moved
its adoption:
RESOLUTION NO. 89-721
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
PARTICIPATE IN THE METRO DADE COUNTY'S AUCTION FOR THE
BIDDING OF A PARCEL OF LAND WITHIN THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AREA ON SEPTEMBER 5,
1989 AND ALLOCATING AN AMOUNT NOT TO EXCEED $84,000;
FUNDS FOR SAID ACQUISITION TO BE APPROPRIATED IN
CAPITAL PROJECT NO. 322029 ENTITLED SOUTHEAST
OVERTOWN/PARK WEST - PHASE I.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Did you want, Dottie, to say anything in addition to that?
Ms. Dorothy Fields: Yes, Mayor Suarez. We had contacted your office and
others in the community on behalf of the Black Archives for the Historic
Village. We had requested $100,000 from the Legislature to operate so that we
can in fact...
Mayor Suarez: Ahhhh, it was for operational!
Ms. Fields: For operation for the project that we have. Herb, straighten
that for me, please. These are the projects that we now have under way. This
is approved funding from the State of Florida, from Metro -Dade and from the
City of Miami. What we don't have is operating funds and the State
Legislature had approved $100,000, but the Governor vetoed it and so now we
are in a quandary because we have all of these approved funds for the
projects. We, in fact, unveiled the marker for the Lyrie on yesterday and we
realized that...
Mayor Suarez: Can I ask the Manager for the September, hearing to look at
Community Development Block Grant monies to see if there have been any savings
or any monies that have come in or anything anywhere that's not tied down that
we could possibly apply to keep you operating until you gel: all these things
done? I think it is the best we can do today, because I had not looked around
170 July 27# M9
for any monies, I'm concerned about that veto of the $100,000 and I wanted to
get a status report, but if we are going to have to start searching for the
money before I put the Manager on the spot to just simply approve funding that
we don't have.
Mr. Plummer: We've already put him on the spot today for $300,000.
Mayor Suarez: Yes, we really put hi on the spot today for Carey Technical
College, although we specified that that has to come from either Miami Capital
or CDBG funding and I just don't know if we have any other CDBG monies from
last year or any other place.
Mrs. Range: Ms. Fields, do you have any idea about how much money you are
going to need to operate?
Mayor Suarez: What's like the minimum?
Ms. Fields: Minimum would be $50,000. That would give us a staff person.
Right now we don't have anyone in there on a day to day basis to coordinate
these projects and to see that they move.
Mayor Suarez: Let's take the month of August, where we have no sessions and
see if we can identify the funds, either from CDBG's or other programs that
_ are not using them or someplace we can borrow or beg, borrow or steal. I just
don't think it's fair.
Ms. Fields: Because otherwise the projects are going to die on the vine
and...
Mayor Suarez: Can we borrow at all from the funds that we approved, Mr.
Manager? We approved $719,000, was it, Herb?
Mr. Odio: You cannot use that money for operations.
Mayor Suarez: What was it from?
Mr. Odio: It's monies that came from the County...
Mayor Suarez: From what? YoL. are telling me that we can't use them for
operations? I hope you know why we cannot use them for operations other than
the fact that they came from the County.
Mr. Odio: It is part of the tax... I believe, I can be stand corrected.
Mr. Dawkins: It is to be used to pay bond debts, that what it has to be used
for.
Mayor Suarez: Why?
Mr. Odio: Or capital projects, I believe. I'm getting it, reading it.
Mayor Suarez: Well, what source did they come from? I know that at some
point the County was the vehicle, but...
Mr. Bailey: No, you passed a motion here and a resolution designating that
those monies are to be used for the assembly of land in the Historic Village.
It was not designated to be...
Mayor Suarez: OK, because of our own resolution we can't spend them for
operations? We can change our own resolution right now.
Mr. Bailey: Well, I am not going to dispute that.
Mayor Suarez: That's not the reason? Mr. Manager, other than our own
resolution, that's the only impediment that we have? Mr. Manager, are you
with us? There's no other impediment to the use of those funds other than the
fact that we ourselves resolved that they should all be for capital? OK, I
would suggest to my fellow Commissioners that we at least allocate $25,000 of
that money for the operations of the organization and keep going.
Mr. Dawkins: I would be in favor of that if I had not been here long enough
to know that once you start nipping off that money, you just keep nipping it,
177 July 27, 1989
It won't be there. you take $25,000 today, next week you are going to take
$50,000 and then next week you are going to take something else and when you
look up, you won't have a penny, so I'll be voting against taking one penny
away from it and leave it from the money...
Mr. Plummer: From what?
Mr. Dawkins: The $719,000 that we are supposed to be using to acquire land to
further develop Overtown/Park West.
Mayor Suarez: No, it was earmarked for the Historic Village.
Mr. Dawkins: I just said me.
Mayor Suarez: But you said it was for Overtown/Park West. It was earmarked
for the Historic Village.
Mr. Bailey: No, Mr. Mayor, I would just like to make a correction. it
was...
Mayor Suarez: That's how the vote was taken.
Mr. Bailey: No, it was earmarked to be spent in Overtown and SE Overtown/Park
West projects.
Mayor Suarez: I'll bring out the Commission deliberations because we, I
specifically asked you where and you said that it was on the back side of 3rd
Avenue, it was in the Historic Village area, it would go to the Historic
Village and I'll get the transcript and show it to you, if you don't believe
me.
Mr. Bailey: The Historic Village is a part of the SE Overtown/Park West
project.
Mayor Suarez: I have no doubt. It is also a part of the City of Miami, the
State of Florida and the United States of America, but it is within the
Historic Village area, so I want to clarify that.
Mrs. Range: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Range.
Mrs. Range: Just before we close this, in view of the fact the Black Archives
is in dire circumstances just now, and as you heard Ms. Fields say, we
probably just die on the vine. If there are not funds available, please tell
me, is there any way that the City can loan to the Black Archives persons
who can perform the necessary duties if the money isn't forthcoming. She said
she needed a staff, is that correct? How many staff members would you need,
Ms. Fields?
Ms. Fields: We need two persons for day to day operations.
Mrs. Range: Is there any place that we can pull two persons for day-to-day
operations for her? - until such time as we can come up with the monies when
the Manager finds them?
Mayor Suarez: Mr. Manager, at the very least for the month of August, while
we look around to see where we find the funding?
Mr. Odio: That we find funds?
Mayor Suarez: That we find staff persons to carry on the operations?
Mrs. Range: To loan.
Mr. Odio: We already have assigned people to the Overtown Task Force. I can
reassign that, tell Jeff Watson that he is to also help theta out, but...
Ms. Fields: We need day to day because as we're working with construction
project.
Mr. Odio: We have Sabrina...
178
Mayor Suarems If we don't get this particular project off the ground, we're
not going to do a heck of a lot other in Overtown except build...
Mr. Odiot We also have been working with Bill Perry, Sr. on this and having
meetings with him, so what I will ask Jeff is to help them out during the
month of August with Sabrina Bouie who is also involved and other people there
in the department. We got three people right now tied up with the Overtown
Task.
Me. Fields: Yes, we meet with them weekly, but we need day to day because
we...
Mr. Odio: Fine, we'll tell him to help you out.
Mayor Suarez: And I would ask the Manager to report, I want to schedule it
again for the first meeting in September and I would ask the Manager to report
back at that time how we are going to keep the organization going so we can
build this Historic Village, because I don't know anybody else that's going to
do it, unless you do it. I don't think we need a motion.
Ms. Fields: Did we get the staff?
Mrs. Range: Apparently not. Are you saying that we don't have the staff?
Mayor Suarez: Oh yes. Yes, you can make it in the form of a motion.
Mrs. Range: Oh yes, well, you are getting two people, Ms. Fields. And when
will this become effective?
Mayor Suarez: Right away until the... Mr. Manager, please. We are clarifying
if you are going to make available two staff persons for the...
Mr. Dawkins: Historic Village.
Mr. Odio: I said that I will ask Jeff Watson to work with the Historic
Village also.
Mayor Suarez: You won't ask Jeff Watson anything, you'll tell Jeff Watson,
he's your employee, right?
Mr. Odio: Well, I don't do it that way. I will ask...
Mayor Suarez: Are you going to make available two staff persons until the
first meeting in September for the Archives? Do we need to make that in the
form of a motion?
Mr. Bailey: I need a clarification, please. Can I have a clarification of
that motion? Does that mean they have a person from nine to five on their
premises five days a week, or does that mean that we will provide them with
technical assistance, because that's...
Mayor Suarez: That's how I understand it, nine to five, five days a week
until the first meeting in September so they can keep functioning.
Mr. Odio: I don't think we can do that, Mr. Mayor. I think we can lend them
technical assistance on a day to day basis.
Mayor Suarez: You've been giving them technical assistance all along and the
motion doesn't mean anything and the discussion doesn't mean anything.
Mr. Odio: Well, to have people sitting there all day long, I don't believe
there is that kind of load, a workload there.
Ms. Fields: They won't be sitting because we've got these projects that are
moving.
Mr. Odio: Sure.
Mr. Bailey: May I make a suggestion, please? Could we receive from the Black
Archives an actual detailed work program as what it is that they need to have
someone to perform so we can look at it and determine how we can address the
issue?
179 ,July 27, 1909
4P
V
Mr. piumat3 I Bot the perfect solution. We'll send on a nine to five beets
five days a Meek, Matthew Schwartz and John Blaisdell.
Mr. Baileys I second the motion.
Mayor Suareet Ms. Fielde, if you need the staff between now and the first
meeting in September, you'd better speak up.
Ms. Fields Yes, we do, yes, we do and we're all volunteers and we can stay
up all night and prepare that for you. You can see from what we have here
that these projects are ready to get off the ground.
Mr. Dawkins: Mrs. Fields.
Ms. Fields: Yes.
Mr. Dawkins: Didn't Mrs. Range say that we are going to give you two people?
Didn't I say and the Mayor say, don't go through this. We just told the
Manager to give you two people.
Ms. Fields: Thank you.
Mr. Dawkins: On a full time basis, that's the end of that. Let him fix...
Mr. Plummer: For one month.
Mr. Dawkins: Huh?
Mr. Plummer: For one month, until the matter comes back before the
Commission.
Mr. Dawkins: For a month, for one month.
Mayor Suarez: Until the first meeting in September, yes.
the form of a motion at this point.
Mrs. Range: I'll offer the motion.
Mr. Dawkins: Move it, I'll second it.
Mayor Suarez: Call the roll then.
I'll take that in
The following motion was introduced by Commissioner Range, who moved its
adoption:
MOTION NO. 89-722
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PROVIDE THE BLACK ARCHIVES HISTORY AND RESEARCH
FOUNDATION OF SOUTH FLORIDA INC. WITH TWO FULL-TIME
CITY STAFF MEMBERS, ON AN INTERIM BASIS UNTIL THE
FIRST MEETING IN SEPTEMBER - FOR ONE MONTH ONLY;
FURTHER INSTRUCTING THE MANAGER TO COME BACK BEFORE
THE CITY COMMISSION AT THE MEETING OF SEPTEMBER 14,
1989 TO RECOMMEND HOW THE CITY CAN FURTHER HELP SAID
ti'
Mayor Suarez: And that motion I think is pretty clear and it means somebody
on a full time basis over there, Mr. Manager.
---------------- --------- -------- ---------- -------------------------------
37. DIRECT CITY ATTORNEY TO SUSPEND LEGAL PROCEEDINGS AGAINST DADE
HELICOPTER JET SERVICES ON WATSON - Forbid City staff to use helicopter
services without Manager's approval - Establish monthly compensation to
be paid to the city by Dade Helicopter for unused hours of flying time -
Allow Dade Helicopter to stay on premises until RFPs are received,
subject to their agreeing to drop all appeal proceedings against the
City.
------------------------------------------------------------------------------
Mayor Suarez: Item 29, Heliport dispute.
Mr. Dawkins: Mr. City Attorney, you have an announcement to make?
Mr. Fernandez: Yes, pursuant to the instructions that you gave me several
months ago, we proceeded against Mr. Terkeurst and his operation in Watson
Island with a lawsuit. We filed the motion for summary judgment which is one
of the legal proceedings involved in a lawsuit almost two months ago and
yesterday we received news that the Judge had granted us our motion for
summary judgment which means that we have already succeeded as against Mr.
Terkeurst. What we have right now in our hands is a judgment that I am
awaiting further instructions from you on how to proceed by way of...
Mr. De Yurre: We had, there is an appeal period to that.
Mr. Fernandez: There is an appeal period, correct.
Mr. Dawkins: OK, I asked that it be put on the agenda for one reason. I feel
that the Dade Heliport should not be treated any differently than Chalk's's
Airlines were treated. Now, you allowed Chalk's Airlines to stay there and I
think and when this is over I'll make a motion that Dade Heliport be allowed
to stay there for ten years or whatever we decide at a rate that is
commensurate to what it is and that we do not treat them any differently than
we treated Chalk's Airlines and that's why I ask that it be put on the
agenda.
Mr. Plummer: Let me ask a question, if I may. Mr. Manager, what prompted, as
I recall, the action to evacuate the Heliport was predicated on them,
according to you, not filing timely reports or filing reports of the ten hours
per month that the City was given in lieu of rent. Am I right, Mr. City
Attorney? I think that was the predicate that was laid.
Mr. Fernandez: I do not believe, we did not proceed under that theory. We
proceeded under a different theory as you know, as we found in our agreement
that we did not have to have any particular reason to evict them. They were
there...
Mr. Plummer: I think as I recall the conversation...
Mr. Dawkins: I beg to disagree, I beg to disagree.
Mr. Plummer: OK, the conversation, and I believe it was by the Mayor, was the
fact that if they weren't going to comply, let's get them out. Now, you know,
I understand that based on the arrangement they had, you did not have to give
reasons, but that in fact, is what prompted it.
Mr. Fernandez: Well, then the better source ...
Mr. Plummer: I remember the Mayor turning to the Manager asking were reports
filed and the answer response was no, OK? Now, in my mind, I voted for the
motion to give them notice predicated on the fact that they supposedly had not
filed timely reports or any reports relating to the status of the rent in
which it was, I think, as I recall, ten hours a month. Now, what I have to
know in my mind, if I am going to change my vote, is some proof that they did
in fact file those reports as their contention and that those reports can be
verified, OK? - and you take it from there. Now, if in fact those reports
were filed and the City got what it agreed to in its contract, then I am going
181 July 27, 1989
to feel differently. If they cannot produce such documentation, then I am not
ready to change my vote, but I think that is what is necessary at this
particular time for my particular reasons.
Mr. Ron Williams: Commissioner Plummer, if I may respond to that, at this
time our records indicate that those reports have been filed.
Mr. Plummer: Have been?
Mr. Williams: Yes.
Mayor Suarez: Let me ask a question about that, if I may inquire. What were
the hours used in the month of, just to pick one, the last month, the month of
June?
Mr. Odio: I was instructed by the City Attorney that we were not to use the
services.
Mr. Plummer: Prior to the litigation, OK? Prior to the litigation, pick any
month that you want.
Mayor Suarez: Are the reports that you are referring to, Ron, the same
reports that I got copies of that indicate that some months, 10.6 hours, no
explanation, no names of the people using the helicopter or do you expect, in
connection with those reports, before I get to the meat of what this lawsuit
was about, which has nothing to do with the reports, that was sort of a
tangential issue and that it indicated nothing except a certain number of
hours and many, many months.
Mr. Williams: I believe you speaking, Mr. Mayor, to some recap. The reports
as they are now coming in will identify...
Mayor Suarez: No, they are not coming in now.
Mr. Williams: I'm sorry, prior to the holding them, or stopping the City from
using the reports. The reports that are coming in now are indicating the
date, the office, the individual, the City individual that used it and just
some general information. I'm not indicating in any way that the full detail
of the report.
Mayor Suarez: Is it not the case Ron, that there was almost an entire year,
maybe more than that, that every month the only information that they
provided, not at the time when they were supposed to provide it, but after the
fact, after we requested them and moved to evict them unless they provided it,
was simply just a certain number of hours and no indication of who used the
helicopters, or do I need to go upstairs and check out my files to prove that?
Mr. Williams: I would also like to look in mine, Mr. Mayor. I'm not specific
as to which dates.
Mayor Suarez: Well, why don't you refresh your recollection before you answer
that, because I don't want to put anybody on the spot otherwise. Now, J.L.
besides that, we have a philosophical problem with the continuation of what is
now a tenancy at will, or well actually, it's an illegal tenancy now,
apparently, because of the summary judgment. Are we saying, are you proposing
that if we were to solve the issue of their performance under the lease that
we can not, and you will not want us to go out for an RFP and see who offers
us more for the use of that property?
Mr. Plummer: Well, Mr. Mayor, that was not my proposal. I didn't even make a
proposal. The only proposal I heard made by Commissioner Dawkins I don't
agree with, OK? I do see a...
Mayor Suarez: Which was that, which was that? I meant...
Mr. Plummer: Well, to treat them the same way as Chalk's, OK? Now, I see a
distinct difference between the two entities. Chalk's had a legal basis, win
or lose, to be there. What I would propose if all of the records are in order
and everything was in order and they have complied with what they were
supposed to do, at best my recommendation would be that we leave them there
until we start to implement the Master Plan. That's as far as I would be
willing to go, in exchange for the same rate as what we have, the ten hours of
use a month, a cumulative up to the 120 hours a year.
182 July 27, 1989
7�
INAUDIBLE BACKGROUND COMMENTS NOT MMRBD INTO THE PUBLIC RECORD.
Mr. Plummer: I'm sorry?
Mr. De Yurre: They are offering twice as much...
Mayor Suarek: Lot me remind you...
Mr. Plummer: Well, if they are offering twice as much, you know I'd be glad
to take it, of course.
Mayor Suarez: And let me remind this Commission that we have already from
another helicopter company an offer of I think it's •$10,000 a month plus the
ten hours and that we ought to at least specify in an RFP what we are looking
for in terms of return to the City for the use of that land and allow others
to compete and see what we get. You know, we just can't simply go and keep
using the same people as honorable as they may be, and I have all kinds of
problems with those reports and I'll point those out to all of you, but...
No, just leave them for a month to month.
Mr. Dawkins: No, I will not vote for month to month.
Mayor Suarez: I just can't... well, that's what we are doing.
Mr. Dawkins: Oh, no we are not.
Mayor Suarez: That's what we are doing.
Mr. Dawkins: No, we are not. I mean, maybe that's what we are doing, but
that's not what I am proposing.
Mr. Plummer: No, what he's proposing is...
Mr. Dawkins: No, but I'll go with anything, we'll give them a year, and then
we go out for a bid, see, but the ... you know, that's how we got hooked up
with Merrill Stevens, a month to month. Nobody is going to make no
improvements and what have you. The guy can't put any money in this knowing
that he is only on a month to month basis. At the end of the year we put out
a referendum. Let's see what they are going to for use. I'm not excluding...
the same way we excluded everybody from Chalk's Airlines. I'm in the minority
and I'm in favor of it because the majority went with it. I'm not fighting
Chalk's Airlines any longer. I lost that to a majority of this Commission, so
I had no problem. I had a problem with it, but I don't.
Mr. Plummer: First and foremost in my mind, Mr. Williams, have you had the
opportunity to review that they were or were not in compliance with the
requirements of the City?
Mr. Williams: Mr. Plummer, as of the date that we were directed to
discontinue usage of the service, the reports were current, to my knowledge.
Mr. Plummer: You say current. Now, I remember the Mayor asking...
Mayor Suarez: I'm sorry, do you have them there? Or am I going to have to
upstairs and look at the ones that I received that don't show any information
for at least 12 months? I mean, any information except 10.6 hours, or 12
hours, or whatever.
Mr. Tony O'Donnell: Could I respond to that?
Mayor Suarez: Well, I mean, I hoped that the person in charge of this issue
from the City's standpoint would have the answer.
Mr. Odio: Because we were not prepared to discuss this item today from the
standpoint of the operations of the facility. They were going to discuss the
law ...
Mayor Suarez: Did you not see extended periods of time where on a monthly
basis all they provided was just a naked statement of the number of hours of
use?
183
Mr. Williams: Sure.
Mayor Suarez: Thank you. And the Manager, you saw it too? Would you put
that on the record, sir?
Mr. Odio: I saw the same reports you did, Mr. Mayor.
Mayor Suarez: Is that compliance?
Mr. Odio: I don't know what their lease... to say yes or no, it would be
unfair. I don't know if the lease, what the lease, or whatever arrangements
they had called for.
Mayor Suarez: Anyhow, it really is a moot question. I mean, let's face it,
we've got an absolute right now and you can contest it by appealing to do with
they want with that property, so I really don't care about the past. Maybe in
the future they would comply if we entered into a contract with them. What is
the logical way of allowing other people to participate in a bidding process
or compete for the use of that land?
Mr. Dawkins: Point of information, Mr. Mayor. Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: The Mayor has stated that we have no other alternative, but to
evict the people because we got a judgment. Is that a fair statement?
Mr. Fernandez: No, sir.
Mr. Dawkins: OK, tell me what some of the other alternatives are, sir.
Mr. Fernandez: The three of you, or the five of you, but in any event, any
three of you can determine what is in the best interest of this City, which
means that if three of you determine not to enforce the judgment that we have
obtained by means of a summary judgment, the current operation as it stands
continues under their present arrangement with the City.
Mr. Dawkins: That's enough. That's it, thank you.
Mayor Suarez: Without competitive bidding, Mr. City Attorney?
Mr. Fernandez: Correct, because they are there, tenants at will. They have
no... they are there basically on a revokable type of permit.
Mr. Plummer: Ah, what you are saying then, let me understand. Three members
of this Commission can give them an extension, but only on a revokable permit
for 30 days.
Mr. Fernandez: No, three members of this Commission can instruct me to
disregard the summary judgment that I have obtained in County Court and then
that leaves everything the way it was before this whole issue arose or if
nothing happens, then I would read that to mean that I proceed to enforce a
judgment get a writ and make sure that they leave there in a short a period as
possible. So I await your instructions. I merely proceed on your request that
I file a lawsuit to evict them and I did that. I did not assert any of the
specific issues that you have all discussed, whether the reports complied,
whether all those issues, because as a matter of law, I did not need to do
that.
Mr. Plummer: Question, how long is the appeal period?
Mr. Fernandez: Thirty days.
Mr. Plummer: They have the right to appeal.
Mr. Fernandez: Of course.
Mr. Plummer: We don't need to.
Mr. Fernandez: Now, it is my understanding also, before we were called by the
judge to tell us of our... of his granting our motion for summary judgment, I
understand that the attorney for the Terkeursts contacted my office and spoke
184 July 27, 19$9
with my assistant who is handling the case and had made an offer as it were,
an offer of settlement that they would be willing to leave, to vacate, by
October lat.
Mr. Tony O'Donnell: Excuse me, Tony O'Donnell with law offices at 801
Brickell Avenue and I'm representing Dade Helicopter and the Terkeurst family
today. Basically, the issue from the outset in our minds, was a
misunderstanding. Mayor Suarez is correct. In November there was a
confrontation and Mayor Suarez said, look, these reports are inadequate, they
are not coming in, and...
Mayor Suarez: That's incorrect, Tony. For many, many months and many, many
hearings, I asked for information and they didn't provide it. I asked the
City to make sure that they give us the information, they didn't provide it.
Mr. O'Donnell: OK, all right, but November was the last...
Mayor Suarez: And when they finally provided it, it still didn't contain any
information worth a damn and it was not in compliance with the lease and now
on top of that, we have a judgment saying that they have no right to be there.
Mr. O'Donnell: Let me just go through that. In November then we began
supplying those reports which I have in my hand today. At the February
meeting, you asked, you were talking about something else, you asked staff
whether the reports were coming in and there was a misunderstanding or
something, you were advised that they weren't coming in. At that point, you
said, my goodness, we just had the November thing, they said they were going
to give us these reports. We had since then had on deposition Mr. Al Armada
who is in charge of these reports. He went through his files, he said from
the time of the November meeting, when the confrontation occurred, through...
Mayor Suarez: I don't call that a confrontation, sir. I called it asking for
them to comply and they wouldn't comply and they wouldn't comply.
Mr. O'Donnell: And we did, and he did after that, but I'm saying, from the
time of the November meeting, through the February meeting, which he was not
in attendance because it was a Chalk's Airlines issue, that the reports were
being supplied and were timely filed with the City... OK.
Mayor Suarez: I agree that for some months, complete reports were presented,
very few months out of the entire time.
Mr. O'Donnell: I understand that, Mayor, but my point is that our feeling was
that at the Commission meeting, that there was a general sort of reaction that
my goodness, we'd thought we'd resolved this in November, and now our staff is
saying that they weren't coming in, and therefore the vote went that way, so
that was the reason that we interviewed... we knew we had submitted them, but
we had a deposition of the City official in charge and he confirmed that and I
have the excerpts of that deposition here in which he confirmed that all those
reports from and after November all the way through really June and July of
this year, because the City has continued to use our services and the use has
been identified in the time...
Mayor Suarez: June or July of this year? I thought you just said that they
weren't submitting them recently because the City Manager stated that we were
instructing our people not to use the helicopters?
Mr. O'Donnell: Someone else said that, I didn't say that. We'd... oh, I'm
sorry.
Mayor Suarez: Are we, have we or have we not been using a helicopter this
year?
Mr. Odio: We sent a memorandum to all the department heads, they were not to
use the helicopter service.
Mayor Suarez: When did you sign that memorandum, Mr. Manager?
Mr. Odio: I don't remember the date. It must have been about a month ago, I
did that.
185 July 27, 1989
Mayor Suarez: When is the last month that we got reports from that we were
using the helicopter?
Mr. Odio: I'll tell you when it happened, during the last Commission meeting,
I believe that the memo was written and sent out.
Mayor Suarez: You did that in consultation with the City Attorney?
Mr. Odio: At the City Attorney's advice.
Mr. Fernandez: Yes.
Mayor Suarez: Do you remember when it was? Do you remember?
Mr. Fernandez: No, I don't remember specifically. As soon as it came to our
attention that we were in court, yet we continued, allegedly continued to use
their services. I...
Mayor Suarez: As soon as it came to your attention that we were in court? We
were in court way before then.
Mr. Odio: I'm being reminded, Mr. Mayor, that it was at the end of May that
we submitted a memo.
Mayor Suarez: The only point really at this time that I really want to make
and I want to clarify to the Commission, the Commission has to act according
to its conscience and its feeling of public policy and it has nothing to do
with your representation which has been eminent under most difficult
conditions. That is that we have to open the use of this property for
competitive bidding of some sort by other helicopter companies including the
ones that have written me. If we don't do that and this not really directed
at your clients, you know, they obviously want to stand up for their
particular rights, we're going to get sued. We've been threatened to be sued,
we've had a company that has made a specific offer and I think the Commission
ought to act. If we don't act, well then, I suppose we have some maintenance
of the status quo.
Mr. Dawkins: I don't have no problems with putting out an RFP that says we
can have two or more helicopters over there. We can make it a municipal
heliport, but I do have a problem with telling me that only one heliport will
be over there.
Mayor Suarez: I fully agree. I think we should at least in our RFP go out for
at least two or more to use that area, I think it's a... and I think the
Manager can analyze that and recommend how many can use it simultaneously.
Mr. Odio: Yes, I'd like to do that, to go out on bids and figure out... not
on bids, I need to maybe come back with something different, that we allow
more than one company to be at that site.
Mr. Plummer: All right, let me ask this question, Mr. Manager. Do you have
any idea of what or when the projected development of Watson Island will be?
Mr. Odio: It won't be next year.
Mr. Plummer: It won't be next year. See, the question that I guess that
really is my mind is that you're only talking about three, four, five, six
months, people aren't going to want to bid for that amount of time.
Mr. Odio: No, I think we should... part of the Master Plan says clearly that
we can have a heliport there and I don't know why we cannot have a municipal
heliport there and charge for use in our land, in landing rights or whatever.
Mr. Fernandez: But in any event, once you were to go out for an RFP, the
Terkeursts, they would compete, just like anybody else, for whatever rights
the City would give to the successful proposer on that score. And keep in
mind that not withstanding whatever differences the City might have with the
Miami Heliport, the issue is that under our existing agreement, we do not have
to have a particular reason to ask them to leave when it serves our better
purposes.
186 July 27, 1989
ter.
Mr. Dawkins: But we also, you've already said it, have a right, if three
Commissioners up here say they don't want them to leave, so you are not to
tell them to leave.
Mr. Fernandez: Correct.
Mr. Dawkins: OK, thank you.
Mr. Plummer: Well, I guess there is another problem. At the present time the
_ Terkeurst Dade Helicopter is operating the building, maintaining the building
and grounds and whatever else there is there. Now, how do you go out if it
were to be a multi -use or multi-user, how do you establish who is going to
maintain the building...
Mr. Odio: What if we created a municipal heliport concept and we go out on
bids and see who would run that heliport and then we would get landing fees.
We would see what the proposal will say. Definitely we should open it up and
see how much money we can make out of this property.
Mr. Plummer: Mr. Manager, how long would it take you to put an RFP together?
Mr. Odio: October, first meeting of October. We have budgets in September.
Mr. Plummer: And what would your proposal be, for a year?
Mr. Odio: If we go out on bids? No, it would be... we will see what the
proposals will... it would be up to you to decide, but it should not be for a
year, it should be for a longer period of time.
Mr. Plummer: What happens in the interim between now and when the REP is
awarded?
Mr. Odio: It is your choice to do what we did with other properties.
Mr. Plummer: What is your recommendation?
Mr. Odio: That we do the same thing we did with Merrill Stevens, that they go
on thirty day, on a month to month basis and that when we are ready to move,
they are out, or...
Mr. Plummer: And that RFP would have to come back before this Commission.
Mayor Suarez: If they don't win the RFP, because they could win the RFP.
Mr. Odio: If they win... I mean, maybe the concept that I see is that
everybody could win, except for the...
Mr. Plummer: That RFP would have to come back to this Commission for
approval.
Mr. Odio: Of course.
Mrs. Range: Did you say that the RFP will go out, will be back in October?
Mr. Odio: No, I will bring it to you for approval in October. Then it would
have to go out and you have to allow at least 90 days.
Mrs. Range: And there is presently a court order to evict them from the
premises at this point?
Mr. Odio: No, I don't know. I don't believe there is an eviction notice,
I...
Mrs. Range: An eviction notice, all right. So, why not...
Mayor Suarez: Yes, we can suspend the operation of the court order that we
requested ourselves, Commissioner, just by agreeing with them after the
procedure to be followed.
Mrs. Range: Why can we not allow them to remain on the premises until such
time as the RFP goes out and comes back in? I think we have to be cognizant
of the fact that even though apparently all of the rules have not been kept,
187 July 27, 1989
that this is an organization which has been on Watson Island over the years
and I think by the services they have rendered over these many years, that
they should be allowed an opportunity to remain there under present conditions
until such time as the RFP is brought back.
Mr. O'Donnell: The idea being if we compete for the RFP and don't succeed,
then we will be notified to leave and then we will...
Mrs. Range: Well, and I think that is only fair, but you are being given
if...
Mr. O'Donnell: In the interim that we will have the ability to continue.
Mrs. Range: If the Commission agrees with my thinking, you would have been
given an ample opportunity to compete and I think that is a part of the total
circumstance that it hasn't been competitive up to this point.
Mr. Plummer: And also, I think if we follow the same tradition and I assume
we would, as Merrill Stevens, if you were not the successful bidder of the
RFP, that you would be given a certain amount of time to get all of your stuff
out of there. I think we gave Merrill Stevens 120 days?
Mr. Odio: They are out November 1st. Commissioner, Mr. Mayor, maybe the
concept that I'm seeing is the same thing we did with Merrill Stevens and I'm
just thinking about that. We asked for a boatyard development here. I think
we should go out on an RFP with a heliport development and let them come in
and offer us to build the buildings and to provide heliport services out there
and heliport landings to all companies that are willing to use it like the
boats use the boatyard. And not limit it to just one company.
Mr. Plummer: Well, let me tell what the problem I have with that. If you
_ build... yes, I understand and, you know, if we weren't thinking about
developing Watson Island, I would agree with you.
Mr. Odio: It's part of the master plan to do that.
Mr. Plummer: Well, you know, we're up in the air on the master plan because,
well, Dick Judy...
Mr. Odio: No, but the master plan allows us to do that.
Mr. Plummer: OK, but what I'm saying is, I wouldn't really want any buildings
built until we're ready to go forth with the master plan.
Mr. Odio: Fine, but you can accept a proposal and I'd like to see a
competition to see what we can get out of this. Maybe we'll get a very - one
of the finest heliports in the country, I don't know. And it could serve the
port also.
Ms. Range: And then, sir, isn't it expedient to allow them to remain until
such time as the RFP goes out and they certainly have a right.
Mr. Odio: I suggest you do that and we can do two things, since the hours are
difficult to account for, that they pay us $2,000 a month as long as they're
there or if you wish, the hours. I prefer the $2,000 really.
Ms. Range: Well, I'm not going to get involved in the agreement whatever that
has been because I'm not privy to that information, but...
Mr. Odio: I prefer to take $2,000 a month, Commissioner.
Mo. Range: But I'd certainly be willing if the discussion... Mr. Mayor, Mr.
Mayor.
Mayor Suarez: Yes, ma'am. Madam Commissioner.
Ms. Range: If the discussion is about over, in order to bring this to a
close...
Mayor Suarez: Yes, I'll entertain a motion along the lines that you've been
discussing. However you want to do it, the hours or the money is...
188 July 27, 1989
a
s
Me. Ranges Vary good. Then let's go with the motion to allow theta to rei$a n
Mr. Pluffner: Fell, Can I...
Me. Ranges Yes?
Mr, Plummer: Let's have the beat of both worlds that you're talking about
$200 an hour for the helicopter.
Mr. Odios And it's ten hours at $2,000.
Mr. Plummer: And then whatever hours are not used by the City that the
difference would be paid in cash. If the City uses 8 hours, then they pay us
$400.
Mr. Odio: Yes, but my problem with the hours is that I have no control over
who picks up the phone and there is...
Mr. Plummer: Sure, you do, that's simple. From this motion forward...
Mr. Odio: Fine, I'll tell...
Mr. Plummer: ...no one can use it without your approval.
Mr. Odio: Good, it's done.
Mr. Plummer: OK?
Ms. Range: I'll offer such a motion, Mr. Mayor.
Mr. Odio: Nobody uses...
Mr. Plummer: Huh?
Mayor Suarez: Do you want to make it, except for the Commissioner.
Mr. Plummer: Still you got to approve it by him.
Mayor Suarez: Actually, I'm not sure that I would want to use it because it
might drop me off in the middle of the ocean some place.
Mr. Plummer: What do you mean, may...
Mr. Jorge Fernandez: Mr. Mayor, a point of...
Mr. Plummer: ...might?
a
Mayor Suarez: What's that?
Mr. Fernandez: From the legal perspective, until these issues are otherwise
resolved, I would like for the summary judgment, the judgment that we have
already obtained, to remain the position in which we stand.
Mayor Suarez: I would make...
Mr. Dawkins: I would hope not.
Mayor Suarez: ...I would think that that could be somehow worked out between
the attorneys. You can recommend the form to us.
Mr. Dawkins: No wayl No way! No wayl I mean, now hold it, now, no way I'll
vote for it. That's what I'm saying.
Mayor Suarez: Wait, wait, Commissioner, I think we could solve this.
Mr. Fernandez: The problem that I have with that...
Mayor Suarez: The understanding of the Commission is that we suspend all
F
legal action and you reach whatever form that makes the most sense to do and
come back to us and we'll approve the form. I don't know, off the tap of my
head, what the best way to do it is. They might not agree to have the summary
189 July► 27, 198.9
judgment hanging over their heads. However you.. because they have to
reserve the right to appeal.
Mr. Dawkins: I got a choice.
Mayor Suarez: I'm sure that attorneys can agree on a form. You're not going
to give up your right to appeal, obviously. We're not going to give up our
right to enforce the summary judgment...
Mr. De Yurre: But, Mr. Mayor...
Mayor Suarez: ...and I don't know what the best...
Mr. De Yurre: We're sending out a wrong signal here.
Mr. O'Donnell: All right, if...
Mr. De Yurre: If we're going to be spending our City Attorney's office's time
and money and efforts, and when we go through the whole process and we've got
what we want, we just throw it away, it doesn't make sense because we could
have done this six months ago.
Mr. Dawkins: But that's not what everybody wanted. I didn't want that.
That's not what everybody wanted.
Mr. De Yurre: But why did we wait for this?
Mr. Dawkins: But that was the majority of you wanted. OK?
Mr. De Yurre: Why are we waiting for the process, the legal process to end
for then to have them come in?
Mayor Suarez: No, I agree with you, Mr. Vice Mayor, I just don't think that
we have a fundamental disagreement given this other understanding of how to
proceed from here. I think it can be worked out between the attorneys as to
form that neither side gives up any rights.
Mr. De Yurre: OK, that's good, but, you know...
Mr. Fernandez: I think I understand what is the will of the Commission. I
would like some sort of a motion passed so that then I could proceed to carry
out...
Mayor Suarez: Suspend legal proceedings without either side losing any of its
rights to enforce their respective legal positions. However you can work that
out.
Mr. Dawkins: So move.
Mr. Fernandez: Suspend, correct.
Ms. Range: Yes, and I'd offer that motion.
Mr. Dawkins: Second.
Mr. Plummer: I'm sorry, I thought that they only had thirty days in which to
appeal.
Mr. O'Donnell: Yes, we do. We'd have to get an agree...
Mr. Plummer: After the 30 days, they lose their right.
Mr. O'Donnell: What I understand is we have an agreement being
g B proposed.-
-
that was being proposed here of ten hours or $2,000 and it has to go.through
you. The same agreement but these are the terms.
Y-
Mr. Odio: But that doesn't...
Mr. O'Donnell: ... amended terms... µ
Mr, Odio: Yes, but that has nothing to do with the legal.
190 July 27, 1909
Mr. O'Donnell: Well, but the point is that would be a settlement of the legal
Issue.
Ms. Range: Well, sir...
Mr. De Yurre: No, no, no.
Me. Range: If you were to accept what has been said here this afternoon...
Mr. O'Donnell: Yes.
Ms. Range: ...would you not be willing to give up your right to appeal since
you're going to go after the RFP like everybody else? Would you not give up
your...
Mr. O'Donnell: If we have an agreement. If we have an agreement to operate
under the terms that you've proposed, yes.
Ms. Ranges Yes, that's what I'm saying, if we have the agreement to operate
with ten hours or $2,000, whichever the Commission decides upon, and you do
not... you agree not to appeal, then it is quite clear you will have an
opportunity when the RFP goes out to bid. Is that satisfactory?
Mr. O'Donnell: I'd let the City Attorney respond to that, please.
Mr. Fernandez: I don't think that the parties here understand the implication
that by virtue of the letter that the Manager sent to them stating that he was
cancelling their lease agreement which could unilaterally be done, that, in
fact, the City has already expressed itself in that. -f we eliminate the
legal standing that we have right now, which is that we have a judgment
against them that we can proceed at any time that you so instruct me, if we
eliminate that, then you will be in a worse position than you presently would
be under the summary judgment because that would force you or would force us
in order to allow you in there to put it through the competitive bidding
process.
Mr. O'Donnell: Well, my understanding of terminating...
Mr. Plummer: Well, wait a minute. Fairness works both ways.
Mr. O'Donnell: Yes.
Mr. Plummer: OK? What I'm looking at right now is that you're looking at
three, six, approximately 9 months that you will be remaining there. Now, if
you're not happy with that, you go ahead and appeal. You still got a shot.
OK? But what I guess I'm saying, Mr. City Attorney, is that you've got the
judgment, they don't appeal, you don't execute it.
Mr. Fernandez: Correct.
Mr. Plummer: OK?
Ms. Range: Right, right.
Mr. Plummer: Now, if they want to appeal, if they want to appeal, God bless
them, but I got to tell you, if they appeal and lose...
Ms. Range: Well, I should certainly think that we're all in earnest about
this.
Mr. O'Donnell: Yes, I understand.
Ms. Range: That you would be honorable enough to give your word that you will
not appeal the City, on the other hand, could suspend its judgment against you
and then go for the RFP. Isn't that correct, Mr. Attorney?
.; Mr. Fernandez: Say that again. If they don't appeal?
{t Ms. Range: I'm saying to them, I'm saying to them that if we are in earnest
I about attempting to work this problem out...
Mr. Fernandez: Correct.
191
July 27, 1989
i
5�.
=sx,.
Ms. #tanget I think they should be honorable enough, if they're going to
accept the fact that they're going to be allowed to stay there until such time
as the Rl+'P goes out and they are Allowed to bid...
Mr. Fernandez: Correct.
Ms. Range: ...then they should be honorable enough, on their word, not to
appeal.
Mr. Fernandez: As City... yes, fine.
Ms. Range: If they do not appeal, then we could withhold the action of
eviction. They would go on in the manner in which they are now until such
time as the RFP is drawn and goes out and comes back in for bid.
Mr. Fernandez: Issues of honor.
Mr. De Yurre: Well, you know, I think that, Mr. City Attorney...
Mayor Suarez: Mr. Vice Mayor, can you have...
Mr. De Yurre: One thing we have to make clear is that the appeal is only as
to procedural, not on the merits, and I'm sure that procedurally, the City
didn't make any errors so there's nothing to appeal. So, we got to understand
that too.
Mayor Suarez: Do you have a sense of what we want to do?
Mr. Fernandez: Yes, I certainly do.
Mayor Suarez: All right, do you want to make it into the form of a motion and
we proceed with the RFP?
Ms. Range: Yes, I'll...
Mayor Suarez: Commissioner Plummer has estimated that the process might take
as much as nine months and it's understood that...
Mr. Plummer: Excuse me, that's what the Manager said; three months to prepare
the RFP, three months to come back, if they're not the winning bid, they have
three months to vacate.
Mayor Suarez: During which time they will compensate as proposed by the two
of you...
Ms. Range: Oh, yes. Yes, they'll compensate the $2,000 or the ten hours.
Mayor Suarez: Up to $2,000 or ten hours, if we don't use them. OK, is that
in the form of a motion?
Mr. Fernandez: Yes.
Ms. Range: Yes, that's in the form of a motion.
Mayor Suarez: Somebody second please.
The following resolution was introduced by Commissioner Range, who mowed
its adoption:
RESOLUTION NO. 89-723
A RESOLUTION AUTHORIZING DADE HELICOPTER SERVICES,
INC. AND/OR DADE HELICOPTER JET SERVICES, INC. TO
REMAIN ON THE PREMISES KNOWN AS "THE WATSON ISLAND
GOODYEAR PROPERTY" UNTIL SUCH TIME AS A CONTRACT IS
AWARDED FOR USE OF SAID PROPERTY PURSUANT TO A REQUEST
FOR PROPOSALS;" DIRECTING THE CITY ATTORNEY NOT TO
EXECUTE ON A FINAL JUDGMENT EVICTING DADE HELICOPTER
IF DADE HELICOPTER DOES NOT APPEAL SAID FINAL
JUDGMENT; AND PROVIDING FOR COMPENSATION TO THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. O'Donnell: Thank you very much.
38 (A)APPROVE PROPOSED CHARTER AMENDMENT NO. 1 RAISING THE AMOUNT AT WHICH THE
REQUIREMENT FOR OBTAINING SEALED BIDS IN THE PROCUREMENT OF CITY GOODS
AND SERVICES BECOMES APPLICABLE - Provide for holding of Special
Municipal Election.
(B)STIPULATE THAT IF PROPOSED CHARTER AMENDMENT NO. 1 IS ADOPTED AT THE
POLLS, CITY MANAGER WOULD STILL BE REQUIRED TO NOTIFY CITY COMMISSION AS
TO ALL PROCUREMENT ITEMS APPROVEn BY THEM.
Mr. Jorge Fernandez: Mr. Mayor...
Mayor Suarez: Item... yes?
Mr. Fernandez: May I please impose on you consideration of the Charter
amendments at this time?
Mr. Plummer: No.
Mr. Fernandez: Commissioners, I passed to each of you a packet containing
Charter amendment number one, Charter amendment number two, and Charter
amendment number three. If you would please pull from your packet Charter
amendment number one, this is the second resolution that you must pass which
would make this ultimately a question in the election- in 1989, in November.
You can quickly peruse the title and let me call yotir attention to the most
important provisions there, and this is the Charter amendment that changes the —
amount of $4,500 to $10,000. As you well remember, you discussed that this w
morning. That is a change that's being made. The administration can now
spend...
Mr. Plummer:
Mr. Fernandez:
Mr. Plummer:
thousand...
193 July 27* 1909
zrri -` _
Me. Mange: Right.
Mr, Plummer: But it would give us the latitude to set it anywhere in between:
So the wording should be, "... not to exceed ten thousand..." Not to exceed
ten.
Mr. Fernandez: The...
Mr. Plummer: He's saying for the record...
Mr. Fernandez: Yea...
Mr. Plummer: ... that we can always do that by ordinance afterwards.
Mr. Fernandez: Yes, for an amount that's less than ten.
Mr. Plummer: Less than ten, yes.
Mr. Fernandez: Correct.
Mr. Plummer: OK.
Mr. Fernandez: And that is very simple and that's all that happened. Now,
let me call your attention to the ballot question to make sure you understand
what the voters would be confronted with and that is found in page five.
Mr. Dawkins: Well, do we have to vote on these?
Mr. Fernandez: Yes, you do.
Mr. Dawkins: Well, read this one and let us vote on it. The one you just
finished explaining. Read it and let us vote on it and go to the next one.
Mr. Fernandez: I'm going to read the ballot question which encapsulizes
everything else that you have in front of you, yes. Charter amendment number
one.
Mr. Dawkins: All right, let's go with that and vote on it.
Mr. Fernandez: Correct. But, by reading to you the ballot question which is
found on page five, you will get the sum and substance of this Charter
amendment. The people will be asked to vote yes or no on the following.
"Shall Charter amendment number one be adopted to provide for an
increase from $4,500 to $10,000 in the dollar amount of which the
requirement of obtaining sealed competitive bids and the procurement of
City goods, supplies and commodities becomes applicable? Yes or no."
Mr. Fernandez: And that is, in essence, what you would like to have as
Charter amendment number one. Mr. Mayor, I need a vote on this.
Mayor Suarez: I'll entertain a motion on it. I'll move it. Somebody move
it.
Ms. Range: What's the matter with it? Why doesn't anybody move it?
Mr. Plummer: Hello?
Mayor Suarez: Cancelled for lack of interest.
Ms. Range: Oh, no.
Mayor Suarez: Who ever moved it last time when we got this far. I don't know
if it was a close vote or not. Do you want to move it?
Mr. Plummer: It was unanimous so I'll move it, Mr. Mayor.
Mayor Suarez: Moved. Somebody second.
Ms. Range: I'll second.
Mayor Suarez: Call the roll on that first Charter amendment wording.
194 July 27, 1989
The following resolution was introduced by Commissioner Plummert who
monied its adoption:
RESOLUTION NO. 89-724
A RESOLUTION, WITH ATTACHMENT, APPROVING, SETTING
FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER
AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI,
KNOWN AS CHARTER AMENDMENT NO. 1, TO PROVIDE THAT THE
DOLLAR AMOUNT AT WHICH THE REQUIREMENT OF OBTAINING
SEALED COMPETITIVE BIDS IN THE PROCUREMENT OF CITY
GOODS, SUPPLIES AND COMMODITIES BECOMES APPLICABLE BE
RAISED FROM $4,500 TO $10,000 WITH THE CITY COMMISSION
BEING EMPOWERED BY ORDINANCE TO REQUIRE SUCH BIDS IN
PROCUREMENT CONTRACTS FOR LESSER DOLLAR AMOUNTS;
FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 7TH DAY OF NOVEMBER, 1989
FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1
TO THE ELECTORATE AT SAID ELECTION MORE PARTICULARLY
BY AMENDING SECTION 29-A OF SAID CHARTER; FURTHER
DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45
DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL
ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was,passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Ms. Hirai: Mr. De Yu... Charter amendment number one, increasing forty-five
hundred, not to exceed ten thousand, up to $10,000 for discretion. So far, a
"no" vote from Mr. Dawkins.
Mr. De Yurre: He's the only one that's voted?
Ms. Hirai: No, I begun with Mr. Plummer and Mrs. Range voted yes for it.
Mr. De Yurre: I would vote "yes" provided that we get a... I would like to
have some kind of report as to what items are expensed like on, maybe, a
ninety day...
Mayor Suarez: I think that was part of it, yes.
Mr. Plummer: That was part of the motion.
Mr. De Yurre: Is it...?
Mayor Suarez: I don't know that it's in the Charter amendment.
Mr. Fernandez: Yes, but I cannot include that in the Charter, I...
Mr. Plummer: You don't have to, we made that as a motion.
Mr. Fernandez: Sure - yes, you can make that a request of your administration
at any time.
Mr. De Yurre: OK, well, I'm making it now then.
195 July 27, 1989
S L�gs�Y
Mrs. fersafideas. All right,
Mr. be Turret OK.
Mr, tornaftdo tt but the Charter aa:eadmint will not reflect that
a
Mr. be Yurret Ott, that's fine.
Mayor Suarest Ott, complete the call, the..
a
Mr. be Yurre: I vote yes.
Mayor Suareat ... the roll call.
!i
Q
COMMENTS MADE FOLLOWINGS ROLL CALL:
Mr. Fernandez.: Thank you. Then you have two Charter amendments left.
5
Mr. be Yurre: OK now, hold it. Now,
, I move that weget quarterly
reports on t
all items expensed within the $10,000 figure.
Mayor Suarez: Assuming that the Charter amendment passes.
Mr. De Yurret Assuming that it passes.
Mayor Suarez: Don't you want to wait for it to pass?
'#
Mr. Dawkins: Second.
Mr. De Yurre: Yes, well, I just...
Mayor Suarez: All right, assuming it passed. Moved and seconded.; Any
discussion? If not, call the roll. It certainly reflects the intent of the
Commission.
+
The following motion was introduced by Commissioner De Yurre,
who moved
its adoptions
MOTION NO. 89-725
'.
A MOTION STIPULATING THAT EVEN IF PROPOSED CHARTER
p.
J'
AMENDMENT NO. 1 WERE TO BE ADOPTED AT THE POLLS ON
NOVEMBER 7, 1989 MODIFYING THE REQUIREMENT FOR SEALED
BIDS, THE CITY MANAGER WOULD BE REQUIRED TO NOTIFY THE
CITY COMMISSION AS TO ALL THOSE PROCUREMENT ITEMS THAT
MAY NOW BE APPROVED BY HIM UNDER THE PROPOSED $10,000
LIMITATION.
Upon being seconded by Commissioner Dawkins, the motion was
passed and
adopted by the following vote:
r
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
!
NOES: None.
�=
4
ABSENT: None.
r
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1
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J.
.
.. .
, ;, .` tip !
490,
34
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----------------------------------------------
39 (A)STIPULATE THAT, CONCERNING PROPOSED CHARTER AMENDMENT NO. 3,
COMPENSATION TO BE PAID TO THE MAYOR SHOULD BE 10% HIGHER THAN THAT PAID
TO OTHER CITY COMMISSIONERS.
(B)APPROVE PROPOSED CHARTER AMENDMENT NO. 3 - Provide that compensation
presently paid to City Commissioners be adjusted to reflect changes in
the Consumer Price Index since 1949 - Provide annual adjustment
mechanism - Mayor to be paid 10% higher salary than that paid to other
City Commissioners - Call and provide for Special Municipal Election to
be held November 7. 1989.
(C)INSTRUCT CITY ATTORNEY TO DRAFT PROPOSED CHARTER AMENDMENT NO. 2 -
Provide for expansion of Commission districts - Establish district
boundaries - Provide for staggered terms and for dates/manner of
elections for all Commissioners - Change requirement for extraordinary
vote (See label 39D).
(D)APPROVE PROPOSE CHARTER AMENDMENT NO. 2 - Restructure form of municipal
government (See label 39C).
(E)ALLOCATE $50,000 FOR PURPOSES OF EXPLAINING TO CITY VOTERS THE ELEMENTS
INVOLVED IN THE THREE CHARTER AMENDMENTS TO BE VOTED UPON AT THE
NOVEMBER 7, 1989 SPECIAL MUNICIPAL ELECTION.
Mayor Suarez: What's at the second charter amendment?
Mr. Jorge Fernandez: Yes, the second one you have left in your packet then,
charter amendment number two and charter amendment number three. Let's first
take number three, if you don't mind. And this is the one that deals with the
salary as a separate question. You've instructed me this morning by one
resolution, resolution 89-696, to bring this back to you...
Mayor Suarez: OK, does this reflect the proposal by the Commissioner Plummer
to have it be based on CPI increase from the year that it was first set at
five thousand which was 1949?
Mr. Fernandez: It does.
Mayor Suarez: OK.
Mr. Fernandez: And if you look at page two of charter amendment number three,
it clearly sets that out.
Mayor Suarez: OK.
Mr. Plummer: Well, wait a minute, wait a minute, excuse me. It was my
proposal that the Mayor would receive 10 percent more than the Commissioners.
Mr. Fernandez: That was in the original instructions that you gave me on July
13th. Now, when you reinstructed me this morning to make this a separate
question, that issue was not addressed and, therefore, I did not take the
liberty of making the Mayor's ten percent more.
Mr. Plummer: I, for one, think that the Mayor should - he puts in more time
and I think he should be entitled to 10 percent. He now gets $6,000 instead
of. five.
Mayor Suarez: No, no.
Mr. Plummer: Yes.
Mr. Fernandez: No, no.
Mr. Plummer: What do you mean, no?
Mr. Fernandez: Everybody gets five. He gets $2,500 more by way of an expense
account in the charter.
Mr. Plummer: The hell you say.
Mr. Fernandez: That's the way I read the charter.
197 July 27, 1989
0-
•
Mr. Plummer- Oh, Ott, but I still feel that the Mayor should be paid lO
percefit more than the Commissioners. Now, others might not feel that..,
Mr. Dawkinst I agree, I mean, he deserves it. In fact, he deserves 30
percent...
Mr. De Yurre: I'd give hits twenty.
Mr. Fernandez: All right, if that is the feeling of this Commission, I can...
Mayor Suarez: Twenty, going once; going twice... I would leave it the way it
is because I don't know if, at this late stage, we ought to be tinkering
around with it any more.
Mr. De Yurre: What I've heard is that the Mayor's going to decline any amount
of pay raise, he's going to donate it anyway so...
Mayor Suarez: Donate it right to the...
Mr. Plummer: To the what?
Mayor Suarez: What's your favorite charity?
Mr. Plummer: To the Rita Suarez foundation relief.
Mayor Suarezt For the four kids. All right, does it make any sense for us to
be tinkering with it at this...
Mr. Fernandez: If you want to, I could insert it. All you'd need to let me
know is by a vote of three of you that you want that.
Mayor Suarez: Remember, he's liable to go back and bring us back another one
of these and...
Mr. Fernandez: No, no, that wouldn't be necessary.
Mr. Plummer: I will move that the Mayor's compensation be 10 percent more
than the Commission compensation.
Mr. Dawkins: I second.
Mayor Suarez: Moved and seconded. Any discussion? If not, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-726
A MOTION STIPULATING THAT, IN CONNECTION WITH PROPOSED
CHARTER AMENDMENT NO. 3, INCREASING COMPENSATION TO BE
PAID TO MEMBERS OF THE CITY COMMISSION, THE
COMPENSATION TO THE MAYOR SHOULD BE 10 PERCENT ABOVE
THE COMPENSATION PAID TO OTHER CITY COMMISSIONERS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote: J'
AYES:
NOES:
ABSENT:
Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
P
Mayor Xavier L. Suarez
!h
None.
Mayor Suarez:
Mr. Fernandez:
Mr. Plummer:
pass for sure.
MOM
Mr. Pernandest So theft,* for the exception of this motion that you gust have
made, really, the valid question would read as you would find it on page at*
of charter amendment number three, "...Shall charter amendment number three be
adopted to provide that the annual compensation of five thousand dollars
presently paid to the Mayor and +Commissioners, be increased in proportion to
changes in the consumer price index since 1949 and thereafter; making annual'
adjustments in said compensation based on changes to said indent." The only
thing that would read differently ib that I would find a way within the
seventy-five word limit to put in that the Mayor would make ten percent more
always than the Commissioners.
Mr. Plummer: Correct.
Mr. Fernandez: All right?
Mr. Dawkins: So move.
Mayor Suarez: Moved. That's the formal resolution of the same thing we've
been discussing all day. OK, do we have a second?
Mr. Plummer: Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-727
A RESOLUTION, WITH ATTACHMENT, APPROVING, SETTING
FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER
AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 3,
TO PROVIDE, EFFECTIVE• IN 1991, THAT THE ANNUAL
COMPENSATION OF $5,000 PRESENTLY PAID TO INDIVIDUALS
HOLDING THE OFFICE OF COMMISSIONER AND TO THE
INDIVIDUAL HOLDING THE OFFICE OF MAYOR BE PROPORTIONAL
TO CHANGES IN THE CONSUMER PRICE INDEX, (CPI) SINCE
1949, AND THEREAFTER SUCH SALARIES ARE TO BE ADJUSTED
ON AN ANNUAL BASIS IN PROPORTION TO THE CHANGE OF SAID
INDEX, WITH THE MAYOR RECEIVING ANNUAL COMPENSATION '
TEN PERCENT (10%) HIGHER THAN THAT PAID TO ALL OTHER
COMMISSIONERS; MORE PARTICULARLY BY AMENDING SECTION 4
OF SAID CHARTER; FURTHER CALLING AND PROVIDING FOR A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY
OF NOVEMBER, 1989, FOR THE PURPOSE OF SUBMITTING
CHARTER AMENDMENT NO. 3 TO THE ELECTORATE AT SAID
ELECTION; FURTHER, DIRECTING THAT A CERTIFIED COPY OF
THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF
ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT
LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL
MUNICIPAL ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
ad adopted by the following vote: {
's
YES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range k
Commissioner Miller Dawkins !'
Vice Mayor Victor De Yurre !
Mayor Xavier L. Suarez k_
)ES: None.
3SENT: None.
r. Fernandez: Yes, and last, is charter amendment number -two,and. -this;is: the
Lggie. With that, we also passed out to you what will, in easence, be. the
199 July 27, 4989
f irat resolution. The instructing resolution that you passed this morning.
Mr. Mayor, I need you to call a vote of the first resolution in which you
instruct me to bring to you the second one before I can bring you the second
one.
Mayor Suarez: I'm not sure what sense any of that makes, but, yes, I will
call for a vote of the first one so you can bring back the first one or the
second one, whichever it is you said.
Mr. Fernandez: Yes.
Mr. Dawkins: So move.
Mayor Suarez: So moved.
Mr. Plummer: Mr. Mayor, to be consistent, I will vote against the first one
knowing fully well what the vote will be on the second one, but to be
consistent in my opposition to nine members rather than seven, I have to vote
no on the first. I will then abide by the majority of the Commission on the
second.
Mayor Suarez: OK, so moved. Do we have a second?
Ms. Range: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-728
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT A
CITY CHARTER AMENDMENT TO BE KNOWN AS CHARTER
AMENDMENT NO. 2 FOR REFERENDUM ON NOVEMBER 7, 1989, TO
PROVIDE FOR EXPANDING THE COMMISSION FROM FIVE TO NINE
MEMBERS, FIVE OF WHOM ARE TO BE ELECTED ON THE BASIS
OF SINGLE -MEMBER DISTRICTS AND FOUR OF WHOM, INCLUDING
THE MAYOR, ARE TO BE ELECTED AT LARGE; ALSO PROVIDING
FOR DISTRICT BOUNDARIES TO BE ESTABLISHED AND
REDEFINED, SUBJECT TO COMMISSION APPROVAL, BY A
BOUNDARIES COMMITTEE, WHICH SHALL BE IMPANELED IN 1991
AND AFTER EACH FEDERAL DECENNIAL CENSUS; PROVIDING FOR
STAGGERED TERMS OF OFFICE AND FOR THE DATES AND
MANNAGER OF ELECTIONS FOR ALL COMMISSIONERS AND THE
MAYOR; AND CHANGING THE REQUIREMENT FOR AN
EXTRAORDINARY VOTE OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
ol
NOES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
ABSENT: None.
Mayor Suarez: Now, what do we need to take up now?
Mr. Fernandez: Now, we're on the final leg of the Journey...
Mayor Suarez: The triad.
Mr. Fernandez: ... and you have the biggie which is charter amendment number
two. Charter amendment number two, let me walk you through it quickly. If
you turn to page number two, basically there we clearly set out that we're i
200 July 27, 1969
St
increasing the size of the Commission from five members to nine; five being
elected from districts, four being elected at large. Then we also provide for
a method of staggering in using the coffee can. That should be familiar to
all of you what we mean by that.
Mr. Plummer: Suitable container.
Mr. Fernandez: Suitable containers, correct. Then we provide furthermore on
that, that boundaries are not being determined now but we're only offering the
electors the principle or the concept of districts that there will be a
committee who would be doing the boundaries recommending it to the City
Commission and the City Commission would be passing on that in time for the
1991 elections. If we proceed with that, and then you provide also for the
makeup of the committee, of that boundaries committee being made up of five
members who must reside in this community and all the other particulars that
you've been...
Mr. Plummer: No, no, no, no. They must reside in the district.
Mr. Fernandez: ... in the City.
Mr. Plummer: Not in the community.
Mr. Fernandez: No, in this City, I'm sorry, I meant to say in this City.
Mr. Plummer: You said in the district.
Mr. Fernandez: I correct myself. The five members who would make up the
boundaries' committee would be residents of the City of Miami.
Mr. Plummer: Oh, I'm sorry, I'm sorry, you're speaking to the committee. I
stand corrected. I'm sorry.
Mayor Suarez: Right.
Mr. Fernandez: Yes, committee, committee. To the committee. All right,
furthermore, the other change that we have in this charter amendment is the
issue that we've changed the extraordinary vote from four -fifths to seven -
ninths requirement. And in all other respects, that's basically what we have
done with this charter amendment. I call your attention to page now, page
thirteen, where we have the ballot question and the ballot question
encapsulizes really the substance of what the voters would be looking at in
November. And that's...
Mr. Plummer: You have one flaw.
Mr. Fernandez: Yes.
Mr. Plummer: I think you have a flaw.
Mr. Fernandez: Which is?
Mr. Plummer: I don't see in this, in anywhere, that this is to become
effective in 1991.
Mr. Fernandez: Yes, we have that, Commissioner. We have that on page...
Mr. Plummer: But it's not in the ballot question. And I think that's very,
very important. I don't find in here that all members run in 1991.
Mr. Fernandez: We're limited...
Mr. Plummer: But you're not using 75 words here. You're nowhere near it. I
think it's an impor... I think that whatever ballot you put should be as
educational to the public as you can.
Mr. Fernandez: Yes, correct, I agree.
Mr. Plummer: One, two, three, four, five - one, two three, four, five...
Mr. Fernandez: We could include that. That's a...
201 July 27, 1989
2
t1t. Piionmert aix, so"tit eight, nine, ton, Nu only have ro *h1Y har*44, i
Mr. Fernandeet Sixty.
Mr, Plummer, Fifty words, fifty-five words, OX?
:.
Mr. Fernandetrt -Fen,
Mr. Plummer: And I think you ought to put an implementation date, 1991, and
all run in 1991.
Mr. Fernandez: All nighty. That's why it's important that we read what will
be going in the ballot at this time. So, with the recommendation that you've
made, Commissioner Plummer, it would read, "... shall charter amendment number
two be adopted to provide expansion of Commission from five to nine members,
five from districts and four at large, all to be elected in the elections in
1991; providing for a method of defining district boundaries, staggered terms
of Mayor and Commissioners, with date and manner of their election, and
changing the required extraordinary vote to seven -ninths."
Mr. Plummer: For the record, I want it on the record that a quorum is a
—
majority of the total number, not those present, as it commonly, is in the
charter today.
Mr. Fernandez: Correct.
Mayor Suarez: That's right. OK.
Mr. Fernandez: So that means, a quorum, if this passes, would be five.
Correct.
Mayor Suarez: OK, I'll entertain a motion on that; should reflects everything
that we voted on.
Ms. Range: I'll offer it.
Mayor Suarez: So moved.
iJ
Mr. Plummer: You second it?
Mr. Dawkins: Yes.
;!
—
Mayor Suarez: Seconded. Any discussion? If not, call the roll.
i
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The following resolution was introduced by Commissioner Range, who moved
its adoptions
RESOLUTION NO. 89-729
A RESOLUTION, WITH ATTACHMENTS, APPROVING, SETTING
FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER
AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 2,
TO PROVIDE, EFFECTIVE IN 1991, FOR EXPANDING THE
COMMISSION FROM FIVE TO NINE MEMBERS, FIVE OF WHOM ARE
TO BE ELECTED ON THE BASIS OF SINGLE -MEMBER DISTRICTS
AND FOUR OF WHOM, INCLUDING THE MAYOR, ARE TO BE
ELECTED AT LARGE; ALSO, PROVIDING FOR DISTRICT
BOUNDARIES TO BE ESTABLISHED AND REDEFINED, SUBJECT TO
COMMISSION APPROVAL, BY A BOUNDARIES COMMITTEE, WHICH
SHALL BE IMPANELED IN 1991 AND AFTER EACH FEDERAL
DECENNIAL CENSUS; PROVIDING FOR STAGGERED TERMS OF
OFFICE AND FOR THE DATES AND MANNER OF ELECTIONS FOR
ALL COMMISSIONERS AND THE MAYOR; CHANGING THE
REQUIREMENT FOR AN EXTRAORDINARY VOTE OF THE CITY
COMMISSION; MORE PARTICULARLY BY AMENDING SECTIONS, 4,
6, 7, 12, 13, 19, 32 AND 39 OF SAID CHARTER; FURTHER
CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON THE 7TH DAY OF NOVEMBER, 1989, FOR THE
PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE
ELECTORATE AT SAID ELECTION; FURTHER, DIRECTING THAT A
CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE
SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY,
FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF
SUCH SPECIAL MUNICIPAL ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
Mayor Suarez: Yes. I'm going to vote yes although I think we've all taken
quite a few subordinate votes that show how we feel about elements of it.
There's some elements that I don't agree with but I'm going to vote yes on the
overall plan.
Mr. Fernandez: Mr. Mayor, I have one more resolution and that"s the
resolution that you usually pass allocating $50,000 whenever you have a...
Mayor Suarez: To inform the electorate about the charter....
Mr. Fernandez: Exactly.
Mayor Suarez: OK.
Mr. Dawkins: So move.
Mayor Suarez: So moved.
Mr. Plummer: That and - excuse me - that is to be approved by this Commission
before it is forwarded out.
Mr. Fernandez: It makes the Manager the person responsible for the campaign,
Mr. Plummer: I think you ought to run it by us. OK?
203 July 270 4989
s
7
"k
t
77
mri Ibraindea! OK. Now. i i
k
1
Mr. plummart OK9 because let's remember, one time this thing Want to .tbUtt '
and it was not declared to be educational in nature and was thror►n out ,of
+court.
Mr. rernandsas And this *111 include all three referendums, all Ehits*
questions, correct?
Mr. plummert Correct.
Mr. rernandezt Thank you. Thank you for your patience, oh...
Mayor Suarez: Do we have a motion?
Mr. Dawkinst Yes, I moved it.
t<
Mr. plummert Move it. r
1
Mr. Dawkins: I moved it.
Ms. Hirai: Yes. —
Mayor Suarez: Call the roll.
Mr. De Yurre: What's the motion?
Mr. Dawkins: That we spend $50,000 educating the voters about...
e.
is
k
40 (A)AUTHORIZE MANAGER TO OFFER CITY EMPLOYEES PRESENTLY BEING AFFORDED
PARKING EXPENSES METRORAIL PASSES TO BE USED IN LIEU OF SUBSIDIZED
PARKING.
(B)DIRECT MANAGER TO INITIATE STEPS TO OFFER FOR SALE PARKING GARAGE NO, 5
IN GOVERNMENT CENTER.
(C)AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY TO
ESTABLISH PROPOSED MILLAGE RATE FOR THE DOWNTOWN DEVELOPMENT DISTRICT
(Fiscal year October 1, 1989-September 30, 1990) (See label 3).
F
Mayor Suarez: There were some representatives here of the Downtown
Development Authority on a prior item or are they gone now? Marty Fine and
company. I don't see them anywhere. We have to set the millage rate at
least, J.L., had you gotten a chance to look at the DDA budget so we could set
that millage rate at least?
Mr. Plummer: Mr. Mayor, I have had...
Mayor Suarez: Matthew is here.
Mr. Plummer: ... the idea to scan the DDA budget. I am willing to go along,
at this particular time, of setting the half a mill. But I want to tell you
that I am in no way satisfied with the budget and I hope that others see it
the same way but at this particular point, I will vote to, in fact, set the
millage.
Mayor Suarez: Matthew, since you weren't here before, I want to tell you that
there was considerable discussion of the issue of some compensation to the
City for work that the City has done for the DDA. I don't know of any in the
last year, but you ought to be prepared to answer that around budget time.
Mr. Bob Clark: Then this would be a roll call vote on item 2 on the agenda.
Mayor Suarez: Yes, item 2 on the agenda. We have a motion, do we have a
second?
Mr. De Yurre: Second for discussional purposes. Let me ask, who does...
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: Who does the legal work for the DDA?
Mr. Matthew Schwartz: The City of Miami Law Department except we do have an
attorney in house but as all City entittes, as the Off -Street Parking
Authority, the Law Department is the ultimate...
Mr. De Yurre: The City Attorney's office.
Mr. Schwartz: ... does the legal work.
Mr. De Yurre: OK.
Mayor Suarez: Call the roll.
Mr. Plummer: You know, I just want to, for the record, once again, Mrs.
Range, the parking fees that they pay for employee parking here is almost
$17,000. That now, is up to over $70,000 just for the two departments alone.
Just making a note of it.
t
Mayor Suarez: That's important because if someday we consolidate in a place
we don't have to pay parking, that's a lot of savings.
Mr. Plummer: No...
Ms. Range: I can't recall whether we ever got to the point of having a
resolution or a motion passed to give the employees the choice - not a choice,
but to give them Metro passes. Did we carry that as far as getting a motion
on it?
205
40
Mr. Plummer: No.
Mr. Odio: No, ma'am.
Mr. Plummer: Do you want to offer it?
Ms. Range: We did not. I'd like to offer that because, you know, with
parking fees coming up to this point, I think we can no longer afford to give
people a choice as to whether they wish to go into a private parking garage or
take the Metro pass. So I would say that we should offer them to take the
passes and, of course...
r
Mr. Odio: Provided they are near a Metro station because...
Ms. Range: Yes.
Mr. Plummer: Well, anybody is near enough to it - no, not provided, because
you can't discriminate.
Ms. Range: No, no, you can't say that. They'd drive their cars. We have
beautiful stations all over the community that are hardly used.
Mr. Plummer: I have no problem with that.
Mr. Dawkins: And like you said, there's no reason why that parking garage
that we subsidizing, why they couldn't park in there and take the Peoplemover
over. I mean, that's $70,000.
Mr. Plummer: I'll second... well, that's just in two departments.
Mr. Odio: We might have a contract obligation. We have to review the labor
contracts.
Mr. Plummer: Well, you show us where it is not acceptable but you don't have
one with DDA.
Mr. Odio: No.
Mr. Plummer: So you eliminate the parking and you afford those employees who
now have parking, a Metro pass free if they want it and if they don't, that's
their option. And only to be used during working hours.
Mayor Suarez: Try to stick to the agenda, otherwise we're not going to
finish. We haven't started planning and zoning yet. Please.
Ms. Range: All right, let's go very rapidly. I just want to make this
observation that if we go with the Metrorail passes, it'll be approximately
$44.00 per month for each pass. If we got to the garages, the nearest
offices, they would either be $55.00 per month or $74.25 per month depending
on which garage they went into. So, it is a sizable savings.
Mayor Suarez: That's right.
Mr. Plummer: That's right.
Ms. Range: And in addition to that, in addition to that, as Metro goes, so go
all of us. I mean Metrorail. When Metrorail suffers, we all suffer so:I
think this would be the solution to a part of that problem.
Mayor Suarez: That's right.
Ms. Range: And I'll offer that as a motion.
Mayor Suarez: So moved.
Mr. Plummer: I second it.
Mayor Suarez: Seconded. Any discussion? If not, call the roll, please.
206 July 27,'1949
_._-
The following motion was introduced by Commissioner Range, who moved Ito
adoption:
MOTION NO. 89-731
A MOTION DIRECTING THE CITY MANAGER TO OFFER CITY
`
EMPLOYEES PRESENTLY BEING AFFORDED PARKING AT CITY
EXPENSE METRORAIL PASSES TO BE USED IN LIEU OF SAID
SUBSIDIZED PARKING; FURTHER STIPULATING THAT IF SUCH
OFFER IS REJECTED BY ANY EMPLOYEE, THEN HE/SHE SHALL
IMMEDIATELY BEGIN TO PAY FOR SAID PARKING EXPENSES.
Upon
being seconded by Commissioner Plummer, the motion was passed and
adopted by
the following vote:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBS:
None.
ABSENT:
None.
Mr. Plummer: Mr. Mayor, let me something started if I can. I think we're all
in agreement with. A motion to instruct the Manager to immediately proceed to
offer for sale the parking garage in the government - what's it called?
Government Center, number five.
Mayor Suarez: Was it five? I thought it was number two.
Mr. Dawkins: For sale, Mr. Manager, not a giveaway.
Mr. Plummer: No, sale.
Mr. Dawkins: Sale. If the price isn't right, don't worry (Tape 16) about
taking the sale.
Mr. Plummer: Well, hey, you'll never know if you don't offer it.
Mr. Dawkins: That's right, you're right, J.L. I have no problem with it..
Mr. Plummer: You know what I mean, Mr. Manager. OK?
• . Mr. Dawkins: That's a motion?
Mr. Plummer: That's a motion.
11
AUSt ommi66i6ner J. L. Plummr, Jr.
CO M166ioner M. Athalie Ranee
Caami66ioner Miller Dawkins
Vida Mayer Victor ba Yurre
Mayor Xavier L. Suarez
N01et Node.
AbSENTt None.
Mr. Clarkt Was there a roll call vote taken on item two?
Me. Hirait No, sir.
Mayor Suarez% Oh, call the roll on item two.
Mr. De Yurre: What's item two?
Mayor Suarez: The millage rate for DDA. We never voted on it.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-733
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH A PROPOSED
MILLAGE RATE FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF
THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1989 AND ENDING SEPTEMBER 30,
1990.
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
=
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Just to get my jab in, the head CEO of the Downtown Development
Authority cost the taxpayers approximately $118,00 a year. I vote yes.
73
Mayor Suarez: You had to do this. OK.
r
Mr. Plummer: I vote yes, and so help me God, if I get two other votes,
they're abolished.
`
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: But I do want to remind you... no, I won't do it. Remember the
discussion on his salary that we had and how much I proposed and how much you
proposed, Commissioner? No, I won't do that, I won't do it.
t
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200 July 27
Ll
....... _.-----._..._.----------=--------------------------
41. (Continued Discussion) APPOINTMENT OF RODNEY BARRETO TO DOWNTOWN
DEVELOPMENT AUTHORITY (See label 5).
L�---- ------------------air- ---------- ------------------------ ---r�-----+-+L.L�Y.
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Mr. Vice Mayor.
Mr. De Yurre: I offered Rodney Barreto to be replacing Henry Salum at the DDA
as one of my appointees, but the procedure is one where it has to come from
the DDA as a recommendation, so I would like to rescind that...
Mayor Suarez: It'll be taken back as a recommendation and I guarantee you
it'll come back here with that recommendation.
Mr. De Yurre: OK, so I want just to have that for the record.
Mr. Plummer: And I will have a vacancy which I will forward also a name to.
Mayor Suarez: OK.
Mr. De Yurre: OK.
------------------------------------------------------------------------------
42. SCHEDULE STAFF WORKSHOP ON AUGUST 23, 1989 AT CITY HALL - Discuss
proposed creation of proposed special district to allow regulation of
street vendors in front of Metro -Justice Building.
Mr. De Yurre: Thirty.
Mayor Suarez: Item thirty, Vice Mayor.
Mr. De Yurre: Yes, Mr. Mayor, we've had for a number of months problems with
the vendors at the Metro Justice Building as far as - it is my understanding,
in fact, I've been dealing with the City Attorney's office, as to what the
procedure is and it seems like the procedure for securing a space on a daily
basis there has not been followed. We have had problems wherein the County
started giving out passes or permits which also didn't fall in line exactly
with what was supposed to be the procedure and I would like, at this point in
time, for the Commission to consider maybe creating a special district to so
we can regulate the vendors around that area. There's a lot of conflict and a
lot of problems that have surfaced recently.
Mayor Suarez: Is this something that the vendors themselves have...
Mr. De Yurre: Some others, there's some right here, I guess on both sides of
this issue. I know that Mr. Maxwell, can you fill us in from the legal
standpoint?
Mayor Suarez: Could we not schedule a public hearing on it and...
kir. De Yurre: Well, it's on this schedule, no? Did you want to schedule
something...
Mayor Suarez: No, I was just thinking by that time we maybe take some input
and have a public hearing just on that issue and with our staff present here
from both sides.
Mr. De Yurre: Well, I got no problem with that. When would you...
Mayor Suarez: Because of the lateness of the hour.
Mr. Julio Gutierrez: If I may, just for a second. I'm here on behalf of
Osvaldo Soto. My name is Julio Gutierrez and...
Mr. De Yurre: If we listen to one, we're going to listen to everyone.
209
That's the thing, Yea.
OK?
. Mayor Suarers i would suggest that because of the lateness of the hour and
the planning and toning agenda that we haven't even started yet, that we
schedule a workshop with our staff present to hear and if the Comissioners
can be present, it could be held right here at City Hall to hear both sides of a
this. I have not really informed Myself on it to vote intelligently.
Mr. De Yurres
Mayor Suarers
Mr. Dawkinss
Mayor Suarers
Well, when could we set a time then?
Any time in August is fine.
August or September?
August, August, a workshop for staff.
Mr. De Yurre: OK.
Mr. Dawkins: Oh, for staff. Any time, Mr. Mayor, OK.
Mr. De Yurre: August...
Mayor Suarez: Fifteenth, whatever...
Mr. De Yurre: I'm going to be out of town on the 15th.
Mayor Suarez: Don't make it on a Sunday, that's the only day.
Mr. De Yurre: No. What's Wednesday...
Mayor Suarez: August 15th is...
Mr. De Yurre: The 23rd?
Mayor Suarez: Pick a date.
Mr. De Yurre: August 23rd.
Mayor Suarez: Do you want to do it during non working hours?
Mr. De Yurre: At 5:00 o'clock.
Mayor Suarez: Five p.m. at City Hall. Mr. Manager, would you provide staff
to handle that? It looks like our community development director will be
ideal since he's had so many of these kinds of hearings with...
UNIDENTIFIED SPEAKER: Just been here for about three hours and I just found _
out my house was burglarized because I was still here.
Mr. De Yurre: Do you live in the City?
UNIDENTIFIED SPEAKER: No. That's probably why, right? -
Mr. De Yurre: See, got to move in.
Mayor Suarez: That's one less that was committed in the City then. OK, we fr
have a motion and a second.
Mr. Dawkins: Yes, I second.
Mr. De Yurre: Second.
•
Y
i
The following motion was introduced by Commissioner De Yurre, who moved
its adoptions
MOTION NO. 89-734
A MOTION SCHEDULING A CITY STAFF WORKSHOP TO BE HELD `
AUGUST 23, 1989, AT 5:00 O'CLOCK, AT CITY HALL, IN THE
COMMISSION CHAMBERS, FOR THE PURPOSES OF DISCUSSING
PROPOSED CREATION OF A SPECIAL DISTRICT TO ALLOW
REGULATION OF STREET VENDORS IN FRONT OF THE METRO
JUSTICE BUILDING AREA; FURTHER DIRECTING THE CITY
MANAGER TO PROVIDE STAFF FOR THIS MEETING; AND FURTHER
DIRECTING THAT ALL CONCERNED INDIVIDUALS SHALL BE
NOTIFIED FOR PURPOSES OF ELICITING INPUT.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following votes
AYESs Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES.- None.
ABSENT: None. '
COMMENTS MADE DURING ROLL CALL:
Ms. Hirai: It's setting a workshop, a staff workshop, in August for the
problem with the vendors.
Mr. Plummer: In August?
Ms. Hirai: Staff, staff workshop.
Mr. Dawkins: Staff workshop.
Mr. Plummer: OK.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: I appreciate it, Mr. Vice Mayor, because, otherwise, we're not
going to get through here.
43. DISCUSS AND TEMPORARILY DEFER FUNDING REQUEST FROM ASOCIACION COMUNAL
DOMINICANA, INC. - concerning Third Merengue Festival (See label 53).
'
------------------------------------------------------------------------------
Mayor Suarez: Third Merengue Festival Miami to be conducted. What is the
discussion about?
Mr. Plummer: As I recall, Mr. Mayor...
Mayor Suarez: You guys again?
UNIDENTIFIED SPEAKERS: Yes, yes.
Mayor Suarez: The third discussion of the Third Merengue Festival Miami, -to
be conducted - what is the discussion about? Not about money, I'm sure.
Mr. Dawkins: Go ahead. Go ahead, Kevin, somebody.
Mayor Suarez: Can anybody tell us what this is about so we don't have to...?
Were we trying to lower the cost for the use of the park, is that what it was?
Mr. Frank Castaneda: Right.
211• July 1989.
.27,
114
Mayor Suarez: What park was it? Comstock, very seldom used.
Mr. Castanedas Comstock - Comstock Park.
Mayor Suarez: What did you get it down to?
Mr. Castaneda: Forty-one hundred ninety-five dollars.
Mayor Suarez: That's pretty good. We also waived the rental for the use of
the park if I remember correctly and we can waive the solid waste...
Mr. De Yurre: How much are we waiving?
Mr. Kevin Smith: We can waive a total of $458.00 with your approval.
Mayor Suarez: And the solid waste portion, if they post a bond. How much is
that?
Mr. Smith: Well, solid waste is only $591 total right now.
Mayor Suarez: If you post a bond for solid waste and you clean up after the
event, you can get that money back. So that's another five hundred ninety
some dollars off.
Mr. Smith: I need to inform you this price, the total of $4,195 does not
include the concession fees which cannot be determined until the day of the
event.
Mayor Suarez: Concession fees paid by the individual concessionaires.
Mr. Smith: Paid by the vendors of $50 per booth.
Mayor Suarez: We've done it in the past, in some situations like this, not to
get involved in a subsidy is, to say that they can use concession fees to pay
back the City, but anything over that we get - however the formula works, I
forget how we've done it in other cases.
Mr. De Yurre: Well, instead of paying, they can apply the fees towards the
$4,000.
Mr. Plummer: Say again?
Mr. Albert Ruder: Commissioner, the $50 fees, we have talked to them and they
can pass that on to their vendors. They...
Mr. De Yurre: OK, but they're going to use that money to off set the $4,000
that they're going to have to pay.
Mr. Ruder: Well, you know, we really can't - what we did is we reduced the
fees from last time by $2,000 at your direction. In addition, if you waive
another, you can waive another four fifty...
Mr. De Yurre: But how come the only... hold it, hold it, he just said they
only reduced it by four hundred and fifty some dollars.
Mr. Ruder: No, no. We first reduced it by two... we reduced it by $2,000 f
from the last time. Last time the costs were about six thousand. We have
them down to $4,200.
Mr. Plummer: How much is their budget?
Mr. Ruder: Their budget, their total budget, as a result of the reduction,
will be $4,195, not including the $50 per vendor that they must pay us and
cannot waived by ordinance. =_
Mr. Plummer: OK, well that can't be waived. All right.
Mr. Ruder: Right.
Mr. Plummer: Now, how much are they asking us to kick in?
Mr. De Yurres As much as possible.
212
110
VNIM BIRD MAXIM
Mr. Plummer: How much?
JNIDIFIED SPEAKER: For the ._ R_.:.
Mr. Plummere I can't hear you.
UNIDENTIFIED SPEAKER: OK, he said the budget now is four thousand one ninety-
five. And...
Mr. Plummer: He's saying $4,500.
Mr. Smith: Forty one ninety-five.
UNIDENTIFIED SPEAKER: Yes, four...
Mr. Plummer: OK. Forty two hundred dollars. How much are you asking from
us?
UNIDENTIFIED SPEAKER: Yes, I asking for the fee waived.
Mr. Plummer: The fee, the total fee.
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: OK. This is a non profit.
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: OK.
UNIDENTIFIED SPEAKER: In the free festival for the people.
Mr. Plummer: I'm sorry?
UNIDENTIFIED SPEAKER: And the festival is free.
Mr. Plummer: Fine...
Mayor Suarez: Except for the things that cost money in the festival.
Mr. Plummer: Fine, it's a nonprofit, OK?
UNIDENTIFIED
SPEAKER: Right.
Mr. Plummer:
We'll waive the fee. Any monies you take in
over $4,195 comes
to the City of
Miami. It's a free festival, it doesn't cost
you anything.
Mr. Ruder: OK, just to clarify, the two things you can't
waive is the beer
permit which
is only $300 and the $50 per booth.
Mr. Plummer:
The things we can't legally waive, we don't waive.
If they make
more than $4,100,
the City gets back all the money.
Mr. De Yurre:
Hold it, hold it, give me that one again.
Mr. Plummer:
If they take in over forty one hundred and ninety-five
dollars...
j
'
Mr. De Yurre:
Uh huh.
x,
Mr. Plummer:
...anything above that the City gets back all
of its money.
Mr. De Yurre:
No, it's the other way around, up to forty
one the City gets-
that money.
_
MEME
'
Mr. Plummer:
No, it's a nonprofit. They have no place for
the profits to go
4
anyhow.
x
Mr. De Yurre:
But it doesn't go to them as an entity."
:� :
213
July 27
Mr. Plum&rs 0h, I aee what you're awing,
agree with, OX? We'll Out up the $4,105...
UN#DRNTIFIRD SPUKRR: Right:
Mr. Plummer: ate receive all of the profits.
Mr. De Yurre: Up to that amount.
Mr. Plummer: No. Why up to that amount? It's a nonprofit organization,
where is it going to go?
Mr. De Yurre: Well, they're not... OK, that's fine. You guys don't receive
anything anyway.
All right, what You're eAFtfit I
Mr. Mateo: OK, names Mateo, I live at 2627 Northwest.
Mr. Plummer: Right.
Mr. Mateo: I got it. The association got it fourteen little leagues.
Mr. Plummer: Fourteen what?
Mr. Mateo: Forty people, little league
Mr. De Yurre: Let me ask you something, how much money did you make last
year?
Mr. Mateo: Nothing.
Mr. De Yurre: OK, that's great. I'll second your motion.
Mr. Plummer: The motion is the $4,195 is what we will pay. Any profits go to
reimburse the City.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Yurre: They don't... so that's fine, so there's no profit, you give
nothing back to the City.
UNIDENTIFIED SPEAKER: OK, all right. OK.
Mr. De Yurre: I'll second that motion.
UNIDENTIFIED SPEAKER: OK, all right.
Mr. Plummer: But you understand you're going to be doing the audit.
Mr. Ruder: Commissioners, there's problem with that also. If we if the
City pays for the event, it automatically goes on City payroll which is at
time and a half. Which will take it to over six thousand dollars, excluding
the concession fee.
Mr. Smith: If the promoters pay is $4,195, if the City has to assume the
payroll cost for police, fire, it's going to go up to six thousand.
Mr. Dawkins: So we loan them the money and let them put it...
z
Mr. Plummer: Huh?
Mr. Dawkins: Loan them the money and let them put it on.
Mayor Suarez: Can we loan them the money?
Mr. Dawkins: And we collect it out of the...
Mr. Plummer: We loan them the money and get it back from the gate receipts?
Mr. Ruder: There's no gate.
Mr. Plummer: What happens to the money above expenses?
'r.
¢, 214 July $7, 14$9
Mr Mateo: Well, expense the money and the group dance, the vocal group and
everything we have in the
Mr. Plurm►er: You get a percentage of the vendors. Correct?
UNIDENTIFIED SPEAKERS: No, no.
Mr. De Yurre: How do you make your money? How do you make your money?
UNIDENTIFIED SPEAKER:
Mr. De Yurre: OK.
Mayor Suarez: Well, wait, unless we can get into the Spanish and translation
and all of that, unless you know what the answer is. How are they expecting
to make their money? We're confused. If they're not going to get a
percentage of the receipts?
Mr. Ruder: It was our understanding that they were going to determine what
the total cost was and charge enough to the vendors that they could cover
their cots, so that...
Mayor Suarez: So, from the money they got from the vendors, from the lump
sum, from the $50, let's say.
In
Mr. Ruder: Plus beer sales.
Mayor Suarez: Ah, beer they were going to.
Mr. Ruder: That was our understanding. Maybe it's different now.
Mayor Suarez: What if nobody drinks any beer there? That'.s pretty unlikely,
isn't it? OK. We answered that question.
Mr. Plummer: So we get back all of the beer sale money. It comes to the City
to repay the loan.
Mr. Mateo: We don't sell beer.
Mayor Suarez: Beyond... yes.
Mr. Plummer: You don't sell beer?
UNIDENTIFIED SPEAKER: Yes.
Mr. Mateo: No, sir.
Mayor Suarez: Why don't you guys - let's table this item. Why don't you work
it out, please. Figure out what it is that - how they expect to make the
money to pay us back. Nobody seems to know. I mean, if they're not going to
sell the beer and they're not going to charge a percentage of the Concession
sales, what are they going to do? Sell four thousand divided by fifty?
Mr. Smith: Let me just give you an example. Last year...
Mayor Suarez: That's - you're going to have to have eighty...
Mr. Smith: Last year's festival, they paid by the promoter, it was $4,500.
They paid for City expenses, forty-five hundred. There was an additional four
hundred dollars waived. And there was an additional $1,500 contributed by
resolution to the City... from the City.
Mr. Dawkins: OK, these gentlemen don't appear, you know, they're hung up.
Now, you got a professional hustler out here, so let's let him come up and
explain it to us. Will you tell us what their problem is? r
UNIDENTIFIED SPEAKER: You want me to tell them?
Mr. Dawkins: Yes, tell them what the problem is and how to solve it.
Mayor Suarez: The publisher of Hustler magazine, I mean.,.
215 July, 27, ;19$9;
Mr. Plummer: Hey, let me tell you, there's a difference between a
professional and a shill.
Mr. Dawkins: Yea, tell us what the problem is.
UNIDENTIFIED SPEAKER: You want me to tell them and explain it to you later?
Mr. Dawkins: Yes.
Mayor Suarez: Yes, see if... we're going to table the item while you do that,
please. Now, we've got a couple of things that we have to clarify...
Mr. Dawkins: Go explain it to them and tell them what they have to do...
Mayor Suarez: ...on items.
----------------------------------------------------------------------------
44. CREATE NORTHEAST TASK FORCE - to consist of 15 members to be appointed
by City Commission (See label 46).
Mayor Suarez: I see that there's some people from the northeast here on an
item that is not on the agenda so it's not a matter of pulling it. It just
wasn't on the agenda at all. Now, what you wanted was a task force to be
created. We can do that. I don't think anybody would object to creating a
task force. If you expect us to get into the issue of who is going to be on
the task force, I guarantee you that, unless I get overridden by this
Commission, I am not going to get into that today. If you want a task force
to be created, we can do it be motion and then each Commissioner can discuss
with you a proposed list of members, however you want. Later we'll get back
to that issue of appointing the actual member. I am not going to vote on
their list. Not today.
Mr. De Yurre: But, have you seen it?
Mr. Plummer: How can you vote on a list when there's no latitude or scope of
what they're going to do...
Mayor Suarez: Sure. Exactly.
Mr. Plummer: ...how many members there's going to be. Who's going to make
the appointments? You know, I think all of that has to be - and let's
remember, we already have one task force in the northeast...
Mayor Suarez: Which is that?
Mr. Plummer: ...called the Asian Village.
Mr. De Yurre: The what?
Mr. Plummer: There is a task force that this Commission gave its blessing to
and created, called the Asian Village Task Force...
UNIDENTIFIED SPEAKER: Let's go. Come on up. Let's go up.
Mr. Plummer: ...and we appointed some 12 or 13 members.
Mr. De Yurre: But that was...
Mr. Dawkins: You know, we have to have a task force because I think, and this
is my personal opinion, the confusion we've had lately is due to the fact that
there was no, in my opinion, coordinated effort that we could look to and say,
OK, this is it and this gives it directions and if the directions did not come
from this entity, we didn't know where to turn. But I have to agree there has
to be a mechanism set up of how you're going to get the task force members.
Whether it will be one member from each umbrella group or whether it be two
members from one umbrella group and another umbrella group or whether it will
be - and then, what's going to be the mechanism for replacing a guy if he
moves out of the neighborhood or he's no longer on it and these things, I
216 July 27, 1989
think, should be put in place and then how are you going to elect it because
you need to get a task force now to set down and drag these sort of things up
so that we know what we're doing.
Mr. Plummer: Well, I think it's more than that. OK? What are they going to
accomplish? What is going to be their scope of authority?
Mr. De Yurre: What money is there to implement it?
Mr. Mike Kosnitzky: We'd like to tell you.
Mr. Plummer: All of those things.
Mr. Dawkins: Well, my expectations from them is directions, OK?
Mayor Suarez: Right.
Mr. Plummer: An advisory committee?
Mr. Dawkins: The whole thing of the... look, whatever, see, because like I
said, my problem right now is, I was under the impression that we had an
umbrella group as a spokesperson. Then I heard we had the Biscayne Chamber of
Commerce as a spokesperson, OK? Then I find out that's not true and so, I
need to know - I mean, we need to give some directions to you and then you
come back and tell me, "Hey, look, this is the board and if you don't get it
from this board, this is not what's done." Because there are a lot of things
up there that we are going to do. And it will not be like the last one. See,
I got - I mean I got told that we were going to move in there and I went head
thinking I was going to be on Biscayne Boulevard overlooking the bay
and I was the only one going to move down there. OK?
Mayor Suarez: And, you know...
Mr. Dawkins: And I'm not going to get caught like that again, OK?
(Applause)
Mayor Suarez: Please, please...
Mr. Dawkins: I'm going to know from you what you want and you're going to
know what I'm going to produce and the only way we can do that, Mr. Mayor, I
think is with a task force.
Mayor Suarez: Yes, and I think a task force we all agree on. I have to tell
you that I thought about this since we met the other day, and the only fair
way that I think it could be done and we should not decide this today. I
think if you want to give input on it although it's a procedural issue, it's
going to have to be that the Commission's going to have to name the task force
and you can submit all the names you want. In the meantime, I think we should
be ready to appoint the members of the task force at the September Commission
meeting and, in the meantime, you have plenty of time to lobby whoever you
want. You can submit lists, I've seen the list that you've submitted already
and there's many, many good people on there. But that's the only way I can
think of proceeding because we - today, certainly we cannot get into the issue
of how we're going to select it, if we're going to take a preconceived list or
whatever.
Mr. De Yurre:
But, if we're going to get into a task force, then we'd better
be ready come
September to allocate
significant dollars so that whatever
they
recommend, we
can implement because
there's no use in coming back with
ideas
and everybody
putting their time and
effort into it and then there's no
money
to do anything.
Mayor Suarez:
Well, when you say
significant dollars, I presume you
mean
from...
,a
Mr. De Yurre:
Like seven figures.
Mayor Suarez:
...discretionary funds of the community development block
grant
rounds.
i
217
W,
Mr. be Yurre: I would like to sea it we tab maybe bet aside, over the halt
five years, five million dollaral a million dollar every year that we can pool
it into doing something for the northeast.
Mayor Suarez: Well, you are...
(Applause)
Mayor Suarez: You are really putting the cart before the horse on the
amounts, but anyhow...
Mr. Do Yurre: Well, I'm just throwing that out to see what happens.
Mr. Kosnitzky: I like that number. Mr. Mayor...
Mayor Suarez: That doesn't mean it's the bottom figure, that's ac... not not
no, no.
Mr. Kosnitzky: I can't make any comment, Mr. Mayor?
Mayor Suarez: No, no, no, no, no. We got planning and zoning agenda items
and I - unless the Commission overrules me, what I will do is create the task
force and have each Commission give thought to how we're going to compose it.
I've told you how I would do it. I would do it be having fifteen members;
three per Commissioner and that's it. And you can submit lists and so on.
I've told you already that I would appoint, for my three, whoever you want.
But that's the only way that I can think of doing it, but I don't even think
we ought to decide that today. Let's just create the task force and come back
in September with our appointments and start working from that point forward.
Mr. De Yurre: Are you moving it then?
Mayor Suarez: Yes.
Mr. De Yurre: OK, I'll second it.
Mayor Suarez: So moved and seconded.
Mr. Kosnitzky: We're not going to even get a chance at the bat here.
Mayor Suarez: Do you want to call the roll? Be chairman for once?
Ms. Range: I should call the roll?
Mayor Suarez: Why not?
Ms. Range: Really?
Mayor Suarez: Call the roll. Get that done.
Mr. Kosnitzky: Mr. Mayor...
Mo. Range: All right. Give me the motion again, please. The Mayor has asked
me to call the roll. I don't quite understand it, but I will if he says that.
Mr. De Yurre: Just call the roll.
Ms. Range: Just call the roll.
Mr. Do Yurre; Call the roll.
Mr. Range: Mr. De Yurre...
Mr. Do Yurre: Go ahead, tell her, not me.
Mr. Dawkins; Madam Clerk, call the roll.
210 J41,y: 27, 198V
_
--
The
following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 89-735
A MOTION CREATING THE NORTHEAST AREA TASK FORGE,
FURTHER DIRECTING THE CITY ATTORNEY TO DRAFT THE
APPROPRIATE RESOLUTION FORMALIZING THE HEREIN MOTION
AND SETTING FORTH THE SCOPE OF THE TASK FORCE -
ACTIVITIES AND RESPONSIBILITIES, COMPOSITION, MANNER
OF APPOINTMENTS; AND FURTHER DIRECTING THE CITY
ATTORNEY TO COME BACK BY THE FIRST COMMISSION MEETING
IN SEPTEMBER AND TO PLACE THIS ISSUE AS THE FIRST
AGENDA ITEM TO BE CONSIDERED AT 6.00 P.M.
Upon
being seconded by Commissioner De Yurre, the motion was passed and
adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: Say yes.
Mr. Plummer: Is he awake?
Mr. Dawkins: But, you know, you... things as to them that, hey, look, you got
to wait a month to do anything.
Mr. Kosnitzky: That's right, we want to...
Mr. Dawkins: I mean, and just... OK, yes, OK go ahead, I mean, that get us
started.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Yes, I made the motion.
Mr. Kosnitzky: No, they didn't have a discussion, there's nothing...
Ms. Range: Now, is this going to be an agenda item come September?
Mayor Suarez: Absolutely should be on the agenda. At that point, we should
have met with the groups, we should have ready our appointments, we should
have ready a course of action for this task force to take. I'll tell you
right off the top of my head that the Asian Village Committee has not made any
reports at this point that I'm aware of so I wouldn't be too concerned about
what their activities have been because there hasn't been any activity so I `
wouldn't be too concerned about that. That's not to say that we have to
necessarily disband that committee, you know, that they're there - yes, we
wouldn't disband it. I mean, they're there, they haven't done anything that
I'm aware of.
Mr. Kosnitzky: The problem - the problem is...
Ms. Range: Well, what I'd like to see, Mr. Mayor...
Mr. Kosnitzky: Can't get a word in.
Y Ms. Range: ...because they have been here forquite some time and I'd like to.
see this put on as our first agenda item in September to be certain...
; Mayor Suarez: Nine o'clock in the morning, five o'clock in the afternoon.
eY
Z19 July 27, 1989
�1 r_
Ms. Rat:ge: ...if that suite them.
Mr. Dawkins: No, StOO o'clock in the afternoon, these are working people,
S OO o'clock in the... —
Mayor Suarez: Five O'clock in the afternoon.
Mr. Kosnitzky: Right.
Ms. Range: No, wait...
—
Mayor Suarez: ...time certain. Mr. Manager, mould you remind me to take it
_
up at five?
Me. Range: Five o'clock?
UNIDENTIFIED SPEAKER: Five or six....
Mr. Dawkins: Six? Six?
Ms. Range: All right, five to six then...
_
Mayor Suarez: Six p.m.?
Ms. Range: ...then you stand...
Mr. Kosnitzky: Mr. Mayor, can I ask for one...
Mr. Dawkins: Six, six p.m. OK, now...
Ms. Range: Just a minute though, you stand the same chance of being here
several hours because we're running behind with everything. That why I was
=
trying to get you on early, but if you're willing to be placed on the agenda
as a 6:00 item...
Mr. Kosnitzky: I prefer that.
Ms. Range: ...and it isn't any emergency, we'll all just have to stand in
line and wait like we are doing this evening.
Mr. Kosnitzky: One quick comment?
Mr. Dawkins: And I'd like to suggest that just as a suggestion, that the
umbrella group have a workshop among themselves...
Mr. Kosnitzky: That's good.
A
Ms. Range: Right.
UNIDENTIFIED SPEAKER: We have already done so.
Mr. Dawkins: ...and I would like to come to it so...
Mr. Kosnitzky: Good.
Mr. Dawkins: ...you know, we all can find out what we're doing.
(Applause)
Mayor Suarez: Thank you.
Mr. Kosnitzky: Mr. Mayor, one comment with regard to Commissioner, Dawkins!
statement. That's what we'd like if...
Mr. Plummer: Athalie, the first meeting in September or second?
#'
Mr. Kosnitzky: I'm sorry, my name is Michael Kosnitzky, I'm a member of; the
board of the Greater Biscayne Boulevard Chamber of Commerce...
1 `
Ms. Range: Let's get it over with the first thing, I don't....
220 July 270 1949
f
. __ — ._.. ... .... .ten.. ..y.. .}�-..
Mr: plutntner: First, first meeting.
Mr. Kosnitzky: ...and a resident at 600 N.E. 36th Street. That's exactly
right. We have a great deal of motivated - a great number of motivated people
here right now. And we may be bloodied, but we're sort of unbowed at this
point and we'd like to go forward as soon as possible. We have reports to
review, Chesapeake study Omni -Venetia we'd like to go ahead and do that. lie
don't want to wait till September. Now maybe the thing can't be formally
formalized till then but we'd like to go forward and have the cooperation of
the City...
Mayor Suarez: Absolutely, absolutely.
Mr. Kosnitzky= ...to gather that information and start reviewing it and then
get a list to you.
Mayor Suarez: Absolutely.
Mr. De Yurre: Oh, Mr. Mayor, if they have a list of about IS names and we
split it up, I got no problem with them picking any names they want and I'll
nominate them and then we move right on down the line...
UNIDENTIFIED SPEAKER: It's grown.
Mr. Kosnitzky: Yes, go ahead, go ahead.
Mr. De Yurre: ...and get them all on board and that's it.
Mr. Kosnitzky: On a provisional basis...
Mayor Suarez: No, wait, we're not going to get into that discussion today. I
am making that a ruling of the chair and I'll tell you why...
Ms. Range: Thank you.
Mayor Suarez: ...because we've got two groups and we're going to have a
discussion when we should instead be having...
Mr. Dawkins: Three groups...
Mayor Suarez: ...meetings - or three groups - we should instead be having
meetings so that people can come up with a consolidated board of 15 members
�. that represent all of the interests instead of getting into a hassle before we
even do one thing yet for the northeast...
t
Mr. Kosnitzky: I understand.
Mayor Suarez: ...over the appointment of the board. That would be exactly
the wrong way to proceed.
Mr. Kosnitzky: I accept that, I accept that but with one comment. Can you
please, am I to understand then, that the umbrella group will be designated at
least with the respon... by the way, this committee that we propose, has been
blessed by the umbrella group unanimously. It includes at least six members
from the chamber.
Mayor Suarez:
We haven't created
it yet, it couldn't have the blessing.
Mr. Kosnitzky:
What is that?
Mayor Suarez:
We haven't created
it yet, it couldn't have...
Mr. Kosnitzky:
I understand, I
understand that. But we have,
it is a fair
representation
of the community.
What we'd like is for this
Commission to
approve at least
tentatively,
the umbrella group going
forward with =_
workshops...
Mayor Suarez;
Absolutely not.
Absolutely not, and I only
let you speak
because I thought you were going
to address what we have before
us.
Mr. Kosnitzky; OK.
221
Mayor Suarets Which is a creation of the task force with the general purposes
that we have described. Now please go back to your respective communities and
work out so that we can appoint 15 people remembering that we can always
expand the committee, the task force, make it 20 or 25 or whatever. The
important thing is to get a good work plan, bring it to this Commission and
act on it. We have the same interest in mind, Mike, and you know, you've gone
through the process at DDA of building a consensus in this community. We've
got to do that in the northeast. Please, let's not divide ourselves before we
even begin the work that is great in the northeast. There's so many things to
do there. Please. OK.
45. INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION FOR CREATION OF A NOISE
ABATEMENT BOARD.
Mr. Plummer: Can I ask the City Attorney, what happened to my request about
the nuisance board which would address each one of these things that Miami
Beach is using so successfully?
Mayor Suarez: That's a very important item that we ought to get into as soon
as we get...
Mr. Plummer: It's working on Miami Beach.
Mayor Suarez: Yes, and compared to other cities.
Mr. Plummer: Have you looked into it?
Adrian Friesner, Esq.: Yes, the nuisance abatement board, that issue was
brought before this Commission, I believe, almost a year and a half ago.
UNIDENTIFIED SPEAKER: What is this?
Mr. Plummer: No, last meeting.
UNIDENTIFIED SPEAKER: February.
Ms. Friesner: No, no but, however, a year and a half ago, whether or not this
Commission wanted to form a nuisance abatement board, it was brought before
the Commission at that time.
Mr. Plummer: Well, do you have a copy or have you got a copy yet of what's
working on Miami Beach instead of reinventing the wheel? Which I requested.
Ms. Friesner: I personally don't have a copy in front of me but we can get
you a copy.
Mr. Plummer: Can I ask that something be put on a September agenda for the
creation of a nuisance board in the City of Miami because, let me tell you,
from what I understand on Miami Beach, it would address each one of these
problems here about the hotels, the bars, the porno, everything.
(Applause)
Mayor Suarez: Sounds like that's going to be item number one.
Mr. Plummer: I would, you know, if I need a motion, I'll do it, that the City
Attorney be instructed to come back to this board with its recommendations and
whatever necessary to create the nuisance board, if this Commission feels that
it is worthwhile, it is working on Miami Beach and could be used as well in
this City. And I would ask that that come back on the first meeting in
September.
Ms. Range: I'll second that, Mr. Mayor.
Mayor Suarez: So moved and seconded.
UNIDENTIFIED SPEAKER: Mr. Mayor, one last...
222 July 27, 1989
Mayor Suarez: Wait, we're not - we haven't even called the roll on the prior
motion, let alone this one.
UNIDENTIFIED SPEAKER: OK, sorry.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-736
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT
PROPOSED LEGISLATION FOR THE CREATION OF A NUISANCE
ABATEMENT BOARD TO BE PATTERNED AFTER THE ONE BEING
USED IN MIAMI BEACH AND TO BRING IT BACK AT THE
MEETING OF SEPTEMBER 14, 1989.
Upon being seconded by Commissioner Range, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES. None.
ABSENT: None.
46. (Continued Discussion) BRIEF COMMENTS CONTINUING PRIOR DISCUSSION
CONCERNING NORTHEAST TASK FORCE (See label 44).
Mayor Suarez: On the creation of the task force, have we voted, Madam City
Clerk?
Mr. Dawkins: No.
Mr. Plummer: Well, that's just in principle, right?
Mayor Suarez: Right.
Ms. Hirai: Yes, we did.
Mr. Michael Kosnitzky: Mr. Mayor, one last...
Mayor Suarez: OK. Last statement, Mike.
Mr. Kosnitzky: Last statement is we all want to spend a lot of time working
on this task force even in preliminary stages, but we would ask that the
Commission direct the Manager, number one, to cooperate in this process and,
number two, to start going about the process of determining what funds may be
available. We certainly don't want to come up with a list of projects and
then be told that there is no funding available for those projects. We don't
want to waste our time, we're all... time is very valuable.
Mayor Suarez: Well, I could tell you that the next round of community
development block grant monies will total, for economic development, if the
projects have to do with economic development, a substantial amount of money.
And that round ends in July of 1990, begins right now in effect and it really
kind of, as Commissioner Dawkins is suggesting, it really kind of isn't up to
the Manager, it's up to the Commission, but, yes, of course, we are
instructing the Manager to cooperate with you. Listen, we all agree that
something pretty strongly has to be done in the northeast. Something major
has to be done there by way of an improvement. That is a procedural thing
that Commissioner Plummer has suggested...
Mr. Kosnitzky: Because they want to have time to put together a list.
223 July 27, 4909
I
Mayor Suarez: ...Commissioner De Yurre, or vice Mayor De Yurre has talked
about substantial amounts of money. I think we all agree here that we have to
spend some money in the northeast and if that needs to be put in the form of a
motion so that Manager will understand it...
Mr. Kosnitzky: I like that.
Mayor Suarez: ...I'll be happy to.
Mr. Kosnitzky: I would love that, Mr. Mayor.
Mr. Dawkins: No need to be in a motion.
Mayor Suarez: I think it's pretty clear.
Mr. Dawkins: See, because we're committed. We're committed, you see, and we
know, OK, and all of you know that we allowed Brickell Avenue to be developed
and the rest of the City decayed. And if we, this Commission, doesn't do a
little in northeast and a little in Liberty City and a little in Coconut Grove
and a little in Flagami and a little in Little Havana, we're going to have the
same thing. So this Commission, you know, is committed to spreading it around
and when we spread it around, the only way we'll spread it around is the
northeast gets its fair share.
Mr. Kosnitzky: We appreciate that, Commissioner. Thank you, Mr. Mayor.
Mayor Suarez: OK, thanks all of you.
----------r-.------------r- ------------------------.----------- --- --r -
47. EMERGENCY ORDINANCE: Establish new Special Revenue Fund: "Youth
Opportunity Challenge Planning Grant" - Appropriate $75,000 from U.S.
Department of Labor - Authorize Manager to accept grant award.
Mayor Suarez: Let me just say that Fern Isle, I think we also have people
here on that matter. I see a bunch of people around here on that matter.
Where is that item? Is that supposed to be another emergency item or is
somebody going to bring that up or...?
Mr. Plummer: That's on the agenda, isn't it?
Mayor Suarez: Where is it on the agenda? Oh, it's a PZ item, OK, I'm sorry.
Mr. Plummer: It's an appeal.
Mr. Dawkins: All right, I got one I need to get through right quick here, Mr.
Mayor.
Mr. Ron Williams: Item 32.
Mr. Dawkins: Mr. Manager, Mr. Mayor...
Mayor Suarez: Item 32 in a second. Yes, Commissioner Dawkins.
Mr. Dawkins: I was selected by the Commission to go to Washington to receive
a $75,000 planning grant from the Department of Labor. We competed with 32
other cities in the City of Miami, I mean in the United States, and the City
of Miami was chosen as one of the ten to do a demonstration grant, and I'd
like to pass an emergency ordinance accepting the $75,000 and go ahead with
the planning. So, do you have it to read?
Mayor Suarez:
the record.
OK, I'll entertain a motion on it and then we'll read it into
Mr. Dawkins: I move it.
Mayor Suarez: Moved.
Ms. Range: Second.
224
•
Mr. Plummer: Second.
Mayor Suares: And we should be congratulated - you should be congratulated
because how many cities were chosen? -about eight or ten, no?
Mr. Dawkins: Ten. No, eight cities and two rural areas; Mississippi and New
Mexico are the rural areas.
Mayor Suarez: Do you want to read the import or whatever you need to read
into the record, Joel?
Mr. Joel Maxwell: This is an emergency ordinance. Two readings are
necessary, air.
Mr. Dawkins: All right, as an explanation...
Mr. Maxwell: Two votes.
Mr. Dawkins: This money is to be used as a planning grant to apply for
helping at risk youth, that's druggies, teenage pregnancy, dropout, and if
we're successful when we compete again, we get a million dollar a year for two
years and $500,000 for the third year in which to address putting young people
to work and this money is to have us do a linkage with the Department of
Education, the Department of Labor in Tallahassee, and HRS to show how we can
utilize the $3 million dollars. Call the roll.
Mr. Plummer: Super. While the Mayor is coming back, may I, for the record...
Mr. Maxwell% You need to call the roll, two votes.
Mr. Plummer: When the Miami Herald starts writing their nasty...
Ms. Hirai: Excuse me, Mr. Commissioner, we need to call the roll on that.
Mr. Maxwell: Excuse me, excuse me, Mr....
Mr. Plummer: Call the roll.
Mr. Maxwell: You need two roll call votes.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED YOUTH OPPORTUNITY CHALLENGE
PLANNING GRANT, APPROPRIATING FUNDS IN THE AMOUNT OF
$75,000 FROM THE U.S. DEPARTMENT OF LABOR THROUGH THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; AND
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARD AND ENTER INTO THE
NECESSARY CONTRACT AND/OR AGREEMENT WITH THE U.S.
DEPARTMENT OF LABOR THROUGH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Range, 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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT; Vice Mayor Victor De Yurre.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Range, adopted said ordinance by the following votes
225. July.27; 19W
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10620.
s:
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.
---------------------------------------------------------- --------------
48. BRIEF COMMENTS CONCERNING PRESENT SALARY OF ALVAH H. CHAPMAN, JR.,
CHAIRMAN OF KNIGHT-RIDDER (owners of The Miami Herald).
---------------------------------------------------------------------------�..
Mr. Plummer: When the Miami Herald starts writing their nasty editorials with
their poison pen, I hope they will receive and keep in mind, that Alvah
Chapman makes $866,000 a year and Jim Batton makes $743,000 a year. I defy
you, Carl, to print that.
Mayor Suarez: As reported where? As reported where?
Mr. Plummer: Top 25 executive salaries for Florida in the Florida Trend
magazine.
Mayor Suarez: Florida Trend. How about Arnold Mittleman and the Coconut
Grove Playhouse? Does he get paid anywhere that much?
Mr. Plummer: Almost.
49. APPROVE ABATEMENT OF RENT BY TROPICAL CLEAR BLUE LAUNDRY - for 90-day
period until shopping center is active.
------------------------------------------------------------------------------
Ms. Range: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Ms. Range: Just before we go to our next item, I do have a pocket item that I
need to bring...
Mayor Suarez: Please, emergency item, Commissioner Range. We call them
emergency items. Go ahead.
Ms. Range: Yes, all right. This is in regard to the laundromat. Won't you
come up, Miss Williams. Thank you.
Mr. Plummer: Laundry?
Ms. Range: Yes, it's over in the Overtown Shopping Center at 1490 N.W. 3rd
Avenue.
Mayor Suarez: This is the section of the agenda dedicated to the Tropical
Clear Laundry or whatever it is.
Ms. Range: Yes.
Mayor Suarez: Always once every agenda. What have we got there now?
Ms. Range: We have a circumstance here, Mr. Mayor, I was written a letter by
Ms. Williams wherein she's asking, in view of the fact many promises and
things have been made...
226
July
27,
1989
Mayor Suarez: The shopping center never opened, right?
Ms. Range: Yes, and she has a laundromat there which is she's really losing
money on it. The only thing she's asking is that her rent be abated for the
present time until such time as the center is actively engaged.
Mayor Suarez: When is the shopping center going to open? Is this a moot
question, Ron, because I assume that we're about to open it.
Ms. Range: Yes, that's a moot question. Yes, that really is a question I'd
like to have answered.
Mr. Odio: You instructed us to go on an RFP for a management and that's what
we're doing right now.
Ms. Range: If it's going out for RFP now, when do we expect it back?
Mayor Suarez: Was that on the consent agenda?
Mr. Odio: You ordered us to go out on an RFP to give it to a management group
and, hopefully, that's being done right now. We...
Mayor Suarez: Oh, but that wasn't supposed to delay the opening. They were
supposed to have...
Mr. Odio: No, we're not delaying any openings, but we're doing that now. The
building is finished.
Mayor Suarez: That was just supposed to be to have a nonprofit local group
manage the shopping center, but there should be... we had previously awarded a
bid to the shopping center operators.
Mr. Odio: The building is finished.
Mr. Plummer: Is the building open or not?
Mr. Ron Williams: No.
Mayor Suarez: When is Howard Gary's...
Mr. Williams: The facility's opening, the anchor tenant is not open.
Mr. Plummer: Well, but...
Ms. Range: Your anchor tenant is not open yet?
Mr. Williams: Right, the anchor tenant is a supermarket.
Ms. Range: You see, Mr. Mayor, this is what makes it so hard on the one -
there may be two businesses there but I'm sure of the one business, she is the
only business there. Naturally, she cannot attract anyone, she...
Mr. Plummer: Hose much is your rent now a month?
Ms. Sara Williams: Four hundred and fifty-six dollars a month.
Mr. Plummer: And how much money are you losing a month?
Ms. Williams: We're not profiting any, we're in a deficit of about $500 a
month for the last three months.
Ms. Range: Mr. Mayor, all she's asking is an abatement of the rent until such
time as the shopping center or the center becomes active again. I really feel
that she needs this bit of assistance.
Mr. Plummer: Well, let me ask this question. I mean, you know, how long is
that going to go on? Is she the only tenant in the building?
Mr. Williams: No, she's not. We now have Dade County there which is occupies
now two spaces. Of course, we have the ministation there, which is not
paying, and we've got the Overtown Advisory Council there.
227
Mr. PIUMMer: So, but ahe's the only one of an outside private business that's
there.
Ms. Mange: Yes.
Mr. Williams: That's true.
Me. Range: And until such time as we get that anchor tenant in there, she
really is not going to be able to draw anybody into her business.
Mr. Plummer: How long before the anchor tenant do you feel will be in there?
Mr. Williams: I wouldn't be the beat person to address that, Commissioner.
We have, as you know, had to make major improvements which we finally
finishing up.
Mr. Plummer: All right, I'll tell you what I think is fair. OK? We abate
the rent for 90-days and we'll address the problem again at a later time.
Ms. Range: And at the and of three months?
Mr. Plummer: At the end of nine months. Excuse me, October lot.
Mayor Suarez: Ninety days, ninety days, ninety days. You said nine months.
Mr. Plummer: Say October 1st which is the end of the fiscal year.
Mayor Suarez: So moved. Seconded by Commissioner Range. Any discussion?
Ms. Range: Yes, I'll second that with the understanding, Ms. Williams, that
you will come back on the 1st of October or the - yes, the 1st of October in
the event the shopping center hasn't opened or hasn't improved.
Mayor Suarez: At least the anchor tenant. Call the roll.
AYESt Commissioner J. L, Plumber, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Snares
NOBS: None.
ASSENT: None.
Mr. Plummer: That does not - excuse me - that does not relieve you of all
other responsibilities of electric, water, insurance... _
Mayor Suarez: Everything according to your lease except for the rent.
Mr. Plummer: ...all of those others you must maintain.
Ms. Williams: Oh, yes, that's why I asked for the abatement only.
Mr. Plummer: OK.
Ms. Range: Thank you.
50. APPROVE PURCHASE OF 130 RADIOS FROM MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC.
Mayor Suarez: Item 32. Waiving requirements for formal sealed bids.
Mr. Plummer: Mr. Mayor, I really hate to take your time, but I have to take
your time to this extent. This item, in my estimation, Mr. Mayor, is a bad
item.
Mayor Suarez: Thirty-two, you mean?
Mr. Plummer: Yes, sir, and let me tell you why. The City of Miami presently
has 1,500 radios. The problem that we're faced with of buying more radios is
only for compliance with F.C.C. that says that we have to buy 100 radios per
channel. If we do fully comply, we eventually, within the next two years I
_
believe it is, will have to spend to buy another 1,000 radios. Correct?
Twenty-five hundred, because we have 25 channels.
Mr. Ron Williams: We got twenty. Well, the... we're talking about the 20 on
the eight hundred.
`
Mr. Plummer: Yes, I'm talking about we will have to buy approximately another
thousand radios. I personally do not feel that we need any more radios than
what we presently have. We are only going to continue to do buy and buy and -
buy more radios just to keep the channels. Now, I personally feel there are
800 radios in the police department. You never have 800 on the street. You
presently have 700 radios in the fire department. There's never 700 firemen
on duty. You have radios today for tree trimmers, you have radios for street
sweepers and I just personally don't think we need any more radios just to
keep up with an FCC regulation that says you've got to have a hundred radios
per channel. You are talking about buying another million dollars of radios.
I would rather give up five channels and give up 500 radios which I don't feel
are needed.
Mr. Williams: Commissioner...
Mr. Plummer: Now, I'm sorry - I'm not sorry, I'm just laying it on the line.
Mayor Suarez: Where would these 130 go to, is that...?
Mr. Plummer: A hundred to the Police Department and 30 to Fire.
Mr. Dawkins: OK, where is the Fire Department here? Any member from the fire
department here? Now, it was my understanding when you and I talked, that the
reason for this was that we' had, same as Commissioner Plummer said, numerous k:
229 July 27, X909
ssssew�
n
`°
radios that are the high state of the art radios in the hands of tree trimmers
and etcetera for the lack of a better discussion. And the reason we were
doing this was to buy a lesser expensive radio and bring in the more expensive
radio and put it to use where we felt it was needed and to give the tree
trimmers, for the lack of a better word, a less expensive radio. Is that what
you said to me, sir?
Chief Huddleston: Yes, Commissioner, that's what we would like to do. When
the Building Department was separated from the Fire, with them went some of
the radios that the Fire Department had when we were combined. What we have
an opportunity to do, my understanding, is to purchase now a lesser expensive
portable radio, the hand held, and then we could return back to the Police and
Fire Departments, those radios that have greater capability. And I can't
speak to what Commissioner Plummer says other than from the Fire perspective
and we have 30 of those radios on this request and they are needed for the
Fire Department. We're not really concerning ourselves with the loading that
Mr. Williams is concerned with, but we genuinely feel that we need an
additional 30 radios of the hand held.
Mr. Plummer: Chief, my position is, OK, call the 30 radios in, you don't need
tree trimmers with radios, you don't need the street sweepers. Call those in.
If you want to convert those over to the more sophisticated, I have no problem
with that. But I just don't see the need for those people to have two-way
radios. That's my point. You all want to spend a million dollars and you
think it's justified, but I'm not going to spend it, I'm sorry.
Mayor Suarez: Well, I thought it was a hundred and... how much is it?
Mr. Plummer: It's a hundred and thirty now. But before 193, you've got to
buy another thousand radios.
Mr. Williams: Commissioner, may I please clear up the FCC issue? You
absolute...
Mayor Suarez: The Police radios, by the way, if I could just get this on the
record, the police radios are definitely needed, right? And this is not...
Mr. Plummer: Wait, excuse me...
Mayor Suarez: ...and this is no disrespect to the firefighters, I don't want
them later saying that I'm just concerned about a police officers having the
radios that they need.
Mr. Plummer: Mr. Mayor, just for your edification, OK, I want somebody to
justify why the Police Department needs more than 800 radios. Now, they've
got 800 right now. We only have 1,100 policemen.
Mayor Suarez: Let me ask that question. I would think that we would have one
per police officer. But, go ahead. At least.
Officer Chip Landrau: Mr. Mayor, now our sworn strength is 1,090, plus we
have a hundred PSAs on board now; 1,100.
Mayor Suarez: So we're just at about 1,200 if you include the PSAs.
Mr. Plummer: But there are never that many on duty.
Officer Landrau: Plus we're going to be opening up the south...
Mayor Suarez: But you wouldn't want them to have to be...
Mr. Plummer: You got 50 to 60 at all times on light duty that are not even
working. You have at least a hundred that are in the building doing
administrative work that don't need a radio. You know, you want to spend the
money, you guys go ahead and do it but I'm telling you that once you commit
i yourself to this order, you are committing yourself in two years to buying
another million dollars of radios.
Mr. Dawkins: Not if we decide not to buy them.
Mr. Plummer: No, no, you've got to buy them.
230 July 27, 1989
Mr. Dawltiesa Why? Why? Tell me...
Mayor Suarez: OK, tell us that, yea.
Mr. Plume r: Because then you lose the frequencies.
Mr. Dawkins: Huh?
Mr. Plummer: You lose the fre...
Mr. Dawkins: Well, let's lose the frequencies. i mean, see, we're not locked
into it, see? We don't have to...
Mayor Suarez: We have... you...
Mr. Dawkins: We can let the FAA take the frequencies.
_ Mayor Suarers We have how many frequencies now? We probably don't need all
of them. We have what, four...?
Mr. Plummer: Twenty-five.
d,?
Mr. Dawkins: Hum?
Officer Landrau: We have twenty frequencies.
Mr. Dawkins: Say what?
Mayor Suarez: Twenty?
Officer Landrau: Twenty frequencies.
Mr. Plummer: We got a total of twenty-five.
on conventional.
Twenty on eight hundred and five
Mr. Dawkins: See. How many are we using, J.L.?
Mr. Plummer: No, excuse me, with the trunking system - let me give you this
one. With the trunking system, it comes out to 96 channels. Ninety-six
channels!
Mr. Dawkins: How many are we using?
Mr. Plummer: We're not using eight hundred... oh, of the radios or the
frequencies?
Mr. Dawkins: Yes, uh huh, of the channels - frequencies.
Mr. Plummer: Of the channels, I would venture to say, on the sub fleets,
we're not using half of them.
Mr. Dawkins: OK...
Mayor Suarez: So it's not a danger if we lose a few of them because of the
FCC regs, not that I think we would, you know.
Mr. Dawkins: So if we lose 15, so what? j
i
Mr. Plummer: Oh, you will. You definitely will.
Mr. Dawkins: So what? Let them go.
Mr. Plummer: That's what I'm saying, let them go.-
�'i
Mr. Dawkins: If we can't buy the phones.
Mr. Williams: Commissioner, I... +'
Mayor Suarez:
saying is...
Mr. Williams:
Officer Landrau: We use them all.
Mayor Suarez: OK. We are using them all now?
Officer Landrau: Mr. Mayor, besides special investigation section, our
internal security, they use those frequencies for surveillance, they use them
for special details.
Mr. Plummer: You are not using...
Officer Landrau: We're using those frequencies; the SWAT unit has their own
frequency for missions.
Mayor Suarez: Are we in danger of losing some of them if we later decide not
to approve all of the thousand whatever million dollars of radios?
Mr. Williams: Let me clear up the issue of the F.C.C.
Mayor Suarez: Can you answer that question?
Mr. Plummer: Can I address his answer? Sir, there is no way in hell you are
using all 32 frequencies assigned to the Police Department. You have
stretched out to almost every working unit a channel, and you're still not
using them all. You've got a K-9 channel. It is the most sophisticated thing
you have ever seen in your life. I mean, they got everything but a channel
assigned to janitorial duties. Thirty-two channels and Mr. Mayor, let me
inform you, that prior to this sophisticated system, the Police Department
operated on seven channels. Needed.
Mr. Dawkins: Yes, and if Perry Anderson didn't let him have his radios, he
wouldn't know what he's doing on those channels. He got all of Perry
Anderson's radios in his car.
Mr. Plummer: He would love to take my radio. He would love to take my radio.
Yes, that's right. Then he could do any damn thing he wanted.
Mayor Suarez: OK, can somebody answer the technical question of, if we were
to approve this 130 radios and later choose, for whatever reasons, economy or
otherwise, or because they're not needed, not to add any more radios to the
system, would we lose any channels? Can somebody answer that question because
of FCC regs.
Mr. Williams: Not at this time, Mr. Mayor, I'd like to clear it up. We have
just received approval through the FCC for a 5-year extension of our
frequencies as of this June, 1989. Now, there...
Mayor Suarez: So we're talking 194 then?
Mr. Williams: Right. We have provided the FCC with the loading plan based on
their requirements. It does require that we expand our loading. Let me just
advise you that obviously you will have to make that decision as we proceed
along. Commissioner's right, it is possible that we could give up channels,
but it is at least five years away. There is no mandate that you do that.
You can make that determination based on your needs at that time.
Mr. Dawkins: But you're not contradicting J.L., you haven't said that within
five years we will not spend a million dollars J.L.'s talking about spending.
Mr. Williams: I'm saying to you, you don't have to do anything in five years.
Mr. Plummer:
That's the... no, because in the
end of five years,
it's going
to cost you more. The price of radios are going
up, it ain't going
down.
Mr. Williams:
Commissioner Plummer, we've got
approval for our
frequencies
for five years
from June 1989.
Mr. Plummer:
Ron, look. I'm going to tell you one more time.
Nobody has
come up and justified to me the need for more
than 800 radios in
the Police
Department.
Mayor Suarez:
OK, that was going to be the next
question. Not that
we've...
232
July 27, 1989
0
Mr. Plummer: Nobody has come up, which I asked to be done prior to this
meeting and justify the need for more than 700 radios in the Fire Department.
Nobody has yet determined to me why a tree trimmer in this City has to have a
two-way radio. Nobody has said to me why the street sweepers have to have a
two-way radio.
Mayor Suarez: What we have before us is 130 radios which we've been told it's
a hundred for the police department and 30 for the fire department. If we
could just concentrate on that, I would really appreciate it.
Mr. De Yurre: I just have one question.
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: J.L., are you going to vote against this or not?
Mr. Plummer: Yes, sir. I have to.
Mr. De Yurre: I just want to make sure.
Chief Huddleston: I'd like to make one clarification if I may.
Mr. Plummer: The money tree is bare.
Mayor Suarez: Chief.
Chief Huddleston: J.L., the Fire Department - the radios that we're speaking
of purchasing are the hand held, and we do have additional radios that are
installed in our vehicles that we're not speaking of.
Mayor Suarez: Yes, we've seen...
Chief Huddleston: And we only have 193.
Mr. Plummer: And tell him the truth, that's duplication. When you got a unit _
in your car and a hand held, you got two radios per person. You see, we're so
damn sophisticated, we're getting completely out of question.
Mayor Suarez: Yes, but that's one of the few...
Mr. Plummer: The police department - excuse me...
Mayor Suarez: ...things that I don't that too much sophistication is a
problem because if any of those hand held radios stops working at any time and
you don't have a vehicle radio, that would be the worst thing in the world. I
mean, a little duplication there is not a problem, I mean, it's...
Chief Huddleston: Yes, we look on that as a very important tool.
Mayor Suarez: And that's for firefighters. For police, it's the linkage
between you and life. I mean, you're out there and you've got to be able to
communicate. Now, but let me ask about that. The Commissioner is suggesting
that maybe more than 800 are not necessary. Is that what we have now, we have
800?
Mr. Plummer: Seven hundred and fire.
Chief Huddleston: The fire has 193.
Mayor Suarez: No - for the Police
Department. I know the Fire Department
doesn't have that many.
Officer Landrau: Mr. Mayor, we have
861 radios assigned to us. We also have
radios that are assigned to certain
units. The homicide unit has a certain
amount of radios, there are 20 investigators
there, they have fifteen.
Mayor Suarez: But typically the officers keep their own radio? They don't...
Mr. Plummer: That's what they want.
They want one radio per officer.
1
233 July 270 4989
�j
Officer Landrau: Well, each section is assigned different radios. There's a
percentage of radios that are assigned specifically to the patrol section.
Mayor Suarez: And you have to pick them up every morning or do you keep theta
overnight or how do you Mork it?
Officer Landrau: No, at the end of your tour of duty you return them but we
open up the south...
Mayor Suarez: And you have to go to the property room and return the radio.
Mr. Plummer: No, that's not true. Wait a minute, they're taking them to off
duty jobs.
Officer Landrau: Well, yes, if they're assigned an off duty job, they will
sign out another radio.
Mr. Plummer: Your tour of duty, then off -duty...
Officer Landrau: Because, you know, these batteries, we don't have 800
batteries as backup. Once these radios are used for a tour of duty, they have
to be put in and recharged. So you've lost that radio.
Mayor Suarez: OK, and every time that...
Officer Landrau: So, and then we've got different sections within the Police
Department that have...
Mr. Plummer: No, that's not - hey...
Ms. Range: Are you actually stating facts, Commissioner Plummer, when you say
that people in jobs of tree trimmers and street - did you say the street
sweepers?
Mr. Plummer: Yes.
Ms. Range: Have radios also?
Mr. Plummer: Yes.
Ms. Range: One per man?
Mr. Plummer: They do.
Ms. Range: Will you justify that please, sir?
Mr. Williams: Let me speak for the tree trimmers and the sweet streepers -
street sweepers. Thank you.
Ms. Range: Surely. All right.
Mr. Williams: To answer your question, Commissioner Range....
Mr. Plummer: They might have an emergency.
Mayor Suarez: Not the sweet trippers now.
Mr. Plummer: This cigarette pack fell over on the side of the road.
Mr. Williams: Commissioner...
Mr. Plummer: That is an extreme emerg,.a..:y and he calls for first aid from
General Services Administration. My God!
Ms. Range: I'm ready to listen.
Mr. Williams: Commissioner Range, no, it is not accurate that each street
sweeper and tree trimmer has a radio. There are radio units that are provided
within the general services of the City in departments of solid waste,
building and zoning; field people that are out on tours of duty, inspections
rolls. In numbers of occasions we've had and particular housing inspectors to
get themselves in a very delicate situations, they are in need of
communication. In other departments, productivity is completely enhanced...
234
July 27, 1909
Mr. Plummer: Go ahead, do what you want, I just can't justify it.
Mayor Suarez: Yes, the only reason I'm going to vote for it, it's I'm going
to defer to their judgment with it.
Mr. Plummer: Hey, I'll tell you what..
Mayor Suarez: I bought your argument on building.
Mr. Plummer: ...go for half of them and justify the others.
Ms. Range:
Mr. Williams: ...when you look at the ability to direct functions, to
reassign priorities, to send people where you need them to respond to the
needs of the City. I add further that if this plan that we're bringing to you
reduces substantially the cost of those radios in the general services area by
replacing the sophisticated radio that's required in the Police and Fire
departments with the radio that costs half, literally, in those general areas
they don't need the level of sophistication and, thus, the cost, in those
particular areas will be substantially reduced.
Mr. Odio: ...fourteen items in planning and zoning. Are you going to stay
overnight?
Mr. Plummer: Not me.
Mr. Odio:
Mr. Plummer: Hey, where's Sergio?
Mr. Odio: Sergio, pssst.
Mr. Plummer: Did you put this agenda together? Huh? You go justify to the
people why we're not going to hear your zoning items. You screwed up this
agenda by putting all this damn stuff on which we're not going to get to
now....
Ms. Range: Thank you very much.
—
Mayor Suarez: OK, Commissioner, what's your pleasure?
Mr. De Yurre: Well, before I can vote for this, there's a segment here that
says, "...and future necessary radio equipment for the ongoing operating."
That means that it's an open ended kind of thing.
Mayor Suarez: Why don't we close end it?
Mr. Williams: That means if there's a need for additional equipment as
identified by those particular departments, Vice Mayor, we will bring that
back to you and ask you to consider that.
Mr. De Yurre: Well, that's not what it's saying here.
Mayor Suarez: Take it out.
Mr. Plummer: Spend all the money in August and September or you get cut that
much next year.
Mr. Williams: The requirement is, if we're going to expend a dollar amount
above $4,500...
Mr. Plummer: Yes.
Mr. Williams: ...we must bring that back for your approval.
Mr. Plummer: And I'm going to need cigarettes.
Mr. De Yurre:
there.
But the thing is, yes, but you can spend $4500 here and $4500
235 July 27, 1909
3
MEL
Mr. Williamat That is in direct violation of the City Code...
Mr, De Yurre: That's right.
Mr. Williams- ... Vice Mayor, and I assure you we don't operate in that
fashion.
Mr. De Yurre: Great, I'm glad to hear that. 5o I'm just going to take - for
tee to vote, I have to take out this clause here where it says, and future
necessary radio equipment." Any future stuff is out.
Mr. Williams: That's fine. We'll identify those needs and bring them back to
you for your consideration.
Mayor Suarez: Eliminate that by changing it at this point and make it into
the form of a motion.
Mr. Plummer: Mr. Mayor, let me also caution you, you're only being told one
segment of the cost, OK? Remember, more radios are going to require more
technicians to repair. More radios are going to require more equipment to
back them up. You're talking about extra batteries. I mean, you'Ya talking
about a great deal of money beyond expansion of the radio shop and all of
that. So, you know, be aware that it's just the cost of the radios.
Mayor Suarez: Well, I'm not sure that that's correct.
Mr. Williams: Commissioner Plummer, on the contrary, we've reduced forces in
the communications maintenance area.
Mayor Suarez: Yes, I would think that a lot of the operational aspects of it
would be reduced by having more radios rather than less because, presumably,
they'd break down less.
Mr. Plummer: I lose a dollar on each one but I sell so many.
Mayor Suarez: OK. Why don't you move it with that proviso, or otherwise
we'll never get out of here.
Mr. De Yurre: OK, with that in consideration about the future and no future
expenses without coming before the Commission, I'll move this item.
Mayor Suarez: So moved.
Ms. Range: I'll second.
Mayor Suarez: Seconded. Any further discussion? If not, call the roll.
w<
:
The following resolution was introduced by Commissioner be Yurre, who
thoved its adoption:
RESOLUTION NO. 89-738
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF
130 ADDITIONAL RADIOS FOR USE ON THE 800 MHZ TRUNKED
COMMUNICATION SYSTEM FROM MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC. THE SOLE SOURCE VENDOR FOR THIS
EQUIPMENT AT A PROPOSED COST OF $232,185.36 FOR THE
ONGOING UPGRADING OF THE SYSTEM IN ORDER TO COMPLY
WITH FEDERAL COMMUNICATIONS COMMISSION REQUIREMENTS
FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION;
ALLOCATING FUNDS THEREFOR FOR THIS PURCHASE FROM THE
POLICE DEPARTMENT CAPITAL IMPROVEMENT PROGRAM NO.
312018 ACCOUNT CODE NO. 299401-840 ($178,185.36); AND
FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT
CAPITAL IMPROVEMENT BOND PROJECT NO.313232 ACCOUNT
CODE NO. 289401-840 ($54,000); AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THE EQUIPMENT, ADDITIONAL
PURCHASES TO BE 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 Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Absolutely not. I can't afford to waste that million dollars in
taxpayers' money.
(Applause)
Mr. Bob Clark: This is a 4/5ths vote. Is Commissioner Dawkins in the room?
Mayor Suarez: Voted, Dawkins voted.
Ms. Hirai: He indicated that if it should be put to a vote, he was voting
with the motion.
Mr. Clark: All right.
Mr. Plummer: Excuse me. That is not legal. I respect the right of my _
colleague, but the law says that he must be in the chambers.
Mayor Suarez: I heard him vote.
Mr. Plummer: The vote failed. Call the results of the vote.
Mayor Suarez: I heard him vote.
Mr. Plummer: Call the results of the vote.
Ms. Hirai: There has been a legal opinion written on it.
Mr. Plummer: Call the results of the vote.
237 July 270 1989;
f
Ms. Hiraia This is stated four=fifths and only we have three positive vat*s
and it bails.
Mayor Suarez: Oh, no, just who voted - he wants to know who voted which Nays
Mr. Plummer: Was it a three to one vote?
Ms. Hirai: Yes, sir.
Mr. Plummer: The vote fails.
Ms. Hirai: Yes, it necessitated four -fifths.
Mayor Suarez: Oh, I thought I heard Dawkins vote from somewhere.
Mr. Plummer: No, no, no. He has to be in the chambers...
Mayor Suarez: No, I thought I heard him vote. I thought he was in the
chamber.
Mr. Plummer: Then the roll call is complete.
Mayor Suarez: All right.
Mr. Plummer: Three to one. The motion fails.
Mr. Dawkins: Hold it, Miller Dawkins...
Mr. Plummer: No, no, no, no, no.
Mr. Dawkins: ...is on his way.
Mayor Suarez: I told you I thought I heard him vote.
Mr. Dawkins: Hold it, hold it, I'm on the way. All
right, let's...
=
Mr. Plummer: Miller, the motion is to take away all
of your salary.
Mr. Dawkins: Beg your pardon? I don't have any.
Mr. Plummer: The motion is to take away all of your
salary. How do you vote?
Mr. Dawkins: I don't have any. I don't have any.
What's the vote, what is
the motion?
Ms. Hirai: Three to one, Commissioner Plummer voted
in the negative. We need
your vote, sir.
Mr. Dawkins: What's the motion?
Ms. Hirai: The motion was to pass the item.
Mayor Suarez: Thirty-two.
Ms. Hirai: Yes.
Mr. Dawkins; OK, so I vote yes.
Ms. Hirai: Yes, sir.
Mr. Dawkins: He voted no, right?
m;.
Ms. Hirai: Yes, sir.
'.
Mr. Dawkins: So I have to cancel his out....
z
Ms. Hirai: Four -fifths. It passes.
�-
.::
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: The "Blues Brothers" cancel each others' vote.
...
238;W.ly
-
iii.ir.r.rri.l. ------rr-------r.Lr-r.ri.►-------r-...wr-r---rr----rrrrr-Ir�-r.rrrrirr..r.ii.i �►i
S1. SECOND READING ORDINANCE: Zoning atlas amendment at approximately 1918
Brickell Avenue - from RG-2.1/3.3 to RG-2.1/5 (Applicant: Paul R.
Sadovsky).
----r---------------r--------------r------------------r----------------------r
— Mayor Suarez: Let me announce this and let me get a feel from the Commission
hop far you're willing to go tonight so that those of you who are here been
waiting all day on items that planning and zoning be advised, including Mr.
Bercow who I see standing up to the mike as if he was having item PZ-1. I
guess you do, right? Commissioners, what do you want to set for deadline
tonight?
Mr. Plummer: Can I maybe ask in the interest of fairness, are there items
that are not on a deadline that could possibly be deferred until the next
meeting?
Mr. Dawkins: That's September now.
Mr. Plummer: I understand that but, I mean, you've got Orlando Urra here who
has a deadline to meet and if he doesn't, he's dead.
Mayor Suarez: Guillermo, any items of these that are City items that...
Mr. Plummer: But they're all in the back, which is...
Mayor Suarez: They're in the back anyhow, so...
Mr. Plummer: That's the green.
Mayor Suarez: All right, so we go through the other ones.
Mr. Plummer: Are there any items that people could volunteer to be put off
until the September agenda that you don't have a deadline to meet?
Mr. Dawkins: I don't know what we're doing. Don't ask me.
Mayor Suarez: Nobody's going to volunteer.
Mr. Plummer: I don't hear any volunteers.
® Mayor Suarez: OK, how late are you willing to stay tonight, Commission?
Mr. Plummer: Nine o'clock.
Mayor Suarez: Even though it's the last meeting in July.
Mr. Plummer: Nine o'clock.
Mayor Suarez: Even though you argued about every item all day.
Mr. Dawkins: That's why he's arguing now, nine o'clock.
Mayor Suarez: All right, I think it's a fair statement to say that we'll only
be able to handle the first few of these.
Mr. Plummer: When are you leaving?
Mayor Suarez: If anyone has an item beyond PZ-10... well, anyhow, we've gone
this long. Let me not predict let me just take them in order. PZ-1.
Jeffrey Bercow, Esq.: Mr. Mayor, Commission members, my name is - I'm sorry.
Mr. Guillermo Olmedillo: PZ-1, Mr. Mayor, is a second reading on a zoning
change for 1918 Brickell Avenue. As you know, the applicant filed for an RG-
2/7. The department recommended a lesser change which is a 2.1/5 which is a
general residential district. The Zoning Board recommended also approval of
this. As I said before, this is in second reading and there was a covenant
z." submitted by the applicant with it.
239 July 27, 1989
_ Mr. Sergio Rodriguez: Mr. Mayor, this is the second reading. First item is
the second reading and that have been moved before and everything has been
already taken care of in the covenant as was requested before.
Mayor Suarez: OK, so, does that mean that you now recommend or does that mean
that - please, let's have some quiet in the chambers. I can't ... Mr. Helfman,
sir. We'll get to your item one of these days, maybe, if you give us a little
bit of quiet.
Mr. Rodriguez: Except that on PZ-1 there might be, at this point, you might
have some neighbors that might not be in support of it.
Mayor Suarez: Do we have anyone that wishes to be heard opposing PZ-1? OK,
then obviously we have to hear the item. Why don't you make a quick
recommendation from staff with the...
Mr. Olmedillo: Planning recommendation is to go for an RG-2.1/5 which is a
lesser change than what requested by the applicant. The Zoning Board went
along with that change as a recommendation to you, sir.
Mayor Suarez: ...the 1918 Brickell Avenue....
Mr. Bercow: Mr. Mayor, Commission members...
Mayor Suarez: Counselor, do you want to add something?
Mr. Bercow: My name is Jeffrey Bercow, attorney with the law firm of Steele
Hector & Davis, 200 South Biscayne Boulevard, in Miami. I'm here today
representing Paul Sadovsky, the property owner. In the interest of time, I
will make a very short presentation and reserve some time for rebuttal if
necessary.
Mayor Suarez: Madam City Clerk, would you please swear in... everyone who is
going to be heard on PZ-1, please raise your hand and be sworn in along with
Mr. Bercow in accordance with the City ordinance.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: Go ahead, proceed counselor.
Mr. Bercow: I'm here today representing Mr. Paul Sadovsky, the property
owner. The last time that we were here before you in June, we had a five to
zero vote of the Commission in favor of the RG-2.1/5 zoning district. The
Planning Department is recommending for the RG-2.1/5 zoning district. The
only issue that surfaced during last reading was a concern raised over the
covenant that we proffered for $5,000 for the City Park Improvement Trust
Fund. We have agreed, firstly, to change the purpose of this proffer to parks
or recreation purposes in order to buy equipment for use in the park, sporting
goods and equipment, and secondly, instead of being payable through our
covenant prior to CO, we are proffering today, verbally, our voluntary
contribution of $5,000 for parks and recreation purposes to be paid within 30
days of approval. With that, I'd like to reserve time for rebuttal. We
haven't heard any of the protestors.
Mayor Suarez: From the opponents.
Mr. Plummer: Refresh my memory. This owner is under contract to sell. Is
that correct?
Mr. Bercow: That is correct.
Mr. Plummer: And under contract to sell to who?
Mr. Bercow: Under contract to sell to the wife of Mr. Nassar Adrisi.
Mr. Plummer: OK, thank you.
Mayor Suarez: Anyone wishes to be heard in opposition to this Item? Ma'am,
go ahead go up the mike. You're on.
240 July 27, 1989
•
•
Mr. Rodriguez: I don't believe she was sworn in, Mr. Mayor.
Mayor Suarez: Well, did you get sworn...
Mr. Rodriguez: I don't believe she was sworn in, Ms. Range.
Mayor Suarez: Well, did you get sworn in?
Ms. Selma Alexander: No, I'd be happy to be sworn in.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Ms. Alexander: My name is Selma Alexander, I live at 2323 South Miami Avenue
in a house which we built in 1941 and moved into in 1942, so I didn't just
come here. I am opposed to the change in the zoning itself. I've come to this
rather late, but this particular zoning change, and that's what it amounts to,
would affect a subject property in PZ-11, which would then come under that
same type of zoning. I don't understand, I spent six years on the Planning
Board, from 1968 to about 1976, at which time we were very deeply engaged in
having to prepare a comprehensive master plan for the City of Miami. This
plan had things like R-5A and R-3A. That R-5A was Brickell Avenue on the bay
side. R-3A was designed as a buffer zone to protect the houses on South Miami
Avenue from the intrusion of too much high density, etc. and I thought we had
this accomplished. At one point in time, they built that height barrier from
two floors to three and then it went to four in my back yard. I don't see why
we can go to this slash five which allows five stories on a 100 foot lot of
property, 180 feet deep. I don't know where they are going to get parking.
You all talked about common sense before. Common sense tells me a site...
Mayor Suarez: We only talked about it, we didn't apply it.
Ms. Alexander: Well, you know, you try, I know you try. It just seems to me
absolutely outrageous that we are going ahead with this kind of thing and
chipping away. It's bad enough that that green property got through with its
four stories. What you are building are instant slums, I've said this before,
I say it again and I am going to speak more definitively on PZ-11, but I did
want to make my feelings heard. It...
Mayor Suarez: OK, let me ask about that then, since part of your argument, or
most of your argument concentrates on the impact on PZ-11. Is PZ-11 a prior
item that we had previously approved some kind of a rezoning for, in fact a
similar, and that somehow has been kicking around in...?
Mr. Olmedillo: Yes, you did about a year ago, you...
Mayor Suarez: How would this, our finding on PZ-1, our decision on PZ-1
affect PZ-11, if at all?
Mr. Olmedillo: It doesn't really affect in the sense that what's been before
you in PZ-11 is a class C which was rescinded and the Zoning Board did approve
it, reserve the decision of the Planning Department to deny that class C
permit, so in a way what it sets is a precedent, a precedent for another case.
However, I think we should deal with it in its totality before you can see how
it can impact this particular property, OK.
Mayor Suarez: The considerations of that class C that is being sought in PZ-
11 are what? What are the considerations there, what are...?
Mr. Olmedillo: The issue is basically the number of units. The zoning
district has a number of units fixed. The Comprehensive Plan also has a
ceiling to the number of units and the permit which is sought...
Mayor Suarez: PZ-11 would otherwise have how many and are seeking how many?
Mr. Olmedillo: They are seeking 20 units.
Mayor Suarez: And how many would they otherwise be allowed to have?
Mr. Olmedillo: The Comp Plan says a maximum of 40 and the zoning ordinance
says a maximum of 25 - no 10, in that particular site.
241 July 27, 1989
Mayor Suarez: Oh, it one of those places where the Comp Plan is more liberal
than...
Mr. Olmedillo: It is more liberal than the...
Mr. Plummer: Whoa. Quote the Zoning Code as of today, not what is proposed.
I think you'll find that the Zoning Code of today is 20 per acre. What is
proposed is 40, yet to be passed.
Mr. Olmedillo: That is correct, but I like to quote the zoning ordinance
directly. RG-2.1 says in two small sectors of the oldest southern portion of
the City along Brickell Avenue across from the RG-2.2 district and along a
section of Bird Road between U.S. 1 and S.W. 27th Avenue, strips of lots exist
which are in the process of redevelopment or should be redeveloped, at
moderate three story apartment intensity to preserve existing residential
character and in part to provide buffering for adjacent areas of low intensity
residential development. Maximum density is intended to be approximately 25
units per net acre. This lot is 100 by 180.
Mayor Suarez: That's in our Master Plan.
Mr. Olmedillo: No, this is the zoning ordinance.
Mayor Suarez: Our zoning ordinance refers to the maximum number of units as
approximately 25 units?
Mr. Olmedillo: That is correct sir, in the intent column.
Mr. Rodriguez: That' why you have an item today which is a proposal f or a new
zoning ordinance, that you have as item 27.
Mr. Olmedillo: Per net acre, yes sir.
Mayor Suarez: Approximately maximum of approximately 25 units per acre,
that's too much. OK.
Mr. Dawkins: The land in question is - what's the area?
Mr. Olmedillo: Excuse me, sir?
Mr. Dawkins: An acre, acre and one-half, two acres land in question?
Mr. Olmedillo: No, this particular property is a little bit less than a third
of an acre and they have allocated about ten units. It is a lot which is 100
by 180, so it comes out to about ten units for this particular piece of
property.
Mayor Suarez: Anything further on this particular item now that we've
attempted to clarify the relationship between this and PZ-11?
Ms. Kris Register: May I ask, are we getting into the discussion of PZ-11?
Mayor Suarez: No, we will certainly get to you when we get to PZ-11. I just
wanted to have some idea of the relationship. I'm not sure that I have it any
better than before I asked, but...
Ms. Register: I will state a fast relationship, if I may.
Mayor Suarez: No, no, PZ-11, no anything on PZ-1, please.
Ms. Register: No, on 1. You are talking about the zoning and what the
relationship is, OK? My name is Kris Register, I live at 2006 Brickell
Avenue.
Mayor Suarez: You've been sworn in, right? You were sworn in?
Ms. Register: I raised my hand with the other group, yes.
Mayor Suarez: Yes, go ahead.
Ms. Register: It's just that the change in zoning was the first step that
caused us to get where we are with 2100 Brickell Avenue and they went through
242 July 27, 1989
series of... they got the change in sector from the three point three to the
five in that context they entered into this declaration of restricted
convenants, limiting it to 40 feet, which is giving them four stories and then
it opens the door to later on down the line they will come back in the same
manner and ask for an amendment to the declaration and raise it another eight
feet which is what happened with ours. It's a possibility. He's shaking his
head, but that's what happened and it leaves the door open to happen here too
and then we'll get to the density issue once again and that's the
relationship, it's just sort of the start of it, and if you change...
Mayor Suarez: The old domino theory. OK, anything further from the opponent?
Mr. Plummer: The lady in the back there.
Mayor Suarez: OK, Ma'am.
Ms. Arvah Parks: My name is Arvah Parks and I live at 1601 South Miami
Avenue.
Mr. Plummer: Have you been sworn in?
Ms. Parks: No, I haven't.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Ms. Parks: About a year ago I moved into 1601 South Miami Avenue. My home -
is immediately behind the green project, so I am currently living on your
first dense project there, in relationship to it. I'm opposed to the change
because the lot that my home is on on South Miami is approximately the same
size where you are now talking about 20 units. Also I am well aware of the
incredible density that we are talking about on this property. South Miami
Avenue is perhaps one of the most beautiful streets in the City of Miami. I
have been thrilled that it is alive and well and wonderful neighborhood. It
is a wonderful place to have a home. It is the entrance way to the City from
— the south, and I think if you've ever lived with five stories looking over you
=� in your back yard, when you have a beautiful back yard, it is not a pleasant
way to live and it's going to force out the residents on South Miami Avenue.
There are many, many places where you can build fine apartments and there are
many, many places where you can have this kind of density, but there are not
many, many places in this area that has fine homes in a viable neighborhood.
There is a lot of speculation going on Miami Avenue. Realtors tell you, well,
they are going to tear this street apart very soon. There are a lot of people
there that live there, because they like to live there, and I happen to be one
of them, and I hope that you will protect that street as a very important part
of what Miami is and should continue to be. Thank you.
Mayor Suarez: Thank you Ms. Parks. Opponents? OK, counselor, do you want to
wrap up or do you have supporters that you want...
Mr. Julius Sperling: I support the covenant. My name is Julius Sperling, I
live at 1915 South Miami Avenue which is directly behind the parcel on
Brickell. I'm in favor of the covenant the way it's presented with the 40
foot height and 25 units per acre and I think that's what it ought to be, I've
lived there 39 years and I don't think we ought to have a change where I agree
with Ms. Parks that we should not allow 20 units on 100 foot lots or anything
near there. Ten units would be sufficient. Thank you.
Mr. Plummer: Just for the record, sir, you don't support 25 per acre, because
the size of this lot would only allow 10, according to the Code.
Mr. Sperling: Which is 25 per acre.
Mr. Plummer: You don't have an acre.
Mr. Sperling: No, I think it is point forty-one.
3`
Mr. Plummer: I'm sorry?
Mr. Sperling: I think it is point four.
Mr. Olmedillo: Point four acres multiplied times 25 gives you ten units.
243 July 27, 1989
Mr. Sperling: Acres, so it comes out to...
Mayor Suarez: Twenty-five per acre, or point four acres, works out to be ten.
Mr. Plummer: Ten units.
Mr. Sperling: Ten units.
Mayor Suarez: Forty stories, I mean forty feet high is the covenant?
Mr. Olmedillo: Not these.
Mr. Plummer: The other ones.
Mr. Olmedillo: The others.
Mr. Plummer: Oh, OK.
Mayor Suarez: What is the height restriction on the RG-2/1 three point three?
Mr. Olmedillo: On the three point three, it's a 35 height restriction. This
would take...
Mayor Suarez: Thirty what?
Mr. Olmedillo: Thirty-five.
Mayor Suarez: So we are going five feet higher than that?
Mr. Olmedillo: Yes, the five will take the ceiling off. There is no height
limitation on the five, but the proffered is 40 feet.
Mayor Suarez: It's a covenant running with the land, a covenant that is
enforceable by the City, obviously?
Mr. Olmedillo: Correct, sir.
Mayor Suarez: OK, anything else?
Mr. James Donnellan: I'm James Donnellan, I reside at and own the property at
1900 Brickell Avenue, not South Miami Avenue.
Mayor Suarez: And you also have your law offices there.
Mr. Donnellan: That is correct, your honor. I have. Unlike the other
witnesses that you've heard from, and I respect certainly their right to both
feel and voice their opinion, I support the amendment. I too am here
primarily to speak to PZ-11, but certainly PZ-1 can impact upon the overall
situation. I've owned my property for approximately ten years. I've got 180
feet going back from Brickell Avenue, I've got 100 feet that fronts on
Brickell Avenue. I live there. That property, in the view of our tax
assessor is of sufficient value that I've been required to pay approximately
$11,000 a year on those taxes. That property is only one of three, four or
five single family residences on all of Brickell Avenue from 15th to 25th
Road. The two ladies that spoke to you a moment ago live on South Miami
Avenue. Coincidentally and perhaps unfortunately, they live directly behind
the projects on Brickell Avenue that have been completed that are five and
four stories respectively. Whatever happens, their faith insofar as their
property is sealed. That stretch of Brickell Avenue already has the building
on it of a height that has been suggested for what it is and this amendment
will simply conform what already is there as I understand it. The idea,
however, that I, as one of the very few property owners could be somehow now
restricted to something less than as what has already been developed and
undoubtedly will be developed on that fairly short stretch of Brickell by
people who live in condominiums on Brickell Avenue, who don't address, face,
or possess the same situation I have, it would be patently unfair. I think
the reality is and I've seen it in the ten years that I've lived on Brickell.
As the old saying goes, the times, they are a changing. You don't have a
solid stretch of single family residences. I see the light, I know it's not
going to be that way forever. I know the day will come probably, when I will
remove myself from Brickell Avenue, whether to live or not in a condominium, I
244 July 27, 1909
don't know, but to unfairly restrict what I'll be able to do with my property,
particularly in consideration of what's already there, I think would be
inappropriate and I say that as a Brickell Avenue, not a South Miami resident.
Mayor Suarez: OK.
Mr. Alex Frishani: I would like to speak to clarifya point which you have
done in the past on behalf of Mrs. Gandalina who has a contract to purchase.
I'm Alex Frishani, with address...
Mayor Suarez: No, we're not...
Mr. Dawkins: Is this eleven?
Mr. Frishani: Yes. No, number one. I'm Alex Frishani at 1865 Brickell
Avenue, unit 701. I'm talking on behalf of Mrs. Gandalina who has the
contract.
Mr. Plummer: Have you been sworn in, sir?
Mr. Frishani: No, I haven't.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mr. Frishani: I'm talking on behalf of Mrs. Gandalina who has the contract to
purchase this property. The contract is for the amount of 20 units. If there
is anything less than that, then the contract will be void, so we'd like to
have full clarification at this time as to the number of units that would be
given.
Mr. Plummer: Sir, there is no such... sir, for the record, I think the City
Attorney will advise you there is no permissible way of contract zoning by
this Commission. Any agreements that you have on a private basis is between
and the seller, but we cannot contract zoning, under no circumstances.
Mr. Frishani: That's quite true, sir, but they like to have clarification as
to the nature of the zoning and the number of units.
Mr. Plummer: Sir, that's your problem.
Mayor Suarez: Yes, that is something that you may need some...
Mr. Plummer: Sir, that's your problem, with the seller, not with this
Commission.
Mr. Jesus Rois: Mr. Mayor, excuse me.
Mayor Suarez: On this item?
Mr. Rois: Yes, sir.
Mayor Suarez: Quickly, please. Are you objecting or supporting?
Mr. Rois: No, no, I'm against it, sir.
Mayor Suarez: OK, well make it quick because we already had the time for the
objectors, please.
Mr. Rois: OK, my name is Jesus Rois, I live at 358 S.W. 22nd Road, but I own a
lot, a vacant building lot, lot 7, block 35, that is slightly outside of that
375 foot circle and the only thing I would like to do is ask this Commission
not to do anything that would hurt Miami Avenue. Miami Avenue, like the Tady
said, is our prime street in the City and that is the reason why I have been
paying taxes for ten years in that block, dreaming one day of being able to
build a house in there. I hope that you will not do something that would hurt
the view on Miami Avenue. Thank you.
Mayor Suarez: Now...
Mr. Joe Wilkins: My name is Joe Wilkins, president of the Miami -Roads
Neighborhood Civic Association. I live at 228 S.W. 23rd Road. We were called
245 July 27, 1989
to hear from this from Mr. Sperling. We share Ms. Parks' and Mr. Rois'
concern for Miami Avenue very much. We are very concerned of what is going to
happen there. In this case they have been able to negotiate a settlement
which is agreeable to the immediate neighbors and we cannot necessarily oppose
that settlement. At the same time, we do want to express our concern with Mr.
Rois and Ms. Parks that what's going to happen on Miami Avenue and what
happens on Brickell will ultimately affect what happens on Miami Avenue and we
need to proceed with utmost caution. Thank you.
Mayor Suarez: I have a particular interest on whatever happens on South Miami
Avenue for obvious reasons because that's....
Mr. Plummer: You are out of there, you are out of there. How long does Mr.
Sadovsky own the property? - or Sadovsky?
Mr. Bercow: Sadovsky, approximately six months.
Mr. Plummer: Six months?
Mr. Bercow: Yes, sir.
Mr. Plummer: Is he present?
Mr. Bercow: He is not.
Mr. Plummer: Do you know what he paid for it?
Mr. Bercow: Yes I do, I don't want to try to state the exact figure, I gave
it to you at the May meeting.
Mr. Plummer: Well, you know, the question... well, it's your choice,
counselor, whether you wish to reveal it or not, that's...
Mr. Bercow: It was approximately $380,000, but I don't to be held to that
number.
Mr. Plummer: OK, approximately. Approximately what is the offer to sell?
Mr. Bercow: Approximately $590,000.
Mr. Plummer: You see, this is... and I'm not speaking to your client, please,
in particular. I still say that the taxpayers of this community are making a
mistake when we do not collect for the taxpayers. This man was the developer
who bought this property and is, you know, making a $200,000 profit and
offering to the City back $5,000. Somewhere, I lose in that transaction, yet
we can't contract for zoning.
Mr. Bercow: I'd like to address that point and a number of points that the
other objectors have made. Firstly, on item PZ-11, 2100 Brickell Avenue, is
simply not relevant to this piece of property. This application stands on
it's on merits, it is simply a rezoning, the land use intensity sector change,
there will be no increase in units. If mistakes were made on 2100 Brickell
Avenue, I'm sure that the Planning Department will not repeat those mistakes
here. I think that any subsequent permits for this property will be subject
to a high degree of scrutiny. 2100 is simply not relevant. On the height
issue we have proffered a covenant limiting our height to 40 feet. Under the
existing zoning district, we are limited to three stories and that would be 35
feet, if you build over parking, so there is a five foot difference. We've
also proffered a covenant, our covenant also provides for a 40-foot setback
and a 10-foot landscaping strip so that we will have a minimal visual impact
on the neighbors to the west and on South Miami Avenue of approximately a 45
degree line of sight. Furthermore, our neighbor to the west has very high
trees in the rear of his lot and that will add further buffering. There are
other buildings on the west side of Brickell that have greater height
limitations and we are not asking for that. 2100 has a 48-foot height
limitation, 1550 has a 45-foot height limitation and portions of Brickell
Forest are built to over 54 feet, so don't think we are very high or have much
of an impact in comparison. We think that buyers intent, and we... by the
way, he's wrong, but the buyers intent is irrelevant here. What's important
is the law and when this property is rezoned it is going to be limited to the
RG-2.1/5 zoning regulations. The Planning Department will tell you what we
can do and what we can do is build 25 units to the acre. Our contract is
246 July 27, 1989
expressly contingent on RG-2.1/5 zoning. It does not say anything about the
number of units that we either are getting or not getting.
Mr. Plummer: Your covenant speaks to a maximum of 20 units.
Mr. Bercow: Excuse me?'
Mr. Plummer: You covenant speaks to 20 unite.
r
Mr. Bercow: No, our covenant says nothing about the units. We are going to
be limited by the toning regulations...
}
Mr. Plummer: To 20 units.
Mr. Bercow: ... with respect...
Mr. Olmedillo: It's ten, air.
Mr. Plummer: How many units?
Mr. Olmedillo: Ten.
Mr. Plummer: Ten.
Mr. Bercow: It's 25 units to the acre.
Mr. Olmedillo: It will be ten... it is 25 units per net acre. It is .41
acres which translates into 10.
Mr. Bercow: By the regulations.
Mr. Rodriguez: That's not spelled out in the covenant, if that was your
question, but it is not necessary, because the ordinance...
Mr. Plummer: Covers it?
Mr. Olmedillo: The ordinance is specific to that issue.
Mr. Bercow: And lastly, Commissioner Plummer, as to the amount of
contribution, $5,000 is consistent with the contribution offered at 2100
Brickell Avenue. It is also consistent on a prorated basis with the
contribution offered on 1550 Brickell Avenue. Obviously, they had six as much
property, provided six times as much of a proffer.
Mr. Plummer: Jeff, I love, but don't tell me that.
Mr. Bercow: The feeling is mutual.
Mr. Plummer: I don't want to hear it, OK? I mean, why does this City have an
obligation to make this gentlemen, whoever he is, $200,000 in six months? He
bought a piece of property that had certain rights and privileges, nothing
else, no more!
Mr. Bercow: You have no obligation, but what's before you...
Mr. Plummer: Exactly!
Mr. Bercow:... is a land use decision. There is precedent for it. Your
Planning Department is recommending in front of it, and we request that you
approve it.
Mr. Plummer: Not arguing that point. I'm arguing the point that if this man
is making $200,000 off of a transaction by virtue of action of this
Commission, I think the taxpayers should be the beneficiaries and not this
developer.
Mr. Bercow: The taxpayers will benefit by an increase in value and increased i
assessments.
Mr. Plummer: I understand that, but you've got to also realize ad valorem
taxes only bring back to this City 27 percent, or roughly 33 percent of what
it cost us to provide them. If it wasn't for fees and everything also, we'd
lose our... donkey!
247
July 27, 1989
1�1
11
Mayor Suarez: Actually now, barely 40 percent of them, about 33 or 34.
Mr. Plummer: OK. Call me a liar for three percent.
Mayor Suarez: OK, Commissioners? On the first reading of this, I didn't note
the presence of some of the objectors. I wonder why?
Mr. Plummer: They weren't here.
Mr. 01medillo: They weren't here.
Mayor Suarez: I entertain a motion on PZ-1.
Mr. Plummer: Dawkins?
Mayor Suarez: It was unanimous last time. Moved.
Mr. De Yurre: Move it.
Mayor Suarez: Moved. I think this might have been different if we had heard
from Arvah and Jesus and some other people. Do we have a second? Going
once...
Mr. Plummer: Mr. Mayor, I'll second the motion. I have to say that in all
essence, this matter that was put before us before, I think you've got to
come to a compromise area. The restrictions that are proffered in the
covenant, do give a certain amount of protection. Maybe not all of the
protection that we want, but I think it does give the protection. It is not
going to be of the 45 or the 54 and I just... you know, I think we have to be
somewhat consistent.
Mayor Suarez: Any further discussion? If not, read the ordinance.
Commissioner Range?
Mrs. Range: Please tell me what can be built on this property as is?
Mr. Olmedillo: As is you may build a multifamily unit with a 3.3 sector,
which will give about a .40 FAR, very close to a .40 FAR, but the same number
of units. You are allowed to have up to 25 units per net acres, which in this
lot translates to ten units, so in this act, what you do, you do not increase
the number of units, you increase the area of each unit.
Mrs. Range: So are you saying that whether this item goes or fails, that they
can build the ten units there, is that what you are saying?
Mr. Olmedillo: That is correct, Commissioner.
Mr. Plummer: Well, I think another thing to be pointed out is that the
density will not be any higher. The units will be larger. If you don't allow
this, they can build the same amount of units, but they've got to be smaller,
and as I recall, the smaller units that they were talking about before were
what, about 700 or 800 square feet?
Mr. Olmedillo: Speaking of this item, or 11?
Mrs. Range: No, this item.
Mr. Olmedillo: This item? They spoke about 850 to 900, at least.
Mr. Plummer: By the smaller plan or the larger plan?
Mr. Olmedillo: By the larger plan.
Mr. Plummer: By the larger plan. By the smaller plan would have been how big
a unit?
Mr. Olmedillo: About 550 to 600.
Mr. Plummer: Right, which when I voted for it before, a unit is not conducive
in the Brickeli area for 550 feet. That is a very small unit. We look, or I
look at Brickell Avenue as being a very luxurious area, and I...
248
Mayor Suarez: Well, let's not confuse the Commissioner. In that case, were
we not to approve this, you simply build less units, that's all.
Mr. Plummer: No, they can still build the ten, but they build them smaller.
Mrs. Ranges The build them smaller.
Mayor Suarez: Yes, but I me an, if you want to have them bigger to conform
with the character of the area, as he's describing it, you build less units.
Mr. Plummer: Yes, and you also wait, you wait for them to get the snow plows
off of Flagler Street.
Mr. Rodriguez: The other thing that also we got through the covenant was that
they would move the property 40 feet from the rear setback, which we feel is a
protection and we also, they proffered voluntarily that it would have a ten
foot landscaping plan that would be reviewed by the Planning Department and
would make sure that it would be heavily landscaped, so we feel those two
things will help.
Mr. Plummer: Then why did you deny it?
Mr. Rodriguez: Well, we recommended denial... no, no, we recommended denial
in the original request, Commissioner. That was a higher sector. On this
sector we are recommending approval.
Mayor Suarez: OK, any further discussion, if not, call the roll.
Mr. Maxwell: It's an ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF 1918
BRICKELL AVENUE, MIAMI, FLORIDA (AS MORE PARTICULARLY
DESCRIBED HEREIN), FROM RG-2.1/3.3 GENERAL RESIDENTIAL
TO RG-2.1/5 GENERAL RESIDENTIAL; BY MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37
OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500
BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 22, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10621.
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: And let me, as a warning, I'm going to vote yes on this because
I voted on first reading and I don't want to be inconsistent, but at the time
we approved the item at PZ-11, I'm now beginning to remember, we are about as
desperate as you can get to get some development on Brickell
Avenue. I think that has changed, and I think it is going to be a lot tougher
249 July 27, 1909
in the future to divert from the existing zoning code and I just want to warn
property owners not to buy to speculate, at least not to count on my vote to
sell to other people and make money on these properties because I think we
should stick to our zoning code if we think it is improper for that area, or
inappropriate and we should change it, and we haven't done that, so...
52. SPECIAL CITY COMMISSION MEETING CALLED FOR JULY 31, 1989 AT 2:00 P.M.
continue all items not taken up on this date.
Mayor Suarez: Commissioner Dawkins, I want to also indicate to everybody that
I have been asked by Commissioner Range, in view of the lateness of the hour
to complete whatever we don't get today at a special session that would held
some time next week. It would not be in September, and I have polled everybody
except you, J.L., and I hope that you'll be able to come back just to finish
Planning and Zoning agenda, not anything else.
Mrs. Range: No other items except those.
Mayor Suarez: No administration items, don't even think of it, and that way
we would be able to treat fairly a lot of you who have been waiting for items
that cannot wait until September.
Mr. Plummer: Mr. Mayor, according to a date, I possibly can or cannot.
Mayor Suarez: Yes, we would work around your schedule.
Mrs. Range: I'd like to get it at the earliest possible date, so that it will
not conflict with anyone who might be leaving the City.
Mayor Suarez: One possibility would be July 31st, which would be next Monday.
Mr. Plummer: No, Mondays are always bad for me, that's my worst day.
Mayor Suarez: August 1st then, I mean the sooner the better, because slot of
people have travel -plans in August.
Mrs. Range: August 1st would be fine. I think it is terrible, yes.
Mr. Plummer: That's election day.
Mayor Suarez: August...
Mrs. Plummer: August lst is an election day.
Mrs. Range: August 1st is an election day, so we can't do it then.
Mayor Suarez: Does that create a problem? I mean, we have one item on the
ballot.
Mr. Dawkins: Yes, it will create... I mean, I'll vote before I come here.
Mayor Suarez: Yes, I mean...
Mrs. Range: Yes, let's go for August 1st.
Mr. Dawkins: OK, I'll go for August 1st.
Mayor Suarez: And we would begin the items at...
Mr. Plummer: 2:00 o'clock?
Mayor Suarez: We would recess this meeting until August 1st at 5:00 p.m., I
guess.
Mr. Dawkins: OK, 5:00 p.m.
Mrs. Ranges No, no, Mr. Mayor. No, no.
250 July 27, 1989
i
I
Mayor 5uarest We don't have time to reprint the agenda, by the way, so we
use... I'm getting so much input from so many sources here, I can't even
think.
Mr. Rodriguez: Mr. Mayor...
Mrs. Range: Mr. Mayor, what is the...
Mayor Suarez: OK, some items would have to be scheduled for after 5:00
because of our ordinance requiring them, otherwise, we could begin at 2.00.
Commissioner Range.
Mrs. Range: Do you think 2:00 is going to give us enough time to get through
with everything?
Mr. Plummer: Sure.
Mayor Suarez: Yes, oh yes, it better.
Mrs. Range: All right, I'll go with that.
Mr. Plummer: Can I ask for a reconsideration, Mr. Mayor?
Mayor Suarez: Yes.
Mr. Plummer: Mr. Mayor, can I ask that we consider July 31st since you are
going to start at 2:00 o'clock? It creates no problem for me.
Mayor Suarez: I'm much rather do it July 31st.
Mr. Plummer: What?
Mayor Suarez: Monday is better for me.
Mrs. Range: What is July 31st?.
Mayor Suarez: We could recess until Monday, July 31st.
Mr. Dawkins: Monday.
Mrs. Range: Monday, fine.
Mr. Plummer: But since you are starting at 2:00, it does not create a problem
for me.
Mrs. Range: Fine, Monday at 2:00 p.m.
Mayor Suarez: And we would be disposed to announce 9:00 p.m. that we are
recessing until Monday, July 31st, that makes it even quicker than we
otherwise would have done on Tuesday, August 1st.
--------------------------
-------------------------------------------
---------
53. ACCEPT, IN PRINCIPLE, PRELIMINARY AGREEMENT REACHED WITH THIRD MERENGUE
FESTIVAL MIAMI - Direct Manager to work out final details (See label
43).
Mr. Dawkins: Mr. Mayor, we sent this gentlemen back to come...
Mayor Suarez: Did you work things out? They worked things out?
Mr. Dawkins: Let's read it. Come on, so we can go.
Mrs. Range: Mr. Mayor,
while they are waiting...
Unidentified Speaker:
You know, we talked to
the people in the Parka'
Department and this group agreed that they will
pay the $4,195 that Mr.
Plummer said, and there
also is $iH that you have
to waive plus they want to
pay the bill...
251
.:4,
July 27, 1989
Mayor Suarez: Well, let's not hold up anything here for a hundred and sothe
dollars, believe me, we can work that out.
Mr. Plummer: You got it worked out fair to the City?
Mayor Suarez: You got it worked out and understanding?
Mr. Plummer: I move their fair workout.
Mr. Dawkins! Second.
Mayor Suarez: Call the roll on that item.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-739
A MOTION ACCEPTING IN PRINCIPLE PRELIMINARY AGREEMENT
REACHED BETWEEN REPRESENTATIVES OF THE THIRD MERENGUE
FESTIVAL MIAMI AND THE CITY ADMINISTRATION IN ORDER
FOR THE ASOCIACION COMUNAL DOMINICANA, INC. TO HOLD
SAID EVENT AUGUST 13, 1989; FURTHER DIRECTING THE CITY
MANAGER TO WORK OUT FINAL DETAILS WITH SAID GROUP.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
54. GRANT REQUEST BY MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION FOR USER
FEE WAIVER - concerning charity "Splash Jam" event at Virginia Key -
Designate proceeds to fund a scholarship.
Mayor Suarez: Commissioner Range, you want to tell us something?
Mrs. Range: Yes, before we go to our next item, I have one last pocket item
that I need to bring up because...
Mr. Dawkins: Emergency item.
Mrs. Range: Yes.
Mr. Plummer: Emergency.
Mrs. Range: This is an emergency and that's on July 30, 1989, the Miami
Community Police Benevolent Association will host a charity splash down event
on Key Biscayne at the survival facility. All funds raised at the event will
be used to give some deserving student from the Miami area a scholarship at
our annual police officer's community ball. "We of course are a nonprofit
organization and are requesting that you and other Commissioners assist us
with this charity event by waiving the following items: the maintenance fee,
the electrician's fee, the ticket fee, stage fee, traveling fee and insurance
fee." Mr. Mayor...
Mr. Plummer: Some of those we cannot waive.
Mrs. Range: Some, tell me what you...
252 July 27, 1989
Mr. Plummer: No, you can't. We cannot waive the ticket fee, that's the
surcharge and we cannot waive insurance.
Unidentified Speaker: No, no, wa don't want the insurance waived, we're going
to pay the insurance.
Mr. Plummer: You can't. _
Mrs. Range: All right, it's on this note, that's why I read it.
Unidentified Speaker: OK, no, I wanted to correct that.
Mr. Plummer: What does that amount to? We can't waive the surcharge, we can't
waive the insurance, what else can't we waive? How much are they talking
about? Ms. Range, they've got to come up with a number.
Mrs. Range: They've got to come up with a number?
Mayor Suarez: Do we have this resolved or not?
Mrs. Range: Wait just a minute. Do you have any idea what it's going to
cost, sir?
Unidentified Speaker: Oh, what it is going to cost? How much the Parka
Department is going to charge us?
Mrs. Range: It's in the neighborhood of $2,600.
Unidentified Speaker: Right, we're going to pay the insurance fee.
a Mr. Plummer: We're going to make it easy for you, OK? We are going to waive
fees to the amount of $2,500.
Mrs. Range: Very good, thank you very much.
Unidentified Speaker: Right, see, because all the policemen are probably
getting their time too, and have to pay that.
Mr. Plummer: Don't argue.
Mayor Suarez: Move the item, please, Madam.
Mr. Plummer: Ms. Range moves it, I second it.
Mrs. Range: Plummer seconds.
Mayor Suarez: Call the roll on that item.
Mr. Plummer: We waived $2,500 of the fees.
The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION NO. 89-740
A RESOLUTION AUTHORIZING THE WAIVER OF THOSE FEES
WHICH ARE SUBJECT TO WAIVER BY CITY CODE PROVISIONS,
IN AN AMOUNT NOT TO EXCEED $2500 IN SUPPORT OF THE
"SPLASH JAM" TO BE PRESENTED BY MIAMI COMMUNITY POLICE
BENEVOLENT ASSOCIATION, INC. AT VIRGINIA KEY EACH ON
AUGUST 27, 1989; SUCH WAIVER BEING SUBJECT TO SUCH
?i
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI ADMINISTRATION.
(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 votes }
253
•
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENTt None.
55. BRIEF COMMENTS CONCERNING SCHEDULING OF PLANNING AND ZONING ITEMS FOR
MEETING OF JULY 31, 1989.
------------- -----------------------------------------------------------------
Mayor Suarez: We have some concerns about some people on an item.
Unidentified Speaker: Mr. Mayor, 2:00 p.m., there are a lot of people who
work that are not going to be able to make it.
Mayor Suarez: Wait a minute, let me ask the questions. What item is it?
Unidentified Speaker: 15.
Mayor Suarez: PZ-15, we don't have to hear that at 2:00 p.m. We can hear
that at... we can schedule that at 5:00 or 6:00, whatever time...
Unidentified Speaker: 5:00 p.m. would be much better.
Mayor Suarez: OK, you understand that? That's actually favorable so that
people can be here who are working.
Mr. Olmedillo: 5:00 p.m.
Mayor Suarez: Please, whoever is scheduling this, I don't care if it is you,
Sergio, or if you are out of town, your assistant or if he is out of town, the
next assistant, or whoever is going to be here, please remind us that that
item...
Mrs. Range: Hear item 15 at 5:00 o'clock.
Mr. Rodriguez: What?
Mayor Suarez: Everybody is leaving here July 31st, I can see that.
Mr. Olmedillo: Time certain.
Mr. Rodriguez: We were counting on finishing today. What item are you
talking about?
Mayor Suarez: PZ-15 will not be heard before 5:00 p.m.
Mr. Rodriguez: That's the way it is scheduled now.
Mayor Suarez: PZ-13, PZ-14 and PZ-15, which were scheduled today for after
5:00 p.m. were they not?
Mr. Rodriguez: No.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Joanne, we will need you on the mike so that I can hear you.
OK, 13, 14 and 15 will all be scheduled after 5:00 p.m. on July 31st.
Mayor Suarez: PZ-2 is the next logical item, we have until 900 p.m. I know
there is also a request for PZ-10, which you say is controversial, there is a
lot of older people here for it. I don't know if we will get to it, but...
r
Mr. Plummer: Aurelio, will you please straighten this guy out?
254 July 27, 1989
Mayon Suarez: Look, everything is going to be July 319t.
Unidentified Speaker: After 5:00 o'clock?
Mayor Suarez: Put that one after 5s00 p.m. too, please, That is 25. OK, was
that scheduled after 5:00 p.m. today?
Mr. Rodriguez: Mr. Mayor, can we, before everybody leaves, to try to clarify
a little bit what we are doing, because I think people are confused, call item
by item and tell them at what time the item is going to be heard.
Mayor Suarez: OK, we intend to recess as to all items until Monday July 31st,
beginning at 2:00 p.m., when we hear all the items that were scheduled today
in the same order that they were scheduled today...
r
Mr. Rodriguez: Except...
Mayor Suarez: With exceptions of items...
Mr. Rodriguez: PZ-13 and PZ-14 that will be after 5:00 p.m.
Mayor Suarez: And 15.
Mr. Rodriguez: 15 is already scheduled at 5:00 p.m.
Mayor Suarez: OK. So we have 11 after 5:00 p.m.
Mrs. Range: If everything is going to go after 5:00, we are going to find
ourselves in the same position that we are tonight...
Mayor Suarez: What time was 11 scheduled for?
Mr. Rodriguez: it is scheduled for 2:00 p.m.
Mayor Suarez: We can do 11 after 5:00 p.m. also, OK? - 11, 13, 14, and 15.
Unidentified Speaker: Sir, 11 after 5:00 would be difficult Can we schedule
11 at 2:00 o'clock?
Mayor Suarez: Absolutely not, after 5:00 p.m., item 11. You are lucky we are
going to be able to get it in on July 31st if we are still alive. _
------------------------------------------------------------------------------
56. SECOND READING ORDINANCE: Amend zoning atlas at approximately 4220-40
N.W. 14th Street and 4253-55 N.W. 12th Street Drive - from RG-1/3 to CG-
1/7 (Applicant: Charles Traficant).
Mayor Suarez: OK, PZ-2.
Mr. Olmedillo: PZ-2 is a second reading for property located on Le Jeune Road
and 14th Street NW and this is a change from RG-1/3 to a CG-1/7, liberal
commercial, general commercial.
Mr. Plummer: Where is the covenant and where is the check?
Mr. Olmedillo: I'll let the applicant speak to it.
Mr. Plummer: Where's the covenant?
Mr. Olmedillo: The covenant was to contribute the check, the $5,000.
Mr. Plummer: Was that the only thing in the covenant?
Mr. Olmedillo: That was the only item in the covenant, yes, sir.
-s
Mr. Rodriguez: Its on the covenant, and she has voluntarily proffered.
255
Mr, Plummers All right, all right, I understood, you don't have totell me
twice.
Mr. Rodriguezi I thought you were hard of hearing.
Ms. Deborah Traficant: Can you hear me?
Mr. Plummer: I don't want to, but I do.
Ms. Traficant: Well, I'd like to know if I have your permission to write the
check out to the...
Mr. Rodriguez: Your name?
Me. Traficant: Excuse me, my Deborah Traficant.
Mr. Plummer: Yes, and don't try to reach you on the phone. I called you
four times to return your call.
Ms. Traficant: You did?
Mr. Rodriguez: Welll
Ms. Traficant: Thank you. May I continue, or do I...
Mr. Plummer: Four times, she is as bad as Sergio.
Ms. Traficant: I don't know, usually I get my messages, but maybe I didn't.
Mr. Plummer: How do you want to make out the check?
Ms. Traficant: I'd like to make it out to the City of Miami Day Care Centers.
Mr. Plummer: No. You make it out to the City of Miami.
Ms. Traficant: How can I be sure that this check goes to the charity of my
choice?
Mr. Plummer: You don't.
Mayor Suarez: Of your choice?
Mr. Plummer: Of your choice?
Ms. Traficant: Yes.
Mr. Plummer: Ho, ho, ho, you're funnyl He, hat
Ms. Traficant: Well, I understand I had a choice whether I...
Mr. Plummer: Ho, ho, ha, ha.
Mayor Suarez: The last person who tried to do that is no longer with us.
Ms. Traficant: I just thought I had a choice whether I put into the Parks and
Recreation or the Day Care Centers.
Mayor Suarez: Not in this Commission.
Mr. Plummer: Yes, you have a choice, you can spell City with a small capital
or.a little capital, you got your choice. I move item 2, Mr. Mayor. -
Mayor Suarez: OK, so moved.
Mr_ Hawkins: Second.
Mayor Suarees Yes, yes, yes, that's it, all you have to gay is yes:
Ms. Traficant: I just would like to have it go...
Mayor Suarez: Does anyone wish to be heard against item PZ-2? Let the record
reflect no one stepped forward. Read the ordinance, please. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF APPROXIMATELY 4220-40 NORTHWEST 14
STREET, MIAMI, FLORIDA, AND 4253-55 NORTHWEST 12
STREET DRIVE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM RG-1/3 GENERAL RESIDENTIAL ONE
AND TWO FAMILY TO CG-1/7 GENERAL COMMERCIAL BY MAKING
FINDINGS, AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 27 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 22, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10622.
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.
57. DISCUSSION CONCERNING FORTHCOMING CITY OF MIAMI'S 93RD BIRTHDAY.
Mr. Plummer: Mr. Mayor, I've been asked to read this and I'll beg your
indulgence. Please extend an invitation to the Commission and their staff to
join other City employees celebrating Miami's 93rd birthday aboard the M.V.
Tropicana nightclub dinner cruise, tomorrow the 28th. You get great party
buffet dinner, entertainment, dancing, and a portion of the proceeds go to the
City of Miami day care centers. It's $29.00. Preboarding reception has been
planned at 5:30, because I provided the booze. For the record, we thank Bijan
of Ft. Dallas Restaurant, the Port of Miami director, Mr. Lunetta, and
National Communications for the decorations. Everybody come and celebrate the
City of Miami 96th birthday. A paid commercial announcement!
Ms. Range: Beautiful.
257 July 27, 1909
58. FIRST READING ORDINANCE: Amend Ordinance 10544 (Miami Comprehensive
Neighborhood Plan 1989-2000) - Future Land Use Plan Map - change land
use designation from Multi -Family Medium Density Residential to General
Commercial (Applicant: Edward J. Gerritt, Inc.).
-----------------------------------------------------------------------------
Mayor Suarez: Items 3 and 4 are companion items? Does anyone wish to be
heard against the applications contained in PZ-3 or 4? Let the record reflect
that no one stepped forward. Go ahead Guillermo, quickly.
Mr. Olmedillo: Yes, this is an application to change the land use and the
zoning. The zoning goes from and RG-2/5, which is a multifamily...
Mr. Plummer: Now, come on, enough. I move item 3.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
Any discussion? If not, read the
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 146-170 N.W. 35TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
TO GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING
THE CITY CLERK TO TRANSMIT THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING
A REPEALER PROVISION, SEVERABILITY CLAUSE AND
EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
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.
59. FIRST READING ORDINANCE: Amend zoning atlas at approximately 146-170
N.W. 35th Street - from RG-2/5 to CG-1/7 (Applicant: Edward J. Gerritt,
Inc.).
Mr. Plummer: I move PZ-4.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not read the ordinance.
Call the roll.
Mr. Plummer: And thank Mr. Gerritt for their fine cooperation with this City.
It doesn't hurt Gene Marks at all.
258 July 27, 1989
i
AN ORDINANCE UNTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 146-170 NORTHWEST 35 STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/5 GENERAL RESIDENTIAL TO CG-1/7 GENERAL COMMERCIAL
BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following voter
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
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. FIRST READING ORDINANCE: Amend zoning atlas at approximately 955 S.W.
2nd Avenue - from RG-2.3/6 to RG-2.3/7 (Applicant: United Way of Dade
County, Inc.).
Mr. Olmedillo: PZ-5 is a...
Mr. Plummer: Move it. Are there any objectors to PZ-5?
Mayor Suarez: Anybody against the application of PZ-5? Let the record
reflect that no one stepped forward.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION (SECTOR
NUMBER ONLY) OF 955 SOUTHWEST 2 AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2.3/6
GENERAL RESIDENTIAL TO RG-2.3/7 GENERAL RESIDENTIAL BY
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF,
i
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
i
j
j
259 July 27, 1989
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: At this point, the City Commission determined
that Agenda item PZ-6 was being continued to July 31, 1989
meeting.
61. VACATE AND CLOSE S.W. NORTH RIVER DRIVE - Portion located east of I-95
right-of-way, west of west right-of-way line of S.W. 2nd Avenue and
south of south right-of-way line of S.W., 3rd Street (Applicant:
Alandco, Inc.).
------------------------------------------------------------------------------
_ Mayor Suarez: PZ-7 is the Alandco project. Is everybody familiar with it on
the Commission? Is there anyone that wishes to be heard against this item?
Let the record reflect that no one stepped forward. Vice Mayor De Yurre.
Mr. De Yurre: My only concern and it's been addressed already, had to do with
the fact that I want the improvements to 3rd Street to be made prior to any
work being done on the site, and as far as the closure of the ending of River
Drive.
Mr. Martin Fine: Mr. Mayor and members of the Commission in response to your
concern, there are three conditions that we've discussed and are glad to read
into the record. One is we would agree that SW 3rd Street improvements will
be available prior to the physical closure of SW North River Drive. We agree
to extend the riverwalk underneath I-95 to the westerly right-of-way line of
I-95, subject to the approval of the Florida DOT and the Department of Off -
Street Parking. We don't anticipate any problem there. We agree that all
riverwalk improvements will be installed within three years of the final plat
approval and we believe that meets with all of your staff's requirements.
Unidentified Speaker: We have also met with the City Attorney's office and
there are a few clarifications on the resolutions before you in terms of some
of the language, but it's a technical change and clarification.
Mr. Plummer: OK, let me understand now, just for the record, you are going to
do, as you showed me in a format the landscaping in riverwalk way from what I
know is the old FEC substation yards on the east, all the way around to... OK,
here, this will better identify it... for the record, it starts on the eat at
the old substation. Is that the east boundary of the substation?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: But does the walkway go to the east boundary?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, on the substation, Marty, across the street.
Mr. Fine: Yes, it does.
260 July 27, 1989
Mr. Plummer: It goes to the east boundary of the substation on the east side
of 2nd Avenue, continuing on ground, including the Off --Street Parking.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: But you will do that to the east boundary, is what I'm saying.
No, the east boundary, over here.
Mr. Fine: What we reviewed with you was right up to this point. we
would redo that. We will use our best efforts to try to do this, but in our
covenant we're saying
Mr. Plummer: Well, OK, hey, you know Florida Power and Light is not going
anywhere and neither am I, OK? The other provision that I had in there,
Marty, what was it? - that this had to be done...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: ... you had to be done within three years, whether you ever make
the improvements or not, or prior to the closing of the street.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: OK.
Mayor Suarez: Is that the item that you were here for, Mr. Taylor? You
approve?
Mr. Plummer: OK, just for the record...
Mayor Suarez: That's right, you are no longer with
Mr. Fine: That's why he approves, because he...
Mayor Suarez: I thought maybe it was an issue of some State road being closed
or something.
Mr. Plummer: So that I can stay consistent, OK, I want you to know that these
improvements are worthwhile to the City with full public access to that
riverwalk way of near $100,000, and because of that, I am not trying to
_! extract from these people a hard cash transaction which would have equated
itself to 25,000 square feet at $45 a square foot. In lieu of getting a cash
voluntary donation, we're taking the riverwalk way which I think is very
important to this community.
Mr. Dawkins: Call the question.
Mr. Joel Maxwell: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Maxwell: Point of clarification. You are now voting on, or will be
voting on, if you accept motion, to changes as proposed by Mr. Fine without
any changes, is that correct? I didn't hear any changes.
Mr. Fine: No, and the changes that Mr. McDowell reviewed with City Attorney.
Mr. Maxwell: That's another point, Mr. McDowell will have to read those
changes into the record.
Mr. Kay: The changes that this gentlemen actually requested are the changes
that had... are reflected in the resolution.
Unidentified Speaker: If I my, there is one clarification in item 2 under the
whereas clause is to read the applicants installation of improvements which
equal or exceed the City's improvements to SW North River Drive in area
encompassed by the street closure, which is of course, exactly what we had...
what you were talking about, Commissioner Plummer, in terms of the
improvements that are there and the other statements that we've made are
incorporated. The other voluntary proffers are incorporated in the language.
261 July 27, 1989
Mr. plummer: Excuse me, just for the record, Marty, I've got to be honest,
OK? f don't know that I agree with this, but reading into the record the
recommendation of the Police Department, PZ=7 was reviewed and it is the
Traffic Unit's recommendation to oppose the closure of SW North River Drive at
2nd Avenue. This portion provides direct vehicular access to North River
Drive from 2nd Avenue. This area is also routinely used as vehicle storage
during the numerous annual special events and parades hosted by the City of
Miami. Where I disagree with this is they have not taken into consideration
the new bridge which will extend way beyond this street that is in fact being
closed, so for that reason, I wanted to read it into the record in fairness,
but I disagree with it based on the fact that the new bridge will extend much
further out. Call the roll.
Ms. Hirai: Need the motion, Mr. Mayor.
Mayor Suarez: Yes, call the roll on the resolution.
Ms. Hirai: I need a motion.
Mr. De Yurre: Moved.
Mayor Suarez: You second it?
Mr. Plummer: Yes, of course. I thought I moved it, OK.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-741
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
SOUTHWEST NORTH RIVER DRIVE LOCATED EAST OF THE I-95
RIGHT-OF-WAY, WEST OF THE WEST RIGHT-OF-WAY LINE OF
SOUTHEAST SECOND AVENUE AND SOUTH OF THE SOUTH RIGHT-
OF-WAY LINE OF SOUTHWEST THIRD STREET; IN ACCORDANCE
WITH ALL PLAT AND STREET COMMITTEE RECOMMENDATIONS
CONCERNING THIS CLOSURE, SAID RECOMMENDATIONS AND
IMPLEMENTATIONS THEREOF BEING ESTABLISHED AS A
CONDITION FOR APPROVAL OF TENTATIVE PLAT NO. 1306-A
"ALANDCO SECTION 1."
(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 J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I'm voting yes, but I do it reluctantly.
262 July 27, 1989
c
62. (Continued Discussion) BRIEF COMMENTS CONCERNING PRIOR CONTINUANCE OF
AGENDA ITEM PZ-6 TO JULY 31, 1989 MEETING.
Mayor Suarez: Now on PZ-6, the reason I passed that up was that I knew that
you were representing it, and I thought that we had opponents which we did.
Ma'am, you agreed that it was OK for you to come back on Monday and I
appreciate that, because it was going to be a contested item.
Mr. Plummer: May I, for the record so that it doesn't get lost, the Police
Department does not oppose to the closing of 30th Avenue. For the record,
after reviewing PZ-6 of the Commission agenda, its the the Traffic Unit's
recommendation not to oppose the proposed closure of SW 30th Avenue south of
28th Lane. This portion is presently closed, not allowing traffic south of
30th Avenue through South Dixie Highway and I will give this to the attorney
representing the applicant so that he can bring it back with him on Monday.
------------------------------------------------------------------------------
63. UPHOLD APPEAL BY APPLICANT - Reverse Zoning Board's denial concerning
property located at 821-23 N.W. 22nd Court - for operation of a
Community Based Residential Facility (CBRF) (Applicant: Gran Logia de
Cuba).
------------------------------------------------------------------------
Mayor Suarez: I presume that on items 8 and 9 we would have to take up a
substantial amount of time and there would be some opposition, I gather.
Mr. Dawkins: It's 9:00 o'clock, I move we adjourn.
Mayor Suarez: And we are about to recess...
Mr. De Yurre: Now, on item 10, is there any opposition?
Mayor Suarez: ... until Monday.
Mr. De Yurre: Can we hear 10?
Mayor Suarez: Mr. Vice Mayor, did you want to suggest that PZ-10 is non-
controversial or is it?
Mr. De Yurre: I don't know, is there any opposition to item number 10?
Mayor Suarez: You had said that there was a lot of elderly here. I don't see
that many elderly. They look to me like they're...
Mr. De Yurre: If there is no opposition, I move item 20, Mr. Mayor.
Mayor Suarez: That figures. OK, last item then, we have a motion on PZ-10.
Mr. De Yurre: Yes, I move it.
Mayor Suarez: Do you want to second?
Mr. Dawkins: Second.
Mayor Suarez: Second. Let the record reflect there was no opposition to PZ-
10. Read the ordinance, let's go home.
Ms. Hirai: It's a resolution, Mr. Mayor.
Mayor Suarez: Call the roll then.
263 July 27, 1989
6
The following resolution was introduced by Commissioner De Yurre, who
::raved its adoption:
RESOLUTION NO. 89-742
A RESOLUTION REVERSING THE DECISION OF THE ZONING
$OARD AND GRANTING THE SPECIAL EXCEPTION AS LISTED IN
ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS,
PAGE 1 OF 6, PRINCIPAL USES AND STRUCTURES, TO ALLOW
THE CONVERSION OF THE EXISTING TWO-FAMILY RESIDENCE
FOR THE OPERATION OF A COMMUNITY -BASED RESIDENTIAL
FACILITY (CBRF) (GRAN LOGIA DE CUBA ACLF) FOR A
MAXIMUM OF SIX (6) RESIDENTS INCLUDING RESIDENT STAFF
FOR THE PROPERTY LOCATED AT 821-23 NORTHWEST 22 COURT
(MORE PARTICULARLY DESCRIBED HEREIN); AS PER PLANS ON
FILE; ZONED RG-1/3 GENERAL RESIDENTIAL (ONE- AND TWO-
FAMILY), SAID SPECIAL EXCEPTION HAVING A TIME
LIMITATION OF TWELVE MONTHS IN WHICH TO OBTAIN A
BUILDING PERMIT.
(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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner M. Athalie Range
ABSENT: None.
Mr. Plummer: Since there was a negative vote, let me explain my vote on the
record. This is a duplex zoning, which does in fact, allow five unrelated
families per house, five unrelated individuals per household. This in effect,
could have ten people, where they are only asking for six, so that is why I
voted favorably on that the application.
Ms. Range: If that's a fact, then I got the wrong information because I was
given the information that there could only be three persons in this.
Mr. Maxwell: Mr. Mayor...
Mr. Olmedillo: If I may, Mr. Mayor...
Mayor Suarez: Wait, wait, I'm hearing Mr. Mayor from all over the place, I
don't even know from where.
Mr. Olmedillo: If I may, what we spoke to Commissioner Range is that the
Planning Department has recommended...
Mayor Suarez: We're talking about PZ-10.
Mr. Olmedillo: PZ-10.
Mayor Suarez: Thank you.
Mr. Olmedillo: It's one person per bedroom. Since the bedrooms were small,
we recommended that and the Zoning Board went along with it.
Mr. Rodriguez: And the action that you took today was to uphold the appeal by
the applicant and the request from the applicant to receive this special
and the reverse the decision by the Zoning Board.
Mr. De Yurre: That's right.
Mayor Suarez: Did we finish the roll call on that, Madam City Clerk?
264 July 27, 1989
ii
i
7
■
Me. Hirai: Yes, sir.
Mayor Suares: OR, all other items are recessed, and let me announce this,
until Monday ai 2:00 p.m., because we previously said Monday 2:00. it is r
Possible that we will actually have a few spare moments and time to treat,
because we may not have that many items between 2:00 and 5:00 p.m., because we
put so many back until 5:00 p.m., so Commissioners, you might want to plan_
accordingly. We may not have to here those full three hours. .;
'h.
l9lit1iTP0ti, Z'HR CITT COMMISSION RECESSED THIS MEETING AT 9:04 P.M.
Atl'D CIM1'tI ft= SM 20 JM'f 31, 1989 AT 2:00 P.M.
Xavier L. Suarez
MAT0a
ATTMs
Natty Hirai
cm CLERIC
Walter J. loeaaa
ASSISTANT CITT CLERIC
w
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200_�
CITY OF MIAMI
DOCUMENT INDEX
WJETNO DATJ ULY 27, 1989
PAW 1 OF
i
Docu 1I m DEN I MAY"
RE `I' MAL CX= 9
ALLOCATE $5,000 IN SUPPORT OF PICNIC
j
CONDUCTED BY "ONE CHURCH ONE CHILD,
INC."
89-687
ESTABLISH PROPOSED MILLAGE RATE FOR
3
CITY OF MIAMI (FISCLA YEAR OCTOBER
1, 1989 - SEPTEMBER 30, 1990).
89-6:88
:i
EXECUTE PURCHASE OCNTRACT WITH MIAMI-
- k
DADE COMMUNITY COLLEGE -FOR ACQUISITION
OF 4.4 ACRES OF CITY -OWNED PROPERTY
=
FOR EXPANSION OF MEDICAL CENTER CAMPUS.
89-692
-
!}
INSTRUCT CITY ATTORNEY TO DRAFT CHARTER
AMENDMENT NO. 1 CONCERNING CITY
PROCUREMENT OF PUBLIC WORKS
IMPROVEMENTS, GOODS, SUPPLIES, COMO
_
DITIES. SET DOLLAR AMOUNT AT WHICH
SEALED BIDS REQUIREMENT BECOMES'
APPLICABLE.
89-693`
Y,
INSTRUCT CITY ATTORNEY TO DRAFT
CHARTER AMENDMENT NO. 3 CONCERNING
Yt r
=
INCREASE IN COMPENSATION TO CITY
`x
-°
-
COMMISSIONERS AS SEPARATE BALLOTx�
t
QUESTION ON NOVEMBER 7, 1989.
89«�69'6�
APPROVE PURCHASE OF 3 STREET SWEEPERS
FROM METRO TECH -EQUIPMENT CORPORATION-
FOR GSA DEPARTMENT.
8,9-7Q]
4 S
ACCEPT BID: AGILE SYSTEMS,INC. FOR
"�f H
'x
FURNISHING ELECTRONIC MAIL SYSTEM
r.
FOR COMPUTERS DEPARTMENT IN THE
F
COMMUNICATIONS DIVISION.
$9 702
ACCEPT BID: ASSOCIATES CONSTRUCTION
CORP. FOR DINNER KEY MARINA. BAYWALK
AND LADSCAPING.r
ALLOCATE $15, 166. TO. MIAMI BRIDGE,
INC. TO OPERATE RESIDENTIAL SHELTER
FOR RUNAWAY UNDOMICILED YOUTH.
b4
EXECUTE AGREEMENT: CHRISTIAN COMMUNITY�F�i.k
SERVICES, INC, ($70,000) FROM 19$9
EMERGENCY SHELTER GRANT. TO ESTABLISH
_
EMERGENCY SHELTER FOR HOMELESS
FAMILIES.^��
r
S
ay
--
—
i
ZZ
i r��Tr
.
DOCUMENT INDEX
EXECUTE AMENDMENT TO AGREEMENT WITH
W.R.T. INC. FOR STAGES I AND II
PROFESIONAL/TECHNICAL SERVICES ?:
RELATED TO SOUTHEAST OVERTOWN/
PARK WEST 9TH AND 7TH STREET MALLS.
APPROVE CITY'S GRANT REQUEST TO ROBERT
WOOD JOHNSON FOUNDATION -FOR 2-YEAR
PLANNING DEVELOPMENT PROJECT ($3.2
MILLION) TO REDUCE ALCOHOL/DRUG ABUSE.
APPROVE, IN PRINCIPLE, CONCEPT OF
INLAYING PLAQUES ON SIDEWALKS OF S.W.
8TH STREET.
GRANT $300,000 OPERATING CAPITAL LOAN
TO CAREY TECHNICAL INSTITUTE. FUNDS TO
COME FROM CDBG AND PROCESSED THROUGH
MIAMI CAPITAL DEVELOPMENT INC.
RATIFY ACCEPTANCE OF PROPOSALS: LUKE A.
ROSS, RALPH ROSS REAL ESTATE CO., INC.
AND RENALDO BLANCO, ANCLA REALTY, INC.
(APPRAISERS) TO APPRAISE FAIR MARKET
VALUE OF CERTAIN PROPERTIES LOCATED IN
RESUBDIVISION OF REVISED PLAT OF
EASTMORELAND SUB, AND BUENA VISTA
GARDENS (BOUNDED BY N.W. 58 STREET AND
56 STREET BETWEEN N.W. 6 PLACE AND
I-95).
AUTHORIZE EXECUTION OF AGREEMENT
WITH WOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY. IMPLEMENT CITY-
WIDE SIDEWALK TELEPHONE PROGRAM.
SOUTHERN BELL RIGHTS NONEXCLUSIVE.
EXECUTE AMENDMENT TO CONTRACT WITH
CONSULAB INC. TO PROVIDE CITYWIDE
DRUG SCREENING SERVICES. (TESTING).
ALLOCATE FUNDING FOR ESTABLISHMENT
YOUTH CRIME AND DRUG PREVENTION
SOCCER LEAGUE. NO SWORN OFFICERS TO
PARTICIPATE IN PROGRAM.
AUTHORIZE PURCHASE OF TWO MOBILE DRUG
PREVENTION EDUCATIONAL UNITS
($160,000) FROM LAW ENFORCEMENT
TRUST FUND.
ACCEPT COMPLETED WORK: 3W CORPORATION,
INC. FOR NORTH DISTRICT POLICE
SUBSTATION ($4,394,101).
2
NEWMAL CODE Mo.
89-706
89-707
89-708
'r
G
f
89-709 c
89-711 =
89-712
DOCUMENT INDEX
3
AUTHORIZE AGREEMENT WITH R.W. BECK
6 ASSOCIATES TO ASSIST SOLID WASTE
DEPARTMENT WITH DEVELOPMENT AND
IMPLEMENTATION OF PILOT RECYCLING
PROGRAM.
89-717
APPOINT INDIVIDUALS TO MIAMI SPORTS
EXHIBITION AUTHORITY (APPOINTED WERE
KEN ALBANO, MANUEL CARRENO, GENE MARKS,
GEORGE KNOX, STEVEN SUAREZ, WILLIAMS
BAYER, PEDRO PELAEZ, VICENT McGHEE,
FRANKIE ROLLE, J. SKIP SHEPARD AND
ELI FEINBERG).
89-718
APPOINT INDIVIDUALS TO COMMISSION ON
STATUS OF WOMEN (APPOINTED WERE:
LEONORE J. GORDON, ELIZABETH H.
KAYNOR, SUSANA SOSA, ROBERT A.
STEVENS, MARY TAYLOR, BERNARDETTE
MORRIS, PAMELA DOUGLAS, MARCIA
HOPE AND JOSIE PARK).
89-719 F
CONFIRM APPOINTMENT OF WILFREDO GORT
TO OFF STREET PARKING BOARD TO FILL
UNEXPIRED TERM OF LESLIE PANTIN SR.
89-720
AUTHORIZE MANAGER TO PARTICIPATE IN
METROPOLITAN DADE COUNTY AUCTION TO
BID ON PARCEL OF LAND WITHIN SOUTH
EAST OVERTOWN/PARK WEST REDEVELOPMENT
AREA. ALLOCATE FUNDS.
89-721
DIRECT CITY ATTORNEY TO SUSPEND LEGAL
PROCEEDINGS AGAINST DADE HELICOPTER
JET SERVICES ON WATSON.FORBID CITY
STAFF TO USE HELICOPTER SERVICES
WITHOUT MANAGER'S APPROVAL AND
ESTABLISH MONTHLY COMPENSATION
TO BE PAID BO THE CITY BY DADS
HELICOPTER FOR UNUSED HOURS OF
FLYING TIME.
89-723
APPROVE PROPOSED CHARTER AMENDMENT
NO. 1 RAISING THE AMOUNT AT WHICH
THE REQUIREMENT FOR OBTAINING
SEALED BIDS IN THE PROCUREMENT OF
j
CITY GOODS AND SERVICES BECOMES
APPLICABLE.PROVIDE FOR HOLDING OF
=
SPECIAL MUNICIPAL ELECTION.
89-724
1
-
■
■
■
i'
rt4
DOCUMENT INDEX
APPROVE PROPOSED CHARTER AMENDMENT
NO,3.PROVIDE THAT COMPENSATION
PRESENTLY PAID TO CITY COMMISSIONERS
BE ADJUSTED TO REFLECT CHANGES IN
THE CONSUMAR PRICE INDEX SINCE 1949
AND PROVIDE ANNUAL ADJUSTMENT MECHANISM
AND THE MAYOR TO BE PAID 10% HIGHER
SALARY THAN THAT PAID TO OTHER CITY
COMMISSIONERS. CALL AND PROVIDE FOR
SPECIAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 7, 1989
INSTRUCT CITY ATTORNEY TO DRAFT
PROPOSED CHARTER AMENDMENT NO. 2
TO PROVIDE FOR EXPANSION OF THE
COMMISSION DISTRICTS.ESTABLISH
DISTRICT BOUNDARIES. PROVIDE FOR
STAGGERED TERMS AND FOR DATES/MANNER
OF ELECTIONS FOR ALL COMMISSIONERS.
CHANGE REQUIREMENT FOR THE
EXTRAORDINARY VOTE.
APPROVE PROPOSE CHARTER AMENDMENT
NO. 2. RESTRUCTURE FORM OF
MUNICIPAL GOVERNMENT.
ALLOCATE $509000 FOR PURPOSES OF
EXPLAINING TO CITY VOTERS THE
ELEMENTS INVOLVED IN THE THREE
CHARTER AMENDMENTS TO BE VOTED
UPON AT THE NOVEMBER 7, 1989
SPECIAL MUNICIPAL ELECTION.
AUTHORIZE EXECUTIVE DIRECTOR OF
DOWNTOWN DEVELOPMENT AUTHORITY TO
ESTABLISH PROPOSED MILLAGE RATE
FOR THE YEAR OCTOBER 1, 1989 THRU
SEPTEMBER 30, 1990.
APPROVE ABATEMENT OF RENT BY TROPICAL
CLEAR BLUE LAUNDRY, FOR 90-DAYS
PERIOD UNTIL SHOPPING CENTER IS
ACTIVE.
APPROVE PURCHASE OF 130 RADIOS FROM
MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC.
GRANT REQUEST BY MIAMI COMMUNITY
POLICE BENEVOLENT ASSOCIATION FOR
USER FEE WAIVER. CONCERNING CHARITY
"SPLASH JAM" EVENT AT VIRGINIA
KEY. DESIGNATE PROCEEDS TO FUND
A SCHOLARSHIP.
4
pom. (W.......
89-727
t
7Y
89-728
89-729
89;.730
VACATE AND CLOSE S.W. NORTH RIVER
DRIVE. PORTION LOCATED EAST OF I+-95
RIGHT OF WAY WEST OF WEST RIGHT OF WAY
LINE OF S.W. 2ND AVENUE AND SOUTH OF
SOUTH RIGHT OF WAY LINE OF S.W. 3RD
STREET. (APPLICANT: ALANDICO,INC.).
UPHOLD APPEAL JY APPLICANT. REVERSE
ZONING BOARD'S DENIAL CONCERNING
PROPERTY LOCATED AT 821-23 N.W. 22ND
COURT. FOR OPERATION OF A COMMUNITY
BASED RESIDENTIAL FACILITY (CBRF)
(APPLICANT: GRAN LOGIA DE CUBA),
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89-741
89-742