HomeMy WebLinkAboutCC 1989-07-13 MinutesS..
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1.
1
DISCUSSION
PRESENTATIONS, PROCLAMATIONS AND
SPECIAL ITEMS
7113/89
2.
SUPPORT PRESIDENTIAL CONSTITUTIONAL
R 89=-595
i
AMENDMENT OPPOSING RECENT DECISION OF
7/13/89
THE U.S. SUPREME COURT AND EXPRESSLY
PROHIBITING THE DESECRATION OF THE FLAG
OF THE UNITED STATES OF AMERICA.
3.
URGE PRESIDENT BUSH TO NEGATE THE
R 89=596
4 .
WEAKENING EFFECT OF RECENT U.S. SUPREME
7/13/89
COURT CIVIL RIGHTS DECISIONS.
4.
(A) DIRECT ADMINISTRATION TO LIMIT THE
DISCUSSION
6
NUMBER OF CONSENT AGENDA ITEMS.
7/13/89
-
(B) DEFER DISCUSSION CONCERNING
PROPOSED NEW ADMINISTRATION
BUILDING.
5.
CONSENT AGENDA
7/13/89
7-11
5.1
ENDORSE AND RECOMMEND PASSAGE OF THE
R 89-597
12 -
EVERGLADES NATIONAL PARK EXPANSION BILL
7/13/89
BY THE U.S. CONGRESS.
5.2
DONATE 10 POLICE CONFISCATED BICYCLES
R 89-598
1$
TO THE BOYS CLUB OF MIAMI, INC.
7/13/89
5.3
ALLOCATE $26,000 FOR THE ESTABLISHMENT
R 89-599
12
OF A ROBBERY TASK FORCE.
7/13/89
-5.4
ALLOCATE $12,000 FOR SPONSORSHIP OF THE
R 89-600
12
YOUTH CRIMEWATCH OF AMERICA PROGRAM.
7/13/89
5.5
AUTHORIZE PURCHASE OF FIRE HOSE UNDER
R 89-601
13-
EXISTING DADE BOUNTY BID NO. 999-37-60
7/13/89
FROM HAROLD'S SALES AND SERVICE
COMPANY, INC. - for Fire Department.
5.6
ACCEPT BID: AMKUS, INC. - for
R 89-602
13
furnishing "Jaws of Life" components -
7/13/89
s
for Fire Department.
5.7
ACCEPT BIDS OF 11 SUPPLIERS - for
R 89-603
13 _
furnishing office supplies on a
7/13/89
contract basis. (Note: Suppliers are:
Barnett Office Supplies, DEI/CO.,
Decora Office Furniture, A & C
Stationers, Xerox Corp., X.I.P.S.
Corp., Joyce Office Products, Copiers
Depot, Barlop, Inc., K-Data Products,''
Savin of Florida.)
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ACCEPT BID: ASCOM SYSTEM, INC. - for
R 89-604
13�6�#
furnishing/installing a fire/smoke
7/43/09
�5'�
alarm system at the Tacolcy CentertT
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for GSA Department.
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the City.
5.21 AUTHORIZE NEGOTIATED AGREEMENT WITH R 89-617 17-18 f
ANDRES DUANY AND ELIZABETH PLATER- 7/13/89
ZYBERK, ARCHITECTS, INC. - for
professional planning/design services 4
to develop single family residential
project on St. Hugh Oaks site (Coconut
Grove CD Target Area).
5.22 AUTHORIZE AGREEMENT WITH EAST LITTLE R 89-618 18'
HAVANA CD CORPORATION - for development 7/13/89
of low and/or moderate income housing
in the East Little Havana`
Neighborhood - Allocate g $50,000 (from
CDBG funds)._
5.23 AUTHORIZE AGREEMENT WITH TACOLCY R 89-619 1$
w ECONOMIC DEVELOPMENT CORPORATION - for 7/13/89 }
development of low and/or moderate
income housing in the Model City
Neighborhood - Allocate $50,000 (from'
CDBG funds).
5.24 ESTABLISH SPECIAL R 89-620 18
CHARGES/TERMS/CONDITIONS FOR USE OF 7/13/89 x-
MARINE STADIUM BY WORLD CUP JET SKI, ri
INC. - for presentation of Busch World
$ Cup Jet Ski Championship - Execute use r "
agreement.
5,25 AUTHORIZE AGREEMENT WITH CELLAR DOOR R 89-621
CONCERTS INC. - for rebates to the 7/13/$9 ' X'3 Y
City of novelty concession revenue "�`}� }$
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derived from multiple concerts at ��
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5.26
AMBUSH SPECIAL
It 69-629
to
tKAIMSITERMAIMMITIONS FOR USE OF
1/13/60
HAR1NE STADIUM 8Y CELI AA DOOR CONCERTS,
INC. - for presentation of two
oohcerts - Execute agreement.
5�27
RATIFY MANAGER'S ACCEPTANCE OF GRANT
A 89-623
1
($62,000) FROM U.S. DEPARTMENT OF
1113/80
HEALTH AND HUMAN SERVICES (TITLE XX)
THROUGH METROPOLITAN DADE COUNTY - to
provide child day care services to low
income families - Execute agreements.
S128
RATIFY PAYMENT TO FINE, JACOBSON, NASH,
R 89-624
10-20
BLOCK AND ENGLAND - for legal services
7/13/89
concerning representation of City
Manager in an action filed by Andrew
Clute in State Court.
5.29
AUTHORIZE MANAGER TO MAKE OFFER AND
R 89-625
20
EXECUTE AGREEMENT WITH PROPERTY OWNERS
7/13/89
FOR ACQUISITION OF PARCEL NOS. 05-03
AND 05-07 WITHIN COCONUT GROVE CD
TARGET AREA - for development of
affordable housing for low/moderate
income families in connection with City
Sponsored Scattered Site Affordable
Housing Development Program.
5.30
AMEND R-89-548 WHICH CREATED THE
R 89-626
20
FLAGLER/CORE AREA SECURITY DISTRICT
7/13/89
SPECIAL IMPROVEMENT DISTRICT - correct
arithmetic errors affecting improvement
cost and assessment amount (See label
50).
5.31
AMEND R-89-547 (CITY'S RENTAL REVENUE
R 89-627
20-21
BONDS, SERIES 1988) - Execute agreement
7/13/89
with U.S. General Services
Administration and NCNB National Bank
of Florida concerning issuance of the
Bonds.
5.32
AUTHORIZE REPLACEMENT OF CERTAIN CITY
R 89-628
21
OF MIAMI, FLORIDA HOUSING BONDS - to
7/13/89
substitute lost bonds.
5.33
INSTRUCT CITY ATTORNEY TO DRAFT A
R 89-629
21
CHARTER AMENDMENT FOR REFERENDUM ON
7/13/89
NOVEMBER 7, 1989 - concerning
procurement of public works or
improvements -
goods/supplies/commodities - Permit
City Commission to set dollar amount at
which sealed bid requirements become
applicable.
4
5.34
ACCEPT COMPLETED WORK: F.C.E.
R 89-630
21 #
CONTRACTING, INC. - for Miami River
7/13/89
Walk -East - Authorize final payment.
5.35
ACCEPT COMPLETED WORK: CAMPANELLA
R 89-031;
�1
CONSTRUCTION CORP. - for N.W. let
7/13/89
Avenue Sanitary Sewer Replacement
'4`' Rom:
Project - Authorize final payment.
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S 3s Applt 8 ISSUANCE OF O1TT OF MIAMI, R 89-632
FLORIDA HEALTH FACILITIES AUTHORITY Off' 1113/89
HOSPITAL REVENUE REFUNDING BONDS (MERCY
HOSPITAL PROJECT), SERIES 1989A
($30,000,000) - to refund all or
portion of the Authority's Hospital
Revenue Refunding Bonds, Series 1985A.
S.37 RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY R 89-633
THE ASSOCIATION FOR THE DEVELOPMENT OF 1/13189
THE EXCEPTIONAL (a charitable
organization) - Authorize Finance
Director to reimburse the Association
$9,770.64.
5.38 SET SPECIAL USE FEE FOR USE OF BOBBY R 89-634
MADURO MIAMI BASEBALL STADIUM BY 7/13/89
FEDERACION DEPORTIVA NICARAGUENSE,
INC. - for 60 amateur baseball games
through 1989 - Execute use agreement.
5.39 ACCEPT PLAT: "TACOLCY GARDENS". R 89-635
7/13/89
5.40
6.
ACCEPT PLAT: "NORTON ESTATES". R 89-636
7/13/89
DIRECT CITY MANAGER TO PROCEED AS M 89-637
QUICKLY AS POSSIBLE WITH THE MELROSE 7/13/89
NURSERY SITE HOUSING PROJECT - Schedule
selection of architect for first
meeting in September.
7. ADOPT INTERIM REPORT BY OVERTOWN R 89-638 30-43
INDEPENDENT REVIEW PANEL - regarding 7/13/89
recommendations on police -community
{. relations - referred to Manager for
implementation - request Manager to
report back on issues which cannot be
j implemented due to legal constraints.
1
7.1 DISCUSS AND WITHDRAW CONSIDERATION OF DISCUSSION 44
PROPOSED EXECUTION OF EXTENSION OF 7/13/89
E` LEASE AGREEMENT WITH AMERIFIRST BANK.
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8. CLAIM SETTLEMENT: AMADA HENRIQUEZ R 89-639 44--46
($39,000). 7/13/89
9. FIRST READING ORDINANCE: Amend 10577 ORDINANCE 46-47
which established new special revenue First Reading
fund: "EMS First Aid Resource Training 7/13/89
(FY'89)" - Increase appropriated funds
} by $53,078 and change sources of
funding.
-' 10. FIRST READING ORDINANCE: Amend 10521 - ORDINANCE 47--48
Establish new Capital Improvement First Reading
Project: "Police Department 911 7/13/89
Emergency Backup Site" - Appropriate
funds.
EMERGENCY ORDINANCE: Amend Code EMERGENCY
Section 22-12, "Solid Waste Fees", and ORDINANCN �F
Section 22-28, "Waste and Right -of -Way 10600
Cleaning Fees" to reflect charges for
Dade County scales fees and City waste '
disposal fees - Provide for revisionw�,
and collection of fees.
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114
G CY MMANCM EetabI t6h an
ORD1liA CE
Iflttrib ptoptietAty and genetal
1fi6D1
torvites tee relating to finance and
tA9kAtion y Prescribe the fate.
-
13.
(A) DIRECT ADMINISTRATION To
DISCU01W
INVESTIGATE COMPLAINTS RECEIVED
7/13180
CONCERNING MALFUNCTIONING OF ELEVATORS
AT THE MIRACLE CENTER ON CORAL WAY.
(B) DISCUSS AND TEMPORARILY DEFER
REQUEST OF THE ADMINISTRATION TO REPORT
BACK TO THE COMMISSION REGARDING THE
CONTROVERSY SURROUNDING CONSTRUCTION AT
THE OLD STUDIO RESTAURANT SITE (soon to
be "Victor's Cafe") (See label 76).
14.
EMERGENCY ORDINANCE: Amend 10415 -
ORDINANCE
7n�73
Increase established
10602
resources/appropriations for the Lam
7/13/80
Enforcement Trust Fund.
15.
BRIEF COMMENTS CONCERNING PROPOSED
DISCUSSION
73-74
EMERGENCY ORDINANCE AMENDING 10484 TO
7/13/89
IMPLEMENT BUDGETARY ADJUSTMENTS (See
label 17B).
_
16.
(Continued Discussion) ALLOCATE $47,329
R 89-640
74-76
OF CDBG FUNDS (15th YEAR) (See label
7/13/89
5.19).
17. (A) DIRECT ADMINISTRATION TO BRING BACK
ORDINANCE 76-80
FULL REPORT BY FIRST MEETING IN
First Reading
SEPTEMBER REGARDING BLACK FIREFIGHTERS.
7/13/89
(B) (Continued Discussion) FIRST
READING ORDINANCE: Amend 10484 to
implement budgetary adjustments to
-
comply with generally accepted
accounting principles as outlined by
the City's external auditors (See label
15).
(C) REQUEST ADMINISTRATION TO
SCHEDULE DISCUSSION OF ON -GOING
PROBLEMS WITH FIRE DEPARTMENT FOR THE
NEXT PLANNING & ZONING MEETING.
18. FORWARD TO THE COUNTY A RESOLUTION OF
R 89-641 80-83
SUPPORT FOR A FURTHER STUDY BY THE
7/13/89
COUNTY FOR POSSIBLE DEVELOPMENT OF
REGIONAL IMPACT ON KEY
BISCAYNE/VIRGINIA KEY WITH THE
STIPULATION THAT THE CITY SHALL NOT BE
BOUND BY ANY RESULTS OF THE COUNTY AS
TO THOSE PROPERTIES WITHIN THE CITY'S
-
JURISDICTION.
'19. EMERGENCY ORDINANCE: Amend 10521 and
ORDINANCE 83-85
10484 - Reduce appropriation for
10603
Bayfront Park Redevelopment North End
7/13/89
.,
Amphitheater -Phase II - Authorize line
item transfer to the "Bayfront Park
Management Trust Light Tower".
r
20. APPOINT COMMISSIONER J.L. PLUMMER, JR.
R 89-642
TO SERVE AS THE CITY OF MIAMI'S
7/13/89
REPRESENTATIVE ON THE BAXFRONT PARK
t-'
MANAGEMENT TRUST.
APPOINT VICE MAYOR VICTOR DE YURRE TO
R 69-643
SERVE AS THE GITY OF MIAMI'S
4 t
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REFRESENTATIVE ON THE BEACON COUNCIL.
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26.
t# BAR' MOMT—
URGENCY ORDINANCRi AMhd Code gectiori
arid (4) - Rescind
requirement for posting, mailing and
courtesy notices (legal ads) when the
City initiates a Comprehensive Plan, or
Boning Ordinance encompassing the
entire City, or initiates a
Comprehensive Plan Amendment, Change of
Plan Designation, Zoning Ordinance
Amendment, or Change of Zoning
Classification which deals with more
than 5% of the total land area of the
City,
DIRECT CITY ATTORNEY TO PREPARE AN
ORDINANCE FOR THE JULY 27TH COMMISSION
MEETING ESTABLISHING AN OMNI
REDEVELOPMENT AREA TAX INCREMENT
FINANCE DISTRICT TRUST FUND - Authorize
Manager to transfer $1.6 million from
General Fund to said Tax Increment
Trust Fund.
REQUEST ADMINISTRATION TO REPORT BACK
ON $719,741 RECEIVED FROM URBAN MASS
TRANSIT ADMINISTRATION (UMTA) (See
label 26B).
(B) RESCIND PRIOR COMMISSION ACTION
EARMARKING $1.6 MILLION FOR
ACQUIRING/DEMOLISHING PROPERTIES FOR
CONSTRUCTION OF AFFORDABLE HOUSING -
(a) Allocate $375,000 for land
acquisition in Model City area; (b)
Allocate $375,000 for land acquisition
in Latin Quarter Specialty Center
district; and (c) Designate $250,000
for the planned progress economic
development proposal.
(A) BRIEF DISCUSSION CONCERNING A $1.6
MILLION TRANSFER FROM THE GENERAL FUND
TO THE OMNI DISTRICT TRUST FUND.
(B) (Continued Discussion) MANAGER
RESPONDS TO COMMISSION'S CONCERNS
REGARDING $719,741 CHECK PREVIOUSLY
RECEIVED FROM URBAN MASS TRANSIT
ADMINISTRATION (UMTA) WHICH IS BEING
APPROPRIATED FOR THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT
PROJECT (See label 25A).
tMANCE
7%13�g9
M 89-644
7/13/89
Y.
R 89-645
95-103
7/13/89
DISCUSSION
103
ION
7/13/89
27,
EMERGENCY ORDINANCE: Authorize Manager
to seek approval from the Dade County
Commission to use Redevelopment Trust
f.,.
Funds - Appropriate $490,793 from
Southeast Overtown/Park West
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Redevelopment Trust Fund to make
interest payment on a U.S. HUD Section
`�
108 Loan for Phase I Land Acquisition.
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26:.
AUTHORIZE MANAGER TO SM APPROVAL FROM
R 49-646
IM DADE COUNTY CONNtMtON TO USE
7/13/49
REDEVELOPMENT TRUST FUOS _ Approve
expenditure ($490,793) from the
Southeast Overtown/mark West
Redevelopment Trust Fund to make
interest payment on a U.S. HUD Section
108 Loan for Phase I Land Acquisition.
Z4.
SECOND READING ORDINANCE: Amend Code
ORDINANCE
10��1Of+
Sections 62-61 and 62-62 - Increase
10606
ironing and planning related fees -
7/13/80
provide for advertising surcharge -
increase fees concerning application
requests for review of Zoning Board,
-
Zoning administrator or Director of
Planning Department decision.
30.
SECOND READING ORDINANCE: Amend Code
ORDINANCE
106
Section 2-75 - Increase and redefine
10607
required fees to cover cost of
7/13/89
enforcing Zoning Ordinance and South
Florida Building Code.
31.
SECOND READING ORDINANCE: Amend 6145
ORDINANCE
101
(fees for building, plumbing,
10608
electrical, mechanical (including
7/13/89
boiler and elevator) inspection,
permits and certificates) - Add new
procedure for collection of
reinspection fees, increase permit fees
and correct scriveners' errors to
improve operation and cover cost for
enforcement of South Florida Building
Code.
32.
SECOND READING ORDINANCE: Amend Code
ORDINANCE
108
Section 2-422 (International Trade
10609
Board) - Add 5 alternate members
7/13/89
provide a method to dismiss board
members who fail to attend meetings.
33.
SECOND READING ORDINANCE: Amend
ORDINANCE
109
10521 - Establish project: "Solid Waste
10610
Expanded Facilities" - Appropriate
7/13/89
funds.
34.
SECOND READING ORDINANCE: Amend Code
ORDINANCE
110 -
Section 2-316 (concerning political
10611
lobbyists) - Change filing requirement
7/13/89
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a
from a quarterly to a yearly filing.
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35.
SECOND READING ORDINANCE: Amend
ORDINANCE
110-111
10484 - Increase appropriations for
10612
General Fund, Law Department, and
7/13/89
Miscellaneous Revenues from Department
�.
of Off -Street Parking funds to meet
increased operating costs due to City
Attorney's duties as General operating
-
costs due to City Attorney's duties as
General Counsel to Off -Street Parking
Department and Board.
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36,
SECOND READING ORDINANCES Amend
ORDINANCE
10521 - Establish new project: "Federal
10613
Law Enforcement Building"
7/13/89
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($30,000,000) - Appropriate funds.
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btadvU AND bm FtOyC511D s Ca
SAD#1 I tANC11 whith would end
16521 by ihcr6gaing appropriatibn for
istit�d project: ''Citywide Street
� proiist�s its-FY10%.
88 SECOND READING ORDINANCE: Athena
10521 Establish project: "Mismarina
Fisherman's Pier 5" ($1,531,200).
39. DISCUSSION CONCERNING PRESENT VACANCY
014 OFF-STREET PARKING AUTHORITY BOARD
-' (treated by Leslie Pantin's untimely
death).
(A) DISCUSSION CONCERNING PROPOSED TRIP
TO GUATEMALA BY COMISION PERMANENTE DE
LAS SERIES DE BASEBALL INFANTIL Y
JUVENIL DEL CARIBE Y PAISES HERMANOS -
to play in XII Series of Baseball of
the Caribbean (See label 40C).
(B) EMERGENCY ORDINANCE: Establish a
new trust/agency fund: "City Commission
Community Projects Account"
Appropriate funds ($200,000) from
contribution from Miami Center I
project.
(C) CONFIRM COMMITMENT OF FINANCIAL
SUPPORT TO COMISION PERMANENTE DE LAS
SERIES DE BASEBALL INFANTIL Y JUVENIL
DEL CARIBE Y PAISES HERMANOS - from
community projects account - Budget
additional $12,000 in FY 189-90
appropriations ordinance in support of
such program (See label 40A).
�< 41.
EMERGENCY ORDINANCE: Amend Code Chapter
53.5 ("Stormwater") - Clarify
definition of non-residential
properties, set minimum charge,
authorize Department of Public Works to
revise rates as necessary, add interest
'
accrued as a revenue source, add
expansion of existing storm drainage
system and fund support for Miami River
Coordinating Committee, convert from
Single Family Equivalent Units to
Equivalent Residential Units throughout
Chapter.
r 42,
FIRST READING ORDINANCE: Amend 10521 -
Increase appropriation for N.W. 36th
Street Sanitary Sewer Improvement
($183,000).
43,
ALLOCATE $2,000 IN SUPPORT OF NATIONAL
COUNCIL OF NEGRO WOMEN, GREATER MIAMT
CHAPTER, INC. - Pay said amount to Dade
ten�r;
County Tax Collector to satisfy
4'
'existing tax lien on real property
owned by said organization.
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4
ORDINANCE
lit
10614
7J13/89
DISCUSSION
lit-itl
7J13/89
ORDINANCE
11�131
10615
R 89-647
7/13/80
ORDINANCE
131•-133:�
10616.
7/13/89
=
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ORDINANCE
133
First Reading
7/i3/89
R 89-648
134-136
7/13/89
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01t' R CB: Mond ORMARM
Lida Chspter 4 (Alnoholit pirbt #+eadi.fig
6e*erages) Add definitift L6f a M S§_64§
ketail Specialty Center i/ll/ao
Utablish hours of operation i
Provide exception from distance
separation requirements - Limit
number of establishments and
restrict signs for and in Retail
Specialty Centers.
(9) DEFER CONSIDERATION OF A PORTION
OP` PROPOSED FIRST READING
ORDINANCE (ALCOHOLIC BEVERAGES)
Request City Attorney to draft a
separate instrument specifically
amending Code Section 4-10 to
provide exception to distance
separation requirements in
residential/commercial districts
citywide.
45. REQUEST MANAGER TO REPORT BACK ON DISCUSSION
PROPOSED CREATION OF A NUISANCE 7/13/89
ABATEMENT BOARD - patterned after one
presently in use in Miami Beach.
46,
FIRST READING ORDINANCE: Amend 10521 -
ORDINANCE
152-153
Increase total appropriations for
First Reading
"Southeast Overtown/Park West
7/13/89
Redevelopment - Phase I" with funds
received from Urban Mass Transit
Administration (UMTA).
DISCUSS AND DEFER TO COMMISSION MEETING
M 89-650
153-155 ,
ON JULY 27TH PROPOSED FIRST READING
7/13/89
ORDINANCE AMENDING THE CABLE TELEVISION
LICENSE ORDINANCE - concerning minimum
number of days before such notice to
disconnect service is given to
subscriber.
FIRST READING ORDINANCE: Amend Code
ORDINANCE
156-162
Section 22-2 ("Garbage and Trash") -
First Reading
provide regulations for the bundling,
7/13/89
preparation, placement and collection
of newspapers and salvageable
materials - Establish independent
educational fund for 10 scholarships
yearly for children of City Solid Waste
and General Services Administration
Department employees.
(A) DISCUSSION CONCERNING COMPLAINTS
DISCUSSION
162-107
RECEIVED REGARDING OVERFLOWING OF
7/13/89
COMMERCIAL GARBAGE BINS.
(B) DISCUSSION CONCERNING PRESENT
ASSISTANT DIRECTOR VACANCY IN
1'
SOLID WASTE DEPARTMENT. t
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50.
SET PUBLIC HEARING FOR SEPTEMBER 14TH, R 89-651 lb 1b8
19$9 TO TAKE TESTIMONY REGARDING THE 7/13/89 - r
FLAGLER/CORE AREA SECURITY DISTRICT '
�
IMPROVEMENT DISTRICT SPECTRAL
y$TA8I,ISHED FOR ONE-YEAR PERIOD.
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CITY CC t Sg aN tMPANEtt ITSELF TO
M
89-659 1B
DISCUSS ISSUES CONCERNING THE
R
89L03
WYNWOOD SAFE NEIGHBORHOOD
R
89=654
'
IMPROVEMENT
R
S9Yfi35
(WYNWOODSNID).
7/13/89
($)
APPOINT MAYOR XAVIER SUAREZ AS
CHAIRMAN OF THE WYNWOOD SAFE
NEIGHBORHOOD IMPROVEMENT DISTRICT
4
(WYNWOODSNID) BOARD OF DIRECTORS.
'
(C)
IMPANELLED AS BOARD OF DIRECTORS
OF WYNWOODSNID, CITY COMMISSION
CONFIRMS ACCEPTANCE OF A STATE OF
FLORIDA SAFE NEIGHBORHOOD PROGRAM
GRANT ($250,000) - Confirm action
of Mayor Suarez in executing
agreement with Florida Department
'
of Community Affairs for
preparation of a plan for said
district.
f
(D)
IMPANELLED AS BOARD OF DIRECTORS
OF WYNWOODSNID, CITY COMMISSION
ADOPTS BY-LAWS FOR OPERATION OF
WYNWOODSNID AND APPOINTS
INDIVIDUALS TO SERVE AS MEMBERS OF
ADVIRSORY COUNCIL (Appointed were:
Pat Gerrits, Fred Santiago, Luis
Turner, Dorothy Quintana, leaving
one appointment yet to be made.)
}
52.
REFER TO MANAGER FUNDING REQUEST
DISCUSSION 175-182
RECEIVED FROM REPRESENTATIVES OF
7/13/89
INTERAMERICAN CO -PRODUCTIVE CONFERENCE
AND MARKET OF FILM (NORA SWAN) - City
Manager to recommend.
53.
DISCUSS AND DEFER CONSIDERATION OF ON-
DISCUSSION 183189
GOING NEGOTIATIONS FOR PROPOSED
7/13/89
LEASE/PURCHASE OF 4400 BISCAYNE
BOULEVARD BUILDING (new Administration
building).
9
54.
AUTHORIZE INCREASE IN CONTRACT WITH M.
R 89-656 189-190
r
VILA AND ASSOCIATES, INC. - for
7/13/89 _
construction of Southeast Overtown/Park
West Paving Project -Phase I - Ratify
Manager's finding that increase
resulted from emergency circumstances.
55.
AUTHORIZE INCREASE IN CONTRACT WITH
R 89-657 190-191
DANVILLE-FINDORFF, INC. - for
7/13/89
construction of Bayfront Park
t'
Redevelopment Phase III - Ratify
Manager's finding that increase
.;,
resulted from emergency circumstances.
56.
AUTHORIZE ISSUANCE OF R.F.P. FOR
R 89-658 192-195
UNIFIED DEVELOPMENT OF A MIXED -USE
7/13/89
COMMERCIAL PROJECT on City -owned
property located within the Civic
,
Center area at 1145 N.W. llth Street
("Municipal Justice Building") - Select
certified public accounting firm -
��'
Appoint review committee.
pISCUSS AND TEMPORARILY TABLE
DISCUSSION 19�197 =
�Y
57.
CONSIDERATION OF PROPOSED RESOLUTION
7/13/89 P
RATIFYING MANAGER'S FINDING OF
EMERGENCY REGARDING PROCUREMENT OF
r
SECURITY SERVICES FROM MINORITY?
x
�p
INVESTIGATIONS AND SECURITY TEAMS, INC.
i` ,
C YMCA (See label 60).
AT CARVER BRANCH
'3
4y�
) `r2'''?T
�
t'
p � y �''1y t'i'k2�tz�1°'L��r'FiPevc�j4yn
till ommm Agoomw Abu for A 60-65o
t61ft§trUbtLbft of kfiltitVft 96tth §AhttArY 7/1310
Salter tffiptoveffient in fFA1tlAWft North
Sanitary Sewer traptovemetit District
(91t-5401-C - centerline
Remove pending liens.
59. CONFIRM ASSESSMENT ROLL - for A 80-660
construction of West 51th Avenue 1/11/80
Sanitary Sewer Improvement in West 57th
Avenue Sanitary Sewer Improvement
District (SR-5460-C - centerline
sewers).
60, (Continued Discussion) RATIFY MANAGER'S R 89-661
FINDING OF EMERGENCY REGARDING 7/13/89
PROCUREMENT OF SECURITY SERVICES FROM
MINORITY INVESTIGATIONS AND SECURITY
TEAMS, INC. AT CARVER BRANCH YMCA (See
label 57).
61. CONFIRM ASSESSMENT ROLL for R 89-662
construction of West 57th Avenue 7/13/89
Sanitary Sewer Improvement in West 57th
Avenue Sanitary Sewer Improvement
District (SR-5469-S - sideline sewers).
62. ALLOCATE $200,000 TO "LITTLE HAITI R 89-663 206-210
PLAZA CORPORATION" - to assist in the 7/13/89
development of the "Little Haiti Plaza
shopping Center".
63. APPROVE IN PRINCIPLE APPLICATION OF R 89-664 211
DEVELOPER "LITTLE HAITI PLAZA 7/13/89
CORPORATION" - for construction of a
"Little Haiti Shopping Center" - Direct
Manager to apply for an Urban
Development Action Grant from U.S.
Department of Housing and Urban
Development.
64. SUBMIT AMENDMENT TO THE APPROVED 15TH R 89-665 212-213
YEAR C. D. B. G. PROGRAM FINAL STATEMENT 7/13/89
TO U.S. HUD - to reflect allocation of
$1,500,000 for a Community Development
"Float Grant" loan (1989-90 program
year). (Once approved, Administration
is directed to bring before the
Commission all agreements required to
provide loan to Little Haiti Plaza
Corporation for construction of "Little
Haiti Plaza Shopping Center".
fi
65. EMERGENCY ORDINANCE: Amend 10521 - ORDINANCE 213 -214
Establish new project: "Tacolcy Park - 10617
Roof Replacement Project" ($95,000). 7/13/89
66. RATIFY MANAGER'S FINDING OF EMERGENCY R 89-666 215
`01
REGARDING "TACOLCY PARK ROOF 7/13/89
REPLACEMENT PROJECT" Waive
requirements for sealed bids Confirm
hiring of Gee and Jensen,
consulting engineers, to provide
professional services.
Im
L
Mtn
ot
i MCUSS AND CMTtM CO'SIDFSRATtON OF DISC969t4ft its
t'1iGf OSEfi� RESOLt1 'tON RAI`t"tNG MANAGEA' S 7 / 13 /0
f'tNDtNG OF SOLE SOURCE for fmtehase
rf 130 additional radios for use of the
600 MHtt trunked communication system
from Motorola Commufficatioth and
Slectronics, Inc.
CODESIGNATE N.E. 4TH AVENUE FROM N.E. R 69-667 17
30TH STREET TO N.E. 31ST STREET AS "THE 7/3/89
VILLAGE WAY".
69. AUTHORIZE EXPENDITURE OF $29,000 BY R 89-668 lie
` EXECUTIVE DIRECTOR OF BAYFRONT 1/13/80
MANAGEMENT PARK TRUST - for purchase of
listed items.
70. (A) GRANT REQUEST BY ASSOCIACION M 84-669 21i�2 a
COMUNAL DOMINICANA, INC. FOR USER M 89-670 `F
FEE WAIVER - concerning "Third 7/15/80
Merengue Festival Miami" at
Comstock Park.
(B) DIRECT MANAGER TO NEGOTIATE WITH
ASSOCIACION COMUNAL DOMINICANA, -
INC. - to reduce cost of in -kind
services regarding "Third Merengue
Festival Miami".
71. GRANT REQUEST BY DIABETES RESEARCH M 89-671 225-226
INSTITUTE FOR WAIVER OF MIAMARINA 7/13/89
DOCKAGE FEES - concerning "Third Annual
Catch a Cure Fishing Tournament".
�`' 72. GRANT REQUEST BY ANNUAL COLOMBIAN R 89-672 226-227 `
FESTIVAL OF MIAMI "20TH OF JULY" FOR 7/13/89
PEDDLER RESTRICTION ORDER - concerning
fifth Annual Colombian Festival - at
Bagfront Park (See label 78).
73. GRANT REQUEST BY GREATER MIAMI R 89-673 227
CONVENTION AND VISITORS BUREAU FOR 7/13/89
STREET CLOSURES - concerning Shriners'
Convention parades.
74. GRANT REQUEST BY RENAISSANCE HISTORICAL R 89-674 226
SOCIETY OF FLORIDA, INC. FOR STREET 7/13/89 -
CLOSURES - concerning Bastille Day
- bicentennial parades.
t4 75. ALLOCATE $105,000 IN SUPPORT OF EAST R 89-675 228-230
LITTLE HAVANA COMMUNITY DEVELOPMENT 7/13/89
' CORPORATION'S LOW INCOME TOWNHOUSE
PROJECT (720 and 728 S.W. 2nd Street,
¢r and 996 S.W. 6th Street).
76. (Continued Discussion) AUTHORIZE R 89-676 230-231 ;
MANAGER TO FILE APPEAL ON ZONING 7/13/89
Elf BOARD'S DECISION GRANTING SPECIAL
EXCEPTION FOR PARKING - to be located
.r at 3224 S.W. 23rd Street and 3221 S.W.
23rd Terrace - concerning Victor Cafe „>
���,?w (formerly "The Studio) (See label 13- 2
R,
In
1% rfi t,
- -�-r�s^,�-��r. ,✓ +ems K1�...� � _ _ : -.. .. _ .. -.: ,r .. _.,..,. _ ..o'.. .F.. _w . :. �%-�%. x'_ ��.`br��..3 .a _�:x'�.,._.
1i
(A) DEFER CONSI RATION OF FROFOM
H 894I (t3 '
ttTY CHARTER AMENDMENT FOR A STRONG
M 80-618
HAVOR FORM OF GOVERNMENT TO AN ELECTION
M 89-6g
bTHI!k THAN NOVEMBER 1, 1989 (See label
H 89-680
3
8I) .
li 89-681
(R) INSTRUCT CITY ATTORNEY TO DRAFT
N 89=682
AMENDMENT TO CITY CHARTER CONCERNING
1113/80
RESTRUCTURING OF CITY GOVERNMENT:
increase Commissioners from 5 to 9,
some to be elected from single -member
districts (See label 81).
V
(C) Clearly delineate district
boundaries for the benefit of voters
(See label 81).
(D) Provide for formation of
boundaries committee to consider and
recommend new boundaries following each
federal decennial census (See label
(E) If amendments are approved,
implementation to be November 1991
All 9 members to run for office at the
same time - City Commission will
designate which seats are to run for
two or four years (for staggering of
terms) (See label 81.)
(F) Commissioners' salaries to be
i
-_
$37,000 per year, the Mayor's to be 10%
higher - Institute automatic yearly
salary adjustment mechanism (See label
81).
78.
GRANT REQUEST BY REPRESENTATIVES OF THE
R 89-683 281-283
ANNUAL COLOMBIAN FESTIVAL OF MIAMI
7/13/89
"20TH OF JULY" FOR USER FEE WAIVER -
;
concerning Fifth Annual Colombian
Festival at Bayfront Park (See label
72).
i
79.
DIRECT MANAGER TO IDENTIFY FUNDING
M 89-684 283-287`
SOURCE AND TO ALLOCATE $25,000 TO "CURE
7/13/89
AIDS NOW".
f
80.
URGE METROPOLITAN DADE COUNTY TO
R 89-685 287-289
ESTABLISH POLICY TO PROVIDE POLICE
7/13/89
A.
PROTECTION AT ALL METRORAIL STATIONS.
'-`
81.
(Continued Discussion) INSTRUCT CITY
R 89-686 289-290'
ATTORNEY TO DRAFT CITY CHARTER
7/13/89 - -
$;
AMENDMENT RESTRUCTURING THE CITY
.,,
COMMISSION - Increase number of
21
Commissioners from 5 to 9, some to be
elected from single -member districts -
-
_-'
Set forth boundaries of 5 single -member
districts Provide for future
m
realignment of boundaries - establish
-$
,�.
Commissioners' Salaries, plus automatic
adjusting mechanism - Establish method
of implementation (See label 77A-F).
y}
r
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r { a '35.3 i at t
447
r -
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44
k t i l[
65
i
s, 4 a sg 4 3'yt r r
WON mi
i f, ixC gI fiD,
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th 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 9:16 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
Matty 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. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS
1. Proclamation to Peruvian Consul saluting Peru's celebration of the 168th
anniversary of their independence.
2. Key to the City of Miami presented to departing French Consul, Hon.
Thierry Reynard, upon his reassignment and promotion within the French
government.
------------------------------------------------------------------------------
2. SUPPORT PRESIDENTIAL CONSTITUTIONAL AMENDMENT OPPOSING RECENT DECISION
OF THE U.S. SUPREME COURT AND EXPRESSLY PROHIBITING THE DESECRATION OF
THE FLAG OF THE UNITED STATES OF AMERICA.
-------------------------------------------------------------------------------
Mayor Suarez: Items CA-1 through CA-49 constitute the consent• agenda. If
there's anyone that wishes to be heard and Mr. Manager, if you would announce
the ones withdrawn, I have it as CA-3, CA-5...
Mr. Odio: No, CA-5, 6, 8, 9, and 10.
Mayor Suarez: OK.
INAM113IS COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. 0dio2 OK, gait a minute because I have two different memos heft.
Mayor Suarezi CA-3, CA-5 1 show as withdrawn.
Mr. Plummer: Three?
Mayor Suarez: Right.
Mr. Plummer: Five.
Mayor Suarez: Five. Twenty-three...
Mr. Odio: Yes.
Mayor Suarez: ... thirty-one and 42.
Mr. Odio: And 46 and 59.
Mayor Suarez: Well 59 is outside of the consent agenda, I take it.
is the last consent agenda item withdrawn.
Mr. Odio: Right.
Porty=six
Mayor Suarez: If anyone wishes to be heard on any of those items, including
the ones withdrawn...
Mr. Dawkins: Who did the item on the flag, Mr. Mayor? There's somebody...
Mayor Suarez: On the flag?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: On fifty-nine, it's...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: The consent is 3, 5, 23, and 31 and 42.
Mr. Dawkins: What item is the one dealing with the resolution about the flag?
Mr. Odio: Oh, the flag.
Mr. Jorge Fernandez: That's 49, Commissioner Dawkins...
Mr. Odio: Forty-nine.
Mr. Fernandez: which is being modified.
Mr. Dawkins: Is it the consent agenda or the regular agenda?
Mr. Fernandez: Consent agenda.
Mayor Suarez: Why don't we pull that, why don't we pull that?
1
Mr. Jorge Fernandez: The fact that resolution "A" would be urging and
encouraging President Bush and the constitutional amendment in relation to
desecrating the flag and then the other resolution, resolution "B" would be
encouraging the President of the United States, or rather strongly urging hits
to use all the powers at his command to negate the effect of recent United
States Supreme Court civil rights decisions that have weakened, if not
destroyed, the results of years of struggle by millions of citizens to obtain
justice and equality in the face of institutionalized bias, racism and
bigotry. Further, directing the City Clerk to transmit a copy of this
resolution to the herein, designated officials.
Mayor Suarez: Should we take up those two separately, Mr. City Attorney?
Mr. Fernandez: Yes, you should.
Mayor Suarez: OK, I'll entertain a motion on the first of the two as
paraphrased by the City Attorney.
Mr. Plummer: Well, Mr. Mayor...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: You know, I personally can't feel any stronger about an issue
than I do in this particular case and as far as I'm concerned, Mr. City
Attorney, the strongest language which you can put in to tell those people
sitting in that Supreme Court that we don't agree and we disagree and we
disagree very, very loudly, what the wording that I would want to see and =
whenever it's in order, Mr. Mayor, I would move that such a resolution be
forwarded to the appropriate parties expressing this Commission's total, total
disrespect that they are showing in our estimation.
Mayor Suarez: Well, wouldn't it make more sense to have the resolution read
as paraphrased by the City Attorney that we are supporting a constitutional
amendment and not that we're disagreeing with the Supreme Court decision which
was based on the existing constitutional wording.
Mr. Fernandez: That's the way that the resolution reads.
Mayor Suarez: OK, I would vote for the resolution as phrased but to get into
the issue of whether they correctly or incorrectly interpret the Constitution
as was before them, I think it's an unnecessary...
Mr. Plummer: Mr. Mayor, I'm no fool. I'll go with what will pass, with or
without your vote. But let me tell you, let me speak as an individual. I
think they're damn fools. Now, this country, I don't know where they come
about in the representation that the flag of this country is not what was
placed on the moon is the first symbol, Iwo Jima and everything else that's
holy in this country. And anybody that can take and desecrate that flag, in
my estimation, is, in fact, desecrating what this country stands for. So, I'm
going to tell you that, fine, the Constitutional Amendment is the proper
procedure to go. But in my humble estimation, those people are wrong, very
wrong.
Mr. Odio: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Odio: I need to clarify the ones that are withdrawn because I had two
memos here and...
Mayor Suarez: Well, why don't we take care of this one particular item...
Mr. Odio: OK.
Mayor Suarez: and then we'll go back to that, Mr. Manager. OK, do we
have...
Mr. Plummer: Mr. Mayor...
Mayor Suarez: Commissioner Plummer.
3ly 13,Q?
e
Vt. Pluftat3 i i it move 99A it jproffat*d by the City Attort *l,
Mayor tuarat: yortyahihe A. moved.
Mr. yeroandet: Potty -hike. We 49.
Mr. Plummert forty=hike A, I stand corrotted.
Mayor Suarez: Do we have a second?
Mr. be Yurre: Second.
Mayor Suarez: Seconded. Any diecuaaionT If not, call the roll.
The following resolution was introduced by Commissioner
moved its adoption:
RESOLUTION NO. 89-595
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
URGING AND SUPPORTING A CONSTITUTIONAL AMENDMENT, AS
PROPOSED BY PRESIDENT GEORGE BUSH, THAT WOULD NEGATE
THE EFFECT OF THE RECENT DECISION OF THE UNITED STATES
SUPREME COURT AND WHICH WILL EXPRESSLY PROHIBIT THE
DESECRATION OF THE FLAG OF THE UNITED STATES OF
AMERICA; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION OF THE HEREIN DESIGNATED
OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
{` and adopted by the following vote:
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.
3. URGE PRESIDENT BUSH TO NEGATE THE WEAKENING EFFECT OF RECENT U.S.
f SUPREME COURT CIVIL RIGHTS DECISIONS.
---------------------------------------------------------------------
Mayor Suarez: Forty-nine B, Commissioner Dawkins.
Mr. Dawkins: Now, Mr. Mayor, I was dissatisfied with the language that was in
the resolution and I don't intend not to let them on though I think they're a -
j" bunch of jerks. Now, that's my personal opinion. Now, and as it says here
k ,..we fought hard to obtain civil rights and now you have a Reagan elected
court which prime purpose is to negate everything that was won over the years
s -
for minorities such as women, babies and all. And, it's just unthinkable that
the President of the United States of America is so concerned and which I
ti share with him, of burning a symbolism of the United States of America which
is the flag and nobody cares no more about it than I do. I fought in two
wars. The Second World War to protect it and the land and in the Korean 'J
conflict to protect - no, I didn't fight in the First World War. But yet, ao'
I think that anybody who wants to burn the flag is unamerican but by the same
token, the President should feel that anybody who wants to negate my civilJ.
'- But the President does not feel like that and
rights won by pie is unamerican. ,
- would hope that the resolution that we have here now will tell the President 7,
United States, don't fight to change the Constitution of the United St*tee
µ, erica to stop burning the flag unless you're going to fight to stop the ;,sXx�-
y7�_
t�it�d St�►tea Supretoe Caurt �i%w6 gAti�,g the t�i�.
that+a whiff l offered the a%eftdt*fit.
_ :. ��yor Suareir � g� �►oved
Mayor Suarezt Seconded: Any 616cuatibb front the C01ft1a016hf
Ms. Mange: Mr. Mayor.
Mayor Suarazs Commissioner Range.
Me. Range: I have a further amendment that.,.
Mr. Dawkinst Is your mike on, Mrs.....? Hold it,
back to her, pull it closer to her, Mr. Mayor.
THEREUPON, COMMISSIONER RANGE READ THE RESOLUTION
TITLE ONLY.
'.' Ms. Ranges I feel that this might be just a little
Mr. Dawkinst Second.
Mayor Suarez: Accept the amendment, movant and second? Any further
discussion? If not, call the roll on the amended motion.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-596
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
} URGING THE PRESIDENT OF THE UNITED STATES TO USE ALL
OF THE POWERS AT HIS COMMAND TO NEGATE THE EFFECT OF
RECENT UNITED STATES SUPREME COURT CIVIL RIGHTS F
DECISIONS THAT HAVE WEAKENED, IF NOT DESTROYED, THE - :3
RESULT OF YEARS OF STRUGGLE BY MILLIONS OF CITIZENS TO t
OBTAIN JUSTICE AND EQUALITY IN THE FACE OF
INSTITUTIONALIZED BIAS, RACISM AND BIGOTRY; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS.'
(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
a;
and adopted by the following vote:
AYES 3 Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
,Y;.. Mayor Xavier L. Suarez
NOES: None.
i ABSENT: None.
+,'' $P
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..:. _ .--------------------- .._---�-_._.----_------_�_.�
4(A) DIRECT ADMINISTRATION TO LIMIT THE NUMBER OF CONSENT AGENDA ITEMS.
M DETER DISCUSSION CONCERNING PROPOSED NEW ADMINISTRATION BUI.DING.
----------------------_ ---- ----------------------------
Mayor Suarez: Now, as to consent agenda items one through 49, let the record
reflect no one has stepped forward. Mr. Manager, do you want to clarify
further...
Mr. Odio: For the record, the ones that are withdrawn are number 3, 5, 211
31, 42, and 46 of the consent agenda.
Mr. Plummer: What about 59?
Mr. Odio: Fifty-nine, it's out of the consent.
Mr. De Yurre: Well, it's on the consent agenda.
Mr. Plummer: But it's also withdrawn.
Mr. Odio: It is also withdrawn.
Mr. De Yurre: No, it is deferred.
Mr. Odio: But I was trying to clarify the consent.
Mr. De Yurre: Deferred.
Mr. Odio: Deferred.
Mayor Suarez: OK...
Mr. Dawkins: Now, the reason...
Mr. De Yurre: Deferred to July the 27th - what's our next meeting?
Mayor Suarez: Twenty-seventh, I believe.
Mr. Plummer: Is that on item 59?
Mr. De Yurre: Are you talking about the 4400 Building?
Mr. Plummer: I don't know.
Mr. Odio: Yes, yes. Fifty-nine is...
Mr. De Yurre: OK.
Mr. Plummer: Oh, OK...
Mr. De Yurre: Well, Commissioner Range felt, from what I've heard, that she
needed more time to study the proposal and certainly, it's within her purview
and I have no problem with that to defer it to the next meeting in July 27th.
Mayor Suarez: When was it scheduled for consideration?
Mr. Odio: Today at 6:00 o'clock.
4 Mr. De Yurre: Today at 5:00.
Mayor Suarez: OK, I think the appropriate moment to take this up would'be at
hX. that time; Commissioners, where we...
x Mr. Odio: We did make public announcements that...
'.; Mayor Suarez: Right, we certainly have no problem indicating that. I think
} the Commission consensus will be to follow the request of the new Commissioner
for obvious reasons.
Mayor Suarez: So the people who are here and who are considering being
present for this issue might plan accordingly. Yes, Commissioner Range.
Ms. Range: Mr. Mayor, I did ask that the item be deferred until the first
meeting in September, but after further consideration, I'm willing to go with
it on the 27th. That's at our next meeting.
Mayor Suarez: That leaves us two weeks to further formulate, consider,
analyze, etc., etc.
Mr. De Yurre: And that's more than enough time, too.
Mayor Suarez: And for the new Commissioner to familiarize herself with a
fairly complicated issue. OK, I think that's ...
Mr. Dawkins: I pulled... Mr. Mayor... Every item that's pulled, and
everybody said the Manager sent them to my office to find out why, I explained
to them why and now I'm going to put it in the records why. I pulled each
item from the consent agenda because I felt, in my mind, that these were
important items and should have some input from the community as to what they
are and what we're doing. Therefore, I pulled them, because we have a rule
not to delay the meeting by just pulling items and discussing them. If you
have a problem with an item, you pull it for the next meeting and put it on
the next meeting, next regular meeting for a discussion and a hearing. That's
why I pulled them, because we do not meet in August. I have no problem with
the Manager, if he desires of putting them on the agenda for the 27th, because
I have no problem with the items. I just have a problem with the method the
items were put on - and that was the consent agenda, and I think they should
have been on the regular agenda.
5. CONSENT AGENDA
Mr. Dawkins: But I do need some clarification, Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: When we said 60 items, is that what we agreed on?
Mayor Suarez: Yes, ...
Mr. Dawkins: But we did not agree for the Manager to put 60 consent items and
60 regular items. Sixty and 60 is 120.
Mr. Odio: No, sir.
Mr. Dawkins: Now, somewhere along the lines, we have to decide that you'
going to have 10 consent agenda items and 50 regular items, or 50 consent
agenda items and 10 regular items. I do not intend to let another agenda come
through here with a hundred -and -some -odd items on it, when we agreed to 60
-
items, period.
Mayor Suarez:
Well, the theory...
Mr. Dawkins:
Now, if there's a difference,
let's say so now.
Mayor Suarez:
The theory is that
the consent agenda...
Mr. Plummer:
Is one item.
Mayor Suarez:
... is going to be
one item and, theoretically, it could be
an
unlimited number of items, if,
indeed, we all think that they should
be
treated as the
consent agenda.
Mr. Dawkins:
Well, I will not vote for that, I will not vote for that.
I
mean, I make a motion, now, that
if we're going to have 60 items, we have
60
items.
7 July 13, 1989
fir►
Mr. Odib: Weil, CoMmissibh6tj I have to watn you, we already...
Mr. Dawkins: Mr. Mayor, I'm warning... No, I just have one vote, sit.
Mt. Odio: I know, but let me tell you...
Mr. Dawkins: But I'm not going to allow you to put 60, 80, 90 items on aft
agenda and expect me to OK them as a consent agenda. Now, I'll be pulling
items...
Mayor Suarez: Mr. Manager, let's make a suggestion so that we can get out of
this. Mr. Manager, how about if we don't exceed - because, realistically, If
you go beyond, let's say, 30 or 40 items on the consent agenda, that's going
to be, for sure...
Mr. Dawkins: ...go beyond 20.
Mayor Suarez: ...some that are going to have to be pulled, some that are
going to have to be considered separately. There's no way we can go beyond a
certain number, and I think the Commission ought to reach a policy of what
number that is.
Mr. Odio: Mr. Mayor, we already have a backlog of 29 items that should have
been considered.
Mayor Suarez: Remember, we have a whip here, now, that we can apply to.
Mr. Odio: I don't know about whips, but I tell you, once we get behind...
Mayor Suarez: The special sessions to handle the items. If the Commission
wants to hold the line at 60, we will have to meet.
Mr. Dawkins: You see, and Mr. Mayor, the Manager does not tell us that it's
within his purview to request from the Mayor that there be a special
Commission meeting called by the Mayor to clear up any items on the agenda,
from backlogged, so that he can start out with a fresh agenda.
Mayor Suarez: Mr. Manager, the point is that we prefer - I think the
Commission prefers, rather than going 14 hours to get through umpteen items,
we prefer, I think, so far, although we haven't carried it out, to have a
special session and handle a certain number of items and clear them up. And
we have to test that. If we have a couple of special sessions and everybody
starts complaining that they'd rather come back and do more in a regular
session, well, then we'd be back where we started.
Mr. Dawkins: Well, now, let me make myself clear, so I'm understood. I'm for
having special sessions to clear up...
Mayor Suarez: To clear up items.
Mr. Dawkins: ...these past due items, I'm not for having no special agenda to
clear up any items the Manager might have decided to move off the agenda
because one of us requested something, so he had to bump 10 items. I'm not
going to have no special Commission meeting to clear those up.
Mr. Odio: My problem is that we're getting items. You told me to comply with
60 - and we're doing that - and that the consent agenda would be one. We're
trying to put in the consent agenda items that are noncontroversial and, like
I said, sometimes we might make a mistake and put one there that you want to
discuss, so there's nothing wrong in you withdrawing one and then discuss it.
uF Mr. Dawkins: OK, no problem.
Mr. Odio: But, if we limit the consent agenda, we're really going to increase -
the backlog that we will have. That's what I'm trying to say.
4 .
Mr. Dawkins: Well, how is it going to increase it if every item on the agenda
should be understood and clear from the Commission, how will it I don't _
understand what you're saying.
F
Mr. Odio: Well, we have, today, 49 items on the consent, and if you only had
19, that would be 20 items that I would have to wait and put sometime it, that
we have to deal with.
Mr. Dawkins: And of those 29 items, how many had been previously on the
agenda and were pulled off the agenda by you?
Mr. Odio: Not by me, because I...
Mr. Dawkins: Beg pardon?
Mr. Odio: We have to - we're pulling agenda items because we don't have only
but 60 numbers.
Mr. Dawkins: Go ahead, Mr. Mayor, we've got too many - I yield.
Mr. Odio: And if we...
Mayor Suarez: Let's try, Mr. Manager, to not exceed 40 consent agenda items.
If you go beyond 40...
Mr. Dawkins: And I'm going to pull 20 of them.
Mayor Suarez: If we go beyond...
Mr. Dawkins: If he puts 40, I'm going to pull 20 of them.
Mayor Suarez: Well, we'll try you with the 40 and maybe you won't find that
many that need to be pulled.
Mr. Dawkins: OK, then.
Mayor Suarez: And 59 other items, for a total of 60, and hopefully, there
will be, in fact, a consent agenda that will be treated as one item and we
won't have to pull too many. And, of course, each Commissioner is entitled to
clarification, explanation, discussion before the Commission meeting, and if
indeed, we find that a lot of these are not really consent agenda items, then
we'll have to come up with a better system.
Mr. Dawkins: OK, thank you.
Mayor Suarez: And, maybe a special session. Commissioner Range?
Ms. Range: Let me be clear on the method in which this is being done. I was,
and still am, of the opinion that items on the consent agenda would be
noncontroversial. Is that correct?
Mayor Suarez: Absolutely.
Ms. Range: And if they are to be noncontroversial, then I would feel that
these items which reach the floor, the Commission table at this point, there
would be no need for discussion on them, and it would be passed as a single
item. But when we come and find that we have to discuss them, too, then I
feel that if this item needs more clarification, it still should not be
discussed. It should simply be stricken from the agenda and carried on.
G However, in doing that, we're going to have to have a far less number of items
on the consent agenda. Otherwise we'd never get through the consent agenda.
Mayor Suarez: And, also, the timing is a factor. Not only the number,
Commissioner, but the timing. Mr. Manager, if you don't get to the
Commissioners on what the consent agenda will contain with enough advance
14<- notice, then we won't be able to make those items regular items on the agenda,
which really might fit into the upcoming agenda. Now, I know it's kind of
difficult because of the - like we have now only two weeks to the next
,..,_
Commission meeting, and it's supposed to be Planning and Zoning, but maybe if
we could get earlier to the Commissioners on the consent agenda items, then,
if they pull them, they could be included as regular items, and if we exceed
60, then we have to have a special session, and then we'll all know...
t�
Mr, Plummer: Let me voice my opinion. I think today is a classic example of
what we're trying to accomplish. There are 49 consent agenda items, and only
5 have been pulled. That means that we're going to take, as one item, 44
�6f, �,
9 July 13, 1909
items without coritrotb rsy. And l think that's really what we're ttYing t6
accomplish, is that those items that are noncontroversial, that do t►ot vibl.att
the Charter, at far as bidding, or as ordinances. Here we are, if, you know#
without this discussion we would have done one item and accomplished 44. And
1 think that's a real good system, myself.
Mayor Suarez: And, understanding that if we have too many, the Commissioner*
are going to be swamped in trying to determine if they're really
noncontroversial or not, so we ought to try to keep it to 40, Mr. Manager.
Let's stick to that rule and see if that works. Commissioners, we have a
motion and a second on the consent agenda, do we?
Mr. De Yurre: Mr. Mayor, I'd like
Mayor Suarez: Mr. vice Mayor.
Mr. De Yurre: I'd like to pull 15, also. -
Mayor Suarez: Item 15 has been pulled. I guess that's the only one. That's
CA-15, right - consent agenda, obviously? OK, with the exception of item 15,
I'll entertain a motion on the consent agenda.
Mr. Plummer: Well, excuse me, that's 3, 5, 15, 23, 31 and 42.
Mayor Suarez: And the ones withdrawn. With those exceptions.
Mr. Plummer: I second.
Mayor Suarez: We need a motion.
Mr. Plummer: I'll make the motion.
Mr. De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not, call the roll.
Mr. Plummer: Mr. Mayor, you need to read the terminology.
Mayor Suarez: I've already stated into the record that these items are going
to be handled in one motion, one resolution. If anyone wishes to be heard on
any of these items, please step forward. Let the record reflect that no one
has stepped forward. We'll proceed with the vote on items CA-1 through CA-49,
with the exceptions listed by Commissioner Plummer. Call the roll.
Mr. Fernandez: Excuse me, Mr. Mayor, point of clarification. Is 15 being
withdrawn, or just being pulled to discuss?
Mayor Suarez: Pulled. Fifteen is pulled.
Mr. Plummer; Which means it goes
to the next meeting.
Mr. De Yurre;
Pulled to the next
meeting, till I'm satisfied...
Mayor Suarez:
Wait, wait. We've
got to talk about that.
Mr. Fernandez:
That's right.
-
Mayor Suarez:
Is it pulled as of
now from the motion, please?
Then we'll see
what we want to do with it.
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5. 1 ARSE AND R$COMMEN'D PAMAGI OF M MRM ADES NATIONAL tAft WAIWOR
tt" BY THE U.S. CONGRESS.
RESOLUTION 140. 891 59;
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
ENDORSING AND RECOMMENDING PASSAGE OF THE EVERGLADES
NATIONAL PARK EXPANSION BILL BY THE UNITED STATES
CONGRESS; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED OFFICIALS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
s 5.2 DONATE 10 POLICE CONFISCATED BICYCLES TO THE BOYS CLUB OF MIAMI, INC.
i'
RESOLUTION NO. 89-598
A RESOLUTION APPROVING THE DONATION OF TEN (10)
POLICE CONFISCATED BICYCLES TO THE BOYS CLUB OF
MIAMI, INC., TO PRESENT THEM TO DESERVING CHILDREN
DURING THE HOLIDAYS.
1
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.3 ALLOCATE $26,000 FOR THE ESTABLISHMENT OF A ROBBERY TASK FORCE.
RESOLUTION NO. 89-599
A RESOLUTION ALLOCATING FUNDING FOR THE
ESTABLISHMENT OF A ROBBERY TASK FORCE, AT AN
APPROXIMATE COST OF $26,000; FUNDING TO BE PROVIDED
FROM THE LAW ENFORCEMENT TRUST FUND, CONDITIONED
UPON THE ADOPTION OF AN APPROPRIATIONS ORDINANCE T4
-
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.)
-
5.4 ALLOCATE $12,000 FOR SPONSORSHIP OF THE YOUTH CRIMEWATCH
OF AMERICA -
PROGRAM.
RESOLUTION NO. 89-600
A RESOLUTION ALLOCATING FUNDING FOR THE SPONSORSHIP
OF THE YOUTH CRIMEWATCH OF AMERICA PROGRAM, AT A
COST NOT TO EXCEED $12,000; 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.)
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A #ORIZR PURCHASE Or FIRR HOSE XR EXISTING DADU StltiM SID W, 444-
37-60 rkl o i HAROLD'S SALES AND SFRVI+CE C010ANt, INC, - fps% It"
D��g#tC�blit,
RESOLUTION NO. 89-601
A PISOLUTION AUTHORIZING THE PURCHASE OF 6,000 FT,
OP 1-3/4" FIRE HOSE UNDER AN EXISTING DADE COUNTY
RID NO. 999-37-60 FROM HAROLD'S SALES AND SERVICE
COMPANY, INC. FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES AT A TOTAL PROPOSED COST OF
$10,058.40; ALLOCATING FUNDS THEREFOR FROM 1988-89
OPERATING BUDGET ACCOUNT NO. 280601-709; 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.)
5.6 ACCEPT BID: AMKUS, INC. - for furnishing ".laws of Life" components for
Fire Department.
RESOLUTION NO. 89-602
A RESOLUTION ACCEPTING THE BID OF AMKUS, INC. FOR
THE FURNISHING OF "JAWS OF LIFE" COMPONENTS FOR THE _
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
AT A TOTAL PROPOSED COST OF $9,195.00; ALLOCATING
FUNDS THEREFOR FROM THE FIRE BOND ACCOUNT FY 189
ACCOUNT CODE #313230-289401-840; AUTHORIZING THE _
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS -
f. EQUIPMENT.
` (Here follows body of resolution, omitted here and
kL
on file in the Office of the City Clerk.)
f'
5.7 ACCEPT BIDS OF 11 SUPPLIERS - for furnishing office supplies on a
contract basis. (Note: Suppliers area Barnett Office Supplies, DEI/CO.,
Decors Office Furniture, A & C Stationers, Xerox Corp., X.I.P.S. Corp.,
Joyce Office Products, Copier Depot, Barlop, Inc., K-Data Products,
Savin of Florida.)
RESOLUTION NO. 89-603
A RESOLUTION ACCEPTING THE BIDS OF ELEVEN (11)
SUPPLIERS, FOR FURNISHING SPECIFIED AND BALANCE OF
LINE OFFICE SUPPLIES, AS NEEDED, ON A CONTRACT BASIS
FOR ONE (1) YEAR TO THE GENERAL SERVICES
ADMINISTRATION DEPARTMENT, DIVISION OF
nnnnrrnun WMT/rvmTRAT. gTnRF.R AT A TOTAL PROPOSED COST
(Here
follows body of resolution, omitted here and
on file
in the Office of the City Clerk.)
,4
ACCEPT BID:
ASCOM SYSTEM, INC. - for furnishing/installing A
fir s/s 0ko .y
Alarm system
at the Tacolcy Center - for GSA Department.
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RESOLUTION ri0. 89-604
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A RESOLUTION ACCEPTING THE RID OF ASCOM SYSTEM, INC.
FOR THE FURNISHING AND INSTALLATION OF A 1rIRE/SM0X9
ALARM SYSTEM AT THE TACOLCY CENTER FOR THE
{ DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A
TOTAL PROPOSED COST OF $5,200.001 ALLOCATING FUNDS
THEREFOR FROM THE 1988-89 OPERATING BUDGET ACCOUNT
CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SYSTEM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.0 ACCEPT Mt DEI/CD, INC. D/B/A LONG OFFICE SUPPLY CO. - for furnishing
office furniture for Finance Department/Treasury Management Division.
RESOLUTION NO. 89-605
A RESOLUTION ACCEPTING THE BID OF DEI/CD, INC. D/B/A
LONG OFFICE SUPPLY CO. FOR FURNISHING OFFICE
FURNITURE FOR THE DEPARTMENT OF FINANCE/TREASURY
MANAGEMENT DIVISION AT A TOTAL PROPOSED COST OF
$85,634.62; ALLOCATING FUNDS THEREFOR FROM THE 1988-
89 OPERATING BUDGET ACCOUNT CODE NO. 260301-840;
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.)
5.10 ACCEPT BID: DE LA RUE PRINTRAK - for furnishing a computerized retrieval
of images and mug entry system - for Police Department.
RESOLUTION NO. 89-606
A RESOLUTION ACCEPTING THE BID OF DE LA RUE PRINTRAK
FOR FURNISHING A COMPUTERIZED RETRIEVAL OF IMAGES
AND MUG ENTRY SYSTEM FOR THE DEPARTMENT OF POLICE AT
A TOTAL PROPOSED COST OF $63,465.00; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT
NO. 312018 ACCOUNT CODE NO. 299401-840; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.11 ACCEPT BIDt DATAPLEX - for furnishing a microfilm camera - for Police
Department.
RESOLUTION NO. 89-607
A RESOLUTION ACCEPTING THE BID OF DATAPLEX FOR
FURNISHING A MICROFILM CAMERA FOR THE DEPARTMENT OF
POLICE AT A TOTAL PROPOSED COST OF $4,519.00;
ALLOCATING FUNDS THEREFOR FROM THE 1988-89 OPERATING
BUDGET ACCOUNT CODE NO. 290201-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
-`
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
a;
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(Isere follows body of resolution, omitted here and
on file in the Office of the City Clerk.)`
x
12 ACCEPT >}ZA: & L LAWN AND TREE SERVICE, INC. - for removal/essttlE saf. F
f icus trees at klelreese Golf Course - for P4rXs Departme nt,
z4 ..
1 July
1q i -4,90
RESOLUTION NO. M-608
A RESOLUTION ACCEPTING THE BID OF E. & L. LAUN &
TREE SERVICE, INC. FOR THE FURNISHING OF SERVICES
FOR THE REMOVAL OF EIGHTEEN AND RESETTING OF FOUR
(4) FICUS TREES AT THE MELREESE GOLF COURSE FOR THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES AT A TOTAL PROPOSED COST OF $18,240.00;
ALLOCATING FUNDS THEREFOR FROM THE GOLF ENTERPRISE
FUND - MELREESE GOLF COURSE ACCOUNT CODE NO. 580202-
340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.13 ACCEPT BID: DUTTON PRESS - for printing Police Department Annual
Report - for GSA Department/Graphic Reproductions Division.
RESOLUTION NO. 89-609
A RESOLUTION ACCEPTING THE BID OF DUTTON PRESS FOR
THE PRINTING OF 1000 COPIES OF THE POLICE DEPARTMENT
ANNUAL REPORT FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/GRAPHIC REPRODUCTIONS DIVISION AT A
TOTAL PROPOSED COST OF $9,180.00; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT 1988-89
OPERATING BUDGET ACCOUNT CODE NO. 290201-680;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.14 ACCEPT BID: MARSHALL CONSTRUCTION AND REPAIR, INC. - for Dinner Key
Marina -Handrail - Execute contract.
RESOLUTION NO. 89-610
A RESOLUTION ACCEPTING THE BID OF MARSHALL
CONSTRUCTION & REPAIR, INC., IN THE PROPOSED AMOUNT
OF $87,887.50, FOR DINNER KEY MARINA - HANDRAIL,
PROJECT B-3202G, WITH MONIES THEREFOR ALLOCATED FROM
THE "DINNER KEY MARINA - RENOVATION/EXPANSION"
ACCOUNT, C.I.P. PROJECT NO. 414005, IN THE AMOUNT OF
$87,887,50 TO COVER THE CONTRACT COST; APPROVING THE
DECISION OF THE CHIEF PROCUREMENT OFFICER TO REJECT
A PROTEST RECEIVED IN CONNECTION WITH THIS PROJECT;
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.)
�.. - 5.15 ACCEPT BID: M. VILA AND ASSOCIATES, INC. - for Little River Storm Sewer
Retrofitting - Execute contract.
RESOLUTION NO.
89-611
A RESOLUTION
ACCEPTING THE
BID OF
M. VILA &
ASSOCIATES,
INC., IN THE
PROPOSED AMOUNT OF
$178,468.25,
FOR LITTLE
RIVER
STORM SEWER'.;
RETROFITTING,
PROJECT B-5559,
WITH MONIES THEREFOR
ALLOCATED FROM THE "LITTLE RIVER
STORM SEWER
RETROFITTING"
ACCOUNT, C.I.P.
PROJECT
NO.352271, IN
THE AMOUNT OF $178,468.25 TO COVER
THE CONTRACT -
15
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43i' 19 _
a'
COST; AND AUTHORMN4 THE CITY MANAGER TO 1XICM A
CON1 ,CT WITH SAID FIRM.
(Here follows body of resolution, offiitted here mid
61i file ih the Office of the City Clefk. )
S.16 AUTHORIZE AMENDMENT TO INTERLOCAL AGREEMENT WHICH CASA THE
STATE GOVERNMENTAL FINANCING COMMISSION.
RESOLUTION NO. 89-612
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
EXECUTION OF AN AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE INTERLOCAL AGREEMENT WHICH
CREATED THE SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
S.17 AUTHORIZE AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COMMUNITY COLLEGE
for "Full-time Equivalent" student compensation, Instructor compensation
and student contact fee - for Fire Department/Fire Training Programs.
RESOLUTION NO. 89-613
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY
r, THE FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND THE
MIAMI-DADE COMMUNITY COLLEGE (M.D.C.C.) FOR "FULL-
TIME EQUIVALENT" STUDENT COMPENSATION, INSTRUCTOR
COMPENSATION AND STUDENT CONTACT FEE FOR THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES'
FIRE TRAINING PROGRAMS, SAID AGREEMENT BEING FOR THE
PERIOD OF AUGUST 1, 1989 THROUGH JULY 31, 1990.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.18 ALLOCATE (a) $31,000 to Black Archives History and Research Foundation
of South Florida, Inc. - to rehabilitate/renovate the historic Lyric
Theater in Overtown; and (b) $55,000 to Jewish Family Services, Inc.
to operate a senior security program for the elderly - Execute
agreements.
RESOLUTION NO. 89-614
t
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $31,000
OF 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
r.
TO THE BLACK ARCHIVES HISTORY AND RESEARCH
FOUNDATION OF SOUTH FLORIDA, INC., TO
REHABILITATE/RENOVATE THE HISTORIC LYRIC THEATER IN
OVERTOWN $55,000 OF 15TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO JEWISH FAMILY SERVICES, INC. TO
OPERATE A SENIOR SECURITY PROGRAM FOR THE ELDERLY,
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10594,
ADOPTED JUNE 7, 1989; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS WITH SAID AGENCIES FOR
-r SAID PURPOSE, IN SUBSTANTIALLY THE FORM ATTACHED.
=- .
(Here follows body of resolution, omitted here and
-- on file in the Office of the City Clerk.) }f
5.19 ALLOCATE $1,636,726 OF CDBG FUNDS (15TH YEAR) TO 19 SOCIAL SERVICE
a9 AGENCIES - for approved social service projects Execute aSreementa., x
[Note; Agencies were; Action Community Centex, Inc,, Allapattebi,
Community Action lternative Pro rams .Inc,
, Inc.,► 6 , , Association for the: k�
�yGt4 Useful Aged, Inc., Catholic Community Services, inc.(Centro Mated F ;
16July 13 i IV
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Little Havana Chtidtaral Little Havitit Community Center Chil+dearal Vbtra
Maine bay Aire; San .Iuan 8e Puerto hied Day Care and Neighborhood
Center), Cure Aida Now, End World Hunger, Inc., First United Methodist
Church, Inc., Holy Cross bay Care Center, Inc. (Wpnwood Childcare; be
1168<tot Senior Center), James E, Scott Community Assoclatibh4 Inc., Lints
Home for the Blind Foundation, Little Havana Activities & Nutritl6fi
+enters of bade County, Inc., Miami Mental Health, Inc., Southwest
Social Services, Inc., St. Alban's Day Nursery, Inc.] (See label 16),
RESOLUTION NO. 89-615
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING
$1,636,726 OF FIFTEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 10594, ADOPTED JUNE 7, 1989, TO THE
HEREIN NAMED NINETEEN (19) SOCIAL SERVICE AGENCIES
FOR APPROVED SOCIAL SERVICE PROJECTS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS
WITH SAID AGENCIES FOR SAID PROJECTS, IN
SUBSTANTIALLY THE FORM ATTACHED.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.20 AUTHORIZE AGREEMENT WITH NORA SWAN - for professional services
planning/implementation of promotional activities for enhancement of
film/television/recording industries in the City.
RESOLUTION NO. 89-616
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED, WITH NORA SWAN, AN INDIVIDUAL, IN
AN AMOUNT NOT TO EXCEED $20,000 FOR PROFESSIONAL
SERVICES RELATED TO THE PLANNING AND IMPLEMENTATION
OF PROMOTIONAL ACTIVITIES FOR THE ENHANCEMENT OF THE
FILM, TELEVISION AND RECORDING INDUSTRIES IN THE
CITY OF MIAMI FOR A ONE YEAR PERIOD COMMENCING
SEPTEMBER 1, 1989, PLUS OUT OF POCKET EXPENSES
BILLED AT COST NOT TO EXCEED AN AMOUNT OF $5,000,
FURTHER AUTHORIZING COMPENSATION FOR SERVICES FROM
MONIES IN THE DEPARTMENT OF DEVELOPMENT'S 1988-89
FISCAL YEAR BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.21 AUTHORIZE NEGOTIATED AGREEMENT WITH ANDRES DUANY AND ELIZABETH PLATER-
ZYBERK, ARCHITECTS, INC. - for professional planning/design services to
develop single family residential project on St. Hugh Oaks site (Coconut`
Grove CD Target Area).
RESOLUTION NO. 89-617
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT BETWEEN
THE CITY OF MIAMI AND ANDRES DUANY & ELIZABETH
PLATER-ZYBERK ARCHITECTS INC IN THE AMOUNT OF
$95,000, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
IN CONNECTION WITH THE PROVISION OF PROFESSIONAL
PLANNING AND DESIGN SERVICES FOR THE DEVELOPMENT OF
A THIRTY (30) UNIT SINGLE DEVELOPMENT OF A THIRTY#{j
¢
(30) UNIT SINGLE FAMILY RESIDENTIAL PROJECT ON THE
CITY -OWNED ST. HUGH OAKS SITE IN THE COCONUT GROVE
COMMUNITY DEVELOPMENT TARGET AREA. FURTHER
ALLOCATING FUNDS IN THE SAID AMOUNT FROM CAPITAL
IMPROVEMENT PROJECT NO. 321034 "SCATTERED SITF,
AFFORDABLE HOUSING DEVELOPMENT PROGRAM" TO FUND THEs
COST OF PROVIDING SAID SERVICES TO THE CITY•
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(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.22 AUTHORIZE AGREEMENT WITH EAST LITTLE HAVANA CD CORPORATION - for
development of low and/or moderate income housing in the East Kittle
Havana Neighborhood - Allocate $50,000 (from CDBG funds).
RESOLUTION NO. 89-618
A RESOLUTION, WITH ATTACHMENT(S) AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF
MIAMI AND EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION, IN CONNECTION WITH THE AFOREMENTIONED
CORPORATION'S PROJECT(S) FOR STIMULATING THE
DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND/OR
MODERATE INCOME FAMILIES AND INDIVIDUALS IN THE EAST
LITTLE HAVANA NEIGHBORHOOD; FURTHER ALLOCATING A
TOTAL OF FIFTY THOUSAND DOLLARS ($50,000) FROM 15TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE
PURPOSE OF PROVIDING SAID ADMINISTRATIVE FUNDING
GRANT TO EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.23 AUTHORIZE AGREEMENT WITH TACOLCY ECONOMIC DEVELOPMENT CORPORATION - for
development of low and/or moderate income housing in the Model City
Neighborhood - Allocate $50,000 (from CDBG funds).
RESOLUTION NO. 89-619
A RESOLUTION, WITH ATTACHMENT(S) AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF
MIAMI AND TACOLCY ECONOMIC DEVELOPMENT CORPORATION,
IN CONNECTION WITH THE AFOREMENTIONED CORPORATION'S
PROJECT(S) FOR STIMULATING THE DEVELOPMENT OF
HOUSING AFFORDABLE TO LOW AND/OR MODERATE INCOME
FAMILIES AND INDIVIDUALS IN THE MODEL CITY
NEIGHBORHOOD; FURTHER ALLOCATING A TOTAL OF FIFTY
THOUSAND DOLLARS ($50,000) FROM 15TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF
PROVIDING SAID ADMINISTRATIVE FUNDING GRANT TO
TACOLCY ECONOMIC DEVELOPMENT CORPORATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5,24 ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF MARINE STADIUM BY
WORLD CUP JET SKI, INC. - for presentation of Busch World Cup Jet Ski
Championship - Execute use agreement.
RESOLUTION NO. 89-620
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
MIAMI MARINE STADIUM BY WORLD CUP JET SKI, INC. FOR
4z
SAID ORGANIZATION'S PRESENTATION OF THE BUSCH WORLD
CUP JET SKI CHAMPIONSHIP AT SAID S'PADIUM ON
SEPTEMBER 3 AND 4, 1989; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
c�
M<.,. MIAMI AND SAID ORGANIZATION FOR SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.25 AUTHORIZE AGREEMENT WITH CELLAR DOOR CONCERTS, INC. for rebates to the
City of novelty concession revenue derived from multiple concerts at
stadium facilities.
RESOLUTION NO. 89-621
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
CELLAR DOOR CONCERTS, INC., FOR REBATES TO THE CITY
OF NOVELTY CONCESSION REVENUE DERIVED FROM MULTIPLE
CONCERTS TO BE PROMOTED AND PRODUCED BY SAID
CORPORATION AT CITY OF MIAMI STADIUM FACILITIES
WITHIN A ONE-YEAR PERIOD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.26 ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF MARINE STADIUM BY
CELLAR DOOR CONCERTS, INC. - for presentation of two concerts - Execute
agreement.
RESOLUTION NO. 89-622
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
MIAMI MARINE STADIUM BY CELLAR DOOR CONCERTS, INC.
FOR THE PRESENTATION OF TWO (2) CONCERTS AT SAID
STADIUM IN AUGUST AND SEPTEMBER, 1989; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND CELLAR DOOR CONCERTS,
INC. FOR SAID EVENTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.27 RATIFY MANAGER'S ACCEPTANCE OF GRANT ($62,000) FROM U.S. DEPARTMENT OF
HEALTH AND HUMAN SERVICES (TITLE XX) THROUGH METROPOLITAN DADE COUNTY -
to provide child day care services to low income families - Execute
agreements.
RESOLUTION NO. 89-623
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A
GRANT, IN THE AMOUNT OF $62,000 FROM THE U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES (TITLE XX)
THROUGH METROPOLITAN DADE COUNTY TO PROVIDE CHILD
DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME
FAMILIES; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY AGREEMENT(S), IN SUBSTANTIALLY
THE ATTACHED FORM, TO IMPLEMENT THE PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
; 5.:28. RATIFY PAYMENT TO FINE, JACOBSON, NASH, BLOCK AND ENGLAND -for legal
�S
services concerning representation of City Manager in an action filed by
"r Andrew Clute in State Court.
RESOLUTION NO. 89-624
' A RESOLUTION RATIFYING AND APPROVING PAYMENT TO THE
fz FIRM OF FINE, JACOBSON, NASH, BLOCK AND ENGLAND FOR
LEGAL SERVICES RENDERED AND TO BE RENDERED IN
CONNECTION WITH SAID FIRM'S REPRESENTATION OF CITY
MANAGER CESAR ODIO IN AN ACTION FILED IN STATE COURT'
t �N
July 13 1980
19
F
RT ANDREW CLUTE, A FORMER EMPLOYEE, AGAINST THE CITY
MANAGER AND OTHER DEFENDANTS, USING MONIES THEREFOR
FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND;
FURTHER AUTHORIZING EXPENDITURES FOR NECESSARY COSTS
,AND EXPENSES FROM SAID FUND IN CONNECTION WITH THE
DEFENSE OF THE LAWSUIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.99 AUTHORIZE MANAGER TO MAKE OFFER AND EXECUTE AGREEMENT WITH PROPERTY
OWNERS FOR ACQUISITION OF PARCEL NOS. 05-03 AND 05-07 WITHIN COCONUT
GROVE CD TARGET AREA - for development of affordable housing for
low/moderate income families in connection with City Sponsored Scattered
Site Affordable Housing Development Program.
RESOLUTION NO. 89-625
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE
PROPERTY OWNERS FOR ACQUISITION OF TWO PARCELS
(PARCEL NO'S. 05-03 AND 05-07) WITHIN THE COCONUT
GROVE COMMUNITY DEVELOPMENT TARGET AREA AND WHICH IS
MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE
ATTACHED EXHIBITS "A" AND "B", TO BE USED FOR THE
DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES IN CONNECTION WITH THE CITY
SPONSORED SCATTERED SITE AFFORDABLE HOUSING
DEVELOPMENT PROGRAM; FUNDS ARE AVAILABLE FROM THE
ORIGINAL $1,000,000 ALLOCATED FROM 11TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER
PROJECT NUMBER 321026, INDEX CODE NUMBER 579102, FOR
ACQUISITION OF THE SUBJECT PROPERTIES IN CONNECTION
WITH THE SAID PROGRAM; FURTHER AUTHORIZING THE CITY
ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS
AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION
OF OPINION OF TITLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.30 AMEND R-89-548 WHICH CREATED THE FLAGLER/CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT - correct arithmetic errors affecting
improvement cost and assessment amount (See label 50).
RESOLUTION NO. 89-626
5.31
A RESOLUTION AMENDING RESOLUTION NO. 89-548, ADOPTED
JUNE 7, 1989, WHICH CREATED THE FLAGLER/CORE AREA
SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT BY
CORRECTING ARITHMETIC ERRORS CONTAINED IN SAID
RESOLUTION AFFECTING THE IMPROVEMENT COST AND
ASSESSMENT AMOUNT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
AMEND R-89-547 (CITY'S RENTAL REVENUE BONDS, SERIES 1988) - Execute
agreement with U.S. General Services Administration and NCNB National
Bank of Florida concerning issuance of the Bonds.
RESOLUTION NO. 89-627
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, AMENDING
_ - ..w A A C 17 T11?• • /..TT t1 I..A Ti.TT A T TtI . !. TTiiT • T - _
TNSTRMWS REI A"D TO THE ISSUANCE OF THE SOND5;
RATIFYING CERTAIN ACTIONS TAKEN 81t THE CITY MANAGER
AND/bit MAYOR; AND PROVIDING AN EFFECTIVE DATE.
- By and through the General Services
Administration (hereinafter "GSA")
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.32 AUTHORIzE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA HOUSING tONDS =
to substitute lost bonds.
RESOLUTION NO. 89-628
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA
HOUSING BONDS, DUE AUGUST 1, 1994, IN THE PRINCIPAL
AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO
SUBSTITUTE LOST BONDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
S,33 INSTRUCT CITY ,ATTORNEY TO DRAFT A CHARTER AMENDMENT FOR REFERENDUM ON
NOVEMBER 7, 1989 - concerning procurement of public works or
improvements - goods/supplies/commodities - Permit City Commission to
set dollar amount at which sealed bid requirements become applicable.
RESOLUTION NO. 89-629
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT
A CITY CHARTER AMENDMENT FOR REFERENDUM ON NOVEMBER
7, 1989 THEREBY, IN REGARD TO CITY PROCUREMENT OF
PUBLIC WORKS OR IMPROVEMENTS, GOODS, SUPPLIES AND
COMMODITIES, PERMITTING THE CITY COMMISSION BY
ORDINANCE TO SET THE DOLLAR AMOUNT AT WHICH THE
REQUIREMENT OF OBTAINING SEALED COMPETITIVE BIDS FOR
SUCH PUBLIC WORKS OR IMPROVEMENTS, GOODS, SUPPLIES
AND COMMODITIES BECOMES APPLICABLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.34 ACCEPT
COMPLETED WORK: F.C.E. CONTRACTING, INC. - for Miami River Walk -
East -
Authorize final payment.
RESOLUTION NO. 89-630
A RESOLUTION ACCEPTING THE COMPLETED WORK OF F.C.E.
CONTRACTING, INC. AT A TOTAL COST OF $81,883.80 FOR
MIAMI RIVER WALK - EAST PROJECT CIP PROJECT NO.
331347 AND AUTHORIZING A FINAL PAYMENT OF $8,188.38.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5,35 ACCEPT
COMPLETED WORK: CAMPANELLA CONSTRUCTION CORP. - for
N.W. Ist
Avenue
Sanitary Sewer Replacement Project - Authorize final payment,
RESOLUTION NO. 89-631
A RESOLUTION ACCEPTING THE COMPLETED WORK OF
CAMPANELLA CONSTRUCTION CORP. AT A TOTAL COST OF
$74,028.50 FOR N.W. 1 AVENUE SANITARY SEWER
REPLACEMENT PROJECT CIP PROJECT NO. 351280 AND
AUTHORIZING A FINAL PAYMENT OF $7,205.75,
- ,' -
;
1
} $`
rt
j
(Here follows body of resolution, omitted here 0i8
h file in the Offite of the City Clerk.)
5.36 APPROVE ISSUANCE OF CITY OF MIAMI, FLORIDA HEALTH FACILITIES AtiTHtIRM
OF HOSPITAL REVENUE REFUNDING BONDS (MERCY HOSPITAL PROJECT), gntfit
1980A ($30,000,000) - to refund all or portion of the AuthOrity'k
Hospital Revenue Refunding Bonds, Series 1985A.
RESOLUTION NO. 89-632
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA APPROVING
THE ISSUANCE BY THE CITY OF MIAMI, FLORIDA HEALTH
FACILITIES AUTHORITY OF HOSPITAL REVENUE REFUNDING
BONDS (MERCY HOSPITAL PROJECT), SERIES 1989A, IN AN
AGGREGATE AMOUNT NOT TO EXCEED $30,000,000, TO
REFUND ALL OR A PORTION OF THE AUTHORITY'S HOSPITAL
REVENUE REFUNDING BONDS (MERCY HOSPITAL PROJECT),
SERIES 1985A.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.37 RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY THE ASSOCIATION FOR THE
DEVELOPMENT OF THE EXCEPTIONAL (a charitable organization) - Authorize
Finance Director to reimburse the Association $9,770.64.
RESOLUTION NO. 89-633
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS
CLAIMED BY THE ASSOCIATION FOR THE DEVELOPMENT OF
THE EXCEPTIONAL, A CHARITABLE ORGANIZATION, IN
SUPPORT OF ITS REQUEST FOR RETURN OF MONIES TO BE
PAID BY IT BECAUSE OF ITS FAILURE TO FILE
APPLICATIONS FOR TAX-EXEMPT STATUS OF PROPERTY
LOCATED WITHIN THE CITY OF MIAMI; AUTHORIZING AND
INSTRUCTING THE FINANCE DIRECTOR TO REIMBURSE SAID
ORGANIZATION THE AMOUNT OF $9,770.64, SAID SUM BEING
CONFIRMED AS THE AMOUNT TO BE RECEIVED BY THE CITY
AS A RESULT OF THE ORGANIZATION'S NONCOMPLIANCE WITH
THE FILING REQUIREMENT; FURTHER DESIGNATING PROPERTY
TAXES ACCOUNTS IN THE GENERAL FUND AND GENERAL
OBLIGATION DEBT SERVICE FUND FOR SUCH REIMBURSEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.38 SET SPECIAL USE FEE FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY
FEDERACION DEPORTIVA NICARAGUENSE, INC. - for 60 amateur baseball games
through 1989 - Execute use agreement.
RESOLUTION N0, 89-634
A RESOLUTION SETTING A SPECIAL USE FEE FOR THE
USE
OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM BY
THE
FEDERACION DEPORTIVA NICARAGUENSE, INC., FOR
SAID
ORGANIZATION'S
SIXTY (60) AMATEUR BASEBALL GAMES
THROUGH DECEMBER 31, 1989; FURTHER AUTHORIZING
THE
CITY MANAGER
TO EXECUTE A USE AGREEMENT,
IN
SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND SAID
ORGANIZATION.
(Here follows
body of resolution, omitted here
and ,
on file in the
Office of. the City Clerk.)
t-
"TACOLCY GARDENS".
RESOLUTION NO. 69
A RESOLUTION ACCEPTING THE PLAT ENTITLED "TACOLCY
GARDENS", A SUBDIVISION IN THE CITY OF MIAMI' AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.40 ACCEPT PLAT: "MORTON ESTATES".
RESOLUTION NO. 89-636
A RESOLUTION ACCEPTING THE PLAT ENTITLED "NORTON
ESTATES", A SUBDIVISION IN THE CITY OF MIAMI' AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6. DIRECT CITY MANAGER TO PROCEED AS QUICKLY AS POSSIBLE WITH THE MELROSE
NURSERY SITE HOUSING PROJECT - Schedule selection of architect for first
meeting in September.
Mayor Suarez: Item 2, I guess it is. Discussion of Melrose.
Mr. Odio: You asked us to - on January 12th, Commission, that we agreed to
provide Melrose townhome development additional 90-days. Melrose has not been
successful in securing Dade County documentary surtax so...
Mr. Dawkins: Melrose who?
Mr. Odio: The Melrose townhome development.
Mr. Plummer: That was the union.
Mr. Odio: That was the union group.
Mr. Dawkins: OK, yes, OK.
Mr. Odio: They were not able to get the proper surtax financing so in the
interim, we have a proposal from the Allapattah Business Development Authority
which calls for approximately 200 units of sales housing and 100 units of
rental housing.
Mr. Dawkins: What kind of rental housing?
Mr. Odio: I don't know if they're here. Herb? -to explain their proposal
but...
Mr. Dawkins: Mr. Mayor, I move that this be moved to the first meeting in
September and that the Manager find individuals who are desirous of developing
this tract of land, Now, I do know that the Hispanic builders and some black
contractors are desirous of putting some home ownership - I mean affordable
housing - on that. so, let's have both of these groups here on the 13th to
discuss what we can do with that.
23 July 13, 1989
Mr. Odio: Could, could...
Mr. bawkins: I move that it be coved to the naxt agenda, bit, go - tow.:.
Mayor Suarez: Commissioner Dawkins has moved to move it to the nest Agafdi,
Should we not consider what procedure we're going to use to award - yes.
Mr. Dawkins: That's what I think he's trying to do.
Mayor Suarez: Mr. Manager, what do you recommend?
Mr. Odio: That's what I was going to ask if we just can go out on an APT?
Mr. Dawkins: No, I do not - I mean, me, personally, no, because I want the
City, as the developer, to work with people in the area to get it done.
Mr. Odio: Yes, sir.
Mr. Dawkins: Otherwise, we're going... and I have no problem with saying
this. Other than that, the local people in the area are not going to receive
any work or no benefits from it and somebody from Kokomo, Alabama, will come
in here, get the contract, bring their people in and we will not have gained
anything, I think, Mr. Mayor.
Mr. Odio: OK, OK.
Mayor Suarez: Mr. Manager, I have a concern about the City developing which
is simply, will we ever develop it? I know this land has been available for I
don't know how many years and I know, of course, that the latest idea on the
St. Hugh's property is that the City will develop it. And the City cannot
sign any personal guarantees with banks, the City does not have financing
other than through general obligation bonds which the voters have to approve.
What worries me is that nothing will happen, that we'll talk to some
developers, some associations of developers, as Commissioner Dawkins is
proposing, and then we'll be back to this Commission trying to figure out how
to handle it. In other words...
Mr. Odio: St. Hugh is moving on, we're...
Mr. Dawkins: I would accept that explanation if we had not, the City of
Miami, completed the homes on 58th Street and 12th and 15th Avenue. The City,
itself. - and I hate to be personal - but develop these homes down the street
from the newly Commissioner, Commissioner Range. That was done by the City
with local people. And they got done.
Mayor Suarez: Yes, but we have two parameters there. One is that there's
only six units in Carver homes and the other one is that we had $150,000, I
think, in interest free mortgages, first mortgages, I believe...
Mr. Odio: I believe...
Mayor Suarez: ... provided by the funds set up by attorney Marty fine.,.
Mr. Odio: I believe that...
Mayor Suarez: and we're obviously not going to have that in the case of
the units that we try to build at Melrose. How many units is the idea to
build there? Over a hundred, right?
Mr. Odio: Two hundred and one hundred, is 300 units.
Mr. Dawkins: Yes, but you see, OK, all right, I still say, I move that itbe
brought back and let who ever it is come before the Commission and explain the
Mayor has - any questions the Mayor have, clear them up; any questions I have,,
But I will tell all of you now that, yes, this project was seven units, It
got developed and if we don't go from seven to 20 with these small builders,,
Mr. Odio: Yes.
Mayor Suarez: I don't think we're saying two different things. Mr. Manager,
is it clear and, Herb, is it clear enough what the parameters will be of what
we want people to develop there so that, in effect, we're putting out an RFP
by saying to the world, because I don't think Commissioner Dawkins is
intending to limit it to any particular group.
Mr. Dawkins: No, I'm not.
Mayor Suarez: Right. That we're saying to the world, we would like to find
sort of a joint venture developer, partner that could develop this. Do we
want nonprofit or for profit, are we going to limit it in any way? And have
we, otherwise, specified the parameters to be X number of units? One of the
things I'm concerned about, Herb, I think you know, is the idea of selling off
some of the land or trying some creative financing aspects here and what are
the parameters? Are we sufficiently clear? Because if we're sufficiently
clear on the parameters, then this becomes like an RFP. It's...
Mr. Dawkins: All right, the only thing I want to say is, and I want the
Mayor, the Commissioners, the Manager and Mr. Bailey and everybody to
understand, OK, letting people put section 102 or whatever that is that
requires no money and give them a piece of land to develop, is not creative
financing, see. Now, everywhere we have gone out here, we have - what's that
title that you don't have to put any money with?
Mr. Herb Bailey: Section 202. For the elderly.
Mr. Dawkins: All right, section - everywhere you look, a developer comes in
here with a section two oh...
Mayor Suarez: That's elderly housing?
Mr. Bailey: That's elderly housing, public housing elderly.
Mr. Dawkins: I don't care what it is, OK? All I know is developers come in
here and get section 202 from us for our land as a nonprofit organization,
then they take our commitment of the land and then they're able to go get all
the financing they want and they put it up and then that's why the little
developer, I mean, a little builder, can't get anything going. We don't give
him this land and start up money and before the bank can give them the money.
So, be sure the RFP specify, for me.
Mr. Bailey: All right. I would just like...
Mr. Dawkins: What, what, what....?
Mr. Bailey: ... kind of get a clarification on - are you saying that you
would like for us to bid it out under a unified development and specifying
affordable housing to be built for sale within that Melrose site or are you
saying that you would like for us to be the developer as we've done on other
sites and bid out for contractors and architects? I think the original
premise was that whatever we did on that site, we do two things. One is that
we do affordable housing for sale in the community and that we would get a
return of the money that we have already spent for the land, at least a
portion of it, so we can revolve it and do other houses in other
neighborhoods. We have put together...
Mayor Suarez: Well, under the existing lease agreements that we have proposed -
for the first ten years, it would be almost no return to the City. Are we
still keeping that in effect?
Mr. Bailey: If it's for sale units, we get the money back from the unit buyer
at the time the houses are sold, that comes back to us.
Mayor Suarez: I see. I - OK...
Mr. Bailey: If we lease the land out, we get a lease agreement on the land
but then that determines whether or not it's rental or for sale. I thought
the original intent was to sustain that neighborhood with more home ownership.
We have put together, at your request, a plan which calls for building for
sale units in the affordable range using all of the resources we have, like
25 July 13, 1989
second mortgagee and whatever. And we're ready to proceed, whichever way you
would like for us to do. We can build the units ourselves as we've done in
other locations, on a for sale basis, or we can put it out to a developer
specifying that they build for sale units and that the City get a certain
return for the land.
Mayor Suarez: How many units?
Mr. Bailey: A hundred and fourteen. On our latest design which also includes
the commercial strip.
Mayor Suarez: No, without going to a UDP, or an extended RFP process or
anything, how do you envision the Commission considering potential developers
or contractors for this?
Mr. Bailey: Well contractors, we bid off architects, which we already have a
preliminary rendering. We go out for construction drawings so we can bid it
out to a contractor to bid on the construction of the units. If they are for
sale, we go on pre -sale basis. We build enough units to identify what the
models are...
Mayor Suarez: Herb, how are we going to give financing for construction and
permanent financing if - well, permanent, presumably from the units owners
themselves, but for construction, if the contractor is not going to have any
equity ownership, he's just going to be in a contracting mode.
Mr. Bailey: It'll be a contractor with us. We have a fund that we've used
that this Commission permitted us to set up some time ago of about four and a
half million dollars that we use for construction financing for affordable
housing. We have, to date, several other sites under development, but it
doesn't require all of the money. We can build, using that fund, on a pre -
sale basis, very comfortably.
Mayor Suarez: How much of that fund is left?
Mr. Bailey: The total fund is four and a half million and it revolves. We
haven't lost any money under that fund.
Mayor Suarez: And how many units could we get off the ground with that?
Mr. Bailey: Well, actually, we're only building model units so that we'll
only build as
there are sales commitments. So we would probably build, maybe,
ten models -
four or
five models depending on the variations on the models
`
r?
that we have
and then
as they are sold, then they are built.
Mayor Suarez:
You're
talking about building in phases then, of the hundred
and fourteen
units.
Mr. Bailey: And in phases, yes, on a pre -sale basis.
Ms. Range: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Range.
Ms. Range: May I ask of Mr. Bailey a question? I realize the buildings which
were completed in the area of 15th Avenue and 57th, 58th Street, I realize
that that is a very, very young project and that you probably cannot tell at
this point just in which direction that's going. But, from your perception
-'. thus far, do you see this as being a successful effort?
Mr. Bailey: I think it is. Well, we learned some things from that. We found
out that we do have an expenditure we didn't consider, that is security until
the time we sell the units. We did find out that the way in which the banks
qualify. We have to sort of get a better understanding as to who is going to
qualify and how the bank rates the application for qualifying. We've made
some modifications on that. We found that it's not just important to build
the units, it's also important to find a way in which we can get people who
would like to buy those units qualified. To that end, we have put in other
subsidies from our own resources to make sure that, you know, they can
qualify. -
26
July
13,
1989
e
Ma. Mange: I see. And do you not feel that if these hundred fourteen - did
you say a hundred fourteen?
Mt. Bailey: We have a hundred and fifteen already designed.
Ms. Range: A hundred and fifteen units designed. Do you not feel that if
they are put up in segments, small numbers, with the general area of the
Melrose Nursery, it certainly strikes me that there would far more buyers
coming into that particular area.
Mr. Bailey: We might have more people who can qualify, yes.
Ms. Range: Yes, you might have a better rate of qualification there.
Mr. Bailey: Yes.
Ms. Range: And, if that be the case then, they can be built in small numbers,
people can qualify and you can continue the routine of building.
Mr. Bailey: Yes.
Ms. Range: I would think that that would be the better way to go about it.
Mayor Suarez: Mr. Manager, are you satisfied that if we simply put the ad in
for some sort of a - it sounds to me like an expedited RFP - in other words,
we decide to go it with the City being the developer, that we will actually by
September, have some idea of how to contract out the work and will begin
building units with the four and a half million dollar construction fund that
Herb was referring to forthwith and that we won't have wasted two months of
wishful thinking that the City can develop these; at least on a partial phase
in basis?
Mr. Odio: Yes, yes, yes.
Mayor Suarez: OK, then my last question is, is this the same approach that
we've taken with the St. Hugh's property?
Mr. Odio: Yes, sir.
Mayor Suarez: OK. Why, in that case, has it taken us almost two years since
the last time that we assigned to the City the task of being the developer and
we have yet to see one unit being built over there? What is keeping us from
getting that project going?
Mr. Odio: That's really not what happened in St. Hugh. If you want me to go
through the whole story, it was delayed because some other community group
wanted to develop the property. -
Mayor Suarez: No, once we gave it...
Mr. Bailey: Yes.
Mayor Suarez: ... well, maybe it's two years, maybe it's a year. Herb, what
has been holding up, if we have all of the resources to begin construction
there...
Mr. Bailey: We have...
Mayor Suarez: Have you not gotten the correct direction from the City
Commission? What has been the problem?
Mr. Bailey: We're having some difficulty getting the platting that we need
passed through Planning and Zoning. We have - yes...
Mayor Suarez: Our own bureaucracy is holding us up.
Mr. Bailey: We have made an application and we are proceeding. The
neighborhood is in support of having less than the 5,000 square foot lot size.
We're asking for a smaller lot size so that we can get the number of units on
there that will support the economics of the project.
Mayor Suarez: How many units would it and up being, 20 some units altogether?
July 13 0 1949
}
Mr. Bailey: I think it's 30 units.
Mayor Suarez: Thirty and would those be built also in phases?
Mr. Bailey: They will be built in phases. They are single family...
Mayor Suarez: Also for home ownership, right?
Mr. Bailey: Home ownership, single family, two -stories.
Mayor Suarez: And we use the same four and a half million dollar construction
fund.
Mr. Bailey: flight.
Mr. Plummer: That's on the agenda tonight.
Mr. Bailey: Well, you see, that four and a half million, we don't build them
all, we just - you understand, it's incremental. So that money can go a long
ways.
Mayor Suarez: OK, we're going to try it, I guess, it sounds like unless any
Commissioner has any problem with the concept. We're going to try and have
the City on an incremental basis develop Melrose and the selection of
contractors is by competitive bidding, obviously.
Mr. Bailey: Yes, it will go by competitive bidding. It'll come back to the
Commission for the selection of the architect and the contractor.
Mayor Suarez: And the parameters are pretty clearly understood as to what
kind of project we want to build there. The Manager recommends it and I think
maybe we're going to try for this. It's very exciting to think that we can do
it, let's hope we can.
Mr. Dawkins: But I still have to lean towards what you said, Mr. Mayor. We
have to put a time on it so that we know what we're getting something
accomplished, I mean, so you go ahead and give them a time frame in which they
got to do it.
Mayor Suarez: Well, I would hope that if by September, we're ready to select
contractors, that it begin - at least some aspect of it begins to be built
right away in Melrose.
Mr. Bailey: We have the architect selected at least by October, November and
then we can go out... it'll take get 60 to 90 days to come up with the
drawings and we can have a contractor selected...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Bailey: Selected... we could probably be on the ground building by May or
June.
Mayor Suarez: Wait, with the architect selected by November of this year?
Mr. Bailey: Well, you don't meet in August and you got budget in September,
so we probably can't get it on the agenda until the first meeting in October.
Mr. Dawkins: Well, it's an emergen... I mean, well it's something we want.
Mayor Suarez: Yes, I'll call a special session for that, I mean...
*, Mr. Baileys Whatever you decide. I mean, you tell me, tell us and then we'll
do it.
4.
Mr. Dawkins: Wall, he just told you, we don't want it that time, that's what
he told you.
Mr. Bailey; OK,
Mayor Suarez:
housing bonds
year? -1975?
This Melrose site, I want the general public to understand, the
that enable us to buy this property were approved in what
20
F
Mr. Bailey: Nineteen 66venty Live.
Mayor Suarez: it is the last rerna hIbR...
Mr. Dawkins: Seventy-five?
Mayor Suarez: ... scattered site that we have that its not yet Alef
construction now. The other one, Civic Center, I think we have the pfa-aaIe
requirements pretty well met right?
Mr. Bailey: We have Highland Dark too.
Mayor Suarez: Highland Dark.
Mr. Bailey: That still is not under, we're looking at that.
Mr. Dawkins: Mr. Bailey...
Mayor Suarez: And this is something we encountered and I want to tell rather
Barry and the committee, the Overtown committee, this is something we
encountered in 1985 that since 175, that not one unit had been built with
those funds and we've done pretty well on some other sites, but not Melrose.
Unfortunately, which is really the most desirable site of all, so, Herb,
anything you can do to do this quicker or Mr. Manager, we'll call a special
session to approve the architects. I mean that...
Mr. Bailey: We'll bring it back as soon as possible.
Mr. Odio: We'll bring it back in September.
Mayor Suarez: Thank you.
Mr. Bailey: We'll bring it back first meeting in September.
Mr. Odio: The first meeting of September.
Mayor Suarez: Thank you.
Mr. Bailey: We'll bring it back the first meeting in September.
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athslie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
7. ADOPT INTERIM REPORT BY OVERTOWN INDEPENDENT REVIEW PANEL - regarding
recommendations on police -community relations - referred to Manager for
Implementation - request Manager to report back on issues which cannot
be implemented due to legal constraints.
Mayor Suarez: OK, report of the Citizens Independent Review Panel. I thought
you weren't going to be able to make it today, Father, but I see that you're
here.
Father Richard Barry: You ready for us?
Mayor Suarez: Yes.
Father Richard Barry: I want to begin first by saying that I did not realize
that this report would have gotten out before we had a chance to come before
you. But since it has sort of gotten out, I think a statement is in order
first concerning it. I want the City Commissioners, the administrative staff
of the City of Miami Police Department to realize that the time for
scapegoating is no longer a fashionable way to explain civil disorder,
injustice and the lack of economic development. We cannot afford the luxury
in this City of being reactionary. We've got to be creative. Having said
that, in my capacity as chairperson of the Overtown Independent Review Panel,
I am pleased to have the opportunity to present this report entitled, Findings
and Recommendations Concerning Police -Community Relations, an interim report.
This interim report is the product of the panel's deliberations over the past
several months which specifically focused on the state of police -community
relations in the Overtown area.
Mr. Plummer: Father, may I stop you for one minute, please. Mr. Mayor, I
guess I'm amazed, maybe I'm not. As we saw on television last evening, there
is a great deal in this report relating to the Police Department and I'm
surprised that the Chief himself is not here.
Mr. Odio: He had a problem... today is a very important conference, Miami -
Metro Action Plan...
Mr. Plummer: Mr. Manager, I can't believe that there's anything more
important than this report being discussed here today without his presence.
Mr. Odio: Fine, if you want to reschedule...
Mr. Plummer: I just find that amazing. I mean, if we're not going to just do
anything but accept the report and without the discussion, then that's fine.
But I don't think that's what we're here about today.
Mr. Odio: I thought that's what you were doing, to accept the report and...
Mr. Plummer: Well, if that's the case, Mr. Mayor - Father, what is your
intent?
Father Barry: My intent is to have the City Commission today, by resolution
adopt this report and to assign the specifics herein reported for
implementation of the recommendations, some of which would be assigned
principally to the Chief of Police under the supervision of the City Manager.
Mr. Plummer: Well, of course, that's what our charter provides. I guess -
well, but this report from what I heard, and I don't use the television as
gospel - but from what I heard, this report is critical of the administration
of the Police Department. I think the man should at least have the right to
defend himself or his department.
Mr. Odio: I don't...
Father Barry: Hold it, Mr. Plummer. This report is not critical of Chief
Perry Anderson.
Mr. Plummer: Of the administration of which he heads up.
Father Barry: Wait a minute now, wait a minute now. Chief Anderson has only
been on board six months?
Mr. Plummer: No.
Mr. Odio: Nine months.
Father Barry: Nine months.
Mr. Plummer: Yes.
Father Barry: What we are dealing with in the City of Miami is an ongoing
thing, something that he has inherited. You know, I want to say for the
benefit of the panel, that Perry Anderson does not and should not defend
anybody else's administration. What he ought to do is to digest this report,
take the positives from it and run like hell to implement it, you know.
Mr. Plummer: You don't feel it's necessary for the Chief to be here.
Father Barry: I think the Chief can get his instructions through the Manager
and I think that's the City's setup, isn't it? OK.
Mayor Suarez: Father, you kind of solved the problem for us when you said
that he ought to receive these recommendations, see the ones that can be
implemented and to use your expression, run like hell with them. I think that
the pressing nature of this is correct and yet - and it's clear to all of us
from the tone and from the specific recommendations but I also understand that
Commissioner Plummer, if you had not used that wording, would have thought
that having the Chief here to answer specific things that maybe cannot be done
in sixty days or maybe he doesn't agree with the recommendations, would make
sense, if you hadn't worded it the way you did. The way you've worded it, if
we approve it, I don't think we're saying specifically that every single
recommendation, every single critique is valid. But simply that, as a whole,
it contains so much that has to be done so quickly, that we ought to get it
into his hands and have response to you within the sixty days. And I mean
response not in words, but, hopefully, in action and implementation.
Father Barry: Yes, I want to recall for you again, my opening statement that
the time has come that the City of Miami can no longer scapegoat as a
fashionable way to explain civil disorder in gestures and lack of economic
development. That's my opening statement. It is the panel's desire that
every recommendation herein recorded should be given top priority. None of
this stuff has come about from us. What we have reported here is what we have
found from our reading of the various reports and from what we have heard from
those who have come before us. I think it's a terribly important document and
as I said, each item for implementation has been designated to someone under
the supervision of the City Manager.
Mr. Odio: I read the report and I said it in public, I said it again, I think
the tone was a good tone. It was not a critical report, I don't see it that
way. There are things there that we need to address and change if we can.
There are others that we might not be able to do and we would tell you that,
and why not. But most of the report, there are things there that we can do
and I agree that we should do.
Mr. De Yurre: I feel that one of the things that we need to do and I've been
hearing it time and time again, is to at least on a trial basis, if not on a
for a longer period of time - to open up that mini -station on a 24-hour basis.
Father Barry: Yes, but I don't want us to put this cart before this horse
now. I'm here to give you this report and I want you to listen to this and
see the perimeters...
31 July 130 1909
Mayor Suarez: Well, go ahead, Father, complete your presentation on the
procedural issue of Chief Anderson being here, let me say that I agree with
Commissioner Plummer that whatever it is that he had to do today would have
made more sense for him to be here. I just want to send that as a message,
perhaps, through the Manager to the Chief. Metro -Miami Action Plan is
important and all that, but that would have made more sense for him to be
here. You don't seem...
Father Barry: But, you know, you know, as you say that, just snake it clear
that that is your feeling and not the feeling of the panel. OK7
Mayor Suarez: Oh, I'm not speaking for the panel now, I'm speaking for
myself...
Father Barry: OK. OK.
Mayor Suarez: ... and I want to say that I agree with Commissioner Plummer.
Father Barry: OK.
Mayor Suarez: Go ahead, Father, proceed to complete your report.
Fattier Barry: OK. As I said, I want the Commission to know that the members
of the panel have taken very close to heart the City's mandate per resolution
number 89-84 and we are unified in our determination to thoroughly, to
investigate the causes and circumstances relating to the civil unrest and
violence which erupted in the Overtown community on January 16, 1989 and to
provide constructive observations and recommendations to the City Commission.
The interim report, presented here today contains fourteen findings and
fifteen recommendations regarding the organization, operation, and management
of the Miami Police Department in the context of police community relations.
The findings identify specific problem areas and the recommendations set forth
viable solutions and immediate action steps to improve the City of Miami's
effectiveness in the recruitment, selection, and retention of sworn police
officers and to enhance relations with the residents of Overtown. In specific
terms the report highlights the following problems related to police officer
recruitment and retention. One, the Police Department's failure to achieve
the 21 percent affirmative action goal for black sworn personnel and a
significant disparity which exists regarding black representation in the sworn
supervisory ranks of the Department. Number two, the Police Department's
failure to apply in a consistent manner, an objective set of uniform criteria
in the review and evaluation of police officer candidates. Number three, the
conduct of pre -employment polygraph examinations in a manner which is
improper, unprofessional and discriminatory, including the use of abusive and
confrontational techniques to intimidate applicants. Four, the pre -employment
psychological exam is used as an exclusionary device as opposed to an
investigative tool in the background review process due to the failure to
provide formal and ongoing training for background investigators in the
application and interpretation of psychological data. In addition to these
problems in the recruitment, selection, and retention of police officers, we
have found that ongoing - that among those candidates who have successfully
completed the City's screening process, blacks do not fare as well as their
counterparts at the Police Academy. The panel finds that black police officer
candidates are washed out of the academy in alarmingly high numbers compared
to other ethnic, racial groups. By way of illustration and as a point of
clarification relative to the report, during the period from February 1974
through May 1989, black police officer candidates enrolled by the City of
Miami comprised some 46 percent of the total candidates who terminated from
the academy for various reasons. While whites were 17 percent and Hispanics
comprised some 37 percent of those terminated. Moreover, statistics
demonstrate that 33 percent of all black police officer candidates terminated
from the academy during this period, compared to 13 percent of whites and 14
percent of Hispanics. In view of these rather significant findings and
observations, the panel has developed a very specific set of recommend atio.ne
which are fully reflective of our view that immediate and dramatic action must
be taken in the efforts to improve relations between the residents of Overtown
and the Miami Police Department. The recommendations address several specific
areas of Police Department policy and procedure relative to recruitment,
selection, retention and training and deployment of police officers. In
addition, the panel is recommending that the City of Miami create a permanent
independent citizens review board with full subpoena power, an investigative
32
July
13,
1989`
staff and other essential resources necessary to adequately investigate
complaints made by private citizens against police officers and other
municipal employees. Such a board is clearly necessary to ensure and restore
public confidence in the integrity and fairness of investigations resulting
from citizen complaints. Nov probably, the most significant recommendation in
the report is our request that the City Commission formally accept this report
through the adoption of a resolution. Moreover, as set forth in the report,
the overall responsibilities for the implementation of all the recommended
actions to the City Manager and require the submission of written status
reports to the City Commission and the Overtown Independent Review Panel on a
monthly basis. We ask that you please note that the report includes
recommendations for the assignment of specific departmental responsibility to
ensure accountability for the implementation of the various action items. The
reason we did this was to make sure that there would be no scapegoating.
Assigned a person responsibility and hold them accountable for implementing
the desired action. If you look on pages 23 and 24 of the report - I would
assume you have those - we are dealing with item 15 here and on page 24, the
assignment, the recommendations and the assignment and the timetable there,
that is what we want you to adopt by resolution, item 15. Of course, I'm sure
all of you have read this report. In closing, I want to express my sincere
thanks to the City Manager, to the City Attorney, to Ms. Angela Bellamy, the
City Manager's staff, Dr. Hattie Daniels, Director, Department of Internal
Audits and Review; Mrs. Pamela Burns, the clerical support staff from the
City, Cindy Fonsea, Maria Alonso and Mattie Rodriguez. I tell you City staff
and personnel I think are without equal. You have some fine people working
here and without their assistance, we could not have achieved and done what we
have been able to get accomplished thus far. I want also to advise the City
Commission that with the issuance of this report, the panel will now turn its
attention to the broader social, economic., and political issues which impact
the viability of Overtown. Through a thorough review and inquiry into these
matters, the panel will prepare its final report to be issued later this year
which will outline an action plan for the development and implementation of
coordinated programs to address the consequences and results of conflict and
to promote inter group understanding in Overtown. I want to thank you for
your time this morning and attention and I will welcome the opportunity at
this time to respond to any comments or questions from the Commission.
Mayor Suarez: Father, the thrust of the report is police community relations.
Will there be a second facet of the report or your concentration on issues
affecting economic development and economic opportunity aspects of our concern
as to Overtown and other parts of the City of Miami?
Father Barry: Yes, this is just an interim report. If, and we trust that you
will, adopt this report, specifically recommendation 15. We will have an
ongoing study of the community relations with the Police Department and we
will turn our attention then to the economic situation in our City. We have
some questions we really need to address which impinge very heavily on
Overtown.
Mayor Suarez: Anything from the Commission? If not, I'll entertain a motion
that we accept the recommendation. Commissioner Dawkins.
Mr. Dawkins: Father Barry, what was the charge from this Commission to the
panel?
Father Barry: The charge from this Commission to the panel?
Mr. Dawkins: Yes, sir.
Father Barry: I'll have to go back and read the resolution.
Mayor Suarez: As you understand it, Father.
Mr. Dawkins: No, just as you understand it.
Father Barry: Was to investigate the situation in Overtown that lend itself
to the kind of civil unrest that we've had in Overtown.
Mr. Dawkins: For my clarification, point out to me how the Commission arrived
at the point that the selection, retention, and training of police officers
will do what you just said. Because that was one of your recommendations. I
need to know, please.
33 July 13, 1989
Father Barry: OK. Part of our problem in Overtown is, or has to do with, how
citizens in Overtown are treated by the authority. We must remember that
police officers in our society do represent the authority. When citizens are
not given a fair hearing, when persons apply to become police officers and
because of their race are not treated fairly, then we have a problem. We have
a problem.
Mr. Dawkins: All right, the second thing is, Mr. City Attorney...
Mr. Jorge Fernandez: Yes, sir.
Mr. Dawkins: With the acceptance of this report, does the review panel
immediately go out of existence or is it still funded or is it still in
existence?
Mr. Fernandez: It continues in existence. Its existence was not
predetermined by you when you established them. They have just reported to
you that they feel they have another portion of their mandate still to fulfill
which is to come back to you with the second and f inal report. And they'll
remain in existence until such a time as they either tender to you their
existence or you take it away from them.
Mr. Dawkins: Father Barry, what kind of money will you need for the - from
today, you feel, off the top of your head, to accomplish the - to feel that
the mission is fulfilled?
Father Barry: I think I would have to sit down with the panel and the staff,
Commissioner Dawkins, to do that. I think that there are some people who are
better qualified to talk about dollars than me.
Mr. Dawkins: The only thing is that I suggest that as you sit down and talk
with whomever you talk with, that you ask the Manager to have somebody there
from his staff to alert you that these funds are or not available.
Father Barry: Yes, we'll do that.
Mr. Dawkins: Thank you. No further questions.
Mr. Plummer: The only question that I have, Mr. Mayor, the resolution which
would be offered is item 15 as I understand it. This is a far reaching
report, I have no problem with accepting the report, I have no problems with
the Manager assigning individuals, as a matter of responsibility, to look in
and to recommend back to this Commission as far as implementation. But I
don't think that I'm in a position right now to vote that every item in this
report is to be implemented without the Manager going through the report,
assigning responsibility and reporting back to this Commission.
Mr. Dawkins: J. L., we also have to bear in mind and have the City Attorney
rule fourteen cannot be done according to the courts. The Police Department
went to the court.
Mr. Fernandez:
The last word has not been spoken on this, as they say, the
t
fat lady has
not sung. We are appealing the decision of the lower tribunal
=
that, in fact,
did not enforce the subpoena of the committee unto individuals.
We are in the
process, together with counsel for the Independent Review Panel,
to take this
on to the appellate level because we feel confident that the —
grant of subpoena powers from this Commission to the Independent Review Panel
was proper and
legal.
Mr. Dawkins:
OK, all right then, if we accept this, then we have to accept -
l# y
this with the
understanding that we will be governed by the decision from the
courts.
vrr
�#
Mr. Fernandez:
Of course. We all understand that it's to the extent
i
permitted by law.
'
Mayor Suarez:
That's a good clarification. -
Mr. Fernandez:
Yes.
Mayor Suarez:
Helpful clarification,
t
34 .duly 43, 1989
F:
i
Mr. bawkins: OK, thank you Mr,.:...
Maybr guarati Commissioner kange or anyone else. I'll entertain a #notion of,
the t6toft6ftdations,
Mr. Plummer: I only have one other question.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Father, on page 24, you show the timetable for implementatiah
effective date.
Father Barry: Um hum.
Mr. Plummer: And just using the City Commission, item 11, you do show on that
a- I guess it's 90-days or roughly 90-days, a little less than 90-days, two
and a half months - but item fourteen effective 7/13/89, what do you mean by
that?
Father Barry: Item fourteen.
Mr. Plummer: Item fourteen. Recommendation fourteen. Are you talking about
that that would be adopted today?
Father Barry: Well, of course, you know this depends on what happens in the
courts.
Mr. Plummer: And - well, the Mayor's office - let's use that one on fifteen,
effective today.
Father Barry: Well, it is our hope that you will adopt that today.
Mr. Plummer: You're talking about...
Father Barry: This resolution today.
Mr. Plummer: ... the City Commission rather than the Mayor's office.
Father Barry: Yes.
Mr. Odio: Well, Mr. Mayor, what you're doing today is accepting the report
but not adopting the report. It's a big difference.
i
Mr. Plummer: If that is the case, I have no problem on voting of accepting
r
the report and asking you, the Manager... -
I P
Mr. Odio: To recommend...
Mr. Plummer: ..to assign people to investigate, look into and recommend
back to this Commission at the earliest date, your recommendations and what
you think is necessary that can and...
yF
Mr. Odio: The first meeting of September.
k< .
Father Barry: No, no, no, Mr. Commissioner, we're asking more than the -
acceptance of this report. We're asking you, by resolution, not only to
rt s;
accept it, but to accept, as best you can, the timetable on page 24. We do
not, again, we do not wish to have any more scapegoating. What we want is to
assign the task for implementing as best we can. -
Ni
Mayor Suarez: Yes, we got an answer on that from the Manager.
R- .
ar-
Mr. Plummer: I agree with that, yes.
Mayor Suarez: And to I don't think we have much difference there. I think
that the time for implementing has come and I think that's what your request
is.
Bather Barry: That's what I'm requesting, sir.
Mayor Suarez: Commissioner, all of it is subject to the Manager's
supervision. It's got to be, because that's our charter. We cannot say to
him now, I guess Father you understand that, we want a particular department
head to handle a particular thing but this is a recommendation that we
strongly endorse and the Manager, I think, generally agrees with your
selection of the people that will have ultimate - not ultimate responsibility,
but initial responsibility for implementation.
Mr. Odio: No, no, that - see, that's why you're not adopting a civilian
review board or anything like that.
Mr. Plummer: That's one of the recommendations.
Mr. Odio: They recommend that we have to look at that and that you have to...
Mr. Plummer: But, OK, that's what I'm trying to make clear for the record.
Mr. Odio: You would have to vote on it. We, to create something like that.
Mr. Plummer: But are we doing such by accepting this report for
implementation?
Mr. Odio: Not as I understand it.
Mr. Plummer: That's the question I'm asking for the clarification.
Father Barry: Listen, there is some leeway. The panel and some of the
members are here, are not so foolhearted as to think that you can do something
like the citizens review panel overnight. Now, we know the opposition to that
but we stand by the recommendation that this ought to be a major and strong
consideration.
Mr. Plummer: Father, my problem is I guess mechanical. By accepting this
report, because of the word that I see implementation, that would indicate to
me that everything in this report accepted is to be implemented. That's
not...
Mr. De Yurre: What I would like to see, J. L., why can't we have the panel...
Father Barry; No.
Mr. De Yurre: ... over the next 30 days sit with the administration and hash
things out and come back in 30-days with something that is doable for the City
and that it's a - that the panel can go along with. -
Father Barry: I think the City Manager has a good grasp of where we're trying _
to go. I think it would not serve any purpose for us to negotiate these
recommendations.
Mayor Suarez: And by the way, Father...
Father Barry: What you cannot implement, let us know and perhaps we'll go at
it another way.
Mr. De Yurre: Father, I'm not talking about it as far as negotiations, I'm
talking about clarification, information, things that you may be aware of
that...
Father Barry: OK.
Mr. De Yurre: ... the administration may not be aware of and you can shed
some light as to the whys...
36
July
13
1909 -
f
Father Barry: OK.
Mr. De Yurre: ... you're proposing these things.
Mayor Suarez: Well, the Manager has stated that he has, at this particular
Point, no further clarification needed and he's ready to implement, but
Commissioner Plummer has asked about the recommendation and the Independent
Review Panel. I don't see that contained at number fourteen. What I see
contained in number fourteen is - at least for the present - the full powers
that we intended to vest in your ad hoc panel of subpoena, Commissioner
Plummer, so I don't think at this point that is one of the recommendations
that we're acting on, the Independent Review Panel on a permanent basis,
although by trying to carry out the powers that we meant to give to the ad hoc
panel, we are, in effect, saying that the City can do this if we seek to do it
on a permanent basis which I believe we should. But at this point, I think
fourteen is basically that we continue the battle on the issue of the
subpoenas for the ad hoc panel.
Mr. Dawkins: I would like to move that we...
Mr. Plummer: I have no problem with that.
Mayor Suarez: OK.
Mr. Dawkins: OK, well it's already moved then. OK. What I think what I'm
hearing is from Father Barry, that those we can do, we state we can do them.
And those that we can't do, we express that we can't do and then he can go
back to the community and tell the community, this is what they're going to do
and this is what they aren't going to do. So what. That's all he's asking.
Father Barry: Yes, that is totally separate.
Mr. Plummer: If I'm not mistaken, item 11 of the recommendation is the
civilian review panel.
Father Barry: That's right.
Mayor Suarez: OK, maybe I was focusing on fourteen instead of eleven.
Mr. Plummer: OK? That's why I'm asking for clarification.
Mayor Suarez: I found out, that one, by the way - if I may interrupt,
Commissioner Dawkins - that one, by the way, we're going to need input from
the City Attorney's office. I understood that they were all kinds of
potential problems with the Policemen's Bill of Rights, etcetera, etcetera,
and so I do want to put in the record, I support it in concept and I gather,
if the Commission votes for them, that we support it in concept, but we do
have further legal maneuvers to solve on that as we do as to the ad hoc panel
because of the subpoena powers.
Father Barry: Let Mr. Crapp further explain.
Mr. Dawkins: OK, before you do that, let me see...
Mayor Suarez: Commissioner Dawkins
Mr. Dawkins: ... is there a motion on the floor?
Mayor Suarez:
Mr. Dawkins: All right, I move that we accept this in principle. That we
refer it to the Manager and that the Manager come back in 30 days, have him
worked out whatever is to be worked out with the review panel Tellin the
, g
review panel the things that can be done and can't be done and at that time,
let the review panel make a suggestion to us as what's what. Because if we're
going to sit here and try to go through each one of these one by one, and you
still got to get of some kind of a recommendation from the Manager. So I
would move that it be going to the Manager and that in 30 days you come back
to us and tell us what's possible and what's not possible.
days? If so, we need to consider that 30 days hence we will not bt in
session.
Mr. De Yurre: First meeting in September.
Mr. Odio: It would have to be the first meeting of September.
Mayor Suarez: I have to make a substitute motion.
Mr. Dawkins: Go right ahead, Mr. Mayor.
Mayor Suarez: I move the adoption of the recommendations and referral to the
Manager for immediate implementation to the extent that is within the law, of
course, and any problems that he may have with some of the recommendations,
that he get back to us in due time and I so move as a substitute motion.
Mr. Fernandez: Point of clarification, Mr. Mayor. By adopting, rather than
accepting, the word adopting entails that you have made yours, the committee's
report, and that it is your express policy decision to instruct the Manager...
Mayor Suarez: Right.
Mr. Fernandez: ... these points, as if they were yours.
Mayor Suarez: Right. As to the recommendations, now, I have later to make a
statement on one of the findings, but as to the recommendations, I so move.
Mr. Dawkins: I'll accept the motion if the seconder to my motion will second
the Mayor's motion.
Ms. Range: May we have further comment on that?
Mr. Dawkins: No, ma'am, I just said that I'll accept the Mayor's
recommendation as to the substitute motion for my amendment. But I will only
do so if the seconder to my motion will second the Mayor's motion.
Ms. Range: I will second the Mayor's motion also, but, again, for the sake of
discussion.
Mr. Dawkins: I withdraw my motion in favor of the substitute motion.
Ms. Range: The discussion is, we continue to say a 30-day period. I feel
that this item is sufficiently important so that we would put forth a special
effort on it and within two weeks, rather than 30-days, again on the 27th,
that this would be placed on the agenda for full clarification and passage of
those items that can be accomplished.
Mayor Suarez: Could you restate that, I'm sorry?
Ms. Range: Yes. It's only a difference in the time limitations. We said 30-
days, I feel that this is sufficiently important, that it should be thoroughly
studied and brought back at the next Commission meeting which is the 27th. —
Mayor Suarez: Particularly as to any items that could create a legal problem,
I guess is the implication that you're saying, or other objection from the
Manager's office or from the administration. I have no problem with that.
Mr. Plummer: Mr. Mayor, just for the record...
y
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: I have a problem with the implementation today. This is a far
reaching report. It's not just a single segment of this City involved, it's
not just the Police Department, it includes personnel, it includes what we
have been going through in testing. It has been what we have been going
through in hundreds of thousands of dollars of studies and in implementation.
I would be comfortable, as I said before, that we accept this report, we send
it to the Manager, he assign people to bring back to this Commission in 30-
days, those recommendations that he has that are within the framework of the -
law. I don't mind stating publicly that I do have a problem with a civilian
review board. By your motion, I would have to vote to implement a civilian
review board without any known factors; what constitutes that board, its
38
July
13,
1909
r
authority or things of that nature. So, my negative vote on your motion is
simply because I think there is the need of input by the Manager to report
back to this Commission in 30 days and then this Commission will have the time
to digest those and to make recommendations to accept or reject. But I cannot
vote that we implement every item of this agenda today.
Ms. Range: Mr. Mayor...
Mayor Suarez: Well, on the citizens review panel, if I may, Commissioner
Range, it is clear that we may - what - sort of contradicting myself here in
the wording - it appears that there are possible conflicting legislative
requirements under the Policemen's Bill of Rights and otherwise and, of
course, we have one pending issue as to the ad hoc panel on subpoena powers.
Mr. Plummer: Mr. Mayor, I'm well aware of that...
Mayor Suarez: All of that is subject to getting, within the legal constraints
as the law now reads, that we would try to set up an independent review panel.
As a policy matter, we can state that we'd like to have one, we'd like to have
one that is very similar in function to the Overtown panel but that we know
that there are legal constraints and that we must get further input from the
City Attorney's office and the Manager's as to those legal constraints and act
within those.
Mr. Dawkins: And all of that can be done in two weeks instead of thirty...
Ms. Range: Mr. Mayor...
Mr. Dawkins: ... now, all that can be done in two weeks instead of 30 days, I
have to agree.
Mr. Odio: Can I, can I - maybe...
Ms. Range: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Range and then Mr. Manager's going to want...
Ms. Range: Unfortunately, we as a group of citizens must take into
consideration the fact that this appears - and I'm sure it's not within your
hearts to do it this way - but it appears to be going back to the old times
when we begin to make promises and innovations and then come to a certain
point and I'm sure we're not trying to find excuses, but I think something
definite needs to be done and I don't think we can afford to go beyond a
period of time. I don't think we can afford to send this committee back, who
has worked so hard on this report, with the uncertainties that I'm beginning
to hear here. I think we need to accept the Mayor's motion or his amendment
+
to Commissioner Dawkins' motion. Go with the two weeks and put forth every
effort to accomplish all that we can possibly accomplish within the two weeks
time. We're in critical times here in Miami without bringing up any of the
recent happenings. I think the more rapidly we can clear this up, the better
off we'd all be.
Mr. Plummer: Excuse me, Ms. Range, if what in fact, I'm hearing two stories
here. I have no problem with the two weeks if the Manager can come back to
this Commission within two weeks. But as I understand the Mayor's motion, —
accepting those legal things that are yet to be determined, is implementing
today, it's not two weeks. And that's where my problem is.
Mayor Suarez: Well, within the timetable specified.
Mr. Odio: Why don't I...
-t
Mayor Suarez: Not today, but adopting it today. Yes, Mr. Manager.
Mr. Odio: Look, I said I read the
recruitment. We are striving for the
can come back on July 27th...
Mayor Suarez: You have not told us of anything
done, frankly, I mean, Mr. Manager, you are,
recommendations as doable...
39
report. Item one, for instance, is
21 percent - there are things that we
that you don't think can be
in effect, endorsing the
Mr. Odio: I want to...
Mayor Suarez: If you have some that you don't think can be done in the titae
specified or with the legal constrains we have, you report back to us ift two
weeks.
Ms. Mange: That's right.
Mr. Odio: If there are things that we want to do, we can...
Mr. Plummer: Reporting back in two weeks, that's fine. I can vote with that.
Mr. Odio: I have no problem with it.
Mayor Suarez: OK.
Mr. Odin: See, I have no problem coming back in two weeks and I'll tell you
in two weeks, yes, we're going to implement this...
Mayor Suarez: Right.
Mr. Odio: ... I recommend we do. This is something you have to decide,
Commission, you tell us and...
Mr. Plummer: I can agree with that, Mr. Mayor.
Mayor Suarez: I think that's as good a compromise as we can...
Ms. Range: That's all I'm saying, yes.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Range: Um hum.
Mayor Suarez: Adopting, adopting. That's the motion to adopt.
Mr. De Yurre: But, what does that do...
Mayor Suarez: But subject to the Manager coming back within two weeks on any
thing that he feels cannot be, in fact, implemented within the timetables
specified or with the legal constraints that we now have.
Mr. Odio: If you leave that window open, in other words, there are things -
that we cannot adopt. I will tell you why and then you decide if you want to
or not, but don't close yourself to adopting something you might not be able
to legally or otherwise.
Mayor Suarez: Because there are many, many things he can begin moving on
right away. In fact, he's already moving on some of them right away and he...
—
Mr. Plummer: But you're saying is that in two weeks that the Commission will -_
have another bite at the apple to discuss this matter as to whether or not
these things are doable, feasible and... -
Mayor Suarez: Legally possible.
Mr. Plummer: Yes, OK.
Mr. De Yurre: The ones that the Manager finds that there may be some problems -
with.
',.
Mr. Odio: You decide then what you want to do.
a
?:ay
—
Mr. Dawkins: Well, I'll be voting on anything that's not illegal. Tel you
>'
when you come back to me, OK?
ter.
UNIDENTIFIED SPEAKER: Anything.
Mr. Dawkins: Anything that's not illegal got my vote. See, I don't need to
sit up here, as Mrs. Range say, and send funny signals to nobody. OK? You
need to know from now that anything in this report that's legal, you got my
'-
support on the 27th.
x.,
kQ July 13; 19�9
fi
z
Mr. Plummer- Let the ask a question of the City Attorney. You heard the
motion of the Mayor.
Mr. Fernandez: Yes, air.
Mr. Plummer- Is it your understanding of that motion that if passed today,
that that is the meaning that there will be a civilian review board?
Mr. Fernandez: That this City Commission has adopted and it is your policy
that the administration and the City Attorney's office will do everything in
its power, subject to the law as it is today, to have a civilian review board,
yes.
Mr. Plummer: Then I can't vote.
Mr. De Yurre: Subject to the Manager's recommendation.
Mr. Dawkins: And our approval. It still hasn't...
Mr. Fernandez: No, no, no. There is no man... I didn't understand that,
Commissioner De Yurre.
Mr. De Yurre: No, if the Manager comes back and says this is not doable for
whatever reason, you know, it will be.., it'll come back to us.
Mr. Fernandez: Is that what you mean, Mr. Mayor?
Mayor Suarez: Yes, if he tells us it's not doable within two weeks, I can't
imagine that we'll be able to act on it anyhow, so, I mean, I don't see any
problem with that.
Mr. Odio: Let me give you an example, when...
Mr. Plummer: The point I'm trying to make, please - the point I'm trying to
make is that it is my understanding that if the Manager doesn't come back in
two weeks for whatever his reasons and state that a civilian review board is
not doable, then it's automatically assumed and would proceed to establish a
civilian review board.
Mr.
Odio: No,
I cannot do that in two weeks.
Mr.
Dawkins:
No, I don't see it like that.
Mr.
Plummer:
OK, well...
—
Mr.
Dawkins:
I see it like this. That the Manager...
:f
Mr.
Plummer:
OK, well, I'm trying to find a way to vote
for this report.
Mr.
Dawkins:
OK, OK, no, no, - well, look fine. But
I'm trying to explain
why
I'm voting for it. OK? What I'm saying - I hear
is, with the civilian
_
review
board,
the Manager will look at it and then the
Manager will discuss
with
them and
then they will come up with a recommendation to us.
Mr. Plummer:
That's fine.
Mr. Dawkins:
That's what it is
and we have to make it a law.
The only law
-4
made is by this Commission.
Mayor Suarez:
That the specifics of the civilian review board
will have to
be...
Mr. Dawkins:
Worked out between
the Manager and them.
.;
Father Barry:
Yes, yes, yes.
Mayor Suarez:
Yes, will have to
be cranked up or formulated by
the Manager's
office within
the requirements of
the law and, yea, we will have...
Father Barry:
That's right.
.'
Ally,;'
Mr: Odiox We also have contractual obligations with the unions.
Mayor Suarez: The motion accepts the concept in principle but we will have
another quote, unquote, bite at the apple as to the specifics of it, thete4s
no doubt about it. There's no way we can implement it...
Mr. Odio: See, we do have contractual obligations that I have to look at...
Mayor Suarez: Yes, that's why we have to get back to us on the legal
constraints, both as to state law...
Mr. Fernandez: Labor.
Mayor Suarez: ... and contractual agreements with the unions. Although, let
me just state for the record, for myself contractual agreements with the
unions can be changed around the time of the extension of contracts with the
unions and so if those were a constraint, that would not hold me back from
supporting the concept. I just wanted to tell you that, Father.
Father Barry: Thank you.
Mayor Suarez: In fact, state law is not a constraint for me in the sense of
trying to change state law too, but I - that's something longer range,
obviously.
Mr. Plummer: OK, just to make my vote clear on the record, it is my
understanding in voting affirmative for this action today, this motion before
us, I still retain the right to vote yes or no on a civilian review board.
Mayor Suarez: I think as to the specifics of it for...
Mr. Plummer: OK.
Mayor Suarez: I think as to the principle, we've approved it in principle
with this motion. That's my understanding of the motion.
Mr. De Yurre: We have any further discussion? Call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption: -
RESOLUTION NO. 89-638
A RESOLUTION ADOPTING THE INTERIM REPORT OF THE
OVERTOWN INDEPENDENT REVIEW PANEL IN REGARD TO =
FINDINGS AND RECOMMENDATION'S CONCERNING POLICE -
COMMUNITY RELATIONS AND REFERRING SAID REPORT TO THE
CITY MANAGER FOR HIS IMPLEMENTATION; FURTHER DIRECTING
THE CITY MANAGER TO REPORT TO THE CITY COMMISSION AT
ITS MEETING OF JULY 27, 1989 ON THOSE ISSUES THAT
CANNOT BE IMPLEMENTED BECAUSE OF LEGAL CONSTRAINTS.
(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 Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Y
NOES:
None,
,l
ABSENT:
None.
s}1
Father Barry: Thank you very kindly.
Mayor Suarez: One comment on a finding,
Father, and it
may be aattex of
}ti
wording, I
do want to say that I don't
agree with the
wording of finding
42
July 13, 198�
n
5j} r
1y
number three. it says, "...a dual system of justice prevails in the 1461►i-
Dude area in Which blacks continue to receive unequal treatment at the hands
of law enforcement personnel." I believe in the City of Miami we have ihade
great strides and it would be an unfair statement to say that a dual system of
Justice prevails. I don't comment for the county. I have a lot of probleflss
with some of the things happening in the county. I have a lot of problerihs
with the speed of promotion of minorities, the speed of hiring of minorities,
the responsiveness of the higher level ranks in the Police Department of the
county and many, many other things that you refer to in your report. But to
say that in the City of Miami is a dual system of law enforcement, I think, is
an unfair characterization. I think there are specific instances that might
lead a lot of people to perceive it that way and we're trying to deal with
those, obviously and the one in Overtown is precisely one of the most blatant
of those, let's say. But...
Father Barry: Well, Mr. Mayor, one of the things..,
Mr. Dawkins: Wait, hold it, wait a minute.
Mayor Suarez: I just wanted to put that on the record.
Mr. Dawkins: I would have to personally put on the record that there's
institutional racism in the United States of America.
Ms. flanges Uh huh.
Mr. Dawkins: That includes State of Florida...
Father Barry: City of Miami.
Mr. Dawkins: City of Miami and Dade County. If you do not believe that there
is a dual system within the United States of America, take the present case of
Alcee Hastings and then look at it in the same terms of Meece, who was
Attorney General. He committed crimes and his peers say, "Oh, no, it was not
intentional. He is not guilty because he did not intend to do wrong." And
they let him off the hook. Now Alcee Hastings was tried and cleared by his
peers and yet this dual system that I'm speaking of prevents him from going
free and I would have to agree with you wholeheartedly, there's institutional
racism practiced in the United States and there is some within the City of
Miami.
Father Barry: Yes, thank you.
Mr. Plummer: Yes, isn't it amazing with Alcee Hastings, that they waited
eight years to do something at a second time which I think is absolutely
double jeopardy. That man is standing there in...
Ms. Range: Limbo.
Mr. Plummer: ... all defense of legal expenses that he can't afford and I
tell you, as far as I'm concerned, it's wrong, very wrong.
Father Barry: Well, that's just symptomatic of whole of American society.
And that's what we've been trying to say to you. Thank you.
Mayor Suarez: Thank you for the report and the recommendations and the fact
that they're so specific and so, in fact, indicating departments that should
act on them is very helpful to us and, I think, to the administration as
indicated already by the Manager.
Father Barry: Thank you very kindly.
s:
�tf
1iq
VM
4� K
43
� �i
OW 000�
r�.—Y—rrr.r--r—rr—err.nYr--rrr--r—rrrYrrr...rrr--.�rrr—r—rw.rYr�.rar.LrY �.
1.1 DISCUSS AND WITHDRAW CONSIDERATION OF PROPOSED EXECUTION OF EXTENSION OF
LEASE AGREEMENT WITH AMERIFIRST BANK.
Mayor Suarez: Item number four.
Mr. Jorge Fernandez: Yes, Mr. Mayor, this is the item whereas I have been
telling you for the past several months, the lease in the building, our lease,
the Law Department's lease, is really up for renewal either by way of an
extension...
Mayor Suarez: Couldn't you keep this on a month to month basis for a couple
of months to see...
Mr. Plummer: No, I think we ought to move them into the Camillus House.
Mr. Fernandez: I agree.
Mr. Plummer: We own it. Let's put them in there.
Mr. De Yurre: I feel, Mr. Mayor, that we have to defer that until we make a
final decision with the...
Mr. Fernandez: I have no problem.
Mayor Suarez: Can you stay on a month to month?
Mr. Fernandez: Well, for the time being, yes.
Mayor Suarez: Or a tenancy at will or tenancy at sufferance or whatever you
call it now.
2
- Mr. Fernandez: AmeriFirst is being very gracious, yes.
Mayor Suarez: So...
8. CLAIM SETTLEMENT: AMADA HENRIQUEZ ($39,000).
-
Mr. Fernandez: Mr. Mayor, if I may then impose on your good graces at this
_
time, there is an item of great urgency in the Law Department which is a
settlement which is being distributed to you right now, that we have reached a
very favorable settlement with this party, plaintiff, and one of the
=
conditions is that we would get your approval on it. It's for an amount of
$39,000 in a case where, in our opinion, without, of course admitting
liability...
Mayor Suarez: How did you sneak this item into the discussion, Mr. City
Attorney, if it's not on the agenda?
Mr. Fernandez: It certainly...
Mayor Suarez: Do you feel it is a matter of urgent necessity, its that the
idea?
Mr. Fernandez: Yes, and I'm imposing on your good graces.
Mayor Suarez: I see Mr. Clark smiling back there.
Mr. De Yurre: Does that mean you need four —fifths or what?
Mx. Plummer: I think the rule of the Commission is this comes at the end of
the agenda, that no items will interfere.
44' Judy 1 149
K ;
Mt'be 3turre: i4all, to avoid further d ecustitm$ p1l just � it "ti tat'e
go.
Mr. Dawkins: Second,
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion on this itetnl i trot, call
the roll.
i
° The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-639
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO AMADA HENRIQUEZ THE SUM OF $39,000.00, WITHOUT
THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON EXECUTION OF A RELEASE,
! RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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
k., Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None. r
s:
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
_.4
Mr. Dawkins: This is with the management - with your recommendation. '
Mr. Fernandez: Yes, it is, certainly.
Mr. Plummer: I haven't read it and if you want my vote, I'm entitled to at
least read it.
Ms. Hirai: Yes, sir.
Mayor Suarez: The item is tabled and I will ask the movant to please withdraw
so that Commissioner Plummer has at least time to consider it.
Mr. Dawkins: Second.
Mr, Plummer: I vote yes.
Mayor Suarez: There we go.
Mr. Plummer: With protest.
='
s
COMMENTS MADE FOLLOWING ROLL CALL:
.,.
}`.
Mayor Suarez: Mr. City Attorney, I hope
you don't try to put leases
for consideration...
your beta
Mr. Fernandez: I won't.
Mayor Suarez: ... and when we don't y peas
on your lease, instead come up with '
a settlement of a case that we haven't had
a chance to look at, sir.,
q
x`
Ms. Hirai: Mr. .Mayor, i need a motion...
x
p A`
p r
3_
3 l f� iC'j4 I'i4t,{r � i.
,'.#•k
#��� 4� � @F
� 4
MIA
i k _
�I►
Maybe §uarelt $Ci I guess that's a by way of voting with A Ofottht t66 t6
follow fofiiiasione#lu[tet''e.
Mt- Dawkins- And all they'lre saying trb you is that - and 11% going to alit
ready to tell the Manager in a few minutes. tf you can't think far enbugh
ahead don't brie me this stuff. See the Manager
> g , g got sixteen emergencies
today...
Mr. Odio: No, we... s_
Mr. Dawkins; ... and it's not that many emergencies in the City.
Mr. Odin: No, we changed...
Mr. Dawkins: 8o don't you bring no more stuff like this as an etnergehey, OX?
Mr. Fernandez: Yes, sir.
Ms. Hirai: Mr. Mayor...
Mr. Plummer: Or it goes at the end of the agenda, if we have time.
Mayor Suarez: Yes, I voted yes, Madam City Clerk.
Me. Hirai: No, I know.
Mayor Suarez: With protest.
Ms. Hirai: We need a motion on the extension of the lease with AmeriFirst.
Mr. Fernandez: That has been withdrawn in essence.
Me. Hirai: Withdrawn?
Mr. Fernandez: Yes.
Me. Hirai: I'm sorry.
Mayor Suarez; The items withdrawn.
9. FIRST READING ORDINANCE: Amend 10577 which established new special
revenue fund: "EMS First Aid Resource Training (FY'89)" - Increase _
appropriated funds by $53,078 and change sources of funding.
---------------------------------------------------------------------------
Mayor Suarez; Item five, emergency ordinance.
Mr Odio• I'd like to chan a that fr At
g om emergency or nance to first reading, -
please, Mr. Mayor.
Mayor Suarez: OK,
the first reading on an ordinance which establishes a
special revenue fund
entitled EMS first aid resource training... _
Mr. Plummer: Move it. =-
Mr. Dawkins: Second.
_ x-
,;.
Mayor Suarez: ...increasing appropriated funds for the operation of ,same.:
{'
Moved and seconded.
Any discussion? If not, please read the ordinance,,.'
City Attorney. Call
the roll.
� G
V
3YY4tYjtn�y fi{
5��'SS
AN ORDINANCER ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10577, ADOPTED APRIL 27, 1989, WHICH ESTABLISHED A
NEW SPECIAL REVENUE FUND ENTITLED: "EMS FIRST AID
RESOURCE TRAINING (FY'89)0, BY INCREASING APPROPRIATED
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF
$53,078, AND BY PROVIDING FOR CHANGES IN SOURCES OF
FUNDING CONSISTING OF A $26,539 GRANT FROM THE STATE
OF FLORIDA-, DEPARTMENT. OF HEALTH AND REHABILITATIVE
SERVICES; $6,970 FROM FY '88-'89 GENERAL FUND:
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES;
$6,364 FROM INTEREST EARNINGS ON 1981 FIRE G.O. BONDS
(388002); AND $13,205 FROM INKIND MATCH OF SALARIES
AND EQUIPMENT; 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:
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.
10. FIRST READING ORDINANCE: Amend 10521 - Establish new Capital Improvement
Project: "Police Department 911 Emergency Backup Site" - Appropriate
funds.
Mr. Odio: Item six, Mr. Mayor, I'd like to change that to first reading.
Mr. Plummer: Let me ask a question. Why are we putting... it's my
understanding that the 911 backup is already in the County's facility out
there. Why are we putting a third backup?
Mr. Odio: I mean - ask the expert here.
Lt. Joseph Longueira: Commissioner Plummer...
Mr. Plummer: The backup to our 911 service in the Miami Police Department
today exists out at the Dade County center. All they got to do is flip a
switch. Now, why are we taking and putting a third backup? I mean, you're
talking about, you know, roughly a half a million dollars. Well, plus the
maintenance fees.
Lt. Longueira: Commissioner, as far as I know, this will enable us to
respond - to leave our department...
Mr. Odio: Let me suggest something, that you approve it on first reading and
if we don't get a right explanation, you don't have to pass it.
Mr. Plummer: OK, that's fine. On first reading, I'll move it.
Mayor Suarez: So moved. Do we have a second on item six?
Mr. Plummer: I withdraw my motion.
Me. Range: I'll second on first reading.
1'
41 Judy Is, 1989
Mayor Suarek: On first readii,g: Any discussion? If not - Co1msis&16h#r
DAwkiiih .
Mr. bawkins: Under discussion, I'td going to vote with the motion, but if ybu
do not justify a third backup, I'll be voting against it. So don't spend nn
money depending on my note.
Mayor Suarez: OK, moved and seconded. Any further discussion? if notj read
the ordinance on first reading. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10521, AS AMENDED, ADOPTED NOVEMBER 17, 1988, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT
ENTITLED: "POLICE DEPARTMENT 911 EMERGENCY BACKUP
SITE" AND APPROPRIATING FUNDS IN THE AMOUNT OF
$346,000 FROM THE EMERGENCY 911 SYSTEM SERVICE FEES
AND $52,800 FROM THE 1984 POLICE GENERAL OBLIGATION
BONDS, FOR THE PURPOSE OF PROVIDING UNINTERRUPTED
EMERGENCY SERVICES TO THE COMMUNITY IN THE EVENT OF
EVACUATION FROM ITS CURRENT LOCATION.
Was introduced by Commissioner Plummer 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.
t
---------------------------------------------------------
--------------- --
11.
EMERGENCY ORDINANCE:
Amend Code Section 22-12, "Solid Waste Fees", and
Section 22-28, "Waste
and Right -of -Way
Cleaning Fees" to reflect charges -
for Dade County scales fees and City
waste disposal fees - Provide for
revision and collection of fees.
—
ts
—
------------------------------------------------------------------------------
Mayor Suarez: Item seven.
'
Mr.
Dawkins: Wheeeet This
is a good one.
Mr.
Odio: Yes, air, I need
to keep it as an
emergency. We are...'._
Mr.
Plummer: Move it.
-
Mr. De Yurre: Whoa, whoa, whoa, whoa.
Mr. Odio: That is to protect us from
any increases
that comes from Dade s;
E,.
County in scale fees.
'
Mr. De Yurre: Well I understand the
,
theory, but I
Y,
,v
need ►°
you to walk me
through it.
Mayor Suarez: Yes, I'm going to be walked
through....
Mr. Odio: OK...
Mac. Dawkins: And run through, huh?
40 ,.:
Mayor Suarez: Have an inspection as we go through and otherwise consider
exactly what this means. More than just a walk through, a little tour maybe.
Mr. Odio: We're actually going to break the fees that we're paying the County
is eight and a half million dollars a year. We do not know at this time that
we have prepared a budget whether we're going to get an increase or not from
them. If we get an increase, we would probably - it would probably be the
range of one to two million dollars. We have no control over the costs that
the County passes on to us. None whatsoever.
Mr. Dawkins: Mr. Manager, I say - oh, I'm sorry...
Mr. Odio: Yes. No, what I was going to say is what we're doing here is if we
do get an increase, you would automatically pass it on to the users and we
would show in the bills a breakdown that is because of County fees and not
City fees.
Mr. Dawkins: See, I understand what you're saying and when you do it, you
better put on a waste bill that the citizens receive what it is, see...
Mr. Odio: That's the sec...
Mr. Dawkins: All right, now, but I still say as I say all the time, every
time the County wants something, the County comes here and we jump through the
hoop. But nobody never goes back to the County telling the County we
cooperated with you three times, you have never cooperated with us. You know,
back off, and give us a break. Somewhere along the lines, we need to go to
the County and tell the County of the many things that we do and they just
shouldn't rip off the citizens of the City of Miami for this when everybody
who lives in this City pay County taxes which are part of that county taxes
goes to the garbage department. So this really should - to be taken up with
the County and the Manager should be directed to go before the County
Commission and explain to the County Commission that we think it's unfair and
that they should consider - not stopping it here, withdrawing the whole thing.
Because every time I look, you're giving something to the County. But we
don't get nothing in return.
Mr. Odio: Well, if they don't increase the fees, you understand there's
nothing that we...
Mr. Dawkins: No, that's a lie. You see, and that's the part that I think the
Mayor's got a problem with. If we pass this right now and you tack it on to
the bill and I will get to this later on in this meeting, and you collect this
money, you aren't about to give it back to the citizens because you won't be
able to find it, see?
Mr. Odio: No, no, I didn't...
Mr. Dawkins: And that's where everybody got a problem.
Mr. Odio: No, no, you didn't let me finish, Commissioner.
Mr. Dawkins: OK, go ahead.
Mr. Odio: What I'm saying is, if they do not change the fees that they're
charging us for the scales, their transfer fees, there would be nothing passed
on.
Mr. Dawkins: All right, then see...
Mr.
Odio: But if
all of a sudden,
next month they increase the tonnage cost
for
us, there will
be no recourse.
We have to pay it. And it will come ....
Mr.
Dawkins: All
right, well then
why don't you say then, we will wait until
they
raise it?
?.?
Mr.
Odio: Because
by that time, it
will be too late.
Mr. Dawkins: No, well, how is it going to be too late if you don't need it?
Odio: Commissioner, it's your choice.
49 July 13, 19$9
Mayor Suarez: Don't you want to walk through some more or is your walk
through completed, Mr. Vice Mayor?
Mr. De Yurre: ... a lot of walking. Have we discussed that the fact of
maybe, you know, separating paper from the rest of the garbage that would have
saved...
Mr. Odio: We are doing that, you'll see a recycling program that will be lit
effect next year which, in fact, will save monies to the City.
Mr. De Yurre: How much do you think it would save?
Mr. Odio: We're shooting for - the goal is $500,000 a year, the first year.
Mayor Suarez: The requirements are by the year...
Mr. Odio: That's still, that's still...
Mayor Suarez: By the year what, Mr. Manager, that 30 percent of all the
garbage must be recycled.
Mr. Odio: Nineteen ninety-four. I will...
Mayor Suarez: Is it 30 percent or 25 percent, Joe?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Thirty percent.
Mr. Odio: I will repeat this, I will...
Mayor Suarers And that's a huge reduction. I mean, if that is recyclable,
presumably that means that it can be sold for some...
Mr. Odio: Let me repeat this. If we do not get this scale fee protection for
the City, you will have to make a decision in the September budget workshops
to raise taxes or to raise the garbage fee to cover the budget deficits for
next year because I cannot balance the budget as it is balanced today, if we
do not get protection from any increase.
Mr. Dawkins: But, you see, you're balancing the budget, sir, on something you
say you may or may not need. That don't make sense. Now, maybe Mano, or
somebody, and, you know, can explain it to me.
Mr. Odio: No, no. No, no. I'm saying that we have a balanced budget right
now for next year. If the County comes in next month and say we're increasing
the scale fees, and you have to pay two million dollars, we have to pay two
million dollars, and we do not have monies in the budget to pay for that. And
something will have to give.
Mr. Dawkins: But you see, I don't believe...
Mr. Odio: Now, we're charging the...
Mr. Dawkins: I don't believe that the State of Florida, in its infant wisdom,
would charge us with having an unbalanced budget if we passed a budget that is
in balance and something that we did not foresee occur. I don't.... I'm not
in administration, sir.
Mr. Plummer: Let me tell you, that's why you have contingency funds, but how
big a contingency fund are you will to keep? One of the reasons the Florida
League of Cities is gone after this year, is the very thing that theAw
legislature does to us every year in April and May. And that is mandating
programs without a source of funding. And then we've got to juggle to try and
make ends meet so we don't end in a deficit. I think what he's doing here you know, you got one or two choices. The bill's got to be paid. Either
you're going to do it in this manner, or you're faced with an increased
garbage fee. I think you got...
Mr. Dawkins: This is increasing the garbage fee. I mean, it is. The person
who's garbage you're picking up, you send him a bill and you're adding this to
u mean it's not a garbage fee?
s ll.
What o , g g
his bill, Y
50
Mr. Odio: We will not do anything if we don't get an increase in coat frbh
the County, Commissioner. You're not, in fact, increasing the fat.
Mir. Dawkins: I give up. I give up.
Mr. De Yurre: What I would need - the information that I would need to have,
Cesar, is if you're asking us to do this, I need to know and you tell Me than
that something would have to give, I need to know what it is that would have
to give so that I can make a proper evaluation.
Mr. Odio: If we get a bill from the County next month...
Mr. De Yurre: Uh huh.
Mr. Odio: increasing the tonnage fee from what we're paying today which
is $35.00 a ton? Thirty-six. And it goes up to forty. There's four dollars,
somebody's going to have pay.
Mr. De Yurre: I know, but you made a statement that something's going to have
to give unless we get additional funds.
Mr. Odio: Yes, if you don't increase - if you don't pass it...
Mr. De Yurre: But I need to know what has to give so I can make a proper
evaluation whether I'd rather have that give than go to the people and ask
them for additional dollars.
Mr. Odio: I don't know the amounts.
Mr. De Yurre: Makes sense.
Mr. Odio: I don't know the amounts, but the cost of picking up garbage in one
household today is $560 a year and we're charging $160. The County's charging
�.{ three twenty and the City of Coral Gables' just went up to three twenty-two.
f: At some point, something's got to give.
t * -
%a Mr. De Yurre: I know, but for me to make a proper evaluation of this and make
an intelligent decision...
s
Mr. Odio: Sure.
Mr. De Yurre: I need to know, you know, OK, if we don't increase it then we
don't - Parks is going to lose two million dollars and they're going to be
closed. The pools are going to be closed or we're just going to have less
trucks servicing the area?
Mr. Odio: No, that's a decision you...
Mr. De Yurre: I need to have something that I can compare to.
Mr. Plummer: Well, give us a number, Cesar. If it were to go from
hypothetically, from thirty-six to forty, which is a $4.00 increase, what is
that in total for a year?
Mr. Odio: Four dollars is
a million and a half.
Mr. Plummer: Million and a
half dollars.
Mr. Odio: Dollars.
f
-,
Mr. Plummer: And I think
that what we need to remember,
f ive years ago we
�,
were paying $6.00 a ton?
#"
Mr. Odio: Yes.
Mayor Suarez: No, $8.00, I
think.
?
Mr. Odio: Eight.
Mr, Plummer: Eight?
''
�, s,'
ter. Odiat Now, we're up to $36.00:
Mr. plunders We're up to $36.004 And t think, also, we'd better keep in the
back of our mind after the County CaMitgion meeting the other day, that they
are proposing to raise taxes 30 percent. And they don't mind looking...
Mayor Suaret: Who's that? Who's that?
Mr. Plummer: They're going to be raising takes 30 percent because they did
not make an agreement with FP&L.
Mr. Dawkins: No, they're going to make Tampa Electric Company bring in their
lights.
Mr. Plummer: County...
Mr. Dawkins: That's what they say they're going to do.
Mr. Plummer: Well, excuse me...
Mr. Dawkins: See, let, see, they don't have to use Florida Power and Light,
you got Collier County Power Company, you got Tampa Electric Company so they
just, you know...
Mr. Plummer: That's not the point.
Mr. Dawkins: OK.
Mr. Plummer: The point is that if they don't make a deal with Florida Power
and Light, it's $27,000,000. Now, there are two budgets in the county. That
affects the county budget relating to the unincorporated area. But you know,
and I know...
Mr.
Odio: Xavier, Xavier...
Mr.
Plummer: ...that what happens is, when they need money, they
don't mind
taxing the cities to get it. That's the problem.
Mr.
Dawkins: I think the thing you need to say too is Florida Power and Light
better find out how to get lights into the City of Miami if the
County don't
let
them put the roads up, put up the poles on the roads. I don't
know - they
must going to put a satellite up there. But, Mr. Mayor, Mr. Manager,
the...
Mr.
Manager, the taxes of the citizens of Miami are to provide -
what are the
critical services that must be provided with the taxes?
Mr.
Odio: Well, we receive from property taxes...
Mr.
Dawkins: No, no, no, no, no...
Mayor Suarez: What are the most critical municipal services?
Mr.
Dawkins: What are the three... thank you.
Mr.
Odio: Police and Fire.
Mr.
Dawkins: No, it's three, what's the other one?
Mr.
Odio: And Sanitation.
Mr.
Dawkins: OK. These are the three critical services.'..
s}
Mr.
Odio: Right.
Mr.
Dawkins: Police, Fire and Sanitation.
,t
•:
xT
l :
Mr.
Odio: Right.
G
Fu
Mr.
Dawkins: Now, when you need this million and five dollars,
don't
Sanitation Department because that's one of your critical areas,
4,
t v
{
Mr.
Odio: No, i don't cut, you do.
r3 ,
2a
194
Mr. Dawkins: OX, no, no, no. See, but I have to put this in the record.
See, I know you know and I know I know, see? And I have to know me and you
know we ain't going to do it. See? But I have to know that so that when you
come back and tell me, well we need a million and five dollars and - a million
fine and if you don't let me take it from Sanitation - no, no - don't bring
that up here. You find another spot with which to get it from because those
are your three critical services.
Mr. Plummer: Well, what...
Mr. Dawkins: Fire, Police and Sanitation.
Mr. Plummer: What you're talking about, very simply is that 90 percent - 90.2
percent of our budget is people, salaries - 90.2 in this budget, I don't know
what you've got in that cockamammy funny book that we were supposed to get
before the end of June and I'm still waiting for. I'll get it on Monday.
Yes, I heard that last week. You didn't say which Monday in which month.
Mayor Suarez: Yes, let's not quibble between 90 and a hundred, I mean, if you
attribute to some employees all of the overhead of the City, it could be a
hundred percent, but, I mean, it's a fair figure to say that the great
majority of the City budget is for personnel, there's no doubt about it.
Mr. Plummer: Well, what you're looking at, at a million and a half dollars,
is laying off a hundred and fifty people. That's what you're looking at. Are
we going to get that funny book this coming Monday?
Mr. Odio: Yes, sir, you'll have it on Monday.
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: A hundred and fifty people?
Mr. Plummer: Yes...
Mr. Odio: No, a million and a half is 50 people.
Mr. Plummer: Fifty, no, I'm sorry, that's in Police and Fire is 50 people.
It's 82 in...
Mayor Suarez: And 50 assuming an average salary of $30,000...
Mr. Odio: I wanted to say, I wanted to say...
Mayor Suarez: ... but the overhead is another 50 percent, benefits and so on,
it's, I would guess, less than 50 people. Well, anyhow, Mr. City Attorney.
Mr. Odio: Let me... we get from... but let me remind the Commission that...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No, because you're - 50 would be at $30,000 and that's low.
Mr. Plummer: But perks.
Mayor Suarez: But that's what I mean, I mean, it's a higher amount per
individual, so it's less than 50 people.
Mr. Odio: See, we receive $94,000,000 a year from property taxes. The Police
Department budget is $77,000,000 and the Fire Department budget is
$42,000,000. So, as you can see, the property taxes don't go too far and I
didn't count Sanitation, $30,000,000 there - ten million dollars.
Mr. Dawkins:
j Mr. Plummer:
Mr, Dawkins:
Mr, Plummer;
i
C .
Mr. Plummer...
Sir?
Mr. Plummer.
Sir?
53
y
a —
lit. Dawkins: You said - how many people to lay off to get that amount of
money
Mr. Plubmt r: Well, basically, you're talking about police and fire or *tO per
million.
Mr. Dawkins: OR.
Mr. Plummer: And you're talking about general employees, 1 think, are 83 per
million - roughly.
Mr. Dawkins: OK, all right, how many people would the City Manager have to
lay off from his staff to get that amount of money?
Mr. Plummer: Two.
Mr. Dawkins: OK, thank you, that's all. That's the point I wanted to make.
is
Mr. Odio: It won't be funny in October. L
Mayor Suarez: Mr. Manager, here is what I hear as being the problem. What
you're proposing is an ordinance that automatically passes on and tags on to
the Solid Waste fee...
i Mr. Odio: Any cost...
Mayor Suarez: ... and increases in what the County charges us for disposal of -
garbage.
Mr. Odio: And we separate the bill to show that.
Mayor Suarez: You can separate the bill all you want, they're still going to
go to the same place and the people are still going to receive them. Now, the
Commissioners are saying, two of the Commissioners are saying that - one is
saying, if that happens, I'd like to know what other alternatives we have to
saving the money that we need to be able to pay for this and, of course, we
may have a battle with the county too. Because the county, after all, has to
set those rates, presumably by County Commission action, no? The other
Commissioner is saying and I tend to agree with both Commissioners that maybe
we ought to make that decision at the time that that happens and I know that
this makes budgeting a little bit more difficult, but I cannot see having a
self actuating ordinance that increases the Solid Waste collection fee for the
citizens of Miami. I'd like to explore other possibilities at that point.
I'd like to see if, in fact, we need to impose on the citizens this particular
increase in part of our functioning, which is related to Solid Waste, no
doubt, but so is - so are many, many other costs that the City has on a yearly
basis that increase and finally, I just don't see the need - and Commissioner
Plummer pointed out that we ought to have a reserve fund to cover
contingencies and you haven't reported to us on what that reserve fund is
estimated to be as you put the budget together, but I think you told me
privately, as you must have briefed each of the Commissioners, that you were
shooting to try to get back up to the eleven or twelve million dollars figure.
I don't know how close we're coming to that.
Mr. Odio: It's impossible for next year, I can tell you that.
Mayor Suarez: How are we doing on the
projections of what it might be?
Mr. Odio: Maybe a million dollars. I...
Mr. Dawkins: So, the City of Miami is
broke.
z
Mr. Odio: No, sir, it's not.
Mr. Dawkins: OK, wait a minute now,
wait. I
have to see - I have to know.
what we're saying...
Mr. Odio: The City is not broke.
Mr. Dawkins: So what you're saying is that in
the event that, God forbid, we
xir'
have some accident and somebody sues
the City
for two million dollars, theyf
will own the City because we only got
a million
dollars to pay them.
{� 5
54
July 13, 1909
�
Mr. Odio: We have monies set aside for those things.
Mr. Dawkins: Well, that's a contingency, right? Your contingency...
Mayor Suarez: Risk management contingency.
Mr. Odio: The City's not - most definitely not broke - on the contrary. gut
we do have a budget...
Mr. Dawkins: OK, all right, now that's what I wanted to hear, OK, good.
Mr. Odio: We do have a budget and we are not budgeting any increases from the
county fees. We are going to set the millage today because we have to by law.
So, may I suggest then that we set the millage at 10 and then you can make all
decisions you want from here to October 1st or September. Because once you
set it today, it cannot go either up or down. It's set.
Mr. Dawkins: Yes, you can go down.
Mr. Odio: You can go down, but not up. I'm sorry.
Mr. Dawkins: You can go down now.
Mr. Odio: So, if we need monies to add to the budget because of any other
increases that we're not projecting, the millage will be set.
Mr. Plummer: You're suggesting to go to ten today?
Mr. Odio: No, I was coming in with - if we had this protection, we would come
in with nine the same millage we had this year. But, since we're not
going to...
Mr. Plummer: Ronnie Ramos just ordered more ink for tomorrow.
Mayor Suarez: Well, you're not going to get me to vote to set the millage at
ten either. Mr. Manager and Commissioners, we have to make obviously a policy
decision as to this ordinance. I guess we've debated every aspect of it and
have stated our views. Commissioner Range, I don't know if you want to add
anything. If not, I'll entertain a motion one way or the other. I mean, it's
fail safe type safeguard that you want to put here and it's interesting, it is
automatic. You're saying that, Mr. City Attorney, what the Manager's
recommending here would be absolutely automatic, it would not come back to the
Commission for approval of th.s rate increase on a solid waste fee?
Mr. Fernandez: What you're approving today by passage of this ordinance is a
change in the format and you're approving a new mechanism to communicate with
the homeowners and with the businessmen...
Mayor Suarez: But we're not approving, necessarily, an automatic pass through
if the rates are, in fact, increased? We got a little disagreement here
between the City Manager and the City Attorney.
Mr. Plummer: Well, there's nothing to prevent us to pass this with the
proviso that it come back before a Commission for approval.
Mayor Suarez: For the actual rate.
Mr. Plummer: Sure.
Mayor Suarez: I have no problem with that.
Mr. Plummer: Or implementation.
Mr. Fernandez: The Manager is right, you're, in fact, giving him the
authority by way of this resolution that in the case that the county comes in
then he would automatically do that.
Mayor Suarez: That's where I'd like to see the change because then we can get
into the issue of can we...
Mr. Odio: Take the automatic off and do it at your decision.
55
4
Mayor Suarez: Right.
Mr. bdio: And if you doh't...
Mayor Suarez: I'd vote for it on the mechanics of separating the two
indicating to the voters why we would have to do this, where it canoe from, the
fact that it's a pass through, but not as to the actual rate. I'd like to
have the opportunity...
Mr. Plummer: I'll move it with that amendment.
Mayor Suarez: So moved.
Mr. De Yurre: What's the motion now?
Mayor Suarez: Motion is that we approve the ordinance but with the
modification that we have to approve the actual rate at the time that thin...
Mr. Dawkins: With a public hearing.
Mayor Suarez: Right.
Mr. Dawkins: Where the public can come and hear this.
Mayor Suarez: We're approving the mechanical system of indicating to the
voter in the event that we increase the rates that it's a pass through from
the fees that the county charges us for disposal.
Mr. De Yurre: OK, but right now, we're not talking about any increase.
Mayor Suarez: Right.
Mr. De Yurre: We're not approving any increase at all or - not one cent.
Mr. Plummer: No.
Mr. De Yurre: We're just approving the method...
Mayor Suarez: And we're also not giving automatic power to the Manager to
approve without coming back. We're not giving that. We're saying it has to
come back to Commission for any rate increase.
Mr. De Yurre: If I understand this correctly, we're going to be voting as to
the system which is going to be used as far as the billing is concerned that
would show any, if there were any increases, it would show as to where it's
coming from. I guess pretty much like the water bill and FP&L bill and that
kind of thing that is broken down. Is that what we're saying? I got no
problem with that because it's not raising a penny.
Ms. Range: But that's only if the county does not increase.
Mr. De Yurre: Well, no, if the county increases, then it's a matter of coming
back.
�'.
Mr. De Yurre:
OK, who moved it?
Mayor Suarez:
Commissioner Plummer moved
it.
Mr. De Xurre:
Who seconded it?
I rx,
Mayor Suarez: As amended. Seconded. Any further discussion? If hot, read
the ordinance.
Mr. Fernandes: This is an emergency ordinance needing two votes. The body of
the ordinance has been amended to reflect the Commission's intent:
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 22-12, SOLID
WASTE FEES, AND SECTION 22-28, WASTE AND RIGHT-OF-WAY
CLEANING FEES, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO REFLECT CHARGES FOR DADE
COUNTY SCALES FEES AND THE CITY WASTE DISPOSAL FEES
AND SETTING FORTH A PROVISION FOR COLLECTION OF SAID
FEES; CONTAINING A REPEALER AND SEVERABILITY CLAUSES.
Was introduced by Commissioner Plummer and seconded by Commissioner
De
Yurre, for adoption as an emergency measure and dispensing with
the
requirement of reading same on two separate days, which was agreed to by
the
following vote:
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.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner De Yurre, adopted said ordinance by the following vote:
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.
-
-
t
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10600.
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.
------------------------------------------------------------------------------
='
12. EMERGENCY ORDINANCE: Establish an interim proprietary and general
services fee relating to finance and taxation - Prescribe the rate.
Mayor Suarez: Item eight, also an
emergency ordinance on the interim =
proprietary general service fee. Is
the intent of this to get it on the =
.record and clarified? To get some sort of compensation for all of those
properties which have yet - which have
not yet come onto the tax rolls by a
certificate of occupancy or final
assessment, but which are already,
substantially constructed and being lived in, I guess, including remodeling,
additions, and new construction.
Mr. Odio: Let me give you an example.
The Miami Center...jz
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Mayor Suarez: Well, can ,you answer that question, is that basically the
_+
intent of this?
I
Mr. Odio: Yes. Yes.
Mayor Suarez: OK, I'm sorry, Mr.
Manager, the Miami Center. —
Mr. Odio: They come in there on
the building on a temporary permit, temporary
CO (certificate of occupancy).
The Miami Center was there for four years on
the temporary CO, or three years. We still haven't got paid any taxes from
them at all. Because it's in...
Mayor Suarez: Why didn't the county appraiser include them in the tax rolls?
Because of a temporary C07
Mr. Odio: Sure, if it's a temp...
as long as they don't have the...
Mayor Suarez: I've always had a
problem with the concept of a temporary CO to
extend beyond the 60 days which
is in the South Florida Building Code by the
way.
Mr. Odio: In fact, I'm saying that this doesn't go far enough.
Mayor Suarez: I think the City Attorney has a little bit of a problem with
that too.
Mr. Odio: I'm saying that this doesn't go far enough. That we should, in the
moment that they get a temporary CO and they move into the property, that we
should be paid because we are providing services to that property.
Mayor Suarez: That may be the case, but, Mr. Manager, I hope you consider
that the concept of an indefinite temporary CO is a contradiction in terms and
that maybe we ought to...
Mr. Odio: I agree.
P Mr. Fernandez: Building and Zoning and the Law Department are addressing that
issue right now.
}
Mayor Suarez: Yes, and I think in contradiction of the South Florida Building
Code, if I may say so. OK, so now we've got properties that have been built
or enlarged and have greater value are being used and are not being taxed
according to the greater value. And this is what we're trying to go after. -
Commissioner Range.
Ms. Range: Mr. Mayor, how does this affect private residences, small homes?
Mayor Suarez: Does that include a home that has an improvement?
Mr. Odio: No, it's new construction.
Ms. Range: New construction. But, does the new construction include private
homes?
Mr. Fernandez: It includes private homes.
Mr. Plummer: They are receiving services, they pay the bill.
Mr. Odio: Yes, if you build a house ...
E, Mayor Suarez: How do we carry that out without the tax appraiser? What are
..,; the mechanics of this? We go out and do our own evaluation or something?
Mr. Odio: No,
we charge three
cents, I think it is.
Mayor Suarez:
Oh, it's a fee
that isn't dependent on
the actual evaluation?
Mr. Odio: That is correct.
Mayor Suarez:
It's a fee that
is an estimate of what
we think the property la
costing us in
services and so
on.
Mr. yernandez: Correct, and a fotibula the site of the property itself, hot of
the evaluation.
Mayor Suarez: The site of the... for example, the expansion, like the one I'm
going to my house. You do an estimate of the total number of square
footage...
Mr. Odio: No, that one you won't pay because...
Mayor Suarez: I won't pay that? Am I exempted by virtue of being Mayor?
Mr. Odio: No, your house is in the tax rolls, I believe. It's new
construction.
Mr. De Yurre: Yes, but that's the whole problem, you know. Then people are
getting away with not paying when...
Mr. Odio: Maybe we should include that, I don't...
Mr. De Yurre: In his example, when the Mayor's home...
Mr. Dawkins: What about yours?
Mr. De Yurre: ... had the addition...
Mr. Dawkins: What about yours?
Mr. De Yurre: Mine? Mine's on the... mine, you know, I'm going to be paying
through the nose, what are you talking about?
Mr. Odio: I don't mind adding others.
Mr. Plummer: Hell, don't worry about it Victor. The Police Department, they
can't even find your house.
Mr. De Yurre: I'm not getting the services. That's for sure.
Mayor Suarez: How about if J.L. adds other equipment to his house? He's got
all this electronic equipment. We ought to make sure we tax that.
Mr. Dawkins: But what I'd like to know, Mr. Mayor...
Mayor Suarez: Yes.
s;
T-
Mr. Dawkins:
Is this is a one time charge?
g
How do you .stop it? When you
.,
place it on this bill, when does it stop?
Mayor Suarez:
When does it stop?
14
Mr. Plummer:
At the next tax evaluation.
Mr. Dawkins:
Because if you...
3
Mayor Suarez:
When it is picked up by the tax
appraiser?
Mr. Plummer:
In the next tax evaluation.
Mr. Odio: The
moment it went into the tax rolls, it's...'
Mr. Dawkins:
Well, explain that...
p
Mayor Suarez:
How does that happen?
Mr. Dawkins:
Then I know that this won't...
that what we just taxed on will
not continue
on with whatever goes on the tax..,
Mayor Suarez:
Is it by definition, just the
s �
one taxable year, is that the.
a
idea?
Mr. Surana:
Right. It could be maximum over 12 months, maximum of 12 months
_
"12 months maximum.
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e
Mr.
Dawkins:
OK, all right, so this
guy's tames goes on the roll
the second
of
March and
we picked him up January 1. You still can be able
to tax him
until
December
31?
Mr.
Plummer:
No.
Mr.
Surana:
No.
Mr.
Dawkins:
Well, he said maximum
12 months. He didn't say how
he arrived
at
the maximum.
Mr.
Surana:
OK, that person...
Mr.
Plummer:
The temporary could be
a maximum of 12.
Mayor Suarez:
Explain why this will
be in a maximum of 12. It's
one taxable
year. If it is not picked up until the next taxable year, which begins
January 1 of the next year, then...
Mr. Surana: OK, if somebody comes on January 1, then we are going to charge
them from .January 1st through December 31st. If somebody comes June 1st, it
will be June 1st through December, six months.
Mr. Odio: Let me simply. Let's take this General Development Building here.
They are supposed for the...
Mayor Suarez: If I may, before you get into GDC Building, what if the tax
appraiser doesn't pick up, like in the Miami Center case, for three or four
calendar years.
Mr. Surana: We'll continue until it gets on tax roll.
Mayor Suarez: So it is not a maximum of 12 months.
Mr. Odio: No, because we're going to address the temporary CO (certificate of
occupancy).
Mr. Plummer: Normal circumstances.
Mayor Suarez: Under normal circumstances, as J.L. is saying, it is a maximum
of 12 months. OK, Mr. Manager, you were going to give us an example of the
General Development Building?
Mr. Odio: I guess you could work until the final CO is issued, the fee should
be on until the final CO is issued.
Mayor Suarez: Or until the tax appraiser picks it up or...
Mr. Odio: Or until the tax appraiser, either one.
Mayor Suarez: How is it stated in the ordinance? Nobody knows.
Mr. Odio: Read the ordinance. It addresses that.
Mr. De Yurre: My concern, I want to go back again to the additions of homes.
They, as soon as there is a... in fact, people, I can foresee people that...
Mayor Suarez: How small an addition are we picking up?
Mr. De Yurre: Well, anything they have to get a permit for. You know, if
they have to get a permit...
Mayor Suarez: I mean technically, anything you
the last time I looked, it was anything that
electric...
Mr. Plummer: $100.
Mr. Odio: We are only going to pick up new buildings, new construction.
Mr. De Yurre: Well, I think that maybe additions.., fr
60 Juiy=19; 19i�9
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F
Mr. Odio: But if you want to add the others...
Mayor Suarez: How is that defined, Mr. Manager? We want to know if a gu?
adds...
Mr. Odio: Read it.
Mayor Suarez: You know, get the building permit to replace the window with a
different kind of a window., is that...
Mr. Fernandez: On page three of the proposed ordinance under new Section
45(A)-5 charges, you have there, the terms shall include additions to unit*
such as additional rooms and not maintenance, remodeling pools and fences, for
which no fees shall be required.
Mayor Suarez: Maintenance is not, and what else is excluded?
Mr. Surana: Remodeling pools. This is only for new construction, like if you
want to include...
Mayor Suarez: That's a great definition, Mano, new construction. All the
stuff we are talking about is new construction. I mean, you got...
Mr. Surana: New building, new houses.
Mayor Suarez: Remodeling is new construction. What do you mean by.., what is
the point at which we begin to trigger this one? There is additional square
footage added? Is that the idea? - a new room?
Mr. Surana: New room.
Mayor Suarez: Is that the idea, Mano, a new...
Mr. Surana: It is only for new homes, new buildings.
Mr. Plummer: Now, wouldn't it be more of a terminology when your assessment
increases over your last, as far as any new improvements to your house?
Mayor Suarez: We have asked and have yet to get an answer on the improvements
to a home. Can somebody answer that? What triggers the application of this?
If you add a room to your existing home, is that triggered or not?
Mr. Surana: No. I think if we include assessments in those things we might
have problems with the State. In Oakland they tried it. It was thrown in the
court, so what we are proposing is only for new houses, new condominiums and
new office buildings, something will be new.
Mayor Suarez: OK, an entire new separate constructed building or facility,
OK...
Mr. Surana: Make a new structure.
Mayor Suarez: An entire new separate constructed building or facility.
Mr. Surana: Yes, new structure.
Mayor Suarez:
Mr. Surana:
Mr. De Yurre:
Rather than additions and enlargements, remodeling.
Right, they might get in trouble there.
Well, I can't go along with that.
Mrs.
Range:
Now,
this question was
answered in
the affirmative just a few
2�
moments
ago.
Now
you are saying that
it's not so,
that if you have...
Mr,
Dawkins:
You
will hear that quite
often.
Mrs.
Range:
Well,
I'll get accustomed
to that.
w
Mr..
Plummer:
Please
don't.
r
,
9
1
Mrs. Range: All right.
E
Mr. De Yurre : Let me ask the City Attorney. What's illegal or il*f606t,
unconstitutional, about applying this program to houses that Akre reftdrled,
=r
where there are additions to it, square footage is added to it and they stAtt
paying gust like everybody else?
Mr. Fernandez: There would not be anything illegal about that.
Mr. De Yurre: Well, you know, they're making statements over here that it is
illegal. I would like, you know, I think that it should apply...
Mayor Suarez: What is the basis for the distinction? I think that's your
question. What is the basis for distinguishing additions or enlargements to
the existing homes, for example?
E
Mr. Fernandez: My reading of the ordinance is that additions are included in
i
this ordinance.
Mayor Suarez: We've got a disagreement as to what the ordinance does.
i
Mr. Plummer: Well...
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F
Mayor Suarez: OK, why don't we table that issue for the moment. Does anyone
v
want to ask anything else on this while we get some agreement? Well, maybe if
it says... does it say additional unit7
i
i
Mr. Odio: Additions to units, such as additional rooms and not maintenance
and not remodeling or pools.
Mayor Suarez: Additional rooms are included? You got my house. Are you
satisfied now?
Mr. Odio: Additional rooms, yes, but not remodeling, or maintenance, or
pools.
Mr. Plummer: This sounds like the Suarez Relief Bill here.
Mayor Suarez: OK, additional rooms, but not remodeling of existing...
Mr. Odio: That's correct.
Mayor Suarez: OK, and if you kind of expand a little bit a couple of feet,
that's not so clear, I suppose. All right, now...
_
Mr. De Yurre: And if you want, we may get your picture, house in the paper,
if you want. I'll work on that for you.
_
Mr. Plummer: That's only if you want to sell it.
Mayor Suarez:
Now,
crucial question,
Mr. Plummer:
When
do I have to pay?
Mr. De Yurre:
How
much? When and how much, huh?
Mayor Suarez:
Do
I have a conflict in voting on something that effects...4
What keeps us
from
being a tax?
9,1
Mr. Plummer:
It is a tax.
g
Mr.
Fernandez:
No it isn't.
Mr.
Plummer: The hell it's not.
Mr.
Fernandez:
Did you read the newspaper?
i
Mr.
Plummer: I
don't believe what I read in the newspaper.
Odio: It's
a general service fee, which is paid when you
got ssuod of .a.,
"f
certificate of
occupancy, so it is not a tax, it is a
fee as part Of
certificate of occupancy.
k
42
July i9,
j;
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try
ter. Fernandez: The leading consideration here is that we are not looking to
valuation to impose the fee. We are looking at the size, because arguablyl
the size of the new structure that we are imposing this fee on would create On
City government and in City services rather, an imposition and it's only
-t fair, we think, the Administration, that people of the new structure should be
bearing their burden until they get on the roll.
Mr. Plummer: You pay what you get for, OK? You get services, you pay for the
services.
Mr. Fernandez: That's the idea behind it.
Mr. Plummer: That's the whole thing.
Mr. Fernandez: But it's a fee, it is not a tax.
Mr. De Yurre: Then I don't have to pay, because I get no service. The police
don't know where I live, they can't get there, the fire, they don't know.
Mr. Fernandez: But it is a fee, we are very comfortable with opining to the
Administration that what they are intending to do by way of this ordinance is
a fee.
Mr. Plummer: And then at the end of the taxable year, it's no longer a fee,
it becomes part of ad valorem.
Mayor Suarez: If the property appraiser picks it up.
Mr. Odio: Well, if the property is appraised.
Mayor Suarez: Which leads me to my next question. Mano, or Mr. Manager, or
Mr. City Attorney. Is there an automatic trigger for, for example, an
enlargement of a residence or a building, that the property appraiser will in
fact pick that up in the next taxable year? How does that trigger work? What
do they get from us that says you will go out there and reappraise that
property?
Mr. Odio: A Building and Zoning report and with that, let's say you added
$20,000 of construction to your house, they will pick that up.
Mayor Suarez: OK, because they get the Building and Zoning reports, but I am
sure it doesn't always happen. I mean, I know...
Mr. Odio: You are hoping that they don't, is that it?
Mayor Suarez: I'm trying to figure out then how many years will this thing go
on, before if it isn't picked up, all you are saying that...
Mr. Surana: We will monitor it.
Mayor Suarez: You can do that? I guess you got your computers all lined up,
right?
Mr. Surana: Right.
Mayor Suarez: You are not going to try to use the definition of a CO, though.
Mr. Surana: No, we go...
Mayor Suarez: I mean, when the final CO is given, maybe the property
'appraiser should pick that up, but sometimes they don't. I know as to
expansions they don't.
Mr. Surana: We'll check it.
Mr. De Yurre: But I'll tell you something, if you live in a residence and you
make an addition to that residence, literally you can be enjoying it for `
months and just don't go get the CO, so it don't make any difference, you
know, so how do we monitor, I guess you know? The inspectors, when theyo
out there, do they monitor that? _
Mr. Plummer: Well, listen, tan I offer something? Can I offer something in
reverse? What the Manager as I see is saying is, is the citizens who have
built homes, or hotels or whatever, are getting a million dollars of municipal
services free, which he feels we are entitled to collect for. It's just that
simple. This thing entails the possibility of raising a million dollars.
That is in fact, a million dollars of services that they are receiving that
they are not paying for that we, the City are entitled to.
Mr. Fernandez: Mr. Mayor, if I may call your attention, I think this would
Solve the problem, to page 2 of the ordinance, at the very bottom of the page,
45(A)-3, there is hereby levied an interim proprietary and general services
fee, which shall apply to those properties for which a certificate of
occupancy is issued, either permanent, or temporary for full or partial use of
the premises and which shall be payable on a monthly basis from the first day
of the month following the date upon which such certificate of occupancy is
issued until the ensuing January 1st and then here, add the additional
language, or until the property is engrossed in tax certificate in the...
Mr. Plummer: Let me ask, would that address your concern?
Mayor Suarez: No, actually, that actually may make it worse, but your
question is, I mean, you are pointing out the wording is correct. In other
words, in the absence of some other wording, or some other trigger mechanism,
it will only go to the next January, that's why you had said, maximum, twelve
months.
Mr. Fernandez: Exactly, that's what we have right now in this ordinance in
front of you.
Mayor Suarez: Yes, I don't particularly want to put all the citizens of Miami
in the disadvantage of having the property appraiser have more information
about all of their enlargements than those of any other jurisdiction, that's
why I, you know, if we want to charge them a fee, and if we think it is
otherwise proper, that's fine until the next January 1, with the anticipation
that from that point forward, the appraiser picks up the increased valuation,
but if the appraiser doesn't, I don't want to say, you know, from now on, all
the City of Miami. property, we are going to help you to evaluate them higher
than any other jurisdiction that doesn't have this kind of mechanism.
That's...
Mr. Odio: But forgetting the dollars for a minute.
Mr. Plummer: Let me ask you a question.
Mayor Suarez: You always want to forget the dollars.
Mr. Plummer: A temporary CO today is for how long a period of time?
Mayor Suarez: Sixty days.
Mr. Odio: Well, I know people that have been there for three years.
Mr. Plummer: I'm asking, do we have...
Mayor Suarez: It's supposed to be 60 days.
Mr. Plummer: ... a set policy?
Mayor Suarez: But they get extended.
Mr. Fernandez: The South Florida Building Code doesn't give us much guidance.
We are trying to ascertain that.
Mr. Plummer: Set a policy.
Ms. Edith Fuentes: Temporary certificates of occupancy are good for 90 days.
Last Monday, we went in front of the Board of Rules an Appeals and we got a
ruling form them that the building official has the right under the South
Florida Building Code to extend TCO's (temporary certificate of occupancy) to
retroactively issue TCO's and to do whatever he feels would be in safe
eomnletion. of whatever of the building.
64
Mr. Plummer: All right, at the end of the 90 days, they do not comply and are
not ready for their final CO. What happens?
Ms. Fuentes: They come into Building and Zoning Department and Justify why
they have not completed that and then we'll make an evaluation whether we
should give them another TCO.
Mr. Plummer: That's wrong. That's wrong, let me give you the example, OK? I
have sat here and complained and complained about the Miracle Center, all
right? The Miracle Center, they have a dangerous situation over there with
the elevators. You wrote me a memo saying that the matter was resolved.
Resolved helll What kind of people have we got that last Saturday night we
had to send a whole contingent of Fire Department because 120 people were
stuck in the elevators. Now, why are we continuing these temporary CO's to
allow people to continue to allow this thing to happen?
Mr. Odio: That one building that you used as an example, that they are using
to the fullest and they are not in the tax rolls.
Mr. Plummer: But at the and of 90 days, they either get it completed or they
vacate the building.
Ms. Fuentes: Commissioner...
Mr. Odio: Suppose I do this, why don't... we need to review this.
Ms. Fuentes: No, we have a proposed ordinance that's coming before you on
the... because you instructed us the last time I was here to put in a ten
percent bond of the construction cost if they wanted to go for a TCO, I think
which will discourage them from extending TCO's. It's a non-refundable bond
that you requested.
Mr. Plummer: As far as I am concerned, a temporary CO for 90 days, period. I
do not want any discretion by a department head, OK? At the end of 90 days
they either are ready for their final CO, or move out. We're going to have
this continuing like the Miracle Center elevators. That is wrong, it is
wrong) I want to know who are your people that you sent over that sent me a
memo telling me that the matter has been corrected and is now in proper
sequence, because it happened again.
Mr. Odio: You will have an ordinance in the next meeting. I want to point
out the Miracle Center is an example of what we're trying to cover here. They
have been in operation for four or five months and they...
Mr. Plummer: And they are still on a temporaryl
Mr. Odio: They will not be on the tax roll until next year.
Mr. Plummer: And elevators are still breaking.
Mr. Odio: So this way they are going to have to pay for the services we are
having to provide.
Mr. Plummer: Hey, I don't know, I can't speak for my colleagues, but as far
as I'm concerned, 90 days on a temporary, at the 91st day, no discretion, you
either have your final, or you are out of that building.
Mr. Odio: We are bringing the ordinance for your approval.
Mr. Plummer: Well...
Mrs. Range: Now, if an extension is given, and the tenants remain in the
building, when the proper certificate is issued, then does that revert, the
collection revert back to the first occupancy permit?
Ms. Fuentes: No.
Mrs. Range: Well then, there is... some have lived, or then they are for
free.
Mr. Odio: Yes, Commissioner.
65
July 13,,1989
a
Ms.
ei
Fuentes: Definitely.
Mrs.
Range: That is not...
Mr.
Odio: That is why we discovered this.
Mr.
Plummer: Some of them are two or three years on
temporaries.
Ms.
Fuentes: Definitely.
Mrs.
Range: Then what can be done about that?
Mr.
Plummer: That's what we...
Mr.
Odio: This is what we're doing here. They will
be paying..:
Mrs. Range: Well, I am asking you, does it revert back? Do they have to
catch up on the time that they paid on the temporary?
Mr. Plummer: No, no.
Mr. Odio: Oh, no.
Mr. Fernandez: No, no, not this ordinance. This is prospective...
Mr. Odio: Oh, no, this ordinance is not retroactive. It would be effective,
and the reason we put it an emergency was that we wanted it to be effective
today, but it is not retroactive to the Miracle Center, for instance, for five
months, they have been operating, but it starts today.
Mayor Suarez: Just clarify. The issue of temporary CO's is an aggravating
factor in all of this, but it is not really the main thing we're trying to
tackle here.
Mr. Odio: Not really, it's the tax rolls.
Mayor Suarez: The main thing we're trying to tackle is that a building, let's
say, that has a final CO, and I don't know if Miracle Center has or doesn't
have a final CO.
Mr. Odio: They could be six months without paying any taxes.
Mayor Suarez: Right, they won't be on the tax rolls until January 1, 1990.
Mr. Plummer: That's correct.
Mr. Odio: That's right and in the meantime, we haven't...
Mr. Plummer: No, November. November tax roll.
Mayor Suarez: And they won't have to pay... they won't be on the tax roils
until January 1 of next year, but they won't have to pay until November of
next year.
Mr. Plummer: You are right, yes.
Mayor Suarez: And actually, theoretically, they could even pay January or
February of 19...
Mr. De Yurre: If they get the CO this year.
Mr. De Yurre: They may hold off...
Mr. Odio: That's right.
Then they won't be on the tax rolls until 1991,
Mayor Suarez: And that's what we're trying to stop this practice of these
indefinite, temporary CO's00
,F
�_ U 0 _#9
3 -
Mr. Odio: Right, which we will have an ordinance in the next meeting.
a
r
Mayor Suarez: Thank you.
r
Mr. Fernandez: There are... some properties are exempted specifically by this
ordinance, in answer to Commissioner Range's question.
Mayor Suarez: OR, which are those, Mr. City Attorney?
e Mr. Fernandez: And that's on page 4 of the ordinance itself. The interim
proprietary and general services fees shall not be levied upon any
improvements for which a building permit application was filed prior to the
effective date of this ordinance, so if there is any building that has filed a
building permit before...
Mayor Suarez: That's a grandfathered one.
Mr. Fernandez: ... today, you know, whenever they get their Certificate of
Occupancy, it's not contemplated here. Secondly, properties requiring
Certificate of Occupancy for change of use, that means that if you have one
building being used for one use and then you want to change it for another use
with some remodeling perhaps, those are not involved.
Mr. Odio: Let me point something out, Mr. Mayor, we discovered when
researching that they are building, let's say, a 20 story building without any
temporary, with a temporary they move in on ten floors and they are using
those ten floors for months and months and months and never pay a penny.
Mayor Suarez: Is this basically, from your estimates, Mr. Manager, is this
basically going to provide revenues from buildings, whether they are office or
residential, as opposed to from single family residential?
Mr. Odio: Yes, that's my posture, yes.
Mr. Plummer: They're providing service to both.
Mayor Suarez: No, I'm just thinking if in fact, as an estimate, you can tell
us that the bulk of it is coming not from single family homes that are
being...
Mr. Odio: From commercial.
Mr. Surana: From commercial.
Mr. Plummer: Except De Yurre's home.
Mayor Suarez: And you won't put on the title, I had to do this, you won't put
on the title anymore that it's a propriety fee, right?
Mr. Odio: We'll call it whatever you want, Mr. Mayor. Just approve it and
I'll call it whatever you want.
Mayor Suarez: All right, see, what the City Attorney is that the memo
came with propriety, instead of proprietary, which was...
Mr. Fernandez: No, that wasn't the memo from the City Attorney.
Mayor Suarez: If we start taxing anything that's...
Mr. Odio: Call it the loophole fee.
Mayor Suarez: Based on propriety, we're in trouble. Fee,
Mr. Odio: An item. '
}
Mayor Suarez: Commissioners, anything further on this ordinance? F
Mayor Suarez! Seconded. Any further diecusiion? If not, read the ordintriea,
call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
RELATING TO FINANCE AND TAXATION; ESTABLISHING AN
INTERIM PROPRIETARY AND GENERAL SERVICES FEES;
PRESCRIBING THE RATE THEREOF; CONTAINING A REPEALER
AND SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE, AND PROVIDING FOR INCLUSION IN THE CITY CODE.
Y
Was introduced by Commissioner Plummer 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 J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENTS None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Range, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10601.
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.
Mr. Plummer: What are we going to do about the Miracle Center?
Mr. Fernandez: Excuse me, a point of reference, Mr. Mayor.
Mr. Odio: How do you get 120 people in an elevator?
Mr. Fernandez: I believe that the Manager had made item number 8 a first
reading item rather than an emergency item.
Mr. Dawkins: Well, leave it as an emergency. z
e
c Mayor Suarez: I think we just passed it as an emergency. The emergency would°
have been obviously the need to catch up with services that are being rendered r°
to properties that are not paying their fair due and our budget crunch and
'K everything else.
Mr. Fernandez: You had two readings then, _
v=
Mayor Suarez: We sure did.
Ry
� h 2
a
• � � } ,��� " � yam � ;:i xxk�� ( y � C��� �
--------------------------------------------------------------------
g 13. (A) DIRECT ADMINISTRATION TO INVESTIGATE COMPLAINTS RECEIVED CONCERNING
MALFUNCTIONING OF ELEVATORS AT THE MIRACLE CENTER ON CORAL WAY.
W DISCUSS AND TEMPORARILY DEFER REQUEST OF THE ADMINISTRATION TO
REPORT BACK TO THE COMMISSION REGARDING THE CONTROVERSY SURROUNDING
CONSTRUCTION AT THE OLD STUDIO RESTAURANT SITE (soon to be "Victor's
Cafe") (See label 76).
-------------------------------------------------------------------------------
_- Mr. Plummer: What about the Miracle Center?
3
Mr. Odio: What do you want to know?
Mr. Plummer: I want to know what are we going to do to make those elevators
safe?
Mr. Odio: OK. We'll send inspectors in.
Mr. Plummer: Your memo said they were safe and then they break down again.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: What?
Mr. Odio: The was on...
Ms. Fuentes: The elevators were built in accordance with the Code and they
meet all the requirements of the Code. The major problem that we are having
is they are overloading the elevators always. There...
Mr. Plummer: No, the major problem we're having is having to send the full
Fire Department over there every time they jam.
Ms. Fuentes: But I...
Mr. Plummer: Now, are we going to say, OK, that's fine, let's don't worry
about it?
Mr. Odio: Why don't we pass a fee on jammed elevators?
Mr. Dawkins: You don't have to pass a fee, you got something in there that
says that if over X people get the elevator, I mean, it...
—
Mr. Plummer: Are they fined because they allow it?
Mr. Odio: That's a good question.
Mr. Dawkins: Or does the elevator have a safety valve, a thing on it, where
if it is overloaded, it automatically will not work?
Mr. Plummer: Yes, that's what's happening and it's getting stuck between the
—
floors.
Mr. Odio: See, that's what's happening, Commissioner and it has a little
sign...
Mr. Dawkins: Yes, but it should never start off if it's overloaded. T mean,
k.:
I don't know, I give upl
y
Mr. Odio: It has a sign that says how many. I will send...
:
a Y
'.
Mr. Plummer: I'd also like, Mr. Manager, before the and of the day, in the
ue. today, Victor's Cafe, I don't know if that's related to my colleague.
paper Y ¢-
Mr. De Yurre: It don't matter.
Mr. Plummer: It said that that building over on 32nd Avenue, the old Studio
.'.
Restaurant, that Mr. Gettuardi is got bad eyesight, that that place was not
?'
f
built new, it was built rehabilitated. The hell you sayi I went by there
when the bulldozer was knocking it down.
y.
69 Judy 13, 1909.
3X
�pp
s
Mr.
Odio: The Studio is gone.
Mr.
Plummer: Exactly, but Mr. Genuardi don't
know that.
3
Mr.
Odio: Well, he should go by�
Mr.
Plummer: He says it's being rehabed.
Mrs.
Range: Oh, God.
Mr.
Genuardi: I didn't say...
Mr.
Plummer: I would like a full report.
Hey, I want Victor's Cafe, I think
it's
a good item, but I want to know why
he made a determination that that
bulldozer
didn't level that property that I
sago the bulldozer do.
Ms.
Fuentes: We'll send you a complete...
Mr.
Odio: Was that in The Herald?
Mr.
Plummer: Yes.
Mr. Odio: Don't believe what...
Mr. Plummer: Well no, I want an answer today, because I have the right of
appeal of that decision.
Ms. Fuentes: We'll send you a complete report this afternoon.
Mr. Plummer: And I might want to file that appeal to bring it before this
Commission in the 15... that's what you and I know, but Mr. Genuardi didn't
see that.
14. EMERGENCY ORDINANCE: Amend 10415 - Increase established
resources/appropriations for the Law Enforcement Trust Fund.
Mayor Suarez: OK, item 9.
Mr. Dawkins: I move item 9 as an emergency, Mr. Mayor, because if we are
going to approve the other items on the 27th, this money should be in place,
so I move it as emergency item.
Mayor Suarez: So moved as an emergency.
Mrs. Range: I'll second it for the sake of discussion.
Mayor Suarez: Seconded for discussion. Any questions? You obviously
recommend it, Mr. Manager. The nature of the emergency?
Mr. Odio: Yes. This item is requested on an emergency basis in order to
assure that funds are available upon the approval of companion resolution
authorizing the establishment of the Youth Crime Watch of America Program.
The crime and drug prevention soccer league, the Robbery Task Force and the
purchase of two mobile drug prevention units, educational units that are very
valuable.
Mrs. Ranges Mr. Mayor.
Mayor Suarez: Commissioner Range.
Mrs. Range: I'm concerned as to whether this is going to serve the entire
City. Mr. Dawkins, is this going to serve...?
Mr. Dawkins: Yes, all of them is going to serve the City, I mean, except I
don't understand how they going to take $12,000 with the Robbery Task Force
and serve the total community. The rest of it is, because you got two units,
one is going to be in Latin and one's going to be in the other area, but the
70 July 13, 1989
e
i4
only one, Mrs. Range I have a problem with understanding is how they ere going
to take $12,000 for a Robbery Task Force and serve the total. cOm=nity.
Mr. Plummer: That's 26. You got the two numbers mixed.
Mr. Odio: It's 26,000 from the Robbery Task Force.
Mayor Suarez: It's sure a small amount, Mr. ...
s Mr. Odio: It's a total of $291,000
Mr. Dawkins: But see, that's...
Mayor Suarez: But that's not what he's asking about.
Mr. Dawkins: You know what, that's the biggest problem here. Nobody listens.
Mayor Suarez: He's talking abut the robbery —
Mr. Dawkins: Mrs. Range asked me did I think that this would meet the total
needs and I explained it to her that I think that it meets all of the needs
except the Robbery Task Force.
Mr. Odio: I agree.
Mr. Dawkins: I mean, everybody is going for everything but that.
Mr. Odio: But he's telling me that it is a citywide program.
Mr. Dawkins: Yes, but how in the hell... we $1,000 a month for 12 months,
what you going to do?
Lt. Joseph Longueira: Commissioner, mostly that's equipment for the Robbery
Task Force. It's equipment, the money is for them to purchase equipment to
target high risk robbery areas.
Mr. Dawkins: You said that's item 26? We'll get to that then, Mrs. Range.
We'll discuss that when we get there.
Mr. Plummer: I thought you could not use Law Enforcement Trust Fund monies to
buy equipment?
Mr. Dawkins: Ah hat
Lt. Longueira: Equipment that hasn't been budgeted before you can.
Mr. Dawkins: Ahhh.
Mr. Plummer: Whoa, Mr. Manager, you hear what he just said? Repeat what you
just said.
Lt. Longueira: Equipment that had not been budgeted before.
Mr. Odiot woo no.
Mr. Plummer' You told tee before.
Mr. Odio: Because there is SOM equipment for programs like this. You tsahot
buy police care and you cannot buy...
Mayor Suarez: We have creature definition of the Law thforebment Trust fund.
We used to say that it was limited to... what?
Mr. Odio: The only thing you cannot...
Mayor Suarez: I want remember the old definition and...
Mr. Odio: This what I know and you can correct me, that you cannot buy thy
normal operational equipment, am I correct?
Mayor Suarezt But we can buy not -normal operational equipment.
Lt. Longueira: Right, such as vehicles...
Mr. Odio: Normal, like of these programs, you can't...
Mr. Plummert How much money left in that trust fund?
Mr. Odio: What, down to $1,700,000?
Lt. Longueira: Unappropriated, about one point eight.
Mr. Odio: One point seven.
Mr. Plummer: That's called the Perry Anderson Slush Fund.
Mayor Suarez: OK, anything further on item 9?
Mr. Dawkins: No.
Mayor Suarez: Do we have a motion, Madam City Clerk?
Mr. Dawkins: Yes, I moved it and Mrs. Range seconded.
Mayor Suarez: Moved and seconded. Read the ordinance.
Mr. Fernandez: This is going as emergency then, Mr. Manager'
Mr. Odio: Yes.
Mr. Fernandez: All right.
Mayor Suarez: Call the roil.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10415,
ADOPTED APRIL 9, 1987 ESTABLISHING RESOURCES AND
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE 9257,
ADOPTED APRIL 9, 1981, WHICH CREATED SAID FUND, AN
INCREASE IN THE AMOUNT OF $291,210 AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO
SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER
` PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner.
5
Range; for adoption as an emergency measure and dispensing with tho ,
requirement of reading same on two separate days, which was agreed to by the
a
fallowing vote:
?�X I S P
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e fib Enka r4 p" 5{ _y`.
.Chz`F6r[ `sirt zr .r$
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AIMS
Commissioner J. L. Blutfsrner, Jr.
Cofir►issiontr M. Athalit Ra Lto
Commissioner Miller J. Dawkins
'Vito Mayor victor De Turrt
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 votes
AYM
Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
47,
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NORS:
None.
ABSENT:
None.
SAID ORDINANCE WAS DESI_GNATED ORDINANCE NO. 10602.
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: Oh of course, I mean who would deny the Perry the right to have
his little petty cash fund?
Mr. Odio: No, Commissioner...
Mr. Dawkins: I hope he takes your radio from you!
Yes, with the stipulation
that Perry Anderson takes J.L. Plummer's radio.
------------------------------------------------------------------
15. BRIEF COMMENTS CONCERNING PROPOSED EMERGENCY
ORDINANCE AMENDING 10484 TO
IMPLEMENT BUDGETARY ADJUSTMENTS (See label 17B).
Mayor Suarez: Item 10.
j
t
Mr. Odio: First reading only, Mr. Mayor.
''_
Mayor Suarez: First reading as to item 10, annual
appropriations ordinance.
Mr. Dawkins: Move it.
Mayor Suarez: This is a cleaning house item, what
is this? We have a motion,
do we have a second?
Mr. Odio: What is this?
Mrs. Range: Second..
Mr. Dawkins: Yes, on 10.
{i
Mr. Plummer: Under discussion.
'Mrs. Ranges Second.
x
n vl
Mr. Plummer: Under discussion, item B of 2, there is $1,30Q,0Qp increase:toIt
a.
the Fire Department is needed to cover cost association with no ns3oi;a�pd
increases. I didn't think that we had an agreement
with the Fire Department.
-
-Mr. Odios We have an agreement with the Fire
Department except; four
Affirmative Action and Consent Decree.
a ��
73
aj
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. '. . .::,, .,
. x . •.,, er1, ate.: Lm, ,,.i,si..'�4a,.t YSS�r.;i!'�+i'f i`�',h�. .
Mt. Plummer: But if we have no egte6m6ht?
Mr. Odio: Yes, you do. Yes you do, and you approved it.
Mr. Plummer: We have an agreement?
Mr. Odio: With the Fire Department, excluding the portion of the...
Mr. Plummer: The rest of it is all in effect?
Mr. Odio: Yes, sir.
Mr. Plummer: Thank you.
Mr. Dawkins: But you can't make any adjustments to it, because you aren't
agreeing. I mean, you guys do not have an agreement.
Mr. Odio: We do not have an agreement on the Affirmative Action portion of
this ...
Mr. Dawkins: You don't have an agreement, but they refuse to go along with
anything, I think now, unless you agree to Affirmative Action.
Mr. Odio: No, sir, they approved everything else except for that. We left
that out.
Mr. Dawkins: All right then, I want to give you a message. Don't you agree
to nothing else unless they agree to that.
Mr. Odio: I agree.
Mr. Dawkins: All right, OK now, with time comes to negotiate, don't you agree
to nothing else unless they can agree to the Affirmative Action.
Mr. Odio: Yes, sir, I agree with that.
Mr. Dawkins: All right.
(AGENDA ITEM 10 TEMPORARILY TABLED)
16. (Continued Discussion) ALLOCATE $47,329 OF CDBG FUNDS (15th YEAR) (See
label 5.19).
Mayor Suarez: We had apparently a miscommunication on a "CA", a consent
agenda item number 22, which HACAD wanted to be heard on. They had written to
me a letter actually, July 10th, I don't know if all the Commissioners
received this or not.
Mr. Odio: That's passed, that was passed.
Mayor Suarez: It passed. Mr. Cayard, do you want to get a clarification of
what we did at "CA" item 22? What is the problem, sir?
Mr. Ringo Cayard: OK, the problem is that we are not included on the agenda t
and we would like to be included because of the past problems have been
experiencing in HACAD and as a result, we would like to be able to negotiate
with the City, providing that we give all the paper. We might need maybe one
more week to give all the paper.
Mayor Suarez: The speaker is Ringo Cayard of the HACAD organization.
f.
Mr. Dawkins: Well, I would suggest that Mr. Cayard come back this afternoon -.
when Frank Castaneda is here so that this could be discussed with Frank s
CastaneA here, because...
Mr. Cayard; Frank is here and we spoke also with the City Attorney before we
wrote the letter and the City Attorney asked him if it was possible.
71► July 13, 19O9 '
� Y
s
i
t
t
Mr.
Dew
kins:
Mr. Manager, was HAtAb
recommended for funding?
i
Mr.
Odio: My
memory tells me yes.
Mr.
Dawkins:
All right, than what's
the problem, Mr. Cayard?
Mr.
Odio: HACAD is included.
Mr.
Cayard:
HACAD is included, but
we have to provide you all the documents
before we could
sign and accept it.
Mr.
Odio: Oh
sure, we cannot release
any funds until we... yes.
Mr.
Cayard:
Yes, we know that, so
what we are asking the Commission is to
include us in
the package, since we were not, according to... no, Frank, even.
Mr.
Castaneda:
Let me explain what
the problem is. The City Attorney has
requested that before a contract is submitted to the City Commission for
authority, all the information has to be there and in place. Because of the
problem that HACAD had been having lately, they were unable to do that. I
think what Ringo is requesting is to authorize the City Manager to enter into
an agreement, assuming that everything is in place, once that information is
available.
Mayor Suarez: Mr. Manager, do you recommend that subject to your review of
the organizational structure, resolution of all the problems as to the
organization and so on?
Mr. Fernandez: And I don't have any problem with that either.
Mayor Suarez: Mr. City Attorney.
item?
Mr. Dawkins: Moved.
Mayor Suarez: Moved.
Mrs. Range: Second.
Commissioners, somebody want to move the
Mayor Suarez: Seconded. Any discussion? If not, call the roll.
Mr. Cayard: Thank you.
Mayor Suarez: We haven't voted yet.
The
following resolution was introduced by Commissioner Dawkins, who
moved its
adoption:
RESOLUTION NO. 89-640
A RESOLUTION, WITH ATTACHMENT, ALLOCATING $47,329 OF
15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO
THE HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE
COUNTY, INC., (HACAD) TO FUND A HAITIAN SOCIAL SERVICE
PROGRAM CONDUCTED BY SAID ASSOCIATION, SAID FUNDS
HAVING BEEN PREVIOUSLY APPROPRIATED BY ORDINANCE NO.
10594, ADOPTED JUNE 7, 1989; FURTHER AUTHORIZING THE
t„
CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAID AGENCY
FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM.
..
(Here follows body of resolution, omitted here and on
n
file in the Office of the City Clerk.)
Upon
being seconded by Commissioner Range, the resolution was passed
adopted by
.4nd
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Mange
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
------------------------------------------------------------------------------
17. (A) DIRECT ADMINISTRATION TO BRING BACK FULL REPORT BY FIRST MEETING IN
SEPTEMBER REGARDING BLACK FIREFIGHTERS.
(B) (Continued Discussion) FIRST READING ORDINANCE: Amend 10484 to
implement budgetary adjustments to comply with generally accepted
accounting principles as outlined by the City's external auditors (See
label 15).
(C) REQUEST ADMINISTRATION TO SCHEDULE DISCUSSION OF ON -GOING PROBLEMS
WITH FIRE DEPARTMENT FOR THE NEXT PLANNING & ZONING MEETING.
Mayor Suarez: Item ...
Mr. Fernandez: Number 10.
Mayor Suarez: Ten was for accounting purposes, to comply with general
accounting...
Mr. Fernandez: Yes, but I have not read that ordinance and you have not voted
on it either.
Mayor Suarez: ... generally accepted accounting principals? OK.
Mr. Plummer: Well, I think you need some discussion, more than that, Mr.
Mayor. If you look at item 3, under 2, where are the monies going, these
increases in the police and fire. You are talking about...
Mr. Odio: The increase in the Police Department was $3,200,000 to cover the
costs associated with the overtime payments and related expenditures of the
January Civil disturbance and increased hiring, and we have increased hiring
substantially in the Police Department.
Mr. Plummer: In other words, this is a change in last year's budget.
Mr. Odio% That is correct, sir. You remember, you added the 100 PSA's and we
had to cover that plus the disturbances and we are hiring very fast now, so...
Mr. De Yurre: And where is that money coming from now?
Mr. Odio: That's where...
Mr. Plummer: It shows breakdown where it's coming from.
Mr. Odio: It shows a breakdown in number three, where it's coming from.
Mr. Plummer: So in effect what you are saying is that the Police Department
last year's budget was not $75,000,000...
Mr. Odio: No, it went up to $78,000,000 with the additional overtime and,..
Mr. Plummer: Plus almost $30,000,000 in capital improvements...
Mr. Odio: Well, that's the bonds.
Mr. Plummer: ... so they got over $100,000,000 of taxpayer's money last year
Mr. Dawkins: To protect the citizens of the City of Miami.
Mr. Plummer: Right.
Mr. Odio: Right.
Mr. Plummer: And a lot of them are saying they are not getting the
protection.
Mr. De Yurre: Yes, but again I don't understand, where's the $3,000,000
coming f rom?
Mr. Odio: Well, one point three five zero, it comes from fund balance. One
point seven five eight, from delinquent tax that we have collected on bond
above our tax rolls, $150,000 from interest on GO bonds, $300,000 from
contribution from the Sports Authority that we get every year to pay for part
of my salary and others.
Mr. De Yurre: To pay what salaries?
Mr. Odio: We charge them some overhead costs to the Sports Authority.
$375,000 from certificate of use revenue, $343,000 from the Dade County fire
contract, $119,000 from unclaimed money.
Mr. Dawkins: What unclaimed money?
Mr. Odio: It's because of...
Mr. Dawkins: Yes, explain unclaimed money to me.
Mr. Odio: Explain the unclaimed money.
Mr. Surana: You know, General Fund budget, we budget certain amounts for the
monies collected by police.
Mr. Dawkins: So it is unspent money, not unclaimed.
Mr. Surana: Police Department yes, correct.
Mr. Odio: Right.
Mr. Dawkins: You claimed it already, but you didn't spend it.
Mr. Surana: Yes.
Mr. Odio: Right.
Mr. Dawkins: So this is from... all right, this is fund balance.
Mr. Plummer: No, no, this for example, is monies that are taken in
confiscation of a drug raid and these monies are unclaimed, they are just not
ciaimedl And they are in property bureau. They are turned over to the
police.
Mr. Dawkins: So it is confiscated money.
Mr. Odio: And the last monies come from $105,000 from increased towing
charges, monies that we received from that.
Mr. De Yurre: What about the others, like the self-insurance trust fund?
Mr. Odio: Revenues supporting increase for the self-insurance trust fund is
available from employees and City contributions.
Mr. De Yurre: But where does that money come from? Where is it right now?
Mr. Odio: It is in the self-insurance trust. It's been moved to that.
Mr. Surana: We brought...
Mr. De Yurre: OK, hold on a moment. Then is that the department that the
City Attorney runs?
q r `
y,. Mr, Fernandez; The City Attorney is only responsible for the claims portion
kr
of the self-insurance.
` 77 July 13, i9$9
Mr. Odio: OK, I'll tell you what. This is from the... remember, we had to
absorb, we had to take over, when the firefighters, the black firefighters
were kicked out of the union, on part, and the other part is when their fund
went broke. Their self-insurance went broke for the firefighters and we had
to take it over.
Mr. Dawkins: Why would we have to take it, if we they kicked the black
firefighters out of there and not representing all of the firefighters, why
does the City of Miami have to assume any responsibility?
Mr. Odio: We had to, by law. We had to cover them by law. We had no choice
but to take them back.
Mr. Dawkins: Take who back?
Mr. Odio: The firefighters and cover them by ours.
Mr. Dawkins: But this includes all firefighters?
Mr. Odio: All of the firefighters, yes, sir, all of them. Their insurance
company went broke, the one that they created, because they said that we could
manage the insurance, so they went...
Mr. Plummer: What about the unfunded?
Mr. De Yurre: So we have to pick up their mistake.
Mr. Odio: We had to pick it up.
Mr. Plummer: The unfunded?
Mr. Odio: Everything. You decided that a year... it's been a year now,
that... so we had to cover up for their mistakes.
Mr. De Yurre: So they say that we do it wrong, then they go out and screw it
up...
Mr. Odio: Wait, wait...
Mr. De Yurre: ... and then we got to pay for their mistakes.
Mr. Odio: When they originally took the insurance over, they claimed that the
City couldn't manage, so now they sent it back to us, because they couldn't
manage.
Mr. Plummer: And the unfunded was what, near $900,000?
Mr. Dawkins: Another million. And they are doing all this without a signed
contract?
Mr. Odio: They have a signed contract except for the Affirmative Action which
I will never agree with them in what they are proposing.
All right, when does their contract end?
Mr. Odio: They got one more year to run, one more year to run and after that,
I don't think we should have a contract until every...
Mrs. Range: Mr. Mayor.
Mayor Suarez: Commissioner Range.
+.#
Mr. Dawkins: Beg pardon?
Mr. Odio: I would not recommend another contract
until everything is
cleared
up.
Mr. Dawkins: No, but you see... don't say it like
that, Mr. Manager.
I don't
4
expect you, whether I'm here or not, and I plan to
be here, I don't expect you
to sign any contract with them, where concessions
are not made. We
are not
making all the concessions to them,
78
July
13, '1909
"I
Mr. Odio: That... I agree.
Mr. Dawkins: I want you to understand that, sir.
Mr. Odio: lies, sir, I do.
Mr. Dawkins: All right.
Mayor Suarez: Commissioner Range.
Mrs. Range: May I take this out, it's probably out of order at the moment,
but may I request that all items regarding the black firefighters and the
union, the problems they are having, be brought to this Commission for
discussion the first meeting in September.
Mayor Suarez: Let' get a full report on the first meeting in September.
Mrs. Range: Right, I'd like to have that on the first meeting in September.
Mayor Suarez: OK.
Mr. Odio: I'd be glad to do that.
Mayor Suarez: Anything further on item 10?
Mr. Dawkins: Mr. Mayor, not on item 10.
Mayor Suarez: We have a motion and a second. Have you read the ordinance?
Mr. Fernandez: No, it will be read. Item 10 is going on first reading only,
Mr. Manager.
Mr. Plummer: It covers budget planning from last year.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1, 4 AND 5 OF ORDINANCE
NO. 10484, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1989, AS AMENDED, FOR
THE PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO
COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Range 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 J. Dawkins
Vice Mayor Victor De Yurre
day, instead of the regular Commission day, because we will have a lot of
Items on that day, we may not have the proper time to discuss it.
Mayor Suarez: You mean, the general meeting in September, it should be the
second? The second meeting in September, is that what you are talking about?
Mr. Dawkins: The discussion of the Fire Department's problem should be at the
second meeting...
Mayor Suarez: So we don't create agenda problems for ourselves and analyses
problems for the Commissioner.
Mr. Dawkins: I don't know now, that's the... but this Commission has to agree
to that.
Mayor Suarez: Mrs. Range.
Mrs. Range: Very good, I certainly acquiesce as to that, as long as it get
on.
Mr. Dawkins: Fine.
Mr. Odio: Yes, because I think we have public hearings on the budget in the
Commission meeting of September, so that's...
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:00 NOON AND RECONVENED AT 2:11 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
18. FORWARD TO THE COUNTY A RESOLUTION OF SUPPORT FOR A FURTHER STUDY BY THE
COUNTY FOR POSSIBLE DEVELOPMENT OF REGIONAL IMPACT ON KEY
BISCAYNE/VIRGINIA KEY WITH THE STIPULATION THAT THE CITY SHALL NOT BE
BOUND BY ANY RESULTS OF THE COUNTY AS TO THOSE PROPERTIES WITHIN THE
CITY'S JURISDICTION.
------------------------------------------------------------------------------
Mr. De Yurre: Mr. Mayor, we have two or three residents from Key Biscayne
that just wanted to bring up a point. If we could just expediently get it out
of the way. It had to do with us recommending the DRI study on the Key
Biscayne Development including Virginia Key that the County is going to be
considering at their next meeting, and all they are looking for is that the
City make a resolution in support...
Mayor Suarez: A resolution in support for the idea of a study by the County?
Mr. De Yurre: That's right. I'll move that.
Mayor Suarez:
I've absolutely no problem with that.
Mr. Dawkins:
Second.
Mr. Plummer:
What do you want?
Mayor Suarez:
Support of a study by the County with
no particular...
Mr. De Yurre:
With no... nonbinding...
c
Mayor Suarez:
... specific recommendations.'
Mr. De 'Yurre:
... just recommendations that we can
use as guidelines that we
x
see fit or whatever we want.
Mr. Plummer:
Not mandated on the City?
Mr. Do Turre;
No, no, not at all.
Ll
0
Mr. Plummer: They do not mandate the 1.047 acres that the City owns.
Mr. De Yurre: That's right.
Mr. Plummer: Fine, they can do their study and they can say what they want,
but it's not mandated on us. We are still free to do what we want.
Mr. De Yurre: That's right.
Mayor Suarez: Any dire implications from that? I see some consternation on
the face of the Planning Department.
Mr. Rodriguez: I don't know the...
Mayor Suarez: Is Commissioner Plummer's disclaimer not enough to...?
Mr. Rodriguez: You cannot.. I don't think they can take a portion of the area
that they own out of the DRI.
Mr. Dawkins: They own? Who owns?
Mr. Rodriguez: Excuse me! - that is within their jurisdiction that we own out
of the DRI. We have a portion in Virginia Key that is within Dade County
control...
Mr. Plummer: That is correct.
Mr. Rodriguez: ... but it's owned by the City of Miami. I don't believe that
they can take out, if they do an area -wide...
Mayor Suarez: OR, at this point we are not asking them to take out anything.
We just asking them to study for a possible DRI, for possible anything that
they want to study it for. Is that...
Mr. Rodriguez: They did already the study and the Planning Director for the
County recommended against it.
Mr. Dawkins: OK, let me ask...
Mayor Suarez: I guess they are being asked to do another study. Commissioner
Dawkins.
Mr. Dawkins: They can do what they want with that part that they regulate
anyway, though can't they?
Mr. Rodriguez: Yes, but you can take a position whether you support it or
not. Last time you asked us to take a neutral position.
Mr. De Yurre: All we are supporting is the study. You know, we are
supporting the recommendation that the study be made, that's it, nonbinding.
Mr. Plummer: Yes, but you got to put in there that the City will not be
bound by any of the results of the City.
Mr. De Yurre: No question about that.
Mayor Suarez: As to the properties that's in our jurisdiction, obviously.
Mr. Plummer: Yes, in our jurisdiction or ownership. Well no, ownership, no,
because that's in the County, you're right.
Mayor Suarez: Well, ownership and yes, their jurisdiction, we can't carve
that.
Mr. Dawkins: Is that OK?
Mr. Plummer: Fine with me.
Mr. Dawkins: I'm asking the...
Mr. Rodriguez: I have my concern because already there is a study that his
been done by the County, and the administration from the County is opposing
the whole thing at this point, so...
8� July 130 1989
Mr. Plummer: Why?
Mr. Dawkins: Well, that makes me for it automatically!
Mr. Rodriguez: Why? Because they believe it is not necessary.
Mr. Dawkins: If the County is against it, that makes me for it automatically.
Mr. Rodriguez: No, what I am saying by this is, as I mentioned before, the
last time you asked us to take a neutral position on the 25th, when they meet
on this issue and then report back to you so you can take a position
afterwards, based on what they decide. That was your decision.
Mayor Suarez: There are apparently things that the County has not taken into
account to our satisfaction and maybe a new study would allow those things to
be considered more
Mr. Rodriguez: So you would like us to pass all that information that you
would like to see a new study properly.
Mayor Suarez: I particularly want to see taken into account if it's correct,
what they stated the last time, the whole issue of the peak hours, non -
commuting peak hours use of the facilities out there.
Mr. Rodriguez: We'll prepare a memo under the Manager's signature expressing
your concerns and give it to the...
Mayor Suarez: Urging the study.
Mr. Rodriguez: Urging the study.
Mr. Plummer: Well, let me tell you what we support. We support the Key
Biscayne Council's request for a level B as in "boy," because that means that
anything we want to on Virginia Key on our property will allow us to do it,
without any hesitation or reservation.
Mayor Suarez: We'll have plenty of... yes, plenty of leeway.
Ms. Betty Sime: Could I just say if wait until that's past however, it will
be too late, because the... excuse me, I'm Betty Sime, chairman of the Key
Biscayne Council and eminently right now are very, very large developers who
are ready to proceed practically momentarily, so the purpose of...
Mr. Plummer: Well, one has just been approved.
Ms. Sime: No sir, it has not.
Mr. Plummer: Well, I'm sorry, by the Regional Planning Council.
Ms. Sime: You see, nothing has been approved until it gets the final approval
from either the City or from the County and it is, no one has received their
approval yet.
Mayor Suarez: Well, I don't see how the City has jurisdiction, so don't imply
that the City would be able to give final approval to anything.
Mr. Rodriguez: If you go with a joint DRI, you will have final approval of
the portion owned by the City. We're not... in the areas that is owned by the
City which is under the County's jurisdiction, it is definitely going to have
an effect on our City property.
Mayor Suarez: We heard that argument the last time around. If the idea is to
support a study with further consideration of the same kinds of concerns that
we heard last time, that a lot of us said the County had not adequately
considered, I don't think there is any problem with the motion as stated.
Ms. Sime: No one is considering the overall unless this done. Each
individual developer has very free range.
Mayor Suarez: Now, the implications as to Key Biscayne itself are something
that would take many, many hours for us to... we can't get into that, it's not
even our jurisdiction. OK, we have a motion, do we have a second?
82 July 13, 1989
Mayor Buarek: Call the roll.
The following resolution was introduced by Commisaioner De Yurre, vbb
moved its adoption:
RESOLUTION NO. 89-641
A RESOLUTION EXPRESSING CONDITIONAL SUPPORT FOR
METROPOLITAN DADE COUNTY TO UNDERTAKE A STUDY OF KEY
r; BISCAYNE AND THE UNINCORPORATED AREA OF VIRGINIA KEY
FOR POSSIBLE ESTABLISHMENT OF AN AREAWIDE DEVELOPMENT
OF REGIONAL IMPACT (DRI) RELATIVE TO THE SAME.
(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
5
and adopted by the following vote:
AYESs Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
_ Commissioner Miller J. Dawkins
fVice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
19. EMERGENCY ORDINANCE: Amend 10521 and 10484 - Reduce appropriation for
Beyfront Park Redevelopment North End Amphitheater -Phase II - Authorize
line item transfer to the "Bayfront Park Management Trust Light Tower".
------------------------------------------------------------------------------
-'' Mayor Suarez: Item 11, Capital Improvements appropriations.
Mr. Plummer: Move it.
Mayor Suarez: Moved, Commissioner Plummer. Do we have a second? Increasing
the appropriation in the General Fund, Parke and Recreation?
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, read the ordinance.
Mr.
Plummer: It's committed,
Mr.
Fernandez: This is an emergency ordinance requiring two roll calls.
Mayor Suarez: Give us the nature of the emergency.
Mr.
Plummer: Yes.
Ia
Mr.
Lee: Monies to operate the Laser Tower,
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO TUB PUBLIC
�.
RECORD, BY TITLE ONLY.
t.
f,
Mr.
Dawkins: Mr. Manager, is this old money or new money?
a
Mr.
Odio: Old money.
�x
Mr,
Dawkins: OK, Mrs. Range, I asked that because you were not here and I
will
tell , you now, this Commission y passed legislation which says that for
,
t'honey, they'd have to comb up with $50,000 rot our parks, but giftd* t#iiii it
old ffibhey, they don't have to coibe up with it.
Mf. Odio: And the reason for the eChergencyq is...
Mr. Dawkins: No, J.,j
Mr. Odio: 1 need to say it raft the record, is that we have a Knight Founditloii
Grant that we would lose if we do hot comply with the agreement.
Mr. Dawkins: You see, now you are getting the back on you. I told you to
leave it alone.
Mr: Odio: No, no, no...
Mr. Dawkins: See, you knew this before today. Why didn't you bring it up eta
it would not have to be an emergency, see?
Mr. Odio: Well, because the laser program came after.
Mr. Dawkins: No, the laser problem has nothing to do with your appropriating
this money...
Mr. Odio: Well, I retract
Mr. Dawkins: ... knowing that the Knight Foundation had made this
stipulation.
Mr. Odio: I retract everything I said.
Mr. Dawkins: OK, thank you.
Mayor Suarez: But not from the record so we can get the emergency in. OK, we
have a motion and a second and the ordinance has been read, please call the
roll.
AN ORDINANCE ENTITLED -
al
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10521, AS AMENDED, THE CAPITAL IMPROVEMENTS
'
APPROPRIATIONS ORDINANCE, BY REDUCING THE
APPROPRIATION FOR BAYFRONT PARK REDEVELOPMENT NORTH
END AMPHITHEATER -PHASE II, ACCOUNT NO. 331302, BY
-�}
$50,000; AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO.
10484, AS AMENDED, THE ANNUAL APPROPRIATIONS
ORDINANCE, BY INCREASING THE APPROPRIATION TO GENERAL
FUND, PARKS, RECREATION AND PUBLIC FACILITIES
e
DEPARTMENT, IN THE AMOUNT OF $50,000, AND BY
INCREASING THE AMOUNT OF NON -REVENUES BY A LIKE SUMP
FURTHER AUTHORIZING THE CITY MANAGER TO MAKE A LINE
ITEM TRANSFER OF SAID $50,000 FROM THE GENERAL FUND OF
THE PARKS, RECREATION AND PUBLIC FACILITIES
DEPARTMENT, FISCAL YEAR 1989 BUDGET, TO THE BAYFRONT
PARK MANAGEMENT TRUST ("BPMT") LIGHT TOWER, ACCOUNT
NO. 067009646; CONTAINING A REPEALER PROVISION AND A
*;-:-
SEVERABILITY CLAUSE.
u Was introduced
by Commissioner Plummer and seconded by Commissioner De
Yurre, for
adoption as an emergency measure and dispensing with the
r requirement
of reading same on two separate days, which was agreed to by the
— following voter
s
" AYXSP
Commissioner J. L. Plummer, Jr.
-_
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez T
vp�p
'v
Alone.
}F
t .
None,t
A
kti,t.
Q
t` 3
#hereupon the Confti8blon 6h 'Motion of CoMisaioner Plumer and eeeonded
by Comnissioner De Yurre, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plumber, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None,
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10603.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
20. APPOINT COMMISSIONER J.L. PLUMMER, JR. TO SERVE AS THE CITY OF MIAMI'S
REPRESENTATIVE ON THE BAYFRONT PARK MANAGEMENT TRUST.
Mayor Suarez: On the prior item, I think we have a volunteer to replace
Commissioner Kennedy on the Bayfront Park Trust.
Mr. Plummer: I said I would be happy to do so.
Mr. Dawkins: OK, I'm not going on no other commission, OK? I mean, I'm not
taking no committees that were dropped by somebody to pick up another one, OK?
You all don't want me on that because I'm the one been riding herd on them, so
you all bypassed me...
Mr. Plummer: Well, excuse me...
Mr. Dawkins: ... and I don't want, it, I don't want it.
Mr. Plummer: Excuse me, do you want it?
Mr. Dawkins: No, I don't want it, but I just want them to know that you
dropped two committees, now you pick up one.
Mr. Plummer: Well, I haven't been able to drop the two, but...
Mr. Dawkins: OK, no problem, I just wanted to... OK...
Mayor Suarez: I'll entertain a...
Mr. Dawkins: ... I have to say it if I think it, that's all.
Mayor Suarez:
... motion
to have Commissioner Plummer serve on Bayfront Park
Management Trust.
Mr. Dawkins:
Second.
k,= Mayor Suarez:
You want to
move it?
Mr. De Yurre:
I move it.
Mayor Suarez:
Seconded.
Any discussion? If sot, call the roll.
£T
t
yF
x
f
'
t of
1
j
3
4
The following resolution was introduced by Commissioner De Yurre, aho
moved its adoption:
RESOLUTION NO. 89-642
A RESOLUTION APPOINTING COMMISSIONER J.L. PLUMMER, JR.
TO SERVE AS THE CITY OF MIAMI'S REPRESENTATIVE ON THE
EAYFRONT PARK MANAGEMENT TRUST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
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: And I hope he returns back to the City a lot of money from the
operation, the successful operations of the Trust.
------------------------------------------------------------------------------
21. APPOINT VICE MAYOR VICTOR DE YURRE TO SERVE AS THE CITY OF MIAMI'S
REPRESENTATIVE ON THE BEACON COUNCIL.
------------------------------------------------------------------------------
Mr. Dawkins: I will not accept any appointment to the Beacon Council, I want
you to understand that, Mr. Mayor, OK?
a`
Mayor Suarez: I hope that within the guidelines of the Sunshine Law, you and
I have an opportunity to talk about that a little bit more before you make up
your mind.
Mr. Dawkins: the Beacon Council.
Mr. De Yurre: I'll take Beacon Council. I can have that one. I'll take that.
=.+= Mr. Plummer: I move that Commissioner De Yurre be appointed as this City
delegate to the Beacon Council.
Mr. Dawkins: Second.
LE
Mayor Suarez: Moved and seconded. If no discussion, call the roll.
Mr. Plummer: What's wrong with the Beacon Council? They only meet on Monday ._
mornings at 7:00 a.m, for breakfast.
s.` The following resolution was introduced by Commissioner Plummer, who
0
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 DURING ROLL CALL:
Mr. Plummer: God bless him, yes!
22. DISCUSSION CONCERNING DEVELOPMENT OF THE LATIN QUARTER PROJECT.
Mayor Suarez: The other one is South Florida Regional Planning Council. The
problem with the South Florida Regional Planning Council is you first have to
be a representative recommended by the League of Cities and...
Mr. Plummer: It's their seat.
Mayor Suarez: ... I don't know that we are in a position to decide that
this...
Mr. Dawkins: OK, good.
Mr. Plummer: Mr. Mayor, I have indicated to you sir, that I'll serve for
another period of time, but I've been on the Regional Planning Council I think
now almost three years and it should be rotated around.
Mr. Dawkins: I agree in total. I don't know with whom.
Mr. De Yurre: Well, now that we are talking about the South Florida...
Mayor Suarez: Regional Planning Council.
Mr. De Yurre: Regional Planning Council. This brings something to mind, and
that is I need to make a ;notion to order appraisals for the Specialty Center
in the Latin Quarter so that I can start moving about getting the purchase of
the land there. We haven't done that yet, have we?
Mr. Odio: We are in the process of it.
Mr. De Yurre: OK, and the two appraisals for each parcel?
Mr. Odio: Yes sir, we are in the process of getting appraisals. I Want to
bring an RFP September 14th for the development of that whole thing.
Mr. De Yurre: And I'm talking about the appraisals so that we can start, we
got the money.
Mr. Odio: The appraisals, we are in the process of doing that now.
Mr. De Yurre: When do we expect to have the results?
Mr. Odio: The resolution, yes... when do we have that?
Mr. Bailey: July...
Mr. Odio: On July 27th.
Mr. Bailey: The first meeting in September.
Mayor Suarez: Can you get the appraisals by the second meeting in July?
Mr. Odio; We are in the process of getting the appraisals now.
0
Mayor Suarez: Will they be ready by the second meeting in July so you can
report to us?
Mr. De Yurre: When will we have it then? First meeting September, well at
least so I can take a look at them. When do we expect to have them?
Mayor Suarez: Yes, actually, they can be given to the Commission without
having a special session for it.
Mr. Bailey: The appraisals will probably take some time. We are appraising
quite a few numbers of parcels and it all depends on how fast we get them out
of property management and get the awards to the appraisers to make the
appraisals.
Mr. De Yurre: Well, where are we at now?
Mr. Bailey: We just requested them this week.
Mr. De Yurre: OK, so then, look, I just want to have an idea, when can we get
them back?
Mr. Bailey: Well, if everything goes correctly, we'll probably have them
within 90 days. That's an optimistic point of view.
Mr. Odio: There are quite a few properties that they have to look at.
Mr. Bailey: There's a lot of properties.
Mr. Plummer: May I inquire, Herb, how do you negotiate with an appraiser to
do a job on a percentage or a flat fee?
Mr. Bailey: What we do, we just send it to property management and they order
the appraisals for us and I don't know exactly how they go about that.
Mr. Plummer: Well, the reason I'm asking that, the two appraisals that were
done on 4400, I think it's $2,000 difference between the two appraisers and I,
you know, well, you don't have to answer me now, I just thought you could
answer off the top of your head.
Mr. Odio: It's a flat fee.
Mr. Plummer: But it's $2,000 difference and both did the same appraisal.
Mr. Dawkins% And they rode to the job in the same car, J.L.
Mr. Plummer: That's fine, that saved us a little money, but, you know...
Mr. De Yurre: It made it real independent too.
Mr. Plummer: Also on a parking fee. Please let me know how you do that,
because it seems like to me you bid it out, you bid it out on a certain flat
fee.
Mr. De Yurre: Well, what I'd like to do is get those within... you know, 90
days is too long a time, really. Yes, we got this one in a month when we
wanted it.
Mr. Bailey: You only had one building, Commissioner, and you got less
comparables to go by it with the 4400 Building. Some of those properties in
the Latin Quarter have other comparables they have to go by.
Mr. De Yurre: Well,
I mean, if you get
period of time?
can get different appraisers in? - appraisers who do it?
one to do everything, is that going to take an extended
Mayor Suarez: Yes, nowadays the comparables
computer printout, I mean.
Mr. Odio: Well, I don't know.
Mr. Bailey: We will check and try to get it done as fast as possible.
Mr. De Yurre: I appreciate that.
Mr. Odio: We are trying to set a goal to finish the Latin Quarter SpetialtY
Center for October, 1992 if we can, so we are proceeding in three or four
different areas.
Mr. Plummer: Is that go with Carlos Arboleya dealing Columbus at the
waterfront?
Mr. De Yurre: OK, thank you.
------------------------------------------------------------------------------
23.EMERGENCY ORDINANCE: Amend Code Section 62-55(2), (3) and (4) - Rescind
requirement for posting, mailing and courtesy notices (legal ads) when
the City initiates a Comprehensive Plan, or Zoning Ordinance
encompassing the entire City, or initiates a Comprehensive Plan
Amendment, Change of Plan Designation, Zoning Ordinance Amendment, or
Change of Zoning Classification which deals with more than 5% of the
total land area of the City.
Mayor Suarez: Item 12.
Mr. Olmedillo: This is a request to relax the requirements for legal ads
whenever there is more than five percent of the area of the City being
presented to you for either a zoning change or a plan amendment, the...
Mayor Suarez: The five percent requirement is also similar to the one that's
in the Code and in the State law I guess, for afternoon hearings, after S:OO
p.m., is that correct?
Mr. Olmedillo: What we have in the City right now is that in addition to the
legal ad in the paper, we have to have individual mailings to the property
owners in properties 375 feet around each property and when we are looking at
something like we are looking at to be before you on the 27th then you end up
notifying everybody in the City, which is 85,000 notices. When you mail this,
just the mailing cost, the printed cost, it's very close to $100,000, which we
don't have.
Mr. Plummer: So by this action we take here today, what does that do?
Mr. Olmedillo: Then you only have an ad in the paper, which is one page, this
time happens to be one page ad and...
Mayor Suarez: For matters affecting more than five percent of the land area
of the City we do an ad as opposed to a notice to every homeowner affected for
those kinds of matters.
Mr. Olmedillo: Yes, because we have the ad and in addition we have postage
and the letters.
Mr. Plummer: Why does that have to be a full page ad?'
a
Mr.
Olmedillo:
On this...
Mr.
Plummer:
You got it on a quarter of a page on that
thing. Why do you
have
to go into
anything bigger?
�K
Mr.
Olmedillo: Well, in this instance we have other items that are being
advertised
in
the same ad, so it could be as little as
a quarter page ad.
Now,
you want
something which is legible.
Mr.
Plummer:
Do you know what you pay for a full page ad
in The Miami Herald?`
How much is a full page ad in The Miami Herald?
How
much?
Mr.
Olmedillo:
$7,000. This instance is $7,000.
Mr.
Dawkins:
$8,000,
p � a
89}A
r
r
Mr. Plun ner: Hoer much?
Mr. Dawkins: $8,000.
Mr. Plummer: $8,000.
Mr. Rodriguez: We will do it the smallest size that we can make it that wilt
be legible so people understand what is happening to them.
Mayor Suarez: OK, the smallest sine...
Mr. Plummer: Instead of putting all that wording there, just say that all
rules and regulations are posted at the front door of City Hall.
Mr. Rodriguez: Well, we'll do the best possible way we can. What we are
trying to do with this is trying to save the $100,000 in the postage and the
actual going to the place where we have to mail to each individual affected by
this and all the adjacent property owners, so for that reason, we think it is
an emergency.
Mr. Plummer: Fine, I move item 12.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not read the ordinance. Call the
roll.
Mr. Fernandez: This is an emergency ordinance that requires four/fifths as
well as two roll calls.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 62-55(2), (3)
AND (4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY NOT REQUIRING POSTING, MAILING AND
COURTESY NOTICE WHEN THE CITY INITIATES A -
COMPREHENSIVE PLAN, OR ZONING ORDINANCE ENCOMPASSING
THE ENTIRE CITY OR INITIATES A COMPREHENSIVE PLAN
AMENDMENT, CHANGE OF PLAN DESIGNATION, ZONING
ORDINANCE AMENDMENT OR CHANGE OF ZONING CLASSIFICATION
WHICH DEALS WITH MORE THAN FIVE PERCENT (5%) OF THE
TOTAL LAND AREA OF THE CITY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, 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 J. Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10604.
The City Attorney read the ordinance into the public record and announced that
copies were available to the members of the City Commission and to the public.
COMMENTS MADE DURING FIRST ROLL CALL:
Mr. De Yurre: I can't vote yes on this. You know, the last time we tried to
do something even though we are not obligated to, we got all kinds of heat
from the people they weren't notified. They want to be notified and I think
they'd be willing that this be paid and go on from there, so I have to vote
no.
24. DIRECT CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE JULY 27TH
COMMISSION MEETING ESTABLISHING AN OMNI REDEVELOPMENT AREA TAX INCREMENT
FINANCE DISTRICT TRUST FUND - Authorize Manager to transfer $1.6 million
from General Fund to said Tax Increment Trust Fund.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes.
Mr. Dawkins: You know, you and I have a good relationship, we get along fine,
but you know, I hate to get up and every other morning I'm educated on what is
happening in the City of Miami by the media. Now, somewhere, somehow, I need
to know before the media. Now, this morning, there was an article about some
money being someplace, OK, so I'd like to know these things from you, so that
I can be informed. Now, what fund is the Omni tax increment money in?
Mr. Odio: OK, what's happening with this Omni Tax Increment District, is that
on July 1 of 1987, when the Mayor received the tax roll from the County, the
Plaza Venetia Building was included in the tax roll. The Tax Increment
District was not created until later, I believe July 17, 1987. In other words
the Plaza Venetia Building went into the tax rolls prior to the Tax Increment
District being created and therefor you cannot consider Plaza Venetia taxes as
an increment and I have sent you a copy of and a total report on this. You
should have it in your office explaining day by day what happened with this.
Therefore, we cannot place the tax increment of Plaza Venetia into that roll
because it is not an increment since it happened before it was created. In
fact, as of now, we still don't have an agreement with the County as far as
the Omni tax redevelopment district.
Mr. Dawkins: So what you are saying then is that, and I'm asking for
infornztion only...
Mr. Odio: I'm saying that we have not set aside the monies from the Plaza
Venetia Building because they are in fact, the Budget Department says that the
are not an increment.
Mr. Dawkins: OK, so now am I correct in assuming that there are no taxes, we
can collect no money from that and we will not be collecting any money from
that, therefore there is no place to put it. Is that what you are telling me?
Mr. Odio: I'm saying that Plaza Venetia is not an increment. That is a part -4
of the tax base therefore the monies from Plaza Venetia will not go unless
it's...
Mr. Dawkins: What about the money for the rest of...
Mr. Odio: It was... oh, it will be placed.
Mr. Dawkins: Now, hold it! In the Tax Increment District, there are other F`
-buildings there, other than Plaza Venetia.
Mr, Odio: The money will be set aside.
1
Mr. Dawkins: Well, all right now, will bel Where is it now?
Mr. Odio: Mano... the money has not been set aside because we are waiting for
a legal...
Mr. Dawkins: OK, how much money is it that was not... how much money is it
that was not aside.
Mr. Odio: I believe it is $1,600,000.
Mr. Dawkins: OK, all right now, where is that $1,600,000 going to come from
to be set aside?
Mr. Odio: We have plans in the budget for next year to set it aside.
Mr. Dawkins: All right now, if you set that aside, $1,600,000 for next year,
what is the estimate for the following year.
Mr. Odio: Well, we don't know yet, we had that...
Mr. Dawkins: OK, all right, so now, are you going to set aside $1,600,000
now? And let's just say for the sake of discussion that there's another
$1,600,000. Where are you going to set that aside from?
Mr. Odio: It will come from the increment payments, but the problem is
that...
Mr. Dawkins: OK, well what fund have you set up to put the increment funds
into so that we do not co -mingle them with our funds so that they are already
separate.
Mr. Odio: The same way that Overtown/Park West has been created. It will
done same way.
Mr. Dawkins: You see, I don't want to know the same way, OK? Mr. Mayor.
Mr. Odio: I...
Mr. Dawkins: I pass a motion, Mr. Mayor, that the Tax Increment Trust Fund be
established and that the $1,600,000 be placed in it and that all funds
collected go to that Tax Increment Fund and not one penny will be expended
without the approval of this Commission.
Mayor Suarez: That's in the...
Mr. Plummer: From the increment, of course you can. That's the only thing
that creates the money for the trust. Now let me... I'll second that motion.
I'll second it for discussion. Now, Mr. Manager, at the last meeting you said
that you felt that there was a strong legal position of the City to be able to
extract from that fund for municipal services provided. You were to come to
back to this Commission and give us a percentage of that fund that you felt
would be fair to the City and fair to the fund. I now ask you have you
established that percentage, has it been applied and is the City going to be
receiving those monies?
Mr. Odio: Not yet because we are still waiting for the County to approve the
district. It has not been approved as of now, so I have to wait for the
County to finish the deciding if they want a district or not. The County
Commission has not approved.
Mr. Plummer: Wait a minute. If they've not created a district, how can the
trust fund even accumulate any money?
Mr. Odio: That's what we were waiting to have an agreement with the County
before we proceeded.
Mayor Suarez: Well, the County has...
Mr. Plummer: Well then there is no money disappeared that
collected in behalf of the increment.
Mr. Odio: No, of course not!
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Mr. Dawkins: Well then why are we going to come up with $1,600,000 then if we
don't owe it?
Mr. Odio: You asked me what would the increment be.
Mr. Dawkins: Look, then why are we going to come up with it if we don't own
it? I don't care what I asked youl
Mr. Odio: You asked me what the increment is. I said I think it is about
$1,600,000. Have we set it aside? Next year.
Mr. Plummer: That's out of next year if the district is created.
Mr. Odio: That is correct.
Mr. Plummer: So there is no $1,600,000 disappeared.
Mr. Odio: Yes, but I have to plan that the County is going to approve it. It
hasn't disappeared.
Mr. Plummer: I understand. OK.
Mayor Suarez: No, no, and let's clarify one point...
Mr. Odio: It has not disappearedl
Mayor Suarez: ... the County...
Mr. Plummer: The indication was that the money had disappeared.
Mr. Odio: It has not disappearedl
Mayor Suarez: And the County did approve the district, they just haven't
approved the inter -local agreement yet between the County and the City.
Mr. Odio: Well but as long as we don't have that...
Mr. Dawkins: Wait a minute, hold on.
Mayor Suarez: You don't want to make it sound like the County didn't approve
the district, because they did a couple of years ago.
Mr. Dawkins: So if they approved the district, the money was collected,
wasn't it, Mr. Mayor.
Mayor Suarez: When was the date... that's a good question when was the date
of approval by the County and approval by the City, approximately?
Mr. Odio: July 17, 1987.
Mayor Suarez: OK, and when then, did the increment begin, what taxable
year? - January 1 of what year?
Mr. Odio: 187, and I've been waiting for a legal opinion to say that, what we
are saying as from the budget tax, it's correct.
Mayor Suarez: It cannot be January... I guarantee you the one year cannot be
as January 1, 1987 year, because you declare a tax increment district in
midyear, it cannot possible be picked up that same year. Maybe the next year.
Mr. Fernandez: We think right now, Mr. Mayor, that that 1987 is the operative
Mr. Dawkins: Say what now?
Mr. Odio: I have a memo in your office, you should have it and it spells but
day by day what has occurred with the district.
Mr. Dawkins: tell me what's on the memo now.
Mr. Odio: I don't have that kind of a memory.
Mr. Dawkins: OK now, it ain't no problem, but... OK, call the roll on the
motion, please.
Mayor Suarez: I'm sorry, I have to get a clarification.
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: If what you intend to do is create a fund into which you could
deposit the monies coming from this tax increment district, I believe you
would need an ordinance rather than a resolution to establish that fund.
Mayor Suarez: No, I think what the Commissioner was trying to do is to make
sure that we allocate from the next fiscal year's revenues sufficient monies
to begin funding this fund that for some reason wasn't funded in time, that is
what he was trying to do with the motion, I believe.
Mr. Dawkins: That's all. If it requires an ordinance, I change my motion to
read, Mr. City Attorney, bring back to us at the next Commission meeting an
ordinance establishing the Omni Tax Increment Trust Fund.
Mayor Suarez: Mr. Manager, why don't you, let's just listen to the motion and
see if you can bring us an ordinance if it is needed that accomplishes what
the Commissioner would like it to do. We're all concerned that some monies
may not have been included in the fund that should have been in accordance
with our initial intent and that's all we want to do.
Mr. Fernandez: If such an ordinance is needed, Commissioner Dawkins...
Mr. Dawkins: No, no, if one is wanted! Now don't tell me about what I need!
You give me what I want and then you tell me it's not needed, OK?
Mr. Fernandez: I will bring you an ordinance.
Mr. Dawkins: Bring it back and then if it is not needed, this body will
decide that we don't want it, but bring back what I asked you for, please.
Mr. Fernandez: You got it. You will get it.
Mayor Suarez: And in the meantime I gather we'll all read that memo very
carefully and figure out exactly what took place, because I don't' know if the
audience here is as confused as we are, but we are pretty confused.
Mr. Dawkins: Yes we are, you're right, Mr. Mayor.
Mayor Suarez:
OK, Item 13.
Mr. Dawkins:
No, no, call the roll.
"
Mayor Suarez:
Call the roll, I'm sorry, on the motion.
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The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 89-644
A MOTION DIRECTING THE ATTORNEY TO BRING BACK AT THE
NEXT CITY COMMISSION MEETING (JULY 27, 1989) AN
ORDINANCE ESTABLISHING THE OMNI REDEVELOPMENT AREA TAX
INCREMENT TRUST FUND; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO TRANSFER AN AMOUNT OF
$1.6 MILLION FROM GENERAL FUND REVENUES TO SAID TAX
INCREMENT TRUST FUND, WITH THE FULL UNDERSTANDING THAT
ALL FUNDS COLLECTED SHALL GO INTO SAID FUND, AND THAT
NO MONIES FROM SAID FUND SHALL BE EXPENDED WITHOUT
PRIOR COMMISSION APPROVAL.
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 J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
25(A) REQUEST ADMINISTRATION TO REPORT BACK ON $719,741 RECEIVED FROM URBAN
MASS TRANSIT ADMINISTRATION (UMTA) (See label 26B).
(B) RESCIND PRIOR COMMISSION ACTION EARMARKING $1.6 MILLION FOR
ACQUIRING/DEMOLISHING PROPERTIES FOR CONSTRUCTION OF AFFORDABLE
HOUSING - (a) Allocate $375,000 for land acquisition in Model City area;
(b) Allocate $375,000 for land acquisition in Latin Quarter Specialty
Center district; and (c) Designate $250,000 for the planned progress
economic development proposal.
Mr. Dawkins: All right, I have another one. We have $719,000 from the County
that was given to us as additional funds from UMPTA, which this Commission
designated that this money would be spent only in Overtown/Park West. What
fund is that money in? Beg pardon?
Mr. Odio: It's been allocated to Overtown/Park West and it won't be touched
unless...
Mr. Dawkins: No, what fund is it in now?
Mr. Odio: I don't know, sir.
Mr. Dawkins: All right, well somebody...
Mr. Odio: But it cannot...
Mr. Dawkins: Well, bring somebody to tell me, Mr. Manager.
Mr. Odio: It can only be used on Overtown/Park West.
Mayor Suarez: OK, while you check that.
Mr. Dawkins OK, I got another one, OK?
Mr. Plummer: Oui, yoi, you
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Mr. Dawkins: Mr. Manager, this Commission said that from the road
improvements that we would take $2,000,000, a $1,000,000 with which we could
buy Camillus House or pay down on it or something and $500,000,000 would go to
the Liberty City Project of buying the houses, the crack houses on I-95 and
that $500,000 of it would go to the Little Havana, Latin Quarter. Where is
that money, Mr. Manager?
Mr. Odio: The money for... you mean, that we were getting from the Miami -Dade
downtown...
Mayor Suarez: No, sir, that was from the Community Development Block Grant
money, I believe 13th year.
i
Mr. Castaneda: That's Community Development Block Grant Funds, 14th year and
P
they are available for those specific purposes.
3
i Mr. Dawkins: All right, I'd like to pass a motion, a resolution or an
ordinance, whatever it requires, that this money be identified and earmarked
for the projects just named and that it be not used for nothing else. That's
my motion.
Mr. Castaneda: Commissioner, in the public hearing that we had, it was
identified for that very specific purpose and that has already been done.
Mr. Dawkins: I have been here and I will start with the police station, OK?
We make motions and if we do not spell it out, it does not get done. My
motion says today that $500,000 will be allocated to developing the homes
along I-95, $500,000 will be allocated to the Latin Quarter, and that the
$1,000,000 be allocated to the Camillus House, and that nothing else can be
done with that money unless you come back before the Commission, that's my
motion.
Mrs. Range: I'm going to second that motion.
Mayor Suarez: So moved and seconded. Commissioner Range.
Mrs. Range: Yes.
Mr. Plummer: Clarify for me, you said $500,000 for what along I-95?
Mr. Dawkins: OK, the local crack houses, those yellow houses...
Mr. Plummer: Oh, OK.
Mr. Dawkins: OK, see we are going to buy those and put some affordable
housing in there, we hope, Commissioner Plummer.
Mr. Plummer: OK.
Mayor Suarez: I think that's essentially what we moved before and we had
appropriated these things, but I guess we are going to reinforce it with this
motion,
Mr. Dawkins: Yes.
Mayor Suarez: I am going to ask at the appropriate time, I
don't know if
it's
on the agenda for today, but we had also made a commitment
of $250,000 to the
Planned Process Economic Development proposal, and I
wondered if
the
Commissioner would see in his motion the possibility of
using some of
the
money for that?
Mr. Dawkins; In which...
Mayor Suarez: The Garth Reeves...
Mr. Dawkins: OK, let's get through with this one and I'll get back to
that
one, I'll make one on that one.
Mayor Suarez: Because it seems to me that that might be along the lines,
it
has a lot of the same objectives.
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July 13, ;1P49
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Mr. Dawkins: But see, there again, Mr. Mayor, I agree with you, but we said
that the money for whatever that is, would be taken from the money received
for the sale of the property to Miami -bade Community College. That was the
agreement up here, we made that agreement.
Mr. Plummer: Yes, but that money has already been allocated to the Latin
Specialty, the $1,500,000 surplus.
Mayor Suarez: That's close, that's what he said.
Mr. Dawkins: The whole $2,000,000?
Mr. De Yurre: $1,600,000 to be exact, if we are going...
Mr. Plummer: Yes, that's already... the day I left the Commission, I heard it
on the radio.
Mayor Suarez: I think out of one of the two funds, we ought to find $250,000.
Mr. Dawkins: Now, we agreed to take it out of... wait a minute, hold it.
Mayor Suarez: Out of sale proceeds of the Miami -Dade Community College.
Mr. Dawkins: And it was for $4.5 and the Mayor sat right here and negotiated
it from $3.5 to four point, and it was said that the $500,000 that he
negotiated would go for "Tools for Change." That was said up here, so now what
is the problem now?
Mr. Plummer: The point I'm making is, the money that from the Dade Junior
College property, that money, whatever balance, $1,600,000, approximately, was
given to the Latin Specialty Center. Nothing else can come out of that money,
there is no other surplus there.
i` Mr. De Yurre: That's right.
I f
' Mr. Dawkins: Then all right, let me rephrase my motion, as the Mayor... I
thank you for correcting me... that from the $2,000,000, OK, that we do the
following four things: acquire the property and be prepared to develop it
along I-95, that we donate the same like amount to the Latin Quarter, and that
$1,000,000 be made available for Camillus House and that with the difference
between the $1,000,000 for the acquisition of the land, that we also provide
whatever, the $500,000 or whatever was promised.
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Mayor Suarez: Two fifty, two fifty.
Mr. Dawkins: OK?
Mayor Suarez: I think off the top, the intent is that off the top, we would
take the $250,000 for the Planned Process, and then split the rest in the two
projects of land acquisition, Mr. Manager, always keeping $1,000,000 for the
Latin Quarter that we earmarked.
Mr. Dawkins: OK, but wait a minute...
Mr. De Yurre: No, no, what?
Mayor Suarez: There is a total $2,000,000 that we took from Community
_
Development Block Grant monies. I don't know if it was the intent of the
motion, but this would be what I would hope would be the intent of the motion,
that we'd take $250,000 that we committed to the "Planned Process," that we
take $1,000,000 that we committed to the Latin Quarter Specialty Center and
4
that we split the difference between...
z
Mr. Odio: No, he wasn't...
Mr. Dawkins: No, we can't do that. See, we've already...
Mayor Suarez: The other seven -fifty...
Mr. Dawkins: Let me say - I don't believe that it will take $508,gQ0 to
acquire that property.
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Mayor Suarez: Right.
Mr. Dawkins: OR, so I know something will be left over.
Mr. Plummer: Are you talking about for the Latin Specialty out of this total
fund, $2,600,000?
Mayor Suarez: I'm sorry, I messed up by talking about Latin Quarter. It was
really $1,000,000 for Camillus House and there was $1,000,000 for the
acquisitions, I'm sorry, $250,000 to come off the top for "Planned Process,"
$1,000,000 to go to the Camillus House acquisition, and the other $750,000,
use for the purposes of the lots the Commissioner is talking about.
Mr. Dawkins: Anything that is left from the purchase of the land, all of it
goes to the Latin Quarter, that they got a lot to develop or something.
Mayor Suarez: If there is anything left from the $750,000.
Mr. Dawkins: After we acquire the land.
Mr. De Yurre: Well, you are saying then, if we are going to split then the
$750,000, that goes three seventy-five and three seventy-five for the Liberty
City, and then the Latin Quarter Specialty Center, you are saying that if it
doesn't take that three...
Mayor Suarez: I don't think it will be necessarily exactly three seventy-five
and three seventy-five, because the priority that was set is to acquire those
lots in Liberty City. The Commission...
Mr. De Yurre: Well, that's what I am trying to determine, because I
mentioned, you know, Miller was very specific when he gave to $500,000 to Luis
Sabines and everybody over here, which...
Mayor Suarez: Yes, how about if we split the $750,000, Commissioner Dawkins
and with the understanding if there is more needed for the acquisition of the
lots in Liberty City, that we'll look through the money elsewhere and find it,
I'm sure we will.
Mr. Dawkins: We should go ahead with the five hundred for the Latin Quarter,
since they are building on that, and then we will acquire the property and
whatever it takes, we'll find the difference to find the property, no problem.
Mrs. Range: Is that going to hold up the acquisition of this property in
Liberty City? You know it's been quite some time, I came on this particular
occasion.
Mr. Dawkins: Yes, ma'am.
Mr. Plummer: Right.
Mrs. Range: And it's been over two and one-half or three months now.
Mayor Suarez: What is the estimate of what it might take to acquire those.
properties?
Mr. Odio: The crack houses?
Mr. Dawkins: No, we don't know. We'll ask him. Mr.
Bailey, Mrs. Range asked
raised the question of what have been doing since we
promised to acquire that
land so will you brief her, please, on that I-95, the
yellow houses.
Mr. Bailey: We've ordered appraisals.
Mr. Dawkins: Go ahead, tell her, I know. Tell her,
she doesn't know,
Mr. Bailey: We've ordered appraisals, Commissioner and as soon as those
appraisals come in, we will make an offer to
the property owner for
acquisition. We hope that they will fall within the
amount of money that has
been allocated.
!Mrs. Range: I see, and now what we're saying is that we have three seveaty,
five, rather than $500,000.
N.
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Mr. Bailey: $375,000, I'm not...
Mrs. Range: Is that...
Mr. Bailey: Do we have $375,0001
Mrs. Range: Yes, this is on the floor right now.
Mr. Bailey: That is not going to be sufficient.
Mrs. Range: Mr. Mayor...
0
Mayor Suarez: That's the way I understood it initially, that they would be
$375,000 and $375,000.
Mr. Bailey: We have been working with the understanding that it was $500,000,
because the mortgage on the property is almost that.
Mr. Dawkins: But, we do have money in the housing fund, with which we can do
what we have to do, is that correct?
Mr. Bailey: We use City money for acquisition. We can use that citywide
acquisition fund.
Mr. Dawkins: OK, all right, and then we find it some other Quay. OK, thank
you. You just acquire the land, Mr. Bailey.
Mr. Bailey: Are you saying acquire the land at what is the best price and
then we find the money?
Mr. Dawkins: Yes, right.
Mr. Bailey: Fine.
Mr. Plummer: Well, no, no, Herb, I don't think this Commission is writing you
a blank check. OK, I think you are authorized at this point to go and
negotiate up to $375,000. Anything beyond that, you are going to have to come
back, because for my understanding, we're going have to find the money.
Mr. Bailey: Commissioner, regardless of the price that has been negotiated,
it always comes back before this Commission for approval with the
justification. We do not acquire property without Commission approval.
Mayor Suarez: But just to clarify further that we are not giving you a blank
check, that's a good way to phrase it.
Mrs. Range: So now when we go back to our group, we will have to let them
know that it's $375,000 rather than $500,000 for the acquisition.
Mr. De Yurre: Well no, well, let's clear that up, because if we have $500,000
for the Latin Quarter Specialty Center and we've given up $250,000 for this
other situation...
Mr. Dawkins: You are not giving up $250,000... oh, go ahead.
Mr. De Yurre: And so, what we got left right now is $250,000, plus whatever,
and then if we need more money it will come before the Commission and we'll
get it.
Mayor Suarez: $375,000 and $375,000, if we split the $750,000, is...
r`
Mr. De Yurre: Well, Miller just said he wanted to maintain the $500,000 for
the Latin Quarter Specialty Center.
Mayor Suarez: You know, we have flexibility on the other funds from the
college, because there is no, nothing written in stone that says it is going
to take $2,400,000 to move all of the offices that are there now.
Mr. Dawkins: Let's authorize Mr. Bailey to move forward and come back to us.
And like J.L. says, even if it is $200,000, come back, like you always do,
F`
air. No problem.
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99 July 13, M9
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NOW
Mr. Plummer: Long live the Camillus House.
Mr. Fernandez: Mr. Mayor.
Mr. De Yurre: Well, yes and Mr. Mayor, the point that I want to make too, is
if I'm given a directive by this Commission to proceed and expedite the Latin
Quarter Specialty Center, I need the funds to go ahead and proceed with this,
because if not, you know, we do all the appraisals and we do everything, and I
am counting with $2,100,000...
Mr. Dawkins: Yes, but nobody is stopping that. See, I don't want the
community out there to figure that this Commission is backing off from this
agreement. So don't nobody put that out there. You see, from the way this is
leading, it is leading to the fact that, hey, they gave you all $500,000 and
now they took it back, they are playing games with you, that's not it.
Mayor Suarez: And Mr. Vice Mayor, with all due respect, as the good
negotiator that you are, the more you let the other side know that you are
constrained, the better you can negotiate, knowing that sooner or later we're
going to get on with that project one way or the other, but don't...
Mr. De Yurre: But I've got to deal with reality too.
Mayor Suarez: Right.
Mr. De Yurre: You know, don't let me go in there with, you know...
Mr. Plummer: Well, you know, let me go on the record, Mr. Mayor, and I can't
let this go by. The Specialty Center, I think this Commission is proved
itself that it is dedicated to see that a reality. I think that they have
received, the last Commission meeting, $1,600,000 in a definite commitment,
OK? Now, the remaining money, as far as I'm concerned, if whether or not we
spend it to get rid of some damn crack houses that need to go, or further fund
the Speciality Center, I've got to go with the crack houses and get rid of the
damn things. We can always find more money in next year's budget for that
Latin Specialty, after they spend the $1,600,000.
Mr. De Yurre: OK, now, but there is an understanding...
Mr. Plummer: As far as I'm concerned, you've got to set a priority, and in my
priority, in this particular case, it says, you know, I've been on a sting
operation at that location and it is a distribution point for South Florida.
Mr. De Yurre: It is my understanding also there is monies available for the
purchase, that Herb Bailey has just told me has access to. He's going to
bring before the Commission for approval to purchase it.
Mr. Plummer: No one on the Latin Speciality Board can question the dedication
of this Commission. I think what we need to do is to dedicate of that $750,000
that project first and foremost, whatever money it takes to do it, and then if
there is not much left over for the Latin Specialty, we'll find more money,
but let's get rid of the number one enemy of this community, some more of
those damn crack houses.
Mrs. Range: I'd certainly have to agree to that, Mr. Mayor. The squads are
out there over and over and over again, and it simply does not seem to be
getting any better. That's a very, very critical area.
Mr. De Yurre: I understand what we're talking about here, but you know, if
our word was given when all these people were here, and they heard us give
them the $1,600,000 and Miller came up with the $500,000, you know, that's a
commitment and we can work hard at finding other funds which there are
available other funds. Now, I don't want to come back and find Luis Sabines
and CAMACOL and the Specialty Center
people saying hey, you
guys, when we are
there, you give us some money, we turn around and you pull it
away from usl
Mayor Suarez: But we don't know how
much that land is going
to cost and I...
Mr. Plummer: That's the problem.
`=
Mayor Suarez: ... can tell you that
having...
100
July 19, 1909
�e
Mr. Pluaitoer: You don't know what the land is going to cost in the Spetia.lty
Center.
Mayor Suarez: I think one point six...
Mr. De Yurre: Well, then we shouldn't have given the money.
Mayor Suarez: That may be correct.
Mr. De Yurre: Well, but you know, it's too late.
Mayor Suarez: Having... what do you mean, it is too late? Having
$1,600,000...
Mr. De Yurre: Well, it's too late morally. Morally for me it is too late to
go back and vote no, when I voted yes when they were here.
Mayor Suarez: Mr. Vice Mayor, do you know what that property is appraised at?
Do you know what is a fair value to pay? Do you know what is a...
Mr. De Yurre: About $2,500,000.
Mayor Suarez: I don't know that. I don't...
Mr. De Yurre: Well, that's the numbers that I got the other day.
Mayor Suarez: You know, having $1,600,000 out of $2,500,000 is an incredible
shot in the arm to get that project going and like was stated in the next
round of Community Development Grant monies we can complete that. There is no
going back on a pledge to complete that project if the price is right. You
know, you don't want to go into negotiations with a blank check, the same
thing we said before. You know, the negotiations have got to be carried out,
in this case by a Commission, in the other case by City staff, knowing that
you have to pay, you know, the minimum amounts required, what is needed to
complete that project and having $1,600,000 guaranteed and additional monies
as a guarantee in principle by this Commission is more than enough to complete
those negotiations.
Mr. De Yurre: I understand. I understand what you're saying and I agree with
that concept. Now, in order for me to vote with this change, I think the
least we can do is call in the people that are involved in that and bring them
here and explain to them that listen, you are not going to lose the five
hundred, because we are committed, but it seems to me, you know, it's going
get some people misunderstood!
Mayor Suarez: I don't think there is anything to explain, but you are welcome
to call them and explain at any time that you would like.
Mr. De Yurre: That's just my feeling, that's the only reason I would have to
vote against it.
Mayor Suarez: OK, do we have the understanding of the motion as stated? Do
we have a second?
Mr. Fernandez: Yes.
Mayor Suarez: Call the roll on that.
Mr. Fernandez: Mr. Mayor, point of clarification. I don't know whether Madam f
City Clerk is clear on the resolution...
Mr. Plummer: Read the motion back you have.
Ms. Hirai: There have been three different versions,
Mr. Fernandez: Yes,
Mr. Plummer: Which one are we voting on? i
Mayor Suarez: The motion as I think we have discussed, Arad areleted #i
consensus, is that we take the $2,000,000 and we split, we take $1,000,000 for
101 July, 13, 1989 '
the Camillus House purchase, that is previously agreed to, we take $250,000
for "Planned Process," and of the other $750,000, we allocate in equal parts
to the purchase of the crack houses in Liberty City area and to the Latin
Quarter Specialty Center, understanding that three seventy five might not be
enough for either one of those, but also understanding that we'll find the
money to complete the acquisition of the crack houses as you stated, which is
a very high priority, perhaps higher than completing the monies for Latin
Quarter this year, but knowing that we are going to find the monies for both,
if the price is right for both. Now, we can't go into negotiations agreeing
to pay...
Mr. Fernandez: Yes, but a point of order, Mr. Mayor. I believe that then if
you want to pass this resolution, that necessitates rescinding a previous
resolution of this Commission in which you allocated by resolution, a certain
amount of $500,000 to the Latin Quarter.
Mayor Suarez: So be it. I don't think a resolution that was never acted upon
has to particularly be rescinded, but that's... however you want to interpret
it.
Mr. Dawkins: Do you want to do this?
Mr. Castaneda: That resolution was approved at the public hearing and that
was CDBG plan that we sent to HUD in Jacksonville.
Mayor Suarez: OK, so we have it in that form. We have a motion, 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. 89-645
A RESOLUTION SUPERSEDING MOTION NO. 89-390, ADOPTED
APRIL 27, 1989, WHICH EARMARKED $1 MILLION FROM 1989-
90 COMMUNITY DEVELOPMENT BLOCK GRANT/STREET
IMPROVEMENT FUNDS FOR THE PURPOSE OF ACQUIRING AND
DEMOLISHING PROPERTIES IN CONNECTION WITH THE
CONSTRUCTION AND DEVELOPMENT OF AFFORDABLE HOUSING
PROJECTS IN THE BLIGHTED AREA OF LITTLE HAVANA AND THE
AREA BETWEEN NORTHWEST 53RD THROUGH 57TH STREETS, AND
FROM 7TH AVENUE TO THE I-95 EXPRESSWAY ("MODEL CITY");
AMENDING AND SUPERSEDING SECTION (b) OF RESOLUTION 89-
464, ADOPTED MAY 11, 1989, WHICH DIRECTED THE CITY
MANAGER TO SET ASIDE $500,000 FROM SAID FUNDS FOR LAND
ACQUISITION IN THE LATIN QUARTER DISTRICT OF THE CITY;
FURTHER DIRECTING THE CITY MANAGER TO EARMARK $250,000
FROM SAID FUNDS FOR THE PLANNED PROGRESS ECONOMIC
DEVELOPMENT PROPOSAL.
(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: Vice Mayor Victor De Yurre
ABSENT: None.
Mr. Dawkins: I'd like to let everybody know... you've already said it, but we
need to reinforce it. Up here we act on the things that we have in hand.,>
What was in hand yesterday may not be in hand today. -
a., 102 July 13, 19$9-
JeS.
i
Mr. Plummer: Nor the priorities.
Mr. Dawkins: So therefore, nobody is turning their back on anything. It is
just that the body decided to do the same thing, but do it differently. So
now, I know we are going to hear it an all the radios that we took the money
back that we gave, but we did not take it back, we just extended it.
------------------------------------------------------------------------------
26. (A) BRIEF DISCUSSION CONCERNING A $1.6 MILLION TRANSFER FROM THE GENERAL
FUND TO THE OMNI DISTRICT TRUST FUND.
(B) (Continued Discussion) MANAGER RESPONDS TO COMMISSION'S CONCERNS
REGARDING $719,741 CHECK PREVIOUSLY RECEIVED FROM URBAN MASS TRANSIT
ADMINISTRATION (UMTA) WHICH IS BEING APPROPRIATED FOR THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT (See label 25A).
Mr. Plummer: Mr. Mayor, let me read into the record, if I may, from memo of
the City Manager of yesterday, which I think clearly indicates what his
intentions are. The City followed the Attorney's recommendation, $1,600,000,
in parenthesis, 1988-89 will be transferred from the General Fund revenues to
the Omni District Trust Fund. It's clear and if the City Commission approves
it, that's all that is necessary.
Mr. Odio: If I may, Commissioner Dawkins, your question on the $719,741 is
item 29 in your agenda today in which you are appropriating those funds for
the Southeast Overtown/Park West Redevelopment Project. It has been set aside
in the General Fund. Once you approve this, they will be transferred over.
Mr. Dawkins: OK, thank you.
Mayor Suarez: I hope when we get to item 29 it will become clear that those
funds are going to be spent not for acquisition of further properties, but to
actual improvements in the Overtown area as we had previously resolved, since
the disturbances in January.
27.EMERGENCY ORDINANCE: Authorize Manager to seek approval from the Dade
County Commission to use Redevelopment Trust Funds - Appropriate
$490,793 from Southeast Overtown/Park West Redevelopment Trust Fund to
make interest payment on a U.S. HUD Section 108 Loan for Phase I Land
Acquisition.
Mr. Plummer: I move 13.
Mr. Dawkins: I second 13.
Mayor Suarez: 13 is moved and seconded. Any discussion? If not, call the
roll.
Mr. Fernandez: It is an emergency requiring...
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE CITY MANAGER TO
SEEK APPROVAL FROM THE DADE COUNTY COMMISSION FOR USE
OF REDEVELOPMENT TRUST FUNDS AND APPROPRIATING
$490,793 FROM THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT TRUST FUND FOR THE PURPOSE OF MAKING AN
INTEREST PAYMENT ON A U.S. HUD SECTION 108 LOAN FOR
PHASE I LAND ACQUISITION.
Was introduced by Commissioner Plummer and
Dawkins, for adoption as an emergency measure
requirement of reading same on two separate days,
following vote:
103
seconded by Commissioner
and dispensing with the
which was agreed to by the
July 13, 1989
Aug: C6mft1h61oner J. t. Plummer, Jr.
Cbfftt6*ibner M. Athalte Riftga
Coftanissioner Miller J. Daftina
`vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ROM None.
A$SRNT: None.
Whereupon the Commission on motion of Commissioner Plummer And seconded
by Comrnissioner Dawkins, adopted said ordinance 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
NORSs None.
A$SRNT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10605.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
28. AUTHORIZE MANAGER TO SEEK APPROVAL FROM THE DADE COUNTY COMMISSION TO
USE REDEVELOPMENT TRUST FUNDS - Approve expenditure ($490,793) from the
Southeast Overtown/Park West Redevelopment Trust Fund to make interest
payment on a U.S. HUD Section 108 Loan for Phase I Land Acquisition.
— --------------------------------- .,.._---------------------------�------------- �
Mr. Plummer: Move 14.
`j
Mayor Suarez: 14 has been moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Companion item, any discussion? If not, call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 89-646
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SEEK _
APPROVAL FROM THE DADE COUNTY COMMISSION FOR USE OF t
REDEVELOPMENT TRUST FUNDS; FURTHER APPROVING AN
EXPENDITURE IN THE AMOUNT OF $490,793 FROM THE `
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND s
FOR THE PURPOSE OF MAKING AN INTEREST PAYMENT ON A,
U.S. HUD SECTION 108 LOAN FOR PHASE I LAND
ACQUISITION.
x,
(Here
follows body of
resolution, omitted here and on aFg
file
in the Office of
the City Clerk.)
�r_m
Upon being
seconded by Commissioner Dawkins,
tha reaolutiloh was pa.+ed. a
and adopted by the following vote:
_ $ 3.0ti
404
��3�
A
AM; Commissioner J. L. Plummer, it.
Comi issioner M. Athalie Mange
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13
29. SECOND READING ORDINANCE: Amend Code Sections 62-61 and 62-62 -
Increase zoning and planning related fees - provide for advertising
surcharge - increase fees concerning application requests for review of
Zoning Board, Zoning administrator or Director of Planning Department
decision.
Mayor Suarez: Item 15.
Mr. Plummer: Move it, second reading.
Mayor Suarez: Moved on second reading.
Mr. Odio: I'd like to put something on the record. I think that it is
important and we owe this to the Construction Planning Advisory Board and all
the others that are concerned and working with us, that all the funds raised
from these fees that are coming up now, Building and Zoning, will go to fund
the Building and Zoning Department exclusively, but we are still having to
contribute, even if we pass thee fees, $1,000,000 from General Fund to
maintain the department so we are still short from the zero, but the fact is
all this money is going to that, that was their concern.
Mr. Plummer: I'll give you one more year to get to the zero point.
Mayor Suarez: Now, are you saying that that is going to be a built in
constraint, or just your statement of purpose, because mathematically, we
still are not going to be able to have a self-supporting department.
— Mr. Odio: The purpose is that the department that raises the fees keeps the
money. That is what I am saying very clearly.
Mayor Suarez: But you are not building that into the ordinance.
Mr. Odio: If we had it, no, but if you want to, I'd be glad to put it in.
Mayor Suarez: No, no, because you know you and I have a philosophical
disagreement on that, I mean I don't believe in these self-supporting
departments. If we can getthem to be self-supporting, I think we should
try, of course and to the extent that we can it's a good thing, but... OK, we
have a motion and a second. Read the ordinance.
Ms. Hirai: Mr. Mayor, I need a second for the motion.
Mayor Suarez: Commissioner Range seconded it. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 62-61 AND 62-62 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 8Y
INCREASING ZONING AND PLANNING RELATED FEES; PROVIDING
FOR AN ADVERTISING SURCHARGE; FURTHER, INCREASING FEES
} CONCERNING APPLICATION REQUESTS FOR REVIEW OF
DECISIONS OF THE ZONING BOARD, ZONING ADMINISTRATOR OR
DIRECTOR OF THE DEPARTMENT OF PLANNING; AND CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
E
41
thestet;tpoa given Its second and finAl reading by title and passed AM adoittd
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Athalie Range
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor victor De Yurre
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10606.
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.
Mr. Dawkins That was an emergency, wasn't it?
Mayor Suarez: No, second reading.
Mr. Fernandez: No, it was not.
Mr. Dawkins OR.
30. SECOND READING ORDINANCES Amend Code Section 2-75 - Increase and
redefine required fees to cover cost of enforcing Zoning Ordinance and
South Florida Building Code.
Mr. Plummer: This is also 16 is second reading. Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
ordinance. Call the roll.
AN ORDINANCE -
Any discussion? If not read the
AN ORDINANCE AMENDING SECTION 2-75 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH SETS FEES
FOR ZONING CERTIFICATES OF USE; BY INCREASING AND
REDEFINING REQUIRED FEES TO COVER THE COST FOR THE
ENFORCEMENT OF THE ZONING ORDINANCE AND THE SOUTH
FLORIDA BUILDING CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 7, 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°
Mayor Xavier L. Suarez
f
NOES: Vice Mayor Victor De Yurre
Y`
ASSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10607.
The City Attorney read the ordinance into the
public record end
�
announced that copies were available to the members of the
City Comm
ublic.'
to the public.
Ai
r
-.:
�f
4
It. SECOND READING ORDMANCE: Amend 6145 (fees for building, plumbittgi
Electrical, mechanical (including boiler and elevator) inspettioti,
permits and certificates) - Add new procedure for collection of
reinspection fees, increase permit fees and correct scriveners' errors
to improve operation and cover cost for enforcement of South Florida
Building Code.
Mt. Plummer: Move 17.
Mr. Dawkins: Second.
Mr. Plummer: Read 17.
Mr. Jorge Fernandez: Moved and seconded. Seventeen is - the administration
is making a few changes to the ordinance as it was distributed to you. The
title would read a little bit differently, and if you go to page two of the
ordinance, they are actually deleting all of sub -paragraph g and the section
that's stricken through is reverted back to the original and it's staying in
force. "An ordinance amending section five of the ordinance...", and it
doesn't require, this could still be second and final reading because these
changes do not require that it be for it to go back as a first reading. So
this is second and final reading of that ordinance with those changes being
made.
Mr. Plummer: Call the roll.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145
ADOPTED MARCH 19, 1958, AS AMENDED, WHICH ESTABLISHES
FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL
(INCLUDING BOILER AND ELEVATOR) INSPECTION,
CERTIFICATE OF USE BY INCREASING PERMIT FEES AND
MAKING VARIOUS CORRECTIONS OF SCRIVENER'S ERRORS IN
SAID SECTION 5 TO IMPROVE THE OPERATION AND COVER THE
COST FOR THE ENFORCEMENT OF THE SOUTH FLORIDA BUILDING
CODE, CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of June 7, 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 s Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
39. SECOND READING ORDINANCIs Arbehd Code Section
9-499 (jtt#"Atjotj&j ttAdo board) - Add t alternate members - or
Ovide a Method to dimitt board
Members who fail to attend meetings.
Plummer: Move IS.
-A
2V
Mr. Dawkins: Second:
Mayor Suarez:
has been moved and seconded. Any discussion? #frkoto road
the ordinance.
Mr. Fernandez: This in a second reading of an ordinance.
Mayor Suarez: Call the roll.
AN ORDINANCE
AN ORDINANCE AMENDING SECTION 2-422 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE
INTERNATIONAL TRADE BOARD, BY ADDING FIVE
ALTERNATE MEMBERS; PROVIDING A METHOD TO DISMISS BOARD
MEMBERS WHO FAIL TO ATTEND MEETINGS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 7, 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 readinby title and passed and adopted
by the following vote: g
Commissioner J. L. Plummer, Jr.
AYES:
Ve-
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
-A
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10609.
The City Attorney read the ordinance into the Public record and
announced that copies were available to the members of the City comm iggio an to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I have a question here. Are we going to appoint the five
alternates? Is each one Of us going to appoint one?
Mr. Fernandez: Yes, You Will be doing that
effective. when the ordinance becomes
Mr. Plummer: When it becomes effective,
alternate member to appoint we will then be looking for an
M-.- Fernandez: Correct.
Plummer: Thank you, I vote yes.
Wy
1W,
gi-n'
3z
l - j -.P C .lY r{Y M1 t2 9 i 4 y'xC 4
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et. A
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9
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.........-. , ..., _ R.L..—i.��.
S�62* READING 1ORbfNAVMt Amthd V6591 t+etablish Project.— a
�: l3ltpanded Facilities^ - Appf6 sriate funds. Soiid $iARt+B
Mayor Suaret: item 19. -
Mr. Plummer: 19, T move it.
Mr. Dawkins: Second. 1
Mayor Suarez: Moved and seconded, any discussion? if not, read the
ordinance. Call the roll.
Mr. Plunm 6r: Are
everything? You guys awake over there? 1,thi. am having to move —
Mr. Fernandez: Second and final reading.
a
Mayor Suarez: Appreciate Commissioner Plummer moving so many items so quickly
so we can go through the agenda. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE No.
10521, THE CAPITAL IMPROVEMENTS APPROPRIATION
ORDINANCE, AS AMENDED, ADOPTED NOVEMBER 17, 1988, BY
ESTABLISHING THE PROJECT ENTITLED "SOLID WASTE
t EXPANDED FACILITIES", PROJECT 353008, IN THE AMOUNT OF
$25,000; APPROPRIATING FUNDS IN SAID AMOUNT FOR SAID
PROJECT FROM THE 1970 POLLUTION GENERAL OBLIGATION
- BONDS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 7, 1989, was
4� taken up for its second and final reading by title and adoption. On motion of }'
Commissioner Plummer, seconded b Commissioner
�-� Y Dawkins, the Ordinance was
. thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES t'
Commissioner J. L. Plummer, Jr.
n
Commissioner M. Athalie Range s
Commissioner Miller J. Dawkins
'- Vice Mayor Victor De Yurre
f Mayor Xavier L. Suarez
NOES; None.
r
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 1061O.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Comanssion and
to the public.
t�
S F
r-
_ s ,n - _ 4 4 h ,�. -
� t it , a� Fi-�+5 �.. � 4�v, �,.. 1 r' a� Y`,� --
_ s 6' 5 4zz
Pu
ft
10 °*3iffuy
a � 6�!.—
34. SECOND READING ORDINANCE: Amend Code Section 2-316 (concerning
political lobbyists) - Change filing requirement from a quarterly to a
yearly filing.
Mr. Plummer: Move 20. We are letting a lobbyist off the hook here.
Mayor Suarez: Quarterly to yearly filing, yes, OK, we have a motion, do We
have a second? - for refiling of obvious expenditures. Moved and seconded:
Any discussion? If not read the ordinance. Call the roll.
Mr. Fernandez: Second and final reading.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 2-316 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH GENERALLY
REQUIRES THAT A LOBBYIST SUBMIT A STATEMENT UNDER OATH
LISTING ALL LOBBYING EXPENDITURES AND THE SOURCES FROM
WHICH FUNDS FOR SUCH EXPENDITURES HAVE COME, BY
CHANGING THE FILING REQUIREMENT FROM A QUARTERLY TO A
YEARLY FILING, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 7, 1989, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES:
ABSENT:
Commissioner Miller J. Dawkins
None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10611.
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.
35. SECOND READING ORDINANCE: Amend 10484 - Increase appropriations for
General Fund, Law Department, and Miscellaneous Revenues from Department
of Off -Street Parking funds to meet increased operating costs due to
City Attorney's duties as General operating costs due to City Attorney's
duties as General Counsel to Off -Street Parking Department and Board.
t
Mr. Fernandez: Correct.
Mayor Suarez: To the extent of $121,164, It eounda like a reduction over the
private attorneys in the past. Roughly, do you want to give us an eatithate#
Mr. Dawkins: For Mrs. Range's information, Mrs. Range, we decided that we
could do the work of the Off -Street Parking through our attorneys cheaper than
we could letting them contract it out, so this is showing that we're moving
the money from the Off -Street Parking into his budget to pay for doing that
law work.
Mrs. Range: That's agreeable.
Mayor Suarez: And we have to get a Charter amendment passed to accomplish it.
OK, we have a motion and a second. I see Jack Mulvena is smiling over there,
leased. Read the ordinance, call the roll.
Mr. Fernandez: Second and final reading.
Mayor Suarez: I don't know why Emilo Lopez over there is so pleased also with
the Off -Street Parking Authority. It must be a sign of the times. Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE
NO. 10484, ADOPTED SEPTEMBER 17, 1988, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1989, BY INCREASING THE APPROPRIATIONS
FOR THE GENERAL FUND, LAW DEPARTMENT, IN THE AMOUNT OF
$127,764.00 AND BY INCREASING MISCELLANEOUS REVENUES
IN THE SAME AMOUNT FROM DEPARTMENT OF OFF-STREET
PARKING FUNDS TO MEET INCREASED OPERATING COSTS
RESULTING FROM THE CITY ATTORNEY'S PERFORMANCE OF
DUTIES AS GENERAL COUNSEL FOR THE OFF-STREET PARKING
DEPARTMENT AND BOARD; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 7, 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 Ran e
g
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
r
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10612.
The City Attorney read the ordinance into
the public record and
announced that copies were available to the members of
the City Commission and
z
to the public.
mt
' ,-�
Mayor Suarez; When he used to hear about them, he'd
peak up right away, now x
he's sleeping back there.��
k
E ,
r
Zi
rid iM
AN
y S'
g{
96. SECOND READING ORDINANCE- Amend 10521 - Establish new project: "Fedef,tl
Law Enforcement Building" ($30,000,000) - Appropriate funds.
=--=---"--=- _-------L. L.---�Y - ._ _--------=----= -----------_---`
Mayor Suarez: OK, item 22.
Mr. Dawkins: Move it.
Mayor Suarez: Do we have a second on item 22? - Federal taw Enforcement
Building.
Mr, De Yurre: I'll second it.
Mayor Suarez: Seconded by the Vice Mayor. Read the ordinance.
Mr. Fernandez: Second and final reading.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10521, AS AMENDED, ADOPTED NOVEMBER 17, 1988, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW PROJECT, ENTITLED "FEDERAL LAW
ENFORCEMENT BUILDING." PROJECT NO. 311014 IN THE
AMOUNT OF $30,000,000; APPROPRIATING FUNDS IN SAID
AMOUNT FOR SAID PROJECT FROM RENTAL REVENUE BONDS,
SERIES 1988 PROCEEDS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 7, 1989, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Commissioner De Yurre, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
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. 10613.
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: I'm just looking down this list of expenses here, OK? Have we
gone through this thing? Where's Garcia? Are all of these, I mean, some of
�a
these expenses here to me are really heavy, heavy.
Mr. Odio: This is the Federal Building?
i
Mr. Plummer: Yes. :' f
K
Mr.
Odio: OK.
E' 'S. .3
Mr.
Plummer:
$300,000 for an underwriter's discount?'A
Mr.
Odios We're
in the wrong business.
Mr.
Plummer:
Hey, I'll tell you we are in the wrong
busneee. What dQaa that;;
wean? I have
trouble interpreting that.
:}-
Mr. Bailey: Means you're in the wrong business, Commissioner. This is...
that's our cost of issuance, the amount that has already been established by
the underwriters for floating a bond issue of $30,000,000.
Mr. Odio: I went to my first closing about a month ago and there were 25
people sitting around a table signing papers at about $100 each.
Mr. Plummer: You are saying to me that these prices as outlined are
competitive?
Mr. Bailey: Those underwriters were selected by this Commission based on
RFP'a submitted.
Mr. Plummer: I didn't say that. I said are you telling me these prices are
competitive?
Mr. Bailey: Yes, the point I'm getting to is that we selected them because we
thought their prices were the most competitive.
Mr. Plummer: You know, I understand yes or no.
Mr. Bailey: Yes.
Mr. Plummer: Thank you.
Mayor Suarez: OK.
Mr. Plummer: You pay them a lot of money, they've got to go on a big
dissertation! Reduce his salary we'll get a yes or no. I vote yes.
------------------------------------------------------------------------------
_ 37. DISCUSS AND DEFER PROPOSED SECOND READING ORDINANCE - which would amend
10521 by increasing appropriation for existing project: "Citywide Street
Improvements-FY'89".
------------------------------------------------------------------------------
_ Mayor Suarez: Item 23. Capital Improvements Appropriations ordinance,
citywide street improvements, $29,000.
Mr. Plummer: Move it.
Mr. Dawkins: Second and under discussion.
Mayor Suarez: Moved and seconded. Commissioner Dawkins.
Mr. Dawkins: Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Dawkins: Are you sure, see you said you are accepting this $28,846 to out
for bids. What happens now, if to put those streets back in, it's more than
$28,846 and that's all you got from the School Board. What happens then?
Mr. Luis Prieto: Mr. Commissioner, we feel that we can do it for that price.
Mr. Dawkins: Now see, you are not answering my question.
Mr. Prieto: We
don't have the money. We don't. No, they would not give us
more than that.
Mr. Dawkins: You see, I cannot vote for this until you come in with bids.
See, I mean me
personally, I just can't see going and then the taxpayers got
to pick up the
cost of repaving a road that we closed for the benefit of the
School Board while
they demolish the Lindsey -Hopkins Building and now you are
telling me that
they are going to graciously hand me $28,000 and say, here the
hell with you,
go on. If that does it, fine, if it don't, you got a problem.
Igot a...
Mr. Odio: Can
I recommend something, Commissioner? Why don't you pass this
4;_,
and we'll bring
the bids back if they exceed this amount.
R.
113 July 13, 1969
Mr. tlutft6ti What happens if we do nothing?
Mr. Odtbt #cell, we leave the attest as is.
Mr. prietb: Yes.
Mr. Odio: It is a very unsafe street as is.
Mr. Plummer: But that unsafe street is not for us. This is Wshote, that+a
their street, up there.
Mr. bdio: Well they...
Mr. Plummer: Doesn't it seem fair for their safety that they would Rio
whatever the construction bids come in?
Mr. Prieto: Yes, presumably they would, but they claim they have no further
funds and...
Mr. Plummer: I'll tell you what. The Commissioner made a good statement.
Bring the bids back. If they are over $28,800, they got their choice. They
can either pay it, or we do nothing.
Mr. Dawkins: That's right. OK.
Mr. Prieto: OK, fine.
U- D 1 ...w.n- r i m * 4 r&A attha i A i o i tag those who are not at the top of their
•
11
38. SECOND READING ORDINANCE: Amend 10521 - Establish project: I'Miasaatina
Fishermen's Pier 5"
Mayor Suarez: Item 24.
Mr. Plummer: Unfortunately, I move it.
Mr. Dawkins: Ha ha, you should! I second.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Plummer: The price of dolphin just went up:
Mayor Suarez: If not, read the ordinance.
Mr. Plummer: That's a ripoff if I ever saw one.
Mayor Suarez:
roll.
AN ORDINANCE -
Oh in fact, that's the opportunity to clarify. Yes, call the
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10521, ADOPTED NOVEMBER 17, 1988, AS AMENDED, THE
CAPITAL APPROPRIATIONS ORDINANCE, BY ESTABLISHING THE
PROJECT ENTITLED "MIAMARINA - FISHERMEN'S PIER 5",
PROJECT NO. 413013, IN THE AMOUNT OF $1,531,200 FROM
SUNSHINE STATE LOAN BOND POOL; CONTAINING A REPEALER
} PROVISION AND A SEVERABILITY CLAUSE
Passed on its first reading by title at the meeting of February 9, 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 x'
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez _
yr NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10614.
The City Attorney read the ordinance into the public recordand
announced that copies were available to the members of the City Commission and -
#r�: to the public.
^ �f4iii -------__-----r--_——•---------------------_-------------. ----- _f
39. DISCUSSION CONCERNING PRESENT VACANCY ON OFF-STREET PARKING AUTHORITY
BOARD (created by Leslie Pantin's untimely death).;
_------------- .. .} �1
war—+.—_---•—n+w--wr--_rw--wwr—rw—__w—ww w—w_—.--__—ww�w--------------
ay
�Mr, Plummer: Mr. Mayor, mI inquire of Mr. Mulvena7 Smiling Jack, o9t9e
here and see if I can't take that smile off your face. God rest his soul, Mr,J4F
Pantin has been dead for a month. Who is a replacement? t,�
Mr. Jack Mulvena: We've got 13 candidates for the position and the board will jx
:. elect one of those candidates this Wednesday.
M. a
Mx, Plummer: How long are they going to wait? There are €ivs metnbxe o :ohs f
board, right? .
r
s::
Mr. Mulvena: Presently four.
Mr. Plummer: Four. Who is now the chairman?
Mr. Mulvena: The acting chairman is David Weaver.
Mr. Plummer: And when does this Commission expect that that vacancy is going
to be filled?
Mr. Mulvena: This coming Wednesday.
Mr. Plummer: This coming Wednesday...
Mr. Mulvena: Yes.
Mr. Plummer: ... they are going to make their recommendation to this City
Commission?
Mr. Mulvena: Right and it will be on your agenda for the last meeting in July
with the person, last meeting in July.
Mr. Dawkins: No, OK, go ahead.
Mr. Plummer: Is there a member of the Off. -Street Parking right now that
represents the downtown merchants? Because we made a commitment, remember.
Mr. Mulvena: I do remember, yes.
Mr. Plummer: This Commission made a commitment that the next opening on that
board would be someone representing the downtown merchants. I'm asking you is
there such a member on that board now?
Mr. Mulvena: There isn't unless you consider Dr. Padron who is located down
there.
Mr. Plummer: No, no, he's not a merchant.
Mr. Mulvena: OK, you mean a retailer, somebody that.. no, there is no one on
the board presently yet.
Mr. Plummer: I hope you will remember to the board that this Commission has
made a commitment to a downtown merchant, we are not saying who, shall be on
that board and don't go sending us names of someone who is not a downtown
merchant.
Mr. De Yurre: Well, let me ask then, when was that commitment made?
Mr. Plummer: About two... well, the time
we went
to the ballot with it
and it
did not pass and this Commission went on
record to
the merchants downtown, the
next available opening that we would
appoint
someone representing
them.
Parking, as you understand, is very crucial to
the downtown people
and as
such, that is why we made a commitment
that they should... we tried
to get
referendum to increase to seven members,
right?
Mr. Mulvena: I think it was eleven.
Mr. Plummer: Eleven. The amendment failed, the referendum failed, so we said
to them at that time, if in fact it did fail, we would make an appointment of
the downtown merchants.
Mr. De Yurre: What I would like to have is, Mr. Manager, if I can get the
minutes of that moment, because I don't recall it.
Mr. Mulvena: Commissioner, there are three candidates who are retailers of
the 13 on the list here.
Mr. Plummer: Jack, all I'm saying to you is, if in fact I'm correct, which I
think I am and I think you remember, OK, because they were trying to put, what
was his name, Mike Breslewski, at the time on, or Willie Gort. That, if in
fact, don't send us any names but downtown merchants because that's our
commitment, OK? Now, if I'm wrong, then tell me so.
116 July 13� 108
1
Mr. be Yurre: Well, I don't know if you are tight or wrong, but I just don't
recall that.
Mr. Plummer: Look up the minutes.
Mayor Suarez: Let me say, I don't know if it has been said, I believe Mr,
Weaver has indicated, did he not in public, that he might be resigning around
the end of the year and...
Mr. Mulvena: As a matter of fact, two meetings ago he suggested that he would
be serving out his term which would be at the end of the calendar year, so
there might be between now and no later than December or January, an
additional opening on the board.
Mayor Suarez: And I think J. L., that the discussion, at least as I was a
part of it, that at that point we'd pick up somebody from the DNBA, but not
necessarily with this next appointment.
Mr. Plummer: My understanding was, and I thought in fairness, OK, that they
should be represented, it is crucial to them and if in fact the second
appointment is from somewhere else, that I think that we have a commitment,
not just a commitment because we said it, but a moral commitment to allow them
to have representation in the downtown area.
Mayor Suarez: Remember too that Miguel, with the same argument was included
into the DDA and so...
Mr. Plummer: I can think of others that were included in DDA, if it survives
budget this year.
Mayor Suarez: They might not survive the chairmanship this year. Matthew, do
you hear that? This has to do with you, not with me, you understand? All
right...
Mr. Plummer: Where are we?
-----------------------------------------------------------------------------
40. (A) DISCUSSION CONCERNING PROPOSED TRIP TO GUATEMALA BY COMISION
PERMANENTE DE LAS SERIES DE BASEBALL INFANTIL Y JUVENIL DEL CARIBE Y
PAISES HERMANOS - to play in XII Series of Baseball of the Caribbean —
(See label 40C).
(B) EMERGENCY ORDINANCE: Establish a new trust/agency fund: "City
Commission Community Projects Account" - Appropriate funds ($200,000)
from contribution from Miami Center I project.
(C) CONFIRM COMMITMENT OF FINANCIAL SUPPORT TO COMISION PERMANENTE DE
LAS SERIES DE BASEBALL INFANTIL Y JUVENIL DEL CARIBE Y PAISES HERMANOS from community projects account - Budget additional $12,000 in FY 189-90
appropriations ordinance in support of such program (See label 40A).
------
.' Mr. De Yurre: Mr. Mayor, could we bring up item 52?
4.
Mayor Suarez: We have some youngsters and we have some elderly and maybe in
may. deference to both...
Mr. Dawkins: The elderly left, Mr. Mayor. The elderly left.
r Mayor Suarez: I see Eunice Liberty is still here.
� Mr. Dawkins: OK, I didn't know she was elderly.
„> Mrs. Range: She's here on a special item.
Mayor Suarez: And I think in fairness, we ought to try to take care of the
tender age and the senior citizens very quickly. Mr. Vice Mayor, you wanted
;g to ask about this item with the youngsters? `
h
Mr. De Yurre: I believe it's number 52, It's my understanding that they -
'
need what $10, 000 to represent the City of Miami in a world aeries of
_
baseball? Is that correct? OK. I'd like to move that, Mr. Mayor,
117 July 13, 1989
3 _
4,.
Mayor guaret: Mr. 'Vito Mayor, where do you propose the funds will come fr ffit
Mt. Plumber: Where is the money coming from! Excuse me, to do it, we've got
to change the policy. The polity existing is there's no more money.
Mr. De Yurre: Well, what I would suggest is from our Discretionary Lund bf
the $40,000 we each got, we each kick in $2,000.
Mr. Dawkins: Now, you don't have to tell me how to spend my $40,000. Nov, if
you want to give them the $10,000 from yours, that's fine.
Mr. Plummer: That's fine.
Mr. Dawkins: But don't tell us how to spend our $40,000 now.
Mr. De Yurre: I'm jut suggesting. If I didn't get, they change their mind.
Mr. Dawkins: OK, no problem then. OK, no problem.
Mayor Suarez: And that was going to bring me to the question that I know
Commissioner Range has been wanting to ask, having to do with what is left of
her portion of the discretionary funds.
Mr. Dawkins: That's coming up on the agenda.
Mayor Suarez: I think that was the next item, in fact 26.
Mr. Dawkins: That is, 26.
Mr. Odio: I'm glad you asked.
Mayor Suarez: I thought I saw a memo from the outgoing Commissioner on that
and I...
Mr. Odio: I received a memo.
Mr. Dawkins: No, before you get into your memo, I need to know this. That's
26, right?
Mayor Suarez: Right.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: Interpret 26 for me. It says, establishing a new trust and
agency fund. Establishing means to do what?
Mr. Fernandez: To create.
Mr. Dawkins: OK, so if we are just creating this fund, can you legally expend
funds from a trust that has not been created?
Mr. Fernandez: Let me answer your question by saying that before any monies
can be spent, the money has to be first appropriated and what appropriates
money is an ordinance such as the one that you are passing on right now.
Mr. Dawkins:
Hey, Mr. Manager, Mr. Manager, you need to hear
this. I don't
care, now if what he is saying is important, we'll recess it.
Mr. Odio: It
is very important and...
Mr. Dawkins:
All right, well Mr. Mayor, take a five minute
recess until he
get's through
with that.
Mr. Odio: No,
no, no, what he is saying is important.
Mr, Dawkins:
OK, all right, OK.
,:.'..
Mayor Suarez:
It sounds like what the Commission is ~going to
be''s�y�xaS
little more important, but...
Ju
Akk
Mr. Odio- Well, let me gay this...
Mayor Suarez: Mr. Manager.
Mr. Odio: ... that we have been getting requests from the different
Commissioners about spending the money. We have honored those requests, *6
have advanced the money. We did get the check for $200,000, by the way, and
now we'll just stand, you know, we'll just clean it up.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: Is getting the money in hand legal, or do you have to pass an
ordinance to make it legal to spend the money?
Mr. Fernandez: The Charter states that you must have the money appropriated
and the vehicle to appropriate monies is an ordinance and that's... you have
the ordinance for the first time now in front of you.
Mayor Suarez: No, wait, but the appropriation was done, if I remember
correctly, by a motion from the Vice Mayor to split in five ways and to give
discretion to each Commissioner, presumably, a trust account was set up when
the monies came in and presumably from that trust account...
Mr. Fernandez: And that resolution expressing intent.
Mr. Dawkins: Hold it, hold itl Now, who is the City Attorney, you or him,
OK?
Mayor Suarez: No, no, I am going to tell you what I presumed happened,
because I have...
i'
Mr. Dawkins: See, you are assuming, but you are asking him for a legal t
opinion.
Mayor Suarez: I'm not asking for a legal opinion. I'm telling you what I
presume happened factually. What did happen factually...
Mr. Dawkins: I am asking him for a legal opinion.
Mayor Suarez: Well, he can give all the legal opinions he wants, but I'm
telling you what I presumed happened. If it didn't, I'd like to know that.
Mr. Dawkins: Well, see, I'm not... I know what
happened!
Mayor Suarez: I don't. I don't.
Mr. Dawkins: All I need to know is if it was
legal. That's
all I'm asking
the City Attorney.
Mayor Suarez: I know that I, for myself, for
my funds, you
know made some
appropriations, I thought, whom I called, for lack of anything
else, suggested
expenditures, let's say and that the monies
presumably came from a trust =
account set up for that purpose and went to...
,.
Mr. Fernandez: No, no, the trust account has
not been set.
That's what you
r
are doing right now with this item and...
Mayor Suarez: Where did the checks come from
that were paid
or given to the
beneficiaries?
e
Mr. Fernandez: It went into the general treasury.
It went into the general
treasury.
U
ILI
Department, out of the special programs and accounts, we pay the bills, and
how as you do this, we'll just transfer the funds over and do all accounting
procedure.
Mayor Suarez: There did the checks come from if I may ask?
Mr. Odio: From the Finance Department, Mr. Mayor. Where else can they come
from?
Mayor Suarez: From what account, Mr. Manager?
Mr. Odio: From the Special Programs and Accounts.
Mr. Plummer: You told me it was the end of the rainbowt
Mr. Odio: No, because we now have to...
(LAUGHTER)
Mrs. Range: Mr. Mayor, I'd like to have something to say...
Mayor Suarez: Commissioner Range. As to your $40,000...
Mrs. Range: I suppose I'm the focal point of this little disagreement, if we
can call it that. I believe we can probably settle it without going into the
legalities of it. I understand that it's here before the Commission today for
the first time, is that correct?
Mayor Suarez: Well, in the form of an ordinance, I believe it is.
Mrs. Range: First reading, yes.
Mr. Odio: Let me...
Mrs. Range: In view of the fact, monies, from all indications have been spent
and my office is without funds.
Mayor Suarez: I don't know that yet, I was going to ask about that now.
Mrs. Range: I'm told that it is without funds.
Mr. Odio: I might have a solution, Mrs. Range. I just heard about this
today.
Mayor Suarez: Before we have solutions, we need to know the problem, Mr.
Manager.
Mr. Odio: Commissioner Kennedy requested that we spend the $40,000.
Mr. Plummer: Her $40,000.
Mr. Odio: Her $40,000. Of the $40,000, $20,000...
Mayor Suarez: Are you referring to the memorandum that I saw?
Mr. Odio: Yes, yes.
Mayor Suarez: Was that memorandum not received after the Commissioner
resigned?
Mr. Odio: No, before
Mayor Suarez: All right.
Mr. Dawkins: No, it was after.
I mean, after she signed up,
Mr. Odio: Well, that's before
she left here. We have a memo,
I'm arsquesting
that this is the way I want to
spend this...
Mrs. Ranges But I don't think
t
that's a point of contention at
this point..
Mr, Odio: It's not,
G k
120
duly i „
!
A
i w
Mrs. Range: ... simply because it hall not yet been ratified by
this
Commission.
Mr. Plummer- E*cept the problem is, it's been paid.
Mayor Suarez: That is another part of the problem, but.. , who is that
memo
directed to?
Mrs. Range: And then I have a solution for that too, If...
Mr. Plummer: Has the money...?
K"
Mrs. Ranges ... it's apparent it's all been paid out.
Mr. OdIbi No, that's the problem.
Mrs. Ranges Then I have a solution for that too.
Mayor Suarez: It's sounds like you got all the solutions, Commissioners.
Go
ahead.
Mrs. Range: Well, I would think since we sit here and we all do
have
constituencies, if the monies allotted to this office have been spent,
or
parts of it have been spent, and I think it would be only fair, and I'm not in
the habit of coming with my hands out, but I think it would be only fair,
_
if I
were to ask that those funds which are presently in the account of
the
remaining Commissioners be equally divided. How do you think that sounds?
Mr. Plummer: Horrible! Horrible. (MUCH LAUGHTER) Any other questions?
Mr. Dawkins: OK, so $20,000 from $200,000 leaves $180,000 and five
into
�
$180,� , 000 goes what?
Mr.
Plummer: Not very far!
F.
;.
Mayor Suarez: There's not that
much left. '
Mr.
De Yurre: How much money
has not been paid out from Rosario?
Mr.
Plummer: Let me ask this
question. I think we were pursuing...
has the
monies of Commissioner Kennedy
been issued?
Mr.
Odio: Let me say this.
$20,000 was for the Parks Department child care '
and
we have not spent that and
what we can do...
Mr.
Plummer: All right, what
about the other $20,000?
`
Mr.
Odio: ... is release that
$20,000.
Mr.
Plummer: Huh?
Mr.
Odio: Another $15,000 was for a rap program, which is an after -school
program and it is also City program.
Mr.
Plummer:
And it's not been issued.
}
Mr.
Odio: No,
it has not.
Mr.
Plummer:
So you got $35,000 there.
Mr.
Odio: That's right,
Mr.
Plummer:
So you are only missing $5,000.
Mayor Suarez:
Twelve fifty per Commissioner.
,
fir.
De Yurre:
Well, I'm missing twenty, so she's got
more than I do,
J i
Mayor
Suarez:
Commissioner Range, I, for my $1,250,
if $5,000 the difference,
V IL
be happy
to allocate it over.
k;p5'
x
J�F
121-July,
d
4 f
+yt
p J y Y }
Mrs. Range: And I'd be happy to accept the thirty-five. I wag just...
Mayor Suarez: Thirty-five, thank you.
Mr. Plummer: Could we negotiate?
Mayor Suarez: I take back my twelve fifty and allocate it to...
Mrs. Range: I just felt the amount of money we left out in the cold. If you
have thirty five, you may send it over to my office right away.
Mayor Suarez: And really frankly, frankly with all due respect to our former
Commissioner and her wishes that we spend that money in that particular way,
if indeed, Mr. City Attorney, in responding to Commissioner Dawkins' concerns,
you are about to tell us that maybe the correct way to have done all of this
is by first passing this ordinance...
Mr. Fernandez: Correct.
Mayor Suarez: Then I don't think that we have to respect her, as worthy as
those goals are, those two departments and those particular functions, you
know, I think frankly that money has to be given over to the discretion of
Commissioner Range, so I think everything works out, but now, I think the
Commissioner was duly concerned, Dawkins, about the legality of how we've done
all of this. Hopefully, if we pass this...
Mr. Plummer: It's a loan from the General Fund which will be reimbursed from
this fund.
Mayor Suarez: And Mr. Manager, but I hope that the next time that we're
functioning with loans instead of with appropriations, with the little memos
that I was writing out of my office and checks that went out, I didn't know
there was anything about any loans. I thought the money had been received.
Do we deposit it, legally deposit it, legally disbursed?
Mr. Fernandez: Yes...
Mr. Dawkins: Well, why...
Mayor Suarez: OK, we've got a yes here and a no here. Mr. City Attorney.
Mr. Dawkins: Pass legislation then? It couldn't have been. Then you
wouldn't have needed any legislation.
Mr. Fernandez: Not according to the Charter.
Mr. Plummer: I want to tell you Mr. Manager, the 14 kids I sent to summer
camp from Liberty City, if that check bounces, I'm sending them to your
office, not mine.
Mr. Fernandez: In case of all of you who remain here, there is no problem
with the money that you have already spent. Clearly, the problem becomes in
the case of Commissioner Kennedy, who is gone...
Mayor Suarez: And we've just resolved that, I think by the generosity of this
sitting Commissioner.
Mr. Fernandez: But the Charter is very clear.
Mrs. Range: She spent $35,000, Mr. Mayor.
Mr. Odio: What we have done, the way the checks were paid is perfectly legal.
Mayor Suarez: OK, we have a difference of opinion between the Manager and the
".. City Attorney as to the formalities of how we've handled this. I guess we're
not going to resolve that today, but it would help, Mr. City Attorney, without
c resolving that, if we passed this ordinance now?
Mr. Fernandez: Certainly.
Mayor Suarest Yo&, hoop About that.
Mr. DAWkins: lie don't have... he hat ten left.
Mayor Suarez: # entertain a motion on this ordinance and VrA going to get
right back to you.
Mr. Plummer: I move 26 to make Victor legal.
Mayor Suarez: Understanding that Commissioner Range's discretionary fund has
$35,000.
Mr. Plummer: Correct.
Mrs. Range: Mr. Mayor, I'd like
Mayor Suarez: Can we just do the formality of this ordinance?
Mrs. Range: Yes, do the formality.
Mayor Suarez: OK, we have a motion, do we have a second?
Mr. De Yurre: Yes, what's the motion?
Mayor Suarez: To pass the ordinance that will allow us to do what we've been
doing legally.
Mr. Plummer: Read 26 in a hurry.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Fernandez: First reading.
(AT THIS POINT THE CITY CLERK BEGAN ROLL CALL)
Mr. Plummer: I would like to make that an emergency so these funds can be
disbursed legally. Your making this an emergency ordinance makes it legal
today.
Mayor Suarez: Yes.
Mr. Dawkins: But they haven't been disbursed legally.
Mayor Suarez: Well, so the formal legalities are met.
Mr. Dawkins: ... they have not been disbursed legally.
Mr. Plummer: Can we do this on an emergency ordinance?
Mr.
Fernandez: You certainly can.
Mr.
Plummer: I would move this as
an emergency ordinance.
Mayor Suarez: It is certainly enough of an emergency
in this case, because of
the
concern of the formality.
,:-
!F
Mr.
Dawkins: OK, I second it as an emergency.
_
Mr.
Plummer: I'm going to make Victor legal.
Mayor Suarez: Call the roll as an
emergency.
Ms.
Hirai: Doesn't it have to be
reread saying it its
an emergency?
�.,.
Mr.
Fernandez: The reading having
taken place, it is
couaidored an aka a '.
,.-Ordinance. Call the roll twice.
t
Ma.
Hirai: All right.
04
�3.'t vp9..e� RTv
�RiwR7Pll�fiAl11�.A1.I �:�we^—•_—
i
.'^"""fit ._ _ ;f � -' �fi �..i1 -
Mgyot Suave . 'T'hahk you, Madaiih City Clerk and Mr. City Attorhby.
A�' OAbtNA#CE ENTITLED-
AN EMERGENCY ORDINANCE ESTABLISHING A NEW TRUST AND
AGENCY FUND ENTITLED: "CITY COMMISSION COMMUNITY
PROJECTS ACCOUNT"; APPROPRIATING FUNDS FOR ITS
OPERATION IN THE AMOUNT OF $200,000, FROM A
CONTRIBUTION FROM REPRESENTATIVES OF THE MIAMI CENTER
I PROJECT, SAID MONIES TO BE USED TO ASSIST CITY
COMMUNITY PROJECTS; CONTAINING A REPEALER PROVISION
:
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
?
Dawkins, 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 J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10615.
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.
Mr. Dawkins: OK, I got $40,000. OK, who else got $40,000?
Mr. Plummer: Everybody.
Mr. Dawkins: No, you can't have. Rosario spent $35,000.
Mr. Plummer: No, she spent $5,000.
Mrs. Range: She spent $5,000.
Mr. Dawkins: So if he spent, if you got $200,000 and $5,000 in, --agent, .you
still 't have $200 000 left
Mayor Suarez: Well, she's got $35,000...
Mr. Odio: Some of you have
spent monies on
other issues.
Mr. Dawkins: That's what I
am saying. All
right.
Mr. Odic: Commissioner De
Yurre has spent
monies, Commiesioner
+!pent monies, Mayor Suarez has spent money.
I don't know you het, .Y
Mr. Dawkins: All right, so
they need what?
.r
`^
+.mow:
.-....—.....--.....---
fIr. Od to t , 0
Mr. Dawkins: OK, now.:.
Mrs. Range: fir. Mayor,
Mr. Dawkins: I'm sorry, Mrs. Range.
Mayor Suarez: Commissioner Range.
Mrs. Range: Yes, Mr. Mayor, I'd certainly like to show that my heart's in the
right place and poor Commissioner De Yurre doesn't have as much as I have, to
I am going to give him $2,500 of mine.
Mayor Suarez: $2,500, you are referring to this particular program?
Mr. Dawkins: $2,500, OK? Now, they need what now?
Mrs. Ranges For his project which he just brought forward.
Mr. De Yurre: Thank you.
Mr. Dawkins: All right, so now...
Mr. De Yurre: We need what? - $10,500, so we still need $8,000.
Mr. Dawkins: ... she gave $2,500, what did Victor De Yurre give it?
Mr. De Yurre: I'll give what you guys don't give.
Mr. Plummer: He said he was giving the ten.
Me. Range: Oh, he said he was giving ten thousand.
Mr. Plummer: He said he was giving ten.
Mr. De Yurre: I'll have to give what you guys don't put up, you know, what
can I say? -
Mayor Suarez: I'll take the difference between what he and her are giving you
and what you actually need so I'll take $2, 000 home because you got ten and
two five and you only need ten five.
Mr. Dawkins: OK?
Mayor Suarez: What is the actual need here?
f„v
Mr. Carlos Perez: OK, my name is Carlos Perez and I live at 850 S.W. 2nd
Avenue, and we come here in front of this honorable Commission on behalf of
this group of youngsters with an important part of the Comision Permanente de
las Series de Baseball Infantil y Juvenil Del Caribe y Paises Hermanos.
Mr. De Yurre: Have you got that?
a Mr. Dawkins: Um hum, clear.
ai
<. Mr. Perez: This group of youngsters represented the City of Miami last year -
in the City of Guatemala where eleven countries were represented. Our -
�} baseball teams last year accomplished the goal of becoming sub champs of that _
t series. This coming July, we have been invited for the second time in a row -
f to participate in the number 13 series in which 14 countries will be
represented. All these kids did an outstanding performance over there in
' which the deciding game was versus the Mexico team in front of around 6,000
�r people and they really put the name of this City of Miami and this great
nation of the United States. They have worked hard, we have achieved and from
some of the industry and local merchants here to supply with the equipment -
�d': that we need and people like Mr. from Channel 14 has been also
involved in this program. So, we are kindly requesting this assistance from
the City and from this honorable Commission so this group of youngsters that
_- represent all ethnic group of this local City to go back to Guatemala end
F4 defend those colors of this great nation.
Mr. bfi*kins:
OX, well let me say this so that they will know. Evetybody, up
here I* happy to see them and we're glad
to see that they're doing something
constructive
and we want to tontribute to
that. So what we're doing up here
2.
doesn't take
away any more our commitment
to them as good upstanding young
men. So we're
happy to see them and when
the more we can help youngaters like
-:
this to do something constructive, we are
in favor of it. So, what's here is
nothing more
than us going through the motion
of finding out what we have to
do. So I am
also going to give two fifty.
So now, that gives us two fifty at
five hundred
and I don't know where, where
we going from there.
m
Mr. De Yurre:
Twenty-five hundred you're
giving, right?
Mr. Dawkins:
Yes, twenty-five hundred.
.
Mr. De Yurre: So we got five.
Mr. Dawkins: Yes,
Mr. De Yurre: How much are you kicking in?
Mr. Plummer: I haven't... no say nada.
Mr. De Yurre: Well, we got fifty-five hundred to go?
Mr. Dawkins: Yes... no, no...
Mr.
De Yurre:
Yes.
Mayor Suarez:
Five thousand dollars.
Mr.
Dawkins:
No, he wanted ten thousand.
Mr.
Plummer:
Can I ask a question?
Fob,;
Mr.
Dawkins:
You say ten thousand or ten five?
r.
Mr.
Perez: Ten five.
4` .'
Mr.
Dawkins:
OK, yes.
Mr. Plummer: Let me ask a question. Mr. Manager... oh, look who's here.
Mr. Dawkins: Oh, Skippy Shepard and... oh, not
3
.' Mr. Plummer: Look who's here!
.4-
��?�. Mr_ namkiniae Nelln_ Selma.
v' Mr. Plummer: I was just going to ask about this baseball in the soccer.
Mr. bawkihs: OR, all fight...
Mr. Plummer- So than the ten five Will O-OM6 from the Law Intoremaaht Trust
Pund
(Applause)
Mr. Dawkins: No, no. No, no, no. Hold it, hold it, hold it. You sea, you
have to do it before the fact. You cannot do it after the fact, Olt? go now,
had this been done prior and we had set it up as such, then it would be legal.
See, now, you guys not going to make me do nothing here go to jail for it.
OK?
Mr. Perez: No, sir.
Mr. Dawkins: See, this is you cannot do it after the fact, and if the Chief
wanted to go to jail with J. L. Plummer doing it, I don't have no problem with
that.
Mr. Plummer: Pay me now or pay me later.
Mr. Dawkins: But we will put them both in the county jail where they got no
authority. They will not go in the City jail cause they can get out.
Chief Anderson: Commissioner, it will be for a good cause though with these
young kids though.
Mr. Dawkins: Yes, but see... look, we're with them. See, now, if they're
going to... and go to J.L. Plummer Ia office and write it up next year as this
so that you will have your money. But we can't do it after the fact. OK? Go
ahead.
Mr. De Yurre: Wrap it up.
Mr. Dawkins: OK.
Mr. De Yurre: OK, now, you put up twenty-five hundred?
Mr. Dawkins: No, he put up nothing.
Mr. De Yurre: No, he's going to put up twenty-five hundred, sure.
Mr. Dawkins: No, he don't have it, he's broke.
Mr. De Yurre: You haven't given up your forty already? You got anything left
or not?
Mr. Dawkins: No, nothing.
Mr. Plummer: I'm listening to everybody else first.
Mayor Suarez: What is your minimum amount required
to get the youngsters to
Guatemala?
Mr. Dawkins: Ten five.
a�
y=
Mr. Perez: OK, the airlines, AviaTec....
Mr. Dawkins: No, no, no, give - amount.
_
Mr. Perez: Oh.
Ht
Mayor Suarez: The minimum, minimum amount. I mean,
you said ten five.,.
'
Mr. Dawkins: Ten five.
Mayor Suarez: ... at the beginning. We figured you
could reduce from that to
-
your minimum cost,
_
_Mr. Perez, We went to the minimum, That's what it's
going to take to ,..
You need
Mr. Dawkins, That's what , you need ten five.
127
KK;3'.'�.
Mr. Perekt Right. We, we..,
Mt. Dawkins: Don't let nobody talk you out of it, you need ten fide.
Mr. Perez: OK.
Mayor Suarez: Commissioner, my question was directed at the gentleman, not at
yourself, sir.
Mr. Dawkins: But see, he's my constituent, I have to help him.
Mayor Suarez: I'm not sure that we've established that. Sir, where do you
live?
Mr. Perez: Eight -fifty S.W. Second Avenue.
Mr. De Yurre: That's close enough.
Mayor Suarez: What was the address?
Mr. Perez: Eight -fifty S.W. Second Avenue.
Mayor Suarez: That's your home.
Mr. Perez: Yes, air.
Mr. Dawkins: Is he my constituent?
Mr. De Yurre: And they play at Fern Isle Park.
Mayor Suarez: Sounds like he's your constituent.
Mr. Dawkins: Sounds like he is my constituent, OK.
Mayor Suarez: OK, so we're up to $5,000 for the youngsters to go to
Guatemala. And how does this program figure into the rest of the baseball
programs that we support in the City?
Mr. Plummer: Twenty-five, twenty-five, twenty-five, twenty-five. I'll give
five hundred.
Mr. Odio: They're one of many... twelve academies, he said.
Mayor Suarez: I mean, we've supported many, many programs of baseball. We
waived fees for the use of the facilities, etcetera, etcetera. Is this a -
better program or worse program? -are these kids somehow the best that we can
support for this...
Mr. Kevin Smith: Well, Mayor, there's approximately eleven academies working
in the City of Miami and there are four groups - there are four age brackets
in each academy so this is one of the eleven that participate in the City's
programs, in this City's league.
Mr. Plummer: Yes, you know the problem you've got, all kidding aside, is how
do you say yes to one and no to the others?
Mayor Suareit. Anyhow, you've got $5,000 of discretionary contributions,
you've got the...
Mr. 0e Yurre: Well, I'll put up twenty-five, you put up twenty-five and J4 L.
put up five hundred. That way he walks out of here not too hurt.
Mayor Suarez: IIm sorry, I also don't have a heck of a lot left in My
discretionary fund and in fairness to the youngsters, cannot...
Mr. De Yurre: How much can you put in?
Mr. Plummer: You know...
Mayor Suarez: How much are you putting up?
Mr. De Yurre: Put twenty-five - it's not my item, let's face it. It's on the
agenda, I didn't bring it up, not me.
Mayor Suarez: What do you mean, it wasn't your item, you brought it up.
Mr. Plummer: You brought it up.
Mr. De Yurre: To expedite it.
Mayor Suarez: What is the Vice Mayor's contribution to this program?
Mr. De Yurre: I'll put in twenty-five hundred too.
Mayor Suarez: OK, so we're up to $7,500, sir. We're awfully close to your
ten five and I'll help you raise the rest of the three... Did you want to
contribute anything at all? Do you want to split the other three? See, I'm
trying to get him down too, you know. He's tighter than I am.
Mr. Plummer:
Mayor Suarez:
Mr. Plummer: Who am I splitting it with, you? Your money good?
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: I'll split it.
Mayor Suarez: OK, you got your ten five. Go away. Let's hope, somehow, that
every other team won't come here asking for the same thing.
Mr. Dawkins: I think we'd better go on record saying how we're going to do
this next year, Mr. Mayor, like J. L. Plummer says.
Mayor Suarez: I think we ought to establish a system. I hope the Parks
Department can come back with some fair way of doing it so that - well, our
funds are going to run out anyhow, so we may not have it for next year, let me
clarify that.
Mr. Plummer: Well, here, let's do it - Mr. Mayor, do it this way. I make a
motion that the budget department be instructed at this time to put a figure,
not to exceed $12,000, in the Parks Department budget for a runoff competition
of one of the leagues to attend the final competition. Put it in the budget.
You guys know that the top team is the one that's going to get the money. If
that's you, God bless you.
Dawkins: If it's not...
Mr. Plummer: And if it's not you, hey, there's always next year, like the
Brooklyn Dodgers. _
Mr.
Mayor Suarez: Moved afid seconded. Doe& that also incorporate...
Mr. Plummer: San Francisco.... I'll move it.
Mayor Suarez: ... well, the specific allocations don't have to be ih the
motion because each Commissioner has discretion, so moved as to ho*t year's
way of doing this which, presumably, will be better than this year's.
Mr. Fernandez: Mr. Mayor, does Madam City Clerk, do you have the correct
amounts for each of them?
Mr. Plummer: Who asked you?
' Mr. Fernandez: Because I didn't.
#. Mayor Suarez. She doesn't have to take any correct amounts from any of 'tier,
that's discretionary funds. We've each pledged it publicly, Mr. City
Attorney. Call the roll on the other motion.
Mr. Perez: Thank you very much.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-647
A RESOLUTION CONFIRMING THE COMMITMENT OF FINANCIAL
SUPPORT BY THE MEMBERS OF THE CITY COMMISSION TO THE
COMISION PERMANE14TE DE LAS SERIES DE BASEBALL INFANTIL
Y JUVENIL DEL CARIBE Y PAISES HERMANOS; ALLOCATING THE
AMOUNT OF $10,500 AS SET FORTH HEREIN FROM THE CITY
COMMISSION COMMUNITY PROJECTS ACCOUNT; FURTHER
DIRECTING THE AMOUNT OF $12,000 BE BUDGETED IN THE FY
189-90 ANNUAL APPROPRIATIONS ORDINANCE AS FUNDING IN
SUPPORT OF SUCH PROGRAM.
(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:
NOES:
ABSENT:
Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
None.
None.
Mayor Suarez:
Clerk?
Item 27, we've already voted on 26, have we not, Madam City
Mr. De Yurre:
Mr. Mayor, this discretionary fund, do we have to spend the
money by the end
of this fiscal year
or does it carry over
what's left over?
Mayor Suarez:
I don't think there's
any requirement.
Mr. Dawkins:
It's your discretion.
Mr. De Yurre:
It's our discretion,
right? It rolls over.
Mayor Suarez:
I don't think there's
any requirement,
Mr, Plummer:
It carries over?
Mir. Odio: I would be willing to...
I would be willing...
Mayor Suarez:
Madam, you've approached the microphone
a couple of times.
What item are
you here on, if any
item, and, if not,
would you wake your
statement. Would you please.
10
July 13, 14
tMjUWTiP`iSD SSPRA (ARt It's Ma? *yb-d afternoon, Mr.
Mayor Suareas Yes.
Mr. Dawkins: Pull the mike to you, Miss, pull the mike.
Mr. Odio: Commissioner, I was going to propose during the budget workshops
that we keep that fund going and instead of people coming here, they go to you
direct and they never...
Mayor Suarez: Yes, right. Ma'am, would you...
Ms. Helen Lisenby: Good afternoon, Mr. Mayor, and fellow Commissioners.
Mayor Suarez: What is your name, first of all, ma'am, and your address?
No. Lisenby: Helen Lisenby, Miami Beach. I'm a native Miamian. No Mrs.
Range. It's regarding the new Chief of Police and these hundred defendants or
better. I have called several times and I have written letters. He doesn't
answer...
Mr. Plummer: Ma'am, I don't understand you. What are these things of the
Police Chief?
Ma. Lisenby: They are defendants.
Mr. Plummer: Defendants?
Ms. Lisenby: Dickson was a defendant and according to Officer Franco, this
Perry Anderson is a defendant and there are other officers that say that they
will testify. I have it written out so there isn't any mix-up for the Mayor
this time.
Mayor Suarez: OK.
Mr. Plummer: Ma'am, is this a legal matter?
Ms. Lisenby: It's a legal matter.
Mr. Plummer: May I suggest that you come over and talk with the City Attorney
and get it straightened out so he can, hopefully, advise us.
Mayor Suarez: OK, item...
Mr. Odio: It's over here.
Mayor Suarez: Mr. Manager, would you instruct her to one of the City
Attorneys, please?
NOTE FOR THE RECORD: Refer to Manager for appropriate handling
complaint received -from a Miami Beach resident.
..... :.r_ .....e_
ow.r++Mu
Pir Plummer: You Wahted this as an teerteht;r. . ter. Hkr6r; it's bath
f*toBss fid$d by the aftLbittrattoft that we adopt this as th amrgattty ttaft sad
bo move.
Mayor Suaree: to mowed.
Mr. Plummer: As an emergency.
Mr. Odioe The reason being we'd like to get into the billings = this is for
the Miami Water and Sewer Authority and we need to get it to the computer
system in time, Com....
Mayor Suarez: Yes. As long as we've got a motion, we'll take this, but we
have Miss Liberty also, yes, go ahead, I'm sorry:
Mr. Plummer: I'm moving 27 as an emergency item rather than as individual.
Mayor Suarez: OK, so moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, read the ordinance as an
emergency.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 53.5, ENTITLED
"STORMWATER', OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CLARIFYING THE DEFINITION OF
NON-RESIDENTIAL PROPERTIES IN SECTION 53.5-23(B)(4),
SETTING A MINIMUM CHARGE FOR NON-RESIDENTIAL
PROPERTIES IN SECTION 53.5-24, AUTHORIZING THE
DEPARTMENT OF PUBLIC WORKS WITH APPROVAL OF THE CITY
MANAGER TO REVISE RATES AS NECESSARY IN SECTION 53.5-
24, ADDING INTEREST ACCRUED AS A REVENUE SOURCE IN
SECTION 53.5-28, ADDING EXPANSION OF THE EXISTING
STORM DRAINAGE SYSTEM AND FUNDING SUPPORT FOR THE
MIAMI RIVER COORDINATING COMMITTEE AS APPROVED
EXPENDITURES TO SECTION 53.5-28, CONVERTING FROM
S.F.E.U.'S* TO E.R.U.'S** THROUGHOUT CHAPTER 53.5; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
* - This abbreviation stands for Single Family
Equivalent Unit.
** - This abbreviation stands for Equivalent
Residential Unit.
Was introduced by Commissioner Plummer and
Dawkins, for adoption as an emergency measure
re uirement of reading same on two separate days
seconded by Commissioner
and dispensing with the
q , 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
ax1_
$s
None.
ABSENT:
Vice Mayor Victor De Yurre
F
Whereupon the Commission on motion of Commissioner Plummer and saooaded
by Commissioner Dawkins, adopted said ordinance
by the following voTD,tes
,tYXS;
Commissioner J. L. Plummer, Jr. -.
Commissioner M. Athalie Range
d`
Commissioner Miller Dawkins
4
Mayor Xavier L. Suarez
k,
S i
None,
fi }Py2 F
' N
ANTS
Vida MayorMayorVictor De Yrre
4y
f t �t hf.FV A-
t
y"4 i
�Ai�__fift��AM'G� iiA� DSSI�A'�D #3AI� ib616.
Tbb City Attothby read the ordifightt i kto the tpubiio t*d itd afid
aiihouht*d that co ies were a*silabl6 to the fneinbera of the City C-bMIas161k abd
to the public.
Mr. Plummer: Did we do...
Mayor Suarezt Georgia, would you talk to the Manager for a second and see if
this matter can be resolved administratively if it can.
-------------------------------------------=---=
42. FIRST READING ORDINANCE: Amend 10521 - Increase appropriation for N,W.
36th Street Sanitary Sewer Improvement ($183,000).
------------------------------------------------------- -----
Mr. Plummer: Madam Clerk, did we do 25?
Ms. Hirai: No, sir, I don't show it as having been taken up.
Mr. Plummer: OK, I move 25.
Mayor Suarez: So moved.
Mr. Dawkins: What is 25?
Mr. Plummer: Paying off a sewer thing.
Mr. Dawkins: Second.
Mayor Suarez: Moved and
improvements. Moved and
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
seconded on N.W. 36th Street sanitary sewer'
seconded. Any discussion? If not, read the
AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE NO.
10521, ADOPTED NOVEMBER 17, 1988, AS AMENDED, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE , BY
INCREASING THE APPROPRIATION FOR N.W. 36 STREET
SANITARY SEWER IMPROVEMENT, PROJECT NO. 351276, IN THE
AMOUNT OF $183,000; 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
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
A, get to item 44, whatever it is.
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43 . ALLOCATE $ 2, 000 IN SUPPORT OF NATIONAL COUNCIL OF NEGRO 3 OMM, GREATER
MIAMI CHAPTER, INC. - Fay said amount to Dade County 'lax Collector to
satisfy existing tax lien on real property owned by said organization.
Mayor Suarez: OK, Miss Liberty's problem.
Ms. Eunice Liberty: My name is Eunice Liberty from the National Council of
Negro Women. I called for an emergency today. I had two things I was asking
you for, but this came up first, and I would like for you to work with the
county because the notice that we got the other day, after we had paid for our
property, was a lien put on in 184. We didn't know anything about it until
January 27th, this year. Now, when we've got that notice, we had someone to
look into why we had the lien in the first place, we found that the lien had
been sold in 185. So you see, the lien came on and they sold the lien and we
paid our property off in 187 not knowing that we had a lien. We sent a letter
to the county because the letter came from Mr. Brinker and I think that was
the proper way for us to tackle him since he sent the letter to me.
Mayor Suarez: Mr. Manager or somebody, does anybody know where this lien
resulted from?
Ms. Liberty: From the City.
Mayor Suarez: Is it a county lien, is it a City lien and...?
Ms. Liberty: It's a City lien.
Ms. Georgia Ayers: The property is in the City of Miami.
Me. Liberty: The property is in the City.
Mayor Suarez: That's not my question. My question...
Ms. Liberty: I'm sorry.
Mayor Suarez: ... my question is, is it a county lien, is it a City lien and,
if so, resulting from what?
Ms. Ayers: Our concern right now...
Mr. Odio: It's a tax deed. It's a taxes.
Mayor Suarez: From what, real estate taxes?
Mr. Dawkins: Yes, um hum, lien; they sold the lien.
Mr. Odio: Assessment, said property was the name of National Council of Negro
Women. If it's a lien that the City has...
Mr. Dawkins: No, wait a minute. Let me say something.
Mr. Odio: ... and it's for the National Council of Negro Women, I would
recommend that we waive this.
Mr. Dawkins: Mr. City Attorney.
Mr. Jorge Fernandez: Yes, sir.
Mr. Dawkins: This is a tax lien?
Mr. Fernandez: Yes.
Ms. Liberty: No.
Mr. Dawkins: The City - the Clerk of the County Courts sold l mean, lei
somebody pay off the indebtedness on the land...
fr.
Liberty: Oh, no.
134 July 13, 1909
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Mf4 bWkinas :.. knowing that 'thabb waa a lien on it. stow, how can the City
be t-eaponaible for the county allowing these people to pay off a piece of
Property with a list on it and that t are liable? t mean, you a*pisin that
to tbe, air.
Mg. Fernandez: I really was not able to follow...
Mr. Dawkins- OK, you see, that's what hakes me madi
and we have to say it over.
Mr. Fernandez: No, no, sir, I'm listening4
You guys don't l istan
Mr. Dawkins: OK, 1 e t me... I'm going to say it over, I'm going to may it
over. Listen to me now.
Mr. Fernandez: Sure.
Mr. Dawkins: OK, a lien was placed on this property...
Mr. Fernandez: By whom?
Ms. Liberty: City.
Mr. Dawkins: By the county.
Mr. Fernandez: OK.
Mr. Dawkins: Or the City, I don't care which one.
Mr. Fernandez: OK.
Ms. Liberty: It was the City.
Mr. Dawkins: OK, City or county, all right?
Me. Liberty: City.
Mr. Dawkins: This lien was not paid. Therefore, this lien was sold on the
court house steps, all right, as people do purchase liens trying to acquire
property or make money because you've got to pay them b percent interest on
their money.
Mr. Fernandez: Correct.
Mr. Dawkins: All right? So now, the county allowed this lien to be sold on
the county courthouse steps and then when the Council went to pay out the
indebtedness that it had on the property, they paid it and received a deed
which they thought was free and clear. But the lien was not free and clear
I mean, the deed was not free and clear because of the lien that had been sold
by the county. So now, when they get ready to do something else, they find
out that this lien is outstanding and it's got to be cleared up before they
can do whatever they're trying to do with the property.
Mr. Fernandez: So when...
r. Dawkins: So I m trying say, can t the county be
held accountable for
having sold this - I mean, cleared up this property with
the lien on it?
Mr. Fernandez: When the individuals...
Mr. Dawkins: Or can the county say to them that they should have had it
researched and found out that there was a lien on it. That's what I'm trying
to ask you.
Mr. Fernandez: In the case of the City, this is what I
can speak to, if the
City had liened the property because of non payment of
ad valorem taxes over
the property, then there is a procedure whereby the Clerk is instructed by the
City to sell all of these liens. Notice must be given
at the time that the)
property is liened and also at the time that they are
to be sold. if the
owners do not come forth, or if they do not redeem that
lien before its sojd
to someone else, then they have to caveat emptor, they have to be award that
195
July i� 39
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when they pant to pay it, they roust make sure that it hat not been scold to
Ofteone else who would then have a greater title than they.
Mr. Dawkins: OK, but, OK, fine, but the point that's missing here now, that
was not addressed is and if I'm in error, Georgia, correct roe, the lien wat
told prior to them paying it off and now that - I don't know, I don't know.
Tell us what to do.
Mr. Fernandez: Well, I have not seen any of these documents that you're all
referring to. I have not been privy to any of them.
Mr. Dawkins: How much money are we talking about?
a:
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: And with $2,000 we'll go and purchase the lien back.
Mr. Plummer: Well, what can we do?
Mr. Dawkins: Give her $2,000 and she go buy the lien back and be through with
it.
Ms. Ayers: Mayor, I....
Mr. Dawkins:
a king: I'll give a thousand dollars, if somebody else gives one from my
discretionary funds.
Mr. Plummer: Well, no, I don't think that's necessary. I don't think that's
proper. OK, I think that you make a motion and I'll second it that the -
Manager allocate a grant of $2,000.
Mr. Dawkins: Second.
r
Mr. Plummer: So move. Second.
Mayor Suarez: Moved and seconded. I never did understand hove the lien
--`'
resulted but at this point it sounds like a worthy program.
Ms. Ayers: We didn't know anything about it.
Mr. Plummer: Well, but, Georgia, please, make sure that it doesn't happen
again and if it's not straightened out, then come back and let the City
Attorney know that that needs to be addressed, and I'm sure the City Attorney
will be able to address the problem.
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Ms. Ayers: All right. Well, you'll give them the money so I won't - I don't
—
have a good fight so I'll just leave it, OK?
Mayor Suarez: Mr. Man...
Mr. Plummer: No, that's unusual.
Ms. Ayers: I came prepared.
Mayor Suarez: Mr. Manager, we're about to vote on an item...
Mr. Fernandez: Excuse me, Mr. Mayor, but I was under the impression from what
Commissioner Dawkins told me that monies had already been paid but they were -
r=
not property credited because the deed had already been sold...
y_.
Mr. Dawkins: No, they...
e
Mr. Fernandez: ... or the lien had been sold.
Mr. Dawkins: We tried but what you've got to do now is recover the
,lien.
Mr. Plummer: Well, it was probably sold on the courthouse steps for
a
percentage.
Mr. Dawkins; All right, and whatever, let's just say for the sake
of
discussion, this guy bought it for $1,500. His interest now pushes It up
to
y
$2,000, and if they don't pay it out this year, you owes b percent interest
on
the $2,000 next year.
r t
134 July 1$, 1989
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Mt. Ayers: We $2,063.00.
Mr. Plummer: Well, hot nacessaril.y, *hatevar the deed *is sold tot# t o+6ko
the motion is this. This City Commission allocates an amount not to **toed
$2,000 and designates the City Attothey to straighten the d,atter but
completely.
Mr. Dawkins: Second.
Mayor Suarez: 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. 89-648
A RESOLUTION ALLOCATING THE AMOUNT OF $2,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF THE
PROGRAM MAINTAINED BY THE NATIONAL COUNCIL OF NEGRO
WOMEN, GREATER MIAMI CHAPTER, INC.; FURTHER APPROVING
THE PAYMENT OF SAID AMOUNT BY THE CITY FINANCE
DIRECTOR TO THE TAX COLLECTOR OF DADE COUNTY IN ORDER
TO FACILITATE THE DISCHARGE OR SATISFACTION OF THE TAX
LIEN AND/OR OBLIGATION EXISTING IN REGARD TO CERTAIN
REAL PROPERTY OWNED BY SAID ORGANIZATION.
(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:
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.
Mr. Plummer: Now, Mr. Mayor, may I take advantage while Georgia's here.
Georgia, you had a television program the other day in reference to a program
which you have funded where these kids if... you're not going to get funded
from the source you had previously?
Ms. Ayers: No... well, I don't know, not until I told them.
Mr. Plummer: OK. I would suggest that you immediately - this is a crime
program as such...
Ms. Ayers: Yes, sir.
Mr. Plummer: Crime prevention.
Ms. Ayers: Yes, sir.
Mr. Plummer: We now know that law enforcement trust funds can be used for
that kind of a program.
Ms. Ayers: Yes, sir.
Mr. Plummer: I would strongly suggest that you get together
tomorrow witY;,tha
Manager...
Me. Ayers: Yes, sir.
Mr. Plummer: ...end start making preparations so they can't
tell ma attar
the
fact.
137
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G
Mi. Ayarst 'ices, sir.
Mr. Plummer: ...to start getting you lined up so that that program of your'&
continues.
Ms. Ayers: Thank you, air.
Mr. Plummer: It is a very, very important program that these kids have
something to do beside turning to crime.
Ms. Ayers: Thank you.
Mr. Plummer: Mr. Manager, please, do not let this program fail. It is a fine
program.
Ms. Ayers: Thank you. You know what you all have done to me? You have just
deflated me. I came for a good fight. Thank you.
Mr. Plummer: I'm sure, knowing you, you will save it for another day.
Ms. Ayers: I'll get it to him.
Mayor Suarez: You will inflate back up at some other time.
44(A) FIRST READING ORDINANCE: Amend Code Chapter 4 (Alcoholic Beverages) -
Add definition of a Retail Specialty Center - Establish hours of
operation - Provide exception from distance separation requirements -
Limit number of establishments and restrict signs for and in Retail
Specialty Centers.
(B) DEFER CONSIDERATION OF A PORTION OF PROPOSED FIRST READING ORDINANCE
(ALCOHOLIC BEVERAGES) - Request City Attorney to draft a separate
instrument specifically amending Code Section 4-10 to provide exception
to distance separation requirements in residential/commercial districts
citywide.
Mayor Suarez: Item 28.
Mr. Odio: This is to amend the code...
Mayor Suarez: Specialty Center.
Mr. Odio: To retail, especially establishing hours of operation for these
centers, providing an exception to the distance, separation requirements in
the combination residential and commercial districts, providing an exception
from distance separation requirements, limit the number of establishment and
restrict signs for and in these centers. This ordinance also has been revised
as per City Commission direction and now caps the number of alcoholic
beverages establishment....
Mr. Plummer: You all recommend it, right?
Mr. Odio: Yes, we recommend it.
Mr. Plummer: Let me ask you, the one thing that I would insist upon that this
matter must contain... Mr. Cardenas, good morning.
Al Cardenas, Esq.; Hi, sir.
Mr. Plummer: That this ordinance incorporates the mandating that there must
be food served. That this is an accessory to food, not the primary purpose.
You understand what I'm saying?
Mr. Cardenas: I understand.
Mr. Plummer; If I walk in to anyone of these places that are operating and:_
see somebody without a food order, it's gone.
138 ,7uly-J 1
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Mr. Cardenas- Well, for the record, MY name is Al Cardenas, with officee at
1211 Brickell Avenue. I need to get sworn in4
Mr. Plummer: No; this is not a zoning matter.
Mr. Cardenas: No? OR.
Mr. Plummer: Isn't it, or is it?
Mr. Cardenas: Well, OK.
Mr. Dawkins: Yes.
Mr. Cardenas: Interesting case. I'd like to be...
Mr. Plummer: Is it a zoning matter?
Mr. Dawkins: It's a zoning matter.
Mr. Cardenas: I like to be prepared, just in case.
Mr. Plummer: Nothing to stop you from swearing him in whether it's zoning or
not. He wants 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.
Mr. Cardenas: Well, I... here's what I understood, Commissioner, was the
proposition, and that is that all establishments that would offer alcoholic
beverages for consumption within the provision of this ordinance, would also,
all of them, have to offer food during the times of consumption. But I don't
think it's mandatory to request a patron of the establishment to eat food if
they don't want to eat food.
Mr. Plummer: No, that's not the case.
Mr. Cardenas: OK, OK.
Mr. Plummer: You misunderstood.
Mr. Cardenas: OK.
Mr. Plummer: This is to be an accessory to food, not food accessory to this.
Mr. Cardenas: I understand.
Mr. Plummer: I don't think it is this Commission's intention to establish
just a drinking hole.
Mr. Cardenas: I know, but we can't force people to eat, I understand.
Mr. Plummer: But if a person wants to go have a meal and have a drink with
their meal, I have no problem with that. They're not sitting there just to
drink to get drunk.
Mr.
Cardenas:
Well, but you - I mean...
Mr.
Dawkins:
J., hold it, let me say something to Al so I can
be clear.
I do
not
mind a person
sitting there eating and not drinking. But
as J. L.
said,
I'll
be looking to see if somebody is drinking and not eating.
Mr.
Cardenas:
Well...
Mr.
Dawkins:
I do not intend to see that everybody who comes
in there
has to
drink. A guy
could come in and buy a sandwich and don't want no beer.
But<if
a guy come in
and buy a beer, he got to buy a sandwich,
Mr.
Cardenas:
Well, that's a problem.
_
Mr.
Dawkins:
That's the way it was passed, I think, isn't it?
439
`yAS 46
Mt. Cardenas: I mean, I - that was not my understanding. My understanding
was that there were a number of restrictions that this Commission wanted to
impose. One was that all of these establishments selling alcoholic beverages
would likewise have to serve food. I mean, and serve food during all hours
that alcoholic beverages would be served within the purview of this ordinance.
And that is mandatory. But if a couple comes in and somebody wants to have a
sandwich and a glass of water and the other one wants to have a gin and tonic,
I mean it's not possible to do this. I mean, you can't do that. And it's
uncontrollable and unenforceable and it's something that's just not going to
be a practical thing.
Mr. Dawkins: Oh, wait a minute now. Hold it, hold it, hold it now. See,
that's not what you said about being uncontrollable and un all of this when
you wanted us to give you the variance.
Mr. Cardenas: No...
Mr. Dawkins: See, but now I don't mind whatever we do up here, see, but don't
make it look like we didn't know what the hell we were talking about when we
all said it. OK?
Mr. Cardenas: No, I understand that, Commissioner.
Mr. Dawkins: OK, all right, thank you.
Mr. Joe McManus: What, Mr. Commissioner and Mayor, Mr. Cardenas is here
representing his client on a particular project and what he is doing is trying
to represent to you how his client is going to operate that project and
control the selling of food in the liquor establishment. The second part of
this ordinance is per the direction of this Commission is to look at the
possibility of opening up licensing Citywide, irrespective of the so-called
retail specialty centers. And what we had before you was a proposal to reduce
the 2,500 foot distance separation between liquor establishments, cut it to a
thousand feet, Citywide.
Mr. Plummer: Joe, you're...
Mr.. McManus: Provided that they serve food. Now that, I think, was what
you...
Mr. Plummer: What you're saying is very true. What you're not saying is what
concerns me. If we don't pass this, we're still limited by the number of
drinking holes. If we pass this, at a thousand foot, you could almost imagine
that we could have double the amount of drinking places. OK? And I don't
think this Commission is about the business of establishing twice as many
drinking holes if it is for the convenience with a dinner or a sandwich,
that's fine. And I have no problem with that. But just to establish a place
where people can go and get drunk, we don't need twice as many.
Mr. McManus: Well, Commissioner, this is the second part of the legislation,
we tried to bring something back to you that we thought would meet your needs.
Now, you described that in terms of having the thousand foot separation,
coupled with the serving of food. That would mean for establishments opened
till 3:00 o'clock in the morning, we would have to have our zoning inspectors
out to inspect to ensure that they were serving food.
Mr. Plummer: OK.
Mr. McManus: Because the state will not enforce it.
Mr. Plummer: Are we going about this...
a_
$ Mr. McManus: And it's unreasonable for us...
Mr. Plummer: Are we going about this in the wrong way? Now, we don't have a
variance any more. Hopefully, we're going to get it when we revise the 9500.
Can we make these individually on conditional uses that each one comes before
this Commission. Can we do that rather than through an ordinance? Maybe we
$ were using the wrong vehicle.
r
i' Mr. McManus: It's in the City Code now,
140 July 13, 1949
Mr. Plummer: Can we make it as a zoning issue? Why not?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: OK, why don't we take it back to a zoning issue, put it on
conditional and we'll hear each one individually. Then we can put those
applications on it. We can put six months review. We can put any application
we want. Joe, what I'm trying to say, there are many establishments in this
community that I've gone into that absolutely will not serve you a drink
without a food order. They have signs that say that. And that, to me, is a
respectable place. They don't want just a bunch of drunks.
Mayor Suarez: That is, in fact, the state law as to those establishments and
they're supposed to abide by it.
Mr. Plummer: Hey, maybe what we should do - can we take this back through the
process and make it in the zoning ordinance as a conditional use rather than
Just uniformly across the City change it?
Mr. McManus: Commissioner, as I reminded you before two months ago, when this
was - when liquor control establishments were in the zoning ordinance, you -
you remember this, you had a constant succession of applicants coming before
you wanting the waivers from the distance requirements. Now, if this
Commission wants to get back into that posture again, then we...
Mr. Plummer: Well, you create a special district only for specialty centers.
All right, you create a classification only for specialty centers and you
bring it up as each one individually as a conditional use.
Mr. McManus: Well, Commissioner, I think we're talking about two things.
This legislation started out as legislation for retail specialty centers.
Mr. Plummer: Correct, sir.
Mr. McManus: Large projects. At the last Commission meeting I was given
direction to enlarge the scope of this to look at the typical retail strip
center along our typical arterial streets and see what relief could be given
to enlarge the number of alcoholic beverage establishments. So the second
part of this ordinance does that. It reduces the distance separation
requirements.
Mayor Suarez: That's what we did but it wasn't well thought out. It was the
wrong thing to do based on the right reason.
Mr. Plummer: Well, I'm sorry, I don't remember that.
Mayor Suarez: It had to do with sort of what appeared to be a discriminatory
approach to liquor es...
Mr. Plummer: Specialty only.
Mayor Suarez: Yes, exact.
Mr. Cardenas: Yes.
Mayor Suarez: And I think it was - from Commissioner Dawkins was concerned
about that. But it really, really, I think, was not the way we want it. At
least I don't want to have a more of a proliferation of these...
Mr. McManus: Mr. Mayor, I have a lot of problems with that...
Mayor Suarez: Yes.
Mr. McManus: ... but I prepared the legislation trying to meet your concerns.
Mayor Suarez: Joe, I'm again confused as to - since we're going back to at
least in this analysis now to the concept of a specialty center, when we want
to have this possibility in a specialty center. If we did it for Bayside, how
can - how did we do it for Bayside, was it a special legislation just for
Bayside?
r 141 July 13, 1909
Ot
Mr. McManus. There is a paragraph in the City Code in chapter four that
describes waterfront specialty centers...
Mayor Suarez: A waterfront specialty centers, that was the way we made the
distinction.
Mr. McManus: And describes that 50 percent of all the establishments in the
waterfront specialty center can serve alcoholic beverages. Now...
Mayor Suarez: And now we'd like to extend that concept...
Mr. McManus: Now we're...
Mayor Suarez: ... I mean, at least this was the initial idea of the Miracle
Center to other specialty centers that are not waterfront specialty centers.
Mr. Plummer: No, this speaks to the whole city.
Mr. McManus: Well, you'd have to...
Mayor Suarez: And then, the last Commission meeting we asked you to bring it
back so that it would apply to...
Mr. Plummer: It reduces it from 2,500 feet to a thousand.
Mayor Suarez: Wow.
Mr. McManus: Commissioner, you would have to meet the requirement of a retail
specialty center. You would have to have a center, a structure under single
ownership of at lest 50,000 square feet of retail net area.
Mayor Suarez: At least how much?
Mr. McManus: Fifty thousand square feet. We're talking about Mayfair,
Miracle Center, Omni...
Mr. Dawkins: Cocowalk.
Mr. Cardenas: Not only that, you have other requirements as well.
Mr. McManus: And there are a series of other requirements in terms of mixed
use. There are only, I would think, four or five centers in the City could
qualify.
Mr. Plummer: But you see, Joe, here's the problem...
Mr. De Yurre: Well, I have a problem with that.
Mr. Plummer: ... this ordinance...
Mr. De Yurre: J. L., let me mention one thing. I have a problem with that
because then you're giving a special benefit to a single owner type of entity
as opposed to Coconut Grove, the business area, it's just as much as specialty
area as any, as the Miracle Center or Bayside. If we wanted to take, for
example, the Design District and make that into a restaurant type of thing and
try to stimulate that area, you know, that's another type of thing that could
also benefit from this ordinance and if we're going to start getting into
giving a special benefit to these centers, then I think that you should
include, or at least we should consider, the Coconut Grove business district
as such and maybe some other areas throughout the City that are pockets of
commercial business.
Mr. McManus: Commissioner, this legislation, the second part of this
legislation picks up exactly on the point you're talking about now. Citywide,
it would reduce the distance separation requirements between the alcoholic
beverage establishments 2,500 feet to a thousand feet. Commissioner Plummer
has said, well, that means you'd virtually double the number of alcoholic
beverage establishments subject to state regulation. And that's what we have
before you. The point we're trying to make here is, if the Commission wishes
those establishments to sell food during their hours of operation, then our
zoning inspectors would have a very difficult time in policing that up until
3:00 in the morning because the state inspectors will not enforce that. And
administration has a problem.
142 July 131 1909
Mr. Dawkins: OK, I'm not going to speak to it whether it's right or wrong but
I'd what I'd like to speak to to you is, what says it only has to be toning
inspectors? You got policemen, you got inspectors who work with the garbage
department. Why is it limited that only those toning inspectors are the ones
who can walk in there and see that they're not serving food. Why did you
limit it to that?
Mr. McManus: Commissioner, I think this Commission has been at great pains to
try and target the use of policemen on real police work and not...
Mr. Dawkins: But you got a policeman patrolling the area, period. I mean,
that's his zone. He's in his zone. So, if he happens to stop, got out of the
car, walk in there, look and walk out. What is that? I mean, I'm not talking
about take a policeman and make him an inspector. I'm talking about better
utilization of the force that we've got, that's all I was saying.
Mr. Plummer: See, what my fear is - let me tell you my fear. The way this is
presented, we lose control, OK? For example, the Miracle Center has two
places now, if I remember correctly, that serve alcoholic beverages. Three?
OK. Now, maybe under this, we would like to allow the fourth one and no
problems, but when we get to the Sth one, we start establishing the that
there's a lot of problems, there's nothing to say they can't have a sixth one
and a seventh one and an eighth one.
Mr. Cardenas: Yes, there is.
Mr. Plummer: And we lose control.
Mr. McManus: In the first part of the legislation dealing with the retail
specialty center, there's a cap placed on the specialty center. No more than
one establishment per 20,000 square feet of the retail area with an absolute
cap of 5 such establishments per center.
Mr. Plummer: Yes, that's fine for the specialty center. Now, how do we
address the problem Citywide?
Mr. McManus: What I did with the legislation was merely to reduce the
distance separation requirements 2,500 feet to a thousand.
Mr. Plummer: Mr. Mayor, I'll tell you what I'm going to do. I'm going to
move this on first reading and somebody better come convince me that my
arguments are wrong before second reading.
Ms. Range: I need just one bit of clarification before you do that.
Mr. Plummer: Sure.
Ms. Range: Now, this is for the entire City?
Mr. McManus: Ms. Range, we have defined retail specialty centers and we think
that there are probably only four or five such throughout the City and they
would...
Mr. Plummer: Today.
Ms. Range: What falls in the category of specialty center?
Mr. McManus: That would be like Mayfair, Miracle Center, Omni...
Mr. Plummer: Bayside...
Mr. Dawkins: Coco Plum.
Me. Range: What about flea markets?
I live now. We have flea markets
specialty, they are.
Mr. McManus: Well, this is a def...
You know,
I'm thinking
of
the area
where
that's so
large and
if
anything
is a
Ms. Ranges They're special in everything.
143
Mr. McManus: Ms. Range, in this...
Mayor Suarez: How does the definition tackle the... what is a specialty
center? How does the ordinance tackle that definition?
Mr. McManus: It requires 50,000 square feet of net retail.
Mayor Suarez: fifty?
Me. Range: Fifty thousand. Fifty thousand square feet.
Mr. McManus: And plus a mix of uses and a structured parking garage.
Me. Range.: Two block or what?
Mayor Suarez: Fifty thousand would be what square feet?
Mr. McManus: It's a little over an acre, an acre and a quarter.
Mayor Suarez: Yes, it's more than an acre.
Me. Range: Surely, I can think of two places right now that would fall under
the category as far as space is concerned and...
Mr. McManus: OK, and it also has to have the parking garage.
Ms. Range: Yes - oh, a garage, not just a lot.
Mr. McManus: No, a garage and it also has to have...
Ms. Range: Surface parking would not be...
Mr. McManus: Right and it also has to have mixed use. In other words, you
have to have two out of three uses like an hotel, or retail or residential to
go into the qualifications.
Ms. Range: I see. Well, the parking knocks us...
Mr. Plummer: Are we at liberty to add anything to this ordinance? In other
words, could we add, if this ordinance is approved, for every hundred seats,
we require a full time security guard. Is that possible?
i
Mr. McManus: I would presume so subject to the Law Department.
Mr. Plummer: Hello? Hello? I'm not calling collect.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, I can do it at second reading, correct?
s,
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: It sounds like a substantive change. It may end up with first
reading.
Mr. McManus: Commissioner, you might want to put it now with the idea of
subtracting it out later.
Mr. Plummer: All right, we're in two parts. Can we speak to just. the
R specialty center first?
Mr. McManus: Yes, sir.
Mr. Plumkner: Because the second part I want to kill. OK? I would at that
specialty center portion of it at this time that the establishment must serve
food and they must have a full time security for every hundred seats of
operation. Not bouncers, no. You bunch of drunks all think alike - security.
Mr. Cardenas: How about in the evening hours?
K
' Mr. Plummer: At all times they're open. No, you can't do thst..,
Mt. Cgt'denas: But how about, for example, froth 4:00 to 12:001 Poat ih 'tho
aftert►oot l
Mr. Plummer: Anytime they're serving the alcohol.
Mr. Cardenas: Well, my point is, during the daytime, Coimnissioner, they May
have only fifteen people attending and it's cost prohibitive.
Mr. Plummer: Al, I don't think it's cost prohibitive. They figure it in the
cost of the drink. They get a 32 percent return on beverage.
Mr. Cardenas: But my point is, there'll be very little alcoholic consumption
during those daytime hours up till 4:00 o'clock, say. I mean, and you're
going to have...
Mr. Plummer: What are you talking about, 200 seats. That's what they have to
comply for a COP, right?
Mr. Cardenas: OK. All right. But up to a point.
Mayor Suarez: COP.
Mr. Plummer: Based on that, I'll move it on first reading. That only speaks
to specialty centers. I'm separating.
Mr. McManus- Pot point Of clarification, Commissioner, i believe then you'd
be deleting the proposed amendments to section 410 if you deleted the other
part of it out.
Mr. Plummer: That is correct. Nov, do you want that in two motions or on4t
Mr. Clark?
Mr. Clark: I mould rather have them separate motions.
Mr. Plummer: I move the first one as it relates to specialty centers with all
of the inclusions and the amendment. I so move, on first reading.
Mayor Suarez: So moved.
Mr. Plummer: Do you have to read it as such?
Mr. Dawkins: Sec...
Mayor Suarez: Moved and seconded.
Mr. Clark: No, I'll read the title.
Mr. Dawkins: Second.
Mayor Suarez: Yes, I guess the reading has to paraphrase. Read the
ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Dawkins: Under discussion before we vote.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: You said that - what's the definition you got for a specialty'
center?
Mr. McManus: It's a retail specialty center.
$1 Mr. Dawkins: Uh huh and what is it?
Nr+ btwkitia- OK3 no further Mt6*tiftifig, I$r. NaW
lmayor Suarea: Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES,
ARTICLE I IN GENERAL, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, BY ADDING A NEW PARAGRAPH TO SECTION
4-3 (a) WHICH DEFINES A RETAIL SPECIALTY CENTER; BY
AMENDING PARAGRAPH (3) AND (5) OF SECTION 4-3(c) TO
ESTABLISH HOURS OF OPERATION FOR SAID RETAIL SPECIALTY
a
CENTERS BY ADDING A NEW SUBSECTION (f) TO SECTION 4-14
TO PROVIDE AN EXCEPTION FROM DISTANCE SEPARATION
REQUIREMENTS, LIMIT THE NUMBER OF ESTABLISHMENTS AND
RESTRICT SIGNS FOR AND IN RETAIL SPECIALTY CENTERS;
CONTAINING A REPEALER PROVISION AND 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 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.
Mr. Plummer: Now, I'll move to deny the remaining portion.
Mr. Dawkins: Which is?
Mr. Plummer: That addresses Citywide.
Mr. McManus: Which would be section 410,
With section 410. I move to deny 410.
Mayor Suarez:
Mr. Dawkins: You see, I'm going to be voting against the motion and the
reason I'm voting against the motion is, I just do not feel that those
individuals who cannot build a specialty center as such, should be denied the
same privileges as a big developer who's got all these amenities. But that's
just Miller Dawkins. OK.
Mayor Suarez: I have to - unless somebody else does, I have to second the _
motion. I believe that - not to disagree with Commissioner Dawkins on that
point - but to allow this on a Citywide basis will not help the neighborhoods
that we're talking about if they cannot build something that could be
described as a retail specialty center and will actually be contributing to
deterioration of those neighborhoods, so I'm going to have to second that
motion.
Mr. De Yurre: But, you know, we're talking about having, you know, is it the
fact that it's enclosed, does that really make that much of a difference an
supposed to be. You know, when you think about it, and you look at the
Coconut Grove, Main Highway, Commodore Plaza, that's as much a specialty area
as Miracle Center or Bayside, at least the way I perceive it. And if we can
limit it to those pockets as opposed to as Citywide, then, you know, I think
that merits some study.
11*
Mr. Dawkins: Gee, I have to - you know, like I said. I hear the Mayor. All
the Mayor's saying is that if we don't do something to try to control it,
it'll get out of hand. But there, again, I mean, I agree with you, but, see,
I just feel that it - OK, I've made my point.
Mr. Plummer: You don't have any problem getting a drink in the Grove.
Ms. Range: I think it shows discriminatory practices though to have the kind
of limitations on it that you do have because we are all aware that in certain
areas of the City, we simply do not have built in parking. Yet we have places
that can be specialty centers. We have several, and to discriminate against
those because of the parking, what - do you have a rationale on why the
parking must be inside or built up parking lot. Do you have some rationale on
that?
Mr. McManus: Ms. Range, we did some research with the Finance Department. We
found out there are 1,142 locations in the City of Miami where one can either
buy a drink on premises or buy beer, wine or alcohol for consumption off
premises. There is not a lack of alcoholic beverage establishments throughout
the City of Miami. What we're trying to do here is within a given location,
like a Bayside and Omni, a Mayfair, Miracle Center or a....
Mr. Dawkins: Tell you what...
Ms. Range: No. I'd be the first one to say that there is not a shortage even
if this doesn't pass, there still is not a shortage, but the discriminatory
factor about it makes it quite a difference to me. To discriminate by saying
that we cannot have it unless we have a certain type of parking. As long as
you have the space for parking, it strikes me that it should not matter
whether the parking is street level or parking garages. You still haven't
answered that question for me.
Mr. Dawkins: Mr. Plummer.
Mr. Plummer: Sir.
Mr. Dawkins: I could probably... I would accept your motion if you would do
the same thing that you've done with everything else that had come back to
this Commission by a case by case account.
Mr. Plummer: Well, I can agree with that. I can agree with that. But I
don't think we can do it through an ordinance. Can we do it, Mr. Clark, that
each application has to stand on its own through an ordinance?
Mr. Clark: Unless you make all the licenses subject to that same requirement,
then you're going to be passing on all the Licenses...
Mayor Suarez: Every liquor license application.
Mr. Plummer: I have no problem with that, I did it before. Hell, I used to
do bars and filling stations.
Mayor Suarez: What are the criteria in this section? Let's forget now that
we're comparing this to specialty centers which, presumably, have a reason for
being as in the first section. What are the criteria here, just the distance?
What defines where you would be able to apply this second part of the code of
the....
Mr. McManus: Situation presently as in these that part of the City of Miami,
outside downtown, there are three or four distance separation requirements
that the City has. You have to be 300 feet from a church. You have to be a
thousand feet from a school and you have to be 2,500 feet from a similar
alcoholic beverage establishment.
Mayor Suarez: Liquor establishment. OK, what of those are we changing
with... would we be changing with this if we passed it?
Mr. McManus: We're changing the 2,500 to a thousand feet.
Mr. Dawkins: From a church and a school?
Mr. McManus: No, from between each other.
148 July 13, 1989
Mayor Suarek: Prom each other.
Mr. McManus: 'You'd still have to be 300 feet froth a church and a thousand
feet from a school.
Mayor Suarez: And with ghat requirements, does it have to be any kind of a -
like Commissioner Range was thinking in terms of like the flea market or
something. Does it have to be anything like that or just any old liquor
establishment would now be able to be within a thousand feet of every other
one?
Mr. Clarks Serving food.
Mr. McManus: Well, Commissioner...
Mr. Clark: Serving food is a requirement.
Mr. McManus: Commissioner Plummer suggested serving food.
Mr. Clark: Food serving is also requirement for that.
Mayor Suarez: And food service.
Mr. Plummer: Yes, but, you know, I have to...
Mayor Suarez: No, no, that's why I have a problem.
Mr. Plummer: My problem is...
Mayor Suarez: I mean, we're increasing the number of liquor establishments
throughout the City.
k4 Mr. Plummer: ... I cannot envision going to a flea market for fine dining.
You never know? You know, I - if it can be done on an individual application
basis, I would vote yes because we do not lose control.
Mr. Dawkins: That's the key.
Mayor Suarez: Well, the other way is to define something like what
Commissioner Range is talking about, that is not quite a specialty center but
it's something that might have a restaurant that might make sense to have fine
dining, although it might not be quite as expensive or luxurious as some of
the ones in some of these specialty centers.
Mr. Plummer: Where the elite meet to dine. Can't we do it on an individual
application?
Mayor Suarez: But not just simply, all of a sudden, reduce the distance from
2500 to a thousand feet. That'll just mean...
Mr. Cardenas: Right, Mr. Mayor...
Mr. Plummer: All right, the City Attorney tells me that we can do it on the
distance requirement each application has to come before this Commission.
Now, based on that, Commissioner Dawkins, I will change my vote, or I will
change my motion to include the approval of Section 410 that each application
must come before this Commission and stand on its own merits for approval or _
r_
disapproval. That I can...
*'s Mayor Suarez: Don't you want to build in any other kinds of characteristics?
Mr. Plummer: Oh, well, all the rest of the stuff that was built into the
specialty center still applies.
Mr. Cardenas: May I...
Mayor Suarez: Well, the only thing here was the distance requirement. There
was nothing about any kind of parking requirement or even how many square feet
or anything.
,... Mr. Plummer: Well, I was speaking to the fact that they had to serve Eons.__
Mr. McManus: What about the security guard?
Mr. Plummer: The security would be likewise.
Mr. Cardenas: Mr. Mayor...
Mr. Plummer: You got to be fair and equitable.
Mr. Cardenas: Mr. Plummer, I...
Mayor Suarez: See, that security requirement might make more sense for a
specialty center, but not for the kind of thing you're talking about. I
wonder if we shouldn't...
Ms. Range: Oh, they have security at flea markets all the time.
Mayor Suarez: But he's imposing a much higher security requirement for what
was it? -how did you state it in your motion?
Mr. Plummer: One security guard for every hundred seats.
Mayor Suarez: But I was thinking that maybe, Commissioner Range, I think what
you're concerned about - we're all concerned about is allowing a similar kind
of liquor license in a situation where you have retail facilities such as a
flea market, things we're familiar with. But maybe we ought to have this
reworked and brought back to us on the second reading or the first...
Mr. Plummer: That's fine. You want to defer the second portion of it to be
brought back at a later time?
Mayor Suarez: I would suggest that because it - just to go to a distance
requirement...
Mr. Plummer: So moved.
Mayor Suarez: ...just means that anybody can come in here and say, hey, by
the way, I'm not 2,500 feet away, I'm a thousand feet away and I'd like a
g.
liquor license. We're going to have many applicants.
Mr. Plummer: Mr. Mayor, rest assured, after the recent lottery of liquor
.
licenses, that are looking for a place to land, if you pass that as proposed
right now, there's no question in my mind that you will tomorrow have
applications to double the amount of watering holes in this City. And we
don't...
Mayor Suarez: If we use the mathematical rule, it could be two and a half
times the number....
i"
Mr. Plummer: I'm conservative, sir.
Mayor Suarez: Yes, I would hope that the Commission would approve of
reworking this to try to describe the kind of facility that the Commissioner
_
Range was talking about and that we're familiar with...
Mr. Plummer: In some way we retain control.
Mayor Suarez: ... that is a large, integrated, retail facility where it makes
.,..
sense to have some dining facilities with liquor licenses such a specialty
x
center, but it isn't quite as fancy and as expensive as a specialty center,
Joe. Does that reflect the consensus? -
rz
Mr, Plummer: That's fine. I so move that that portion relating to 410 be
deferred and reworked and brought back.
Ms. Range: I'll second.
�^
Mayor Suarez: So moved and seconded. Any further discussion? If not, +cell
the roll.
t..
T
Mr, Clark: Let me read the ordinance again without that amendment at all.
150 duly 1�, 19�9
0
' win, THE CITE' ATTOMT AEAb 0MINANCE INTO THE Pti UC MOW it
T'ITU MLI.
MAYot Suatett: Call the roll.
The following motion was introduced by Commissioner Plummet, who tbbved
its adoptions
_ MOTION NO. 89-649
A MOTION TO DEFER CONSIDERATION OF A PORTION OF A
FIRST READING ORDINANCE, AMENDING CHAPTER 4, ALCOHOLIC
BEVERAGES, ARTICLE I IN GENERAL, OF THE CODE OF THE
CITY OF MIAMI (MORE SPECIFICALLY, THE PROPOSED
AMENDMENT TO SECTION 4-10, WHICH WOULD PROVIDE AN
EXCEPTION TO THE DISTANCE SEPARATION REQUIREMENTS IN
THE RESIDENTIAL/COMMERCIAL DISTRICT, CITYWIDE), WHICH
PORTION IS TO BE REWORDED AND BROUGHT BACK FOR THE
COMMISSION'S CONSIDERATION AT A LATER TIME.
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
r
s
NOES: None.
ABSENT: None.
Mayor Suarez: Now, have we given you adequate instructions on the
second part
in view of what was just read? OK.
-
------------------------------------------------------------------------------
�s
45. REQUEST MANAGER TO REPORT BACK ON PROPOSED CREATION OF
A NUISANCE
ABATEMENT BOARD - patterned after one presently in use in Miami Beach.
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, while we're on this, I think it's a good time to
V,
bring it up. Mr. Manager, I saw on television the other night,
Miami Beach
has established a thing which they call a Nuisance Board. They
claim that
with a Nuisance Board that they have been able to put out these
hotels that
,:
are renting out to the whores, that they have been able to circumvent...
4�z <.
fft
Mr. Dawkins: That's a bad word.
Mr. Plummer: ... all of the state boards, they take so much time,
and I would
k.
ask you to please go and find out what procedures and what they are doing with
a`
that board and if it is, in fact, as reported, eliminating a lot
of problems
and time consuming. For God's sakes, let's get a Nuisance Board
established
in this City in a hurry. Thank you, Mr. Mayor.
-Mayor
Suarez: OK.
J;
Mr. Cardenas: OK, thank you.
4
a,
e�1
y,
_------=. ----,---------------------=---------
46. FIRST READING ORDINANCE: Amend 10521 - increase total appropriations for
"Southeast Overtown/Park West Redevelopment - Phase I" with funds
_ received frofn Urban Mass Transit Administration (UMTA).
-------------_-----�--- _.:.
Mayor Suarez: Item 29?
_ Mr. Odio: Yes, sir.
Mayor Suarez: Southeast Overtown Park/West.
a
Mr. Odio: That's the capital improvement appropriations to the capital
project entitled Southeast Overtown Park/West redevelopment, phase I. This is
the $719,741 that we obtained from...
Mayor Suarez: I note that the City's not prepared to purchase property in the
area bound by N.W. 9th and loth Streets, N.W. 3rd Avenue and N.W. 2nd Court.
OK, so it is north of 8th Street. At least that meets one of our criteria
that I think we set at one point. What is there now, Herb? Is that some of
the old...
Mr. Herb Bailey: We have a service station on the east side of 8th and 2nd.
On the north side, northwest side, we have the union hall, a bar and several
other activities that are right now impacting negatively on the new
development next door to it. There's a lot of contraband activity going on
there. We want to start the process of acquisition so we can begin the
historic village development. This will be the beginning of it.
Mayor Suarez: Does it bound the historic village? Does it touch on it?
Mr. Bailey: Yes, the historic village is between 8th and loth, 2nd and 3rd.
Mayor Suarez: And this is...
Mr. Bailey: The same location.
Mayor Suarez: ... OK, OK, I got you - just the back side of the strip that
would be the historic village.
Mr. Bailey: Yes.
Mayor Suarez: OK, any further discussion? -
t#
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athelie Mange
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.
a
47. DISCUSS AND DEFER TO COMMISSION MEETING ON JULY 27TH PROPOSED FIRST
READING ORDINANCE AMENDING THE CABLE TELEVISION LICENSE ORDINANCE -
concerning minimum number of days before such notice to disconnect
= service is given to subscriber.
--------------------------------------------------------------------------- --
Mayor Suarez: Item 30.
Mr. Dawkins: Mr. Mayor, item 30...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I was going to move today that - and I probably will in the
future - that this franchise be stricken and taken, but as these gentlemen
said, I have not discussed my concerns with them and it would be unfair to
them for me to recommend that we take their franchise.
Mr. Plummer: What you going to do with it when you take it?
Mr. Dawkins: Put it back out for bid or do any damn thing you want. I'm
tired of going through them not meeting their minority promises and what have
you, OK? But I have to go talk with them and let them know and I agree, I
have not talked with you, so it would be unfair to you. But after I talk with
you, unless some drastic changes are made, I will be moving that we - whatever
U.- ♦- I— A--- *- +U4e Fre..nl,4ee *n oa* r4A of it Mr%w lat ma tall vnts tlha
Mr. Dawkins: I'm not going to hear no first reading. OK?
Mt. Odio: OR.
Mr. Dawkins: All right? That's what I'm telling you. I'm not goiftg to hear
the first reading. See, if I hear the first reading, I'll go back through...
how many times have I been through this, Mr. Manager, about minotity
participation?
Mr. Odio: They have zero black participation, I know that.
Mr. Dawkins: All right, see and now I must pass it on first reading?
Mr. Odio: And they are aware of it.
-`r Mr. Dawkins: No way, no way.
Mr. Odio: OK.
Mr. Dawkins: But this gentleman - now, let's be fair now we've never
discussed this with this gentleman, have we?
Mr. Odio: Yes, we have.
Mr. Dawkins: Him? This one here?
Mr. Odio: Our staff has. They have been made aware that they have and they
have to comply.
Mr. Dawkins: OK, yes defer it, I'm deferring it until whenever.
Ms. Range: Commissioner Dawkins.
Mr. Dawkins: Yes, ma'am.
Ms. Range: Would you add to your list of needs to be discussed the minority
C.` participation as far as management is concerned?
Mr. Dawkins: No, ma'am, the whole realm of it, management, installers,
etcetera, Mrs. Range...
Ms. Range: Yes.
Mr. Dawkins: ... sub -contracting, etcetera, yes, ma'am.
Ms. Range: Very well.
Mr. Dawkins: It's the whole realm of it.
Ms. Range: I'm interested to know that.
Mr. Dawkins: All right, OK, so...
Mr. Plummer: Well, could I suggest we hear this on first reading? This is a
business procedure and I don't disagree with you and your concerns but - well,
F._ you don't hold the second hearing until your concerns are resolved.
Mr. Dawkins: OK, I've been doing that, J. L., ever since
I've been here, OK?
From Hermanosky's time I've been doing this. OK?
Mr. Plummer: Hornosky...
Mr. Dawkins: A11 right, now, so I'm tired of it. OK, so
I move - I mean, ,it
can be voted up, voted down. But if move, and if my motion
fails, then they
can hear it. I have no problem with it, see. But I move
that this be put off
_
until the 27th, and then if I'm not satisfied on the 27th,
then I will move it
at the first reading and be prepared to kill it at the second
reading. Now;
that's my motion.
Mr. De Yurre: Second.
1
�P
IWIDFNTIFIED SPEAKER: I can't believe this is happening.
Z:{.
154
jury 13 1909
a
2!►
M64 Range: I started to but you got to it first, that's all right,
Mayor Suarez: The basic part of the motion is the continuance or deferral
— until the 27th, whatever the proper term is. What may or may not happen to it
�. At that point is not part of the motion and not properly part of the "tibn,
but I think the Commissioner has announced his intention if he's not satisfied
ff
to defeat the new ordinance.
s
Mr. Tony Belham: Mr. Mayor, if I may.
Mayor Suarez: Yes, go ahead.
Mr. Belham: My name is Tony Belham, the general manager of Miami TCI.
Mr. Dawkins: OK, now if we're going to hear a discussion on it, I'm going to
be moving to abolish the franchise. Because I've said, I'm not going to hear
nothing today. OK? But if he's determined to make a presentation today, then
When he finishes, I'm going to move that we go through the procedure of
eliminating his franchise. OK? All right. Go right ahead, sir.
Mr. De Yurre: I don't think he has anything to say right now.
Mr. Plummer: He only has one thing to say.
Mayor Suarez: OK, I hear...
Mr. Plummer: He'll see you on the 27th.
Mayor Suarez: ... eloquent silence.
Mr. De Yurre: He'll vote for the deferral.
Mayor Suarez: Call the roll on the motion to defer. We have no comments from
the company or the public.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-650
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NO. 30
(IN CONNECTION WITH AMENDING SECTION 804 OF THE CITY'S
CABLE TELEVISION LICENSE ORDINANCE NO. 9332) UNTIL THE
CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY
27, 1989, FOR FURTHER INFORMATION.
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 Dawkins
`
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
g;
NOES: None.
ABSENT: None.
_
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: As a matter of courtesy to my Commissioner who has asked fpr
it:;deferment,
I will. I have to state, for the record, this
is a simple business
procedure and as such, I will be voting for it. I think
it's fair just like
r
any other franchise that exists with the City of Miami, If
you don't pay your
bill, they disconnect you. So, I'm saying that out of courtesy, I will go for
—_
the deferment for two weeks, I hope that you can satisfy
my Commissioner end
we can approve it on second reading with no problem. aut
I will vote for the
deferment.
�m
48. FIRST READING ORDINANCE: Amend Code Section 22-2 ("Garbage and Trash") -
provide regulations for the bundling, preparation, placement and
collection of newspapers and salvageable materials - Establish
independent educational fund for 10 scholarships yearly for children of
City Solid Waste and General Services Administration Department
employees.
Mayor Suarez:
Item 31. I'll entertain a motion
on 31.
Mr. Dawkins:
Second. Move it.
Mayor Suarez:
Moved. This is the bundling and
separation of newspapers
and
other items.
Hopefully, trying to get us to comply with the state law.
Mr. Jorge Fernandez: Correct.
Mr. Plummer:
This is my item.
Mayor Suarez:
And also save us a few dollar and
that way Joe won't be able
to
buy the kinds
of suits he's been buying lately.
Mr. Plummer:
Mr. Mayor, when I brought this
thing originally before
the
Commission, I
have to ask, of the paper that
is separated and sold to
the
salvage paper
company, what's going to happen with that money?
Mr. Joseph Ingraham: All of the funds that come
from this will go into -
come
back into the
Solid Waste Department.
Mr. Plummer: No, sir. I have a problem with that, Mr. Manager. If you're
going to do like Lakeland, and when I brought this matter to you, I say that
that money has got to be placed into a fund for the scholarships of the
toters....
Mr. Dawkins: Sani... that's what he said. That's what you said.
Mr. Plummer: ... or the workers. That's exactly what I said because if not,
you're not giving them an incentive to do it. And as f ar as I'm concerned,
the other cities that have been successful...
Mr. Odio: It's five hundred to a million dollars a year. Is that
what you want?
Mr. Dawkins: We don't care... but, see, when we started though, that's what
we agreed on.
Mr. Plummer: That's the... yes, but if you're going to be saving...
Mr. Odio: I know, Commissioner, but this is a major - this is...
Mr. Plummer: You're not going to be selling a million dollars worth of scrap
paper.
Mr. Odio: We're talking about reducing... we're talking about substantial
savings in one year on this recycling process, it's substan...
Mr. Plummer: Well, I'll tell you what then...
Mr. Odio: And what I'd...
Mr. Plummer: All right, I'll tell you what...
Mr. Odio: I want to lower the general fund contribution to the department.
Mr. Plummer: But you've also got to give an incentive to those people that
are doing the work to do a better job. I will do it under this provision that
from that fund each year, ten -full scholarships will be provided for the s
what' the? -not just the toters.
lib July 13 1909
Awl
Mr. Dawkins: It's all sanitation employees.
Mr. Ingraham: For sanitation employees.
Mr. Plummer: All sanitation employees to be chosen by this Commission of the
ten scholarships annually. What you're talking about, if you get five hundred
to a million, you're talking about $120,000 a year that will give them the
Incentive to give a full scholarship for their kids.
Mr. Dawkins: I would like to do it differently.
Mr. Plummer: How do you want to do it?
Mr. Dawkins: I'd like to take the first year or the first two years and if it
raises a million dollars, establish an educational fund and take the interest
from the million dollars and it would be perpetual, J.L.
Mr. Plummer: That's fine with me.
Mr. Dawkins: You see...
Mr. Plummer: That's fine.
Mr. Dawkins: All right, and then we wouldn't have to worry any more about
getting those kids to school because the interest from a million dollars will
send ten...
Mr. Plummer: All you're doing... so what you're saying is, what you're saying
Is, that the first year, hopefully, would raise a million.
Mr. Dawkins: That's what the Manager says.
Mr. Odio: No, five hundred thousand, I said.
Mr. Plummer: All right, when that fund reaches a million dollars, that will
be set aside to draw interest which will provide educational funds for
sanitation employees.
Mr. Dawkins: Children.
Mr. Plummer: Well, sanitation... children, yes, fine. I just think that in
other cities where this program has proven to be a success, there's got to be
an incentive, and I think the same should be here because we want the program
to succeed.
Mr. Fernandez: Mr. Plummer.
Mr. Plummer: Sir.
Mr. Fernandez: Would you make that subject to my legal review to ensure that
the funds received from this project could, in fact, be used for that. I just
want to...
Mr. Dawkins: All right, I'll tell you what. I will make it like that and in
the event that your legal opinion says that it can't be done, then we don't do
it.
Mr. Plummer: No, we get another City Attorney.
Mr. Dawkins: OK, either way, no problem. See, you get paid to find ways to
do things, not find a way to tell me how not to do it. OK, all right, OK?
Mr. Fernandez: Well, no, no, I want to find a way for you to do it and do it
right.
Mr. Dawkins: OK, that's what I'm saying. That's what I pay you for. Find +a
way to do it right, legally...
Mayor Suarez:
Mr. Dawkins;
Mayor SUA tea: Don't be that ambitious. Juat = hot to do it right, just do it
legally, Mr. City Attorney.
Mr. Plummer: I so move, Mr. Mayor.
Air. Dawkins: Second.
Mayor Suarez: I take it that this is in concept.
any implementation at this point.
Ms. Range: No.
Mr. Odio: When do we raise the solid waste....?
Mr. Plummer: That's going to be addressed.
I mean, we're not voting of
Mayor Suarez: The idea is to what? -to study an incentive program, is that
the idea?
Mr. Plummer: No, this is attached to that program that's being done.
Mr. Fernandez: So right now, you're not passing on 31 at all then.
Mr. Plummer: Yes, 31 is, in fact, the program. Right?
Mr. Fernandez: No, it isn't. The program is not contemplated in 31 at all.
Mr. Odio: This is to amend the code by providing regulations for the bundling
and preparation of newspapers and salvageable materials. That to providing
for the place where newspaper and salvageable materials shall be placed for
collection, the time of collection and a penalty for removal by unauthorized
person. The 188 State Solid Waste Management Act requires counties and
municipalities to develop and implement recycling programs in order to
accomplish the statewide goal of 30 percent waste reduction by July 1st of
1994. This, now...
Mr. Plummer: And I'm saying the funds derived from the sale of those
newspapers...
Mr. Odio: It's not only newspapers, I'm trying to read the...
Mr. Plummer: Cardboard, magazines...
Mayor Suarez: Metal...
Mr. Odio: Aluminum cans, glass and plastic bottles.
Mr. Plummer: Until that money, until that fund reaches a million dollars will
go into the fund to establish an educational...
Mr. Dawkins: Trust fund.
Mr. Plummer: ... trust fund. And we're going to talk to the garbage fees
eventually.
Mr. Dawkins: We'll call it the J. L. Plummer Memorial....
Mayor Suarez: I can't... I can't vote for it.
Mr. Dawkins: ...sanitation employees educational trust fund.
Mr. Plummer: Don't you dare put the word memorial on it.
Mayor Suarez: As much as I would love to set up that kind of a fund, I can't
vote for it, J. L., without thinking about it further. I got concerns about
other unions.
Mr. Plummer; OK, well, here...
Mayor Suarez; I got concerns about the need that we may have for that money
just simply to operate.
1S8 Duty, 13, 1949
004
Mr: Pluftmrt Mr. Mayor, Mr. Mayor, I will make this concession► if it is;
'phis to first reading. Before I would ever vote it on second reading, your
tbnlcerh t have to be Met.
Mr. Dawkins- OK, well all right. You can do it this way. Why not Make it
cotapetitive from all City of Miami General Service employees and the
sanitation employees.
Mr. Plutm►ert I have no...
Mayor Suarez: Yes, I was concerned with your union because...
Mr. Plummert I have no problem with that.
Mayor Suarez: ...that's not, I don't believe that they're making any more
money than Solid Waste employees. Some of the other unions, maybe, but...
Mr. Plummer: Well, but here again...
Mayor Suarez: And even there, you know, we have scholarship needs
throughout...
Mr. Dawkins: And on their day off, they go out and help pick up the paper.
Ain't no problem.
Mr. Plummer: Well, here, but wait a minute now. Wait a minute now. You
know, this is to serve as an incentive for bettering the program. That's why
I originally limited to the sanitation employees, Mr. Mayor.
Mr. Odio: Well, may I say that you can pass this ordinance. It has nothing
to do with the monies that we save. That, you can put out - we pass a
separate ordinance.
Mayor Suarez: We know that and we're going to pass the ordinance because we
ought to save monies anyhow and comply with the state law.
Mr. Odio: Right.
Mr. Plummer: That's right.
Mayor Suarez: But he's trying to suggest ways...
Mr. Odio: So we'll bring another ordinance...
Mayor Suarez: ... in which we can begin to establish an incentive program and
I agree with it...
Mr. Odio: You bring, you bring... yes.
Mayor Suarez: ... but I'm not ready to vote finally without thinking, you
know, what...
Mr. Plummer: OK, well let's - we'll hold the second reading until you're
satisfied.
Mr. Dawkins: You're right, we're right, you're right - no, we agree with you,
Mr. Odio: No, but I... that's what I'm saying.
Mr. Plummer: Or you want to modify it.
Mayor Suarez: OK. So move...
Mr. Dawkins: Because there's a - as said, we got some general service
employees who are just as needy as anybody else and who's trying to get their
children through school.
Mr. Plummer: And you've got to establish something else, as far as l'm
concerned. OK?
Mr. Dawkins: OK, no problem. Well, let's let it all go and then...
Mayor Suarez:
And
by the
way, in the last two days,
let me advise the
Commission of
this
because
it happened to go through my
office, but again
_*
shows that some of
the unions have a whole different set
of protections and
benefits. I
have
received
the checks for the Municipal
Police Retirement
=
Fund, the one
percent fund
p
that I'm sure '
you're familiar
'-
with and Miller s
familiar with.
For
police was
three point some million dollars and their fund
is now at 33.
This
is supplementary
to the regular pension
fund.
Mr. Plummer:
Wait a
minute,
Mr. Mayor, you must add to that, to be fair, that
we are, I think, the only
city in the State of Florida
in which that one
percent...
I
Mayor Suarez: Is it totally supplementary?
Mr. Plummer: ... is given directly to the individuals rather than to their
pension fund.
Mayor Suarez: It's supplementary to the regular pension fund, that's right.
Mr. Odio: Let... I need to...
Mayor Suarez: And the firefighters check came in, that was one point six
million. The one from the police results from a one percent tax on
insurance...
Mr. Plummer: Insurance premiums.
Mayor Suarez: Right. And the Firefighters Fund is another imposition, I
forget on what.
Mr. Plummer: It's also from insurance.
Mayor Suarez: Also insurance, but it's a lesser imposition and so there are
certain benefits that certain departments get that, you know, are provided by
state law and other...
Mr. Plummer: That's right.
Mr. Odio: I need to clarify for Commissioner Plummer's sake, this is not
where the hour workers are going to come in and separate the garbage.
Mr. Plummer: I understand that.
Mr. Odio: We, as citizens, have to put the separate garbage outside.
Mr. Dawkins: Yes, we know that. We know it.
Mr. Plummer: And they've got to separate it on the truck.
Mr. Dawkins: On the truck...
Mr. Odio: No.
Mr. Dawkins: Well, yes, you do, if we don't let you buy them new trucks
you're talking about buying. That ain't no problem. But, as the Mayor said,
I think I want to speak for the Commission. The mayor made us all realize
which we knew, but didn't think. The average cost for a student per year in,
tuition and books and board alone is $9,000.
Mr. Plummer: Except at the University of Miami.
Mr. Dawkins: OK, I mean anything out of state. Anything out of state.,
Mr. Plummer: University of Miami tuition alone is now $12,000,
Mr. Dawkins: Well, that's an out-of-state school anyway.
Mr. Plummer: No, it's out of reach.
Mr. Dawkins: OK, yes. But - and that doesn't include transportation to and
from and what have you. So that $9,000 is just as hard of a burden on the
general service employees as it is on the sanitation workers employees. $ol
160 ,Tung 13', 4909 -
therefore, all the Mayor is saying is that both workers should receive sb
relief if we can provide it. that's all we're saying.
Mr. Plummer: Call the roll.
Mayor Suarez: Call the roll on the motion and the ordinance. mould you read
j` it, Mr. City Attorney.
Mr. Fernandez: To be clear, Mr. Mayor, the ordinances being read as it i$
I right now and before second reading, thats when we have to come to you either
with an amendment reflecting Commissioner De Yurre's - I mean Commissioner
Dawkins' plan...
Mr. Dawkins: No, read it as amended.
Mr. Plummer: As amended. And if it's not legal, you'll come back and tell us
so.
Mr. Dawkins: That's right.
Mr. Plummer: Or your replacement will come back and tell us so.
Mr. Dawkins: Either one.
Mr. Fernandez: All right.
Mr. Dawkins: I prefer your replacement.
's
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
a
TITLE ONLY.
Mr. Plummer: One correction. It's not two years, it's whenever that fund
='
attains one million dollars.
Mr. Ingraham: And we're talking about the utilization of the interest on the
million dollars, not the principal itself, right?
-__
Mr. Plummer: The principal would remain and the interest would be used to
provide it.
Mr. Ingraham: And we're talking about for the sanitation employees, not
general employees, am I correct?
='?
Mr. Plummer: They're talking about both, I, personally, was talking about
one. But maybe to win, I've got to talk about both.
Mr. Ingraham: I think the incentive should be with those who are doing the
work and with this particular regard...
�-
Mr.
Plummer:
I agree with you.
Mr.
Ingraham:
That kills the whole process for employees of the department to
do
and I think
you're saying to provide a better service.
e
Mr.
Odio: Well,
but technically the general employees maintain the trucks and
the
cranes and
so...
Mr.
Dawkins:
That's right. See, the general employee that if they don't fix
the
truck to
go pick up the paper, we can't pick up the paper. You see,
that's
why we
got no...
Mr.
Plummer:
And if the personnel doesn't hire the employees, they won't have
no
employees,
so you going to include the personnel?
Mr.
Dawkins:
You see, that's part of our problem here in the City of Miami. -
It's
us and them. Now, when we reach the point where it's all us, we're going
to
be much better
off.
Mr.
Plummer:
That's what it stands right now, sanitation and GEA.
.q
Mayor
Suarez:
OK. Call the roll.
�y
161
"�-..+.-�.+•--...--_..
... _
_ -- iwi^.Mid...
.^•�'�__-
7
AN C)RD#NAMCE ENTITLED-
AN ORDINANCE AMENDING SECTION 22-2 OF CHAPTER 22 OF
TH$ CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "GARBAGE AND TRASH", BY ADDING A NEW
SUBSECTION (g) PROVIDING REGULATIONS TO SAID SECTION
FOR THE BUNDLING AND PREPARATION OF NEWSPAPERS AND
SALVAGEABLE MATERIALS; FURTHER, AMENDING SECTION 22013
OF CHAPTER 22 BY ADDING TO SAID SECTION A NEW
SUBSECTION (d) PROVIDING FOR THE PLACE WHERE NEWSPAPER
AND SALVAGEABLE MATERIALS SHALL BE PLACED FOR
COLLECTION, THE TIME OF COLLECTION AND A PENALTY FOR
REMOVAL BY UNAUTHORIZED PERSONS; FURTHER, AMENDING TO
SAID CHAPTER A NEW SECTION 22-13.1 PROVIDING FOR THE
INSTITUTION AND ESTABLISHMENT OF A SEPARATE
INDEPENDENT EDUCATIONAL FUND TO BE USED TO FUND TEN
(10) SCHOLARSHIPS EACH YEAR TO CHILDREN OF CITY OF
MIAMI SOLID WASTE AND GENERAL SERVICES ADMINISTRATION
DEPARTMENT EMPLOYEES, AS DETERMINED BY THE CITY
COMMISSION, UPON THE TERMS AND CONDITIONS CONTAINED IN
SUCH SECTION; CONTAINING A REPEALER PROVISION AND
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:
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.
49(A) DISCUSSION CONCERNING COMPLAINTS RECEIVED REGARDING OVERFLOWING OF
COMMERCIAL GARBAGE BINS.
(B) DISCUSSION CONCERNING PRESENT ASSISTANT DIRECTOR VACANCY IN SOLID WASTE
DEPARTMENT.
Mr. Plummer: Mr. Mayor, may I take advantage of Mr. Ingraham being here?
Mayor Suarez: Absolutely.
Mr. Plummer: Skinny.
Mr. Joseph Ingraham: Right here, sir.
Mr. Plummer: I have raised holy hell, I am going to continue to raise holy
hell. How many inspectors do you have that ride around in those little white
cars?
Mr. Ingraham: We have on the streets at any given day, approximately 14
inspectors, sir.
Mr. Plummer: Sir, I have brought to your attention, I am fed up with gar bna
that are overflowing, overflowing,
Mr. Ingraham: OK.
Mr. Plummer: You promised me that you would cite those places, apartmoat
houses and others that were not getting sufficient size bite to hQ1d,vh4tgver
they were creating, Now, I'll take you into Coconut Grove right now and I'll
162 July 13 .1969
show you garbage all flowing out of the tops because they did not provide a
big enough gar bin. Now, that's got to stop.
Mr. Ingraham- Congnissioner Plummer, I assure you that we are doing that.
Obviously we're not doing as much as you would like and we will work on it.
Mr. Plummer: You got 15 inspectors, sir.
Mr. Ingraham: Yes, we do, sir. We'll take care of the problem.
Mr. Plummer: OK, I'm going to tell you...
Mayor Suarez: Are some of those commercial accounts, by any chance?
Mr. Plummer: Most of them, I think, are commercial accounts.
Mr. Ingraham:
Yes, these are commercial accounts.
Mr. Plummer:
Yes, sir.
Mayor Suarez:
And we use our own inspectors, obviously, to - from Solid Waste
it
to regulate the commercial accounts, OK.
Mr. Ingraham:
To regulate those accounts.
Mayor Suarez:
No, I just want it clarified in my mind.
Mr. Plummer:
You know, what's happening where these things are required to
beat the fee,
if they can order a two yard container...
Mayor Suarez:
Absolutely, absolutely.
Mr. Plummer:
... and they need a ten, they're going to provide the cheapest
one that they
can provide. I hope, at the next meeting, I don't have to bring
you some polaroid pictures.
Mr. Ingraham:
g
We'll enforce it more so, Commissioner Plummer.
Ms. Range: May I ask a question?
Mayor Suarez:
Yes, ma'am.
Ms. Range: Mr. Ingraham, how many men - or how many people are under your
s:
supervision, your employ?
Mr. Ingraham:
We have 461 people in the Department of Solid Waste in
operations.
Ms. Range: Four hundred and sixty-one people.
Mr. Ingraham: Yes, ma'am.
Mr. Plummer: How many total?
Mr. Ingraham: The total of approximately 500 if you include the ninety -nines
that we use on an ongoing basis or more. -
Mr. Dawkins: Ninety -nines are part timers....
s: Mr. Ingraham: Right.
Ms. Range: And what is your top administration, do you have assistants? Do
you have an assistant or what do you have to assist in this?
�. Ms. Itatige: Oh, you do not have an assistant.
Mr. Odio: He his, but the difference that he has:..;
Mr. Dawkins: Hold it, hold it, hold it. Let hits finish, please, sir.
Mr. Odio: OK.
Mr. Dawkins: See, I know he works for you and I know you waist to put words it
his mouth but let him answer Mrs. Range's questions and then if you want to,
you know, Jack him up because he sold you out, please do that. But let hire
finish.
Mr. Odio: I can do that?
Mr. Dawkins: Yes, um hum.
Mr. Ingraham: Go right ahead, Mrs. Range, your question was in reference to
whether or not we have an assistant director on the property? We do not at
the present time.
Mr. Plummer: And how long... I'm sorry.
Ms. Range: You go right ahead.
Mr. Plummer: How long is that position been vacant?
Mr. Ingraham: Approximately a year, year and a half.
Mr. Plummer: And you've operated pretty good without it, haven't you?
Mr. Ingraham: Doing the best that we can do.
Mr. Plummer: That isn't my question. You've operated good without it.
Mr. Dawkins: The best that we can.
Mr. Ingraham: My response is that we're doing the best that we can to your
question in reference to, we've operated pretty good without it, we're doing
the best that we can.
Ms. Range: Could you do better if you had an assistant?
Mr. Ingraham: Yes, I think that we could. Yes, ma'am.
Ms. Range: The problem that Commissioner Plummer presented is quite evident
all over the City, I believe, as far as bins being overrun, especially in the
predominantly black area because of the density of population. You see, where
we have - and I said this 25 years ago and I'll have to repeat it now. On
South Bayshore Drive, for an instance, where a man, his wife, his dog and his
maid lives and garbage is not a problem, we never see garbage there because of
t` the sparsely populated areas. But, out in Liberty City way, Overtown, and in
the - I rode through parts of the Spanish community on yesterday - and these
areas are lacking in garbage - I won't say pickup, but sufficient garbage bins
., to take care of it, and I am just wondering if you had an assistant or if you
had additional people, if that would help your situation in giving them
k, specific duties to overcome that.
Mayor Suarez: I'm glad you said the second part of that. If you had
additional people or an assistant because I have a feeling if what we're _
trying to tackle is the problems that Commissioner Plummer referred to, that
additional inspectors might make more sense than an assistant director.
Although, obviously, these are administrative matters that I think the
director and the Manager ought to make recommendations on, but and actually
they're the ones that make those decisions while we decide on the budget. My
4_ preference, and I was just telling ' you that as a general rule is if we're
going to have additional manpower in a department, is to have it at the. level
where it impacts the people at the...
M i th i l ti
r. Plummer: Writ ng e v o a ons.
lb4►..►
.
1�9
Mayor Suarez: Yes. As opposed to having more... how many assistants did ybu
haves did you say you had?
Mr. Ingraham: We have three assistants to the director.
Ms. Range: Three assistants to the director.
Mayor Suarez: I've never understood the difference between an assistant
director and assistant to the director although I raised the same issue with
the Manager because he's got assistant managers and assistants to the manager
4 but...
Mr. Plummer: It's salary.
Mayor Suarez: ... I know that the assistants to the manager get paid a lot
less.
Mr. Plummer: Salary.
Mayor Suarez: So, if they can get rid of that to and the the, you know,
they'd do real well, but they're in there. Anything further on this item?
Mr. Dawkins: Yes.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: You say you have approximately how many men under your
direction?
Mr. Ingraham: Four hundred and sixty-one.
Mr. Dawkins: OK. In the Building and Zoning, how many employees are in
there, Mr. Manager?
Mr. Odio: I have to look at the budget.
Mayor Suarez: Approximate, Mr. Manager.
Mr. Dawkins: Approximately.
Mr. Odio: I don't remember. I really don't have...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: There he is. He's got the answer right at...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr.
Dawkins: Huh?
Mr.
Odio: Ninety.
Mr.
Dawkins: OK, do we have an assistant director over there?
Mr.
Odio: Yes, we do.
Mr.
Dawkins: For ninety people?
r
Mr.
Odio: Yes.
Mr.
Dawkins: OK, all right, now, that's the building and zoning.
Mr,
Plummer: Wait a minute. How many assistants to the director over there?
Mr.
Odio: None, that I know of.
Mr.
Plummer: None? None, OK, so there is an offsetting factor,
Mr.
Dawkins: What is it?
Mr. Plummer: Well, there's no assistants to the director in.=,
ti
M
Mr. Dai►kins: For one hundred people. OK?
Mr. Plummer: Correct.
Mr. Dawkins: For one hundred people...
Mr. Plummer: Yes.
Mr. Dawkins: ... you got an assistant and an assistant director. 1r6r tI"
hundred people, you got one assistant and fide assistant, three assistahte and
getting ready to hire another assistant to.
Mr. Plummer: I can't answer that.
Mr. Dawkins: The guy you're bringing in will be what?
Mr. Odio: He's an engineer for recycling purposes.
Ms. Range: I think if you were to bring - I think if we had a chart showing
the duties and the way that they come down, an assistant reporting directly to
the director and others reporting to that person. The only thing I'm trying
to say is that I think with some four hundred and more, almost five hundred
employees, that, perhaps, we could have an overall a much better overall
performance if some of the duties were lifted from the head and brought down
and I'm sure we've all seen these charts. One arm reports to the middle and
up'. That's the only thing I'm interested in.
Mr. Dawkins: How many people in the Finance Department?
Mr. Odio: Seventy.
Mr. Dawkins: Seventy?
Mr. Odio: Seven, oh.
Mr. Dawkins: Is there assistant director?
Mr. Odio: Yes, sir.
Mr. Dawkins: OK, no problem, let me see where there's another department I
need.
Mr. Odio: They all have assistant...
Mr. Dawkins: Parks and Recreation. How many employees?
Mr. Odio: About two hundred and some people - they have two assistant
directors.
Mr. Dawkins: All right, they got how many people?
Mr. Odio: Two...
Mr. Dawkins: Two hundred and seventy and they got two assistants to the
director.
Mr. Odio: Yes, sir.
Mr. Dawkins: I'm just trying
to get a pattern going here
and see what, you
know, I just to see...
r
Mr. Odio: Well, do you want
me to tell you why we don't
have an assistant
s
director in...? -I'll do it.
Mr. Dawkins: No, I don't need
to know. I know why, I know
why.
Mr. Odio: OK. I'll put it on
the record.
Mr. Dawkins: OK. I already...
you put it on the record
and I�l'1 but it~Q
the record.
Mr. Odio; Yes, sir.
x
�h
166ti►�
Mr. Dawkins: Oh, you put it on the record.
Mr. Odio: Because, when we had aft assistant director, we had a total conflict
of personalities there. The director was totally isolated from his operations
and we had complaints here on a constant basis from the union. We had
constant problems in operations. We had constant problems in inspection
division and this way, you have a direct line of communication with the
director. And since we appointed an operations chief that is in charge of
operations reporting directly to the director, we haven't had one problem
since we did that.
Mayor Suarez: Who's the operations chief?
Mr. Odio: Peter Joffre.
Mr. Dawkins: OK, now you told me that you did it because when you were
reorganizing, you felt that you could save money and have the same operation.
Now, you're telling me something different.
Mr. Odio: I said at the same time we were saving the monies and we did save
monies on an assistant director. We have had a better operations...
Mr. Dawkins: No, no...
Mr. Odio: ... since we did that, Commissioner. Before that, when you had the
operations division reporting through an assistant director, the director did
not know what was going on and there was always a constant fight or lack of
communication or whatever you want to call it. It was a total mess over
there.
Ms. Range: You will bear with me knowing that I've just come back into this.
Mr. Odio: Yes, Commissioner.
Ms. Range: Under whose supervision was the department when you had the
conflict?
Mr. Odio: Well, Mr. Ingraham had an assistant director for a while there.
Who was it? Bledsoe, Mr. Bledsoe.
Ms. Range: I see. All right. Thank you.
Mr. Odio: Yes, sir.
Mr. Dawkins: I made my point.
Mr. Plummer: Are we ready for the next item?
50. SET PUBLIC HEARING FOR SEPTEMBER 14TH, 1989 TO TAKE TESTIMONY REGARDING
THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT
ESTABLISHED FOR ONE-YEAR PERIOD.
Mayor Suarez: Item 32.
Mr. Plummer: Move it.
Mayor Suarez: Moved. security district special improvement
district...
Mr. Dawkins: Second.
Mayor Suarez: ... moved and seconded. Any.discussion? It not, call the roil
on the resolution.
13
The follbvifig resolutiofi was Introduted by Got niatiofitt PtUffftftj
!hovsd it& Adoption:
RESOLUTION NO. 89-851
A RESOLUTION SCHEDULING A PUBLIC HEARING FOR SEPTE14BER
14, 1989 AT 5:00 P.M. TO TAKE TESTIMONY REGARDING THE
rLAGLER/CORE AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT, ESTABLISHED FOR A ONE YEAR
PERIOD BY RESOLUTION NO. 89-548, AS AMENDED, PROVIDING
THAT AT SUCH TIME ALL PROPERTY OWNERS OR ANY OTHER
PERSONS INTERESTED THEREIN SHALL APPEAR BEFORE THE
CITY COMMISSION, AND BE HEARD AS TO THE PROPRIETY,
ADVISABILITY AND COST OF MAKING SUCH IMPROVEMENTS,
AGAINST EACH PROPERTY SO IMPROVED; IN ACCORDANCE WITH
FLORIDA STATUTES SECTIONS 170.07-170.08.
(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.
51(A) CITY COMMISSION IMPANELS ITSELF TO DISCUSS ISSUES CONCERNING THE WYNWOOD
SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOODSNID).
(B) APPOINT MAYOR XAVIER SUAREZ AS CHAIRMAN OF THE WYNWOOD SAFE NEIGHBORHOOD
IMPROVEMENT DISTRICT (WYNWOODSNID) BOARD OF DIRECTORS.
(C) IMPANELLED AS BOARD OF DIRECTORS OF WYNWOODSNID, CITY COMMISSION
CONFIRMS ACCEPTANCE OF A STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM
GRANT ($250,000) - Confirm action of Mayor Suarez in executing agreement
with Florida Department of Community Affairs for preparation of a plan
for said district.
(D) IMPANELLED AS BOARD OF DIRECTORS OF WYNWOODSNID, CITY COMMISSION ADOPTS
BY-LAWS FOR OPERATION OF WYNWOODSNID AND APPOINTS INDIVIDUALS TO SERVE
AS MEMBERS OF ADVISORY COUNCIL (Appointed were: Pat Gerrits, Fred
Santiago, Luis Turner, Dorothy Quintana, leaving one appointment yet to
be made.)
Mayor Suarez: Item thirty...
Mr. Plummer: Thirty-three. Here comes Robin Hood.
Mr. Jorge Fernandez: Did 32 pass?
Mr. Plummer: Thirty-two passed.
k Mayor Suarez: OK, we'll get to it in a second. Item 33.
Mr. Elbert Waters: Mr. Mayor, members of the Commission, Elbert...
Mayor Suarez: This is the one that we all wanted more input on because it
seemed like a bunch of money for planning and not for actually getting the
improvements done.
-The f6ilawittl retolutt&h *to thtredeced by Comissioner PlAofter, Vhb
. 6-*ed its ad6pt 6ft!
RESOLUTION NO. 89-651
A RESOLUTION SCHEDULING A PUBLIC HEARING FOR SEPTEMBER
140 1089 AT 5:00 P.M. TO TAKE TESTIMONY REGARDING THE
FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT, ESTABLISHED FOR A ONE YEAR
PERIOD BY RESOLUTION NO. 89-548, AS AMENDED, PROVIDING
THAT AT SUCH TIME ALL PROPERTY OWNERS OR ANY OTHER
PERSONS INTERESTED THEREIN SHALL APPEAR BEFORE THE
CITY COMMISSION, AND BE HEARD AS TO THE PROPRIETY,
ADVISABILITY AND COST OF MAKING SUCH IMPROVEMENTS,
AGAINST EACH PROPERTY SO IMPROVED; IN ACCORDANCE WITH
FLORIDA STATUTES SECTIONS 170.07-170.08.
(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.
51(A) CITY COMMISSION IMPANELS ITSELF TO DISCUSS ISSUES CONCERNING THE WYNWOOD
SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOODSNID).
(B) APPOINT MAYOR XAVIER SUAREZ AS CHAIRMAN OF THE WYNWOOD SAFE NEIGHBORHOOD
IMPROVEMENT DISTRICT (WYNWOODSNID) BOARD OF DIRECTORS.
(C) IMPANELLED AS BOARD OF DIRECTORS OF WYNWOODSNID, CITY COMMISSION
CONFIRMS ACCEPTANCE OF A STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM
GRANT ($250,000) - Confirm action of Mayor Suarez in executing agreement
with Florida Department of Community Affairs for preparation of a plan
for said district.
(D) IMPANELLED AS BOARD OF DIRECTORS OF WYNWOODSNID, CITY COMMISSION ADOPTS
BY-LAWS FOR OPERATION OF WYNWOODSNID AND APPOINTS INDIVIDUALS TO SERVE
AS MEMBERS OF ADVISORY COUNCIL (Appointed were: Pat Gerrits, Fred
Santiago, Luis Turner, Dorothy Quintana, leaving one appointment yet to
be made.)
------------------------ ----------------------- --------------- -- -------- ---....,._
Mayor Suarez: Item thirty...
Mr. Plummer: Thirty-three. Here comes Robin Hood.
`Mr. Jorge Fernandez: Did 32 pass?
Mayor Suarez: This is the one that we all wanted more input on, opcouaa .t
seemed like a bunch of money for planning and not for actually getting tt}e
improvements done.
i2�
gg�
y
s r
�-
- _. ...
�t W
r
13
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalte Range
Commissioner Miller Dawkins
Vice Mayor victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ARSE.NT: None.
Mayor Suarez: Nov I can chair the meeting, I guess.
Mr. Dawkins: That's right, um hum.
Mayor Suarez: OK, what do we need to do on it?
Mr. Waters: Yes, Mr. Chairman, we respectfully request that the board of
directors of Wynwood Safe Neighborhood Improvement District ratify the
agreement previously approved by Resolution 89-577.1 between the City, Wynwood
Safe Neighborhood Improvement District and the Florida Department of Community
Affairs in the amount of $250,000. The $250,000 is for the purpose of
i preparing the Wynwood Safe Neighborhood plan per the attached resolution. At
the June 22nd meeting, the Commission adopted two resolutions, one was for a
$30,000 technical assistance grant and the other was for a $250,000 planning
grant between the City and the Department of Community Affairs. The City
administration, after the Commission approved those items, transmitted the
grant applications and agreements to DCA. DCA, in turn, called the City
administration and indicated that they could not accept the signature of the
City Manager as such on the $250,000 contract and that what we needed to do
was to have that contract signed by the Mayor, i.e, the Chairman of the board
of directors of the district and transmit that information back to them after
which the signature of the Mayor had to have been ratified by the board of
directors. We respectfully request that item be ratified by this Commission,
this board, I'm sorry.
i-
Mr. Dawkins: This board.
Mayor Suarez: I'll entertain a motion on that unless anybody has any
questions. I guess everybody, by now, has had a chance to see what the
contract contains and presumably the effort that will be undertaken.
Mr. Dawkins: So move.
a
Mr. Plummer: Did he move it? I second. Under discussion.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: With the proviso that all expenditures are approved by the City
personnel prior to their expending. -
Mr. Clark: Mr. Mayor and Commission Plummer. Also today, you have bylaws
that set up the procedure, Mr. Rios will explain it, but everyone of the
expenditures will be subject to this body, meaning the board's direction. The
bylaws have been distributed to you and you will be asked to adopt those.
putting Mr. Plummer: Well, for the record, the reason I'm
ts•. g that provision, I
was supplied with a budget and I do believe that that budget is a little with
�f
a great deal of buffer, a great deal of contingency. And I'm not going to
fight it at this particular point, but I'm saying is that that would be amount
not to exceed, and that the City staff will control and this Commission will
never be placed in a position of having to ratify. We will approve before.
Mr. Dawkins: Prior to. OK. -
' Mr. Clark: If you will take a roll call vote then on the action ratifying the
Mayor's action in executing that grant agreement that would be in order-
because that constitutes your official acceptance of the grant itself.
Mr. Plummer: Can we trust you?
Mr, Clark: With those admonitions from you, of course to the everyone
present.
# � t1tva6ti Wairre Already made the h6ti6n. t eetoitd it;. t &eea vaf
ready £ot a Moil call.
mayor Suarea: 'Mated and eecondod it that*'& no further diatuaai6n.
Mr. Plummets No* aaich do the board bf Airectora jet t6tr tt*ndirig the
meetings?
Mr. Clark: Without coftpensation.
Mr. Plummer, No tortillas and one Pepsi Cola.
Manor Suarez, Cull the roll.
r. The following resolution was introduced by Commissioner Dawkins, who
mooted its adoption,
RESOLUTION NO. 89-653 -
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
s` ATTACHMENT, SITTING IN DULY CONVENED SESSION AS THE 5
BOARD OF DIRECTORS OF THE WYNWOOD SAFE NEIGHBORHOOD
IMPROVEMENT DISTRICT, RATIFYING, APPROVING AND
CONFIRMING ACCEPTANCE OF A STATE OF FLORIDA SAFE
NEIGHBORHOOD PROGRAM GRANT IN THE AMOUNT OF $250,000;
RATIFYING, APPROVING AND CONFIRMING THE ACTION OF
MAYOR XAVIER L. SUAREZ AS CHAIRMAN OF THE BOARD OF
DIRECTORS IN EXECUTING THE ATTACHED AGREEMENT WITH THE
The following resolution vas introduced by Commissioner Plug,
thbved its adbptioni
RESOLUTION NO. 89-654
A RESOLUTION, WITH ATTACHMENT, OF THE MIAMI CITY
COMMISSION, SITTING IN DULY CONVENED SESSION AS THE
BOARD OF DIRECTORS OF THE WYNWOOD SAFE NEIGHBORHOOD
IMPROVEMENT DISTRICT (WYNWOODSNID, ADOPTING BY-LAWS
FOR THE OPERATION OF THE WYNWOODSNID AND APPOINTING
CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE
WYNWOODSNID ADVISORY COUNCIL.
(NOTE FOR THE RECORD: The following individuals were
appointed to the Wynwoodsid Advisory Council:
PAT GARRETS (appointed by Commissioner Plummer)
FRED SANTIAGO (appointed by Mayor Suarez) —
LUIS TURNER (appointed by Commissioner Dawkins)
DOROTHY QUINTANA (appointed by Commissioner Range)
=r
One nomination is pending from Vice Mayor De Yurre.)
-',
(Here follows body of resolution, omitted here and on
i
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYESs 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. Clarks And now I'm going to turn Mr. Rios over to you because he has from
his board, you are the co -applicants with the Economic Development
Corporation, you are the co -applicants. They have nominated to you or sent to
you a list of names for your consideration for an advisory council which is
_
strictly advisory that is part of the state law that you will be right now, -
-
you've already established this by ordinance and what you will be asked today
on the list of names that you have and Mr. Rios...
Mr. Plummer: Where is it?
Mr. Clark: It's at the last sheet on the page that you were given.
Mr. Plummer: Are each one of us to nominate one? Is that what it is?
Mr. Clark: It's a five member board and...
Mr. Bill Rios: My recommendation of the fourteen that are there, the first
five that you have a choice of any one of fourteen.
E
Mayor Suarez: Where's that list?
Mr. Plummer: I'll nominate Mr. Pat Garrison.
■::`
Mr. Dawkins: OK, that's... yes, one each, uh huh. OK, I'll take hold it,
no, oh - I'll come up with one.
.:
Mayor Suarez: Don't confuse things.
Mr. Dawkins: Well, they got no blacks on here, come here... not any blacks,
,s,..
r
Mayor Suarez: Is there anyone that, Bill, that you feel that you need on It?
Mr. Rios: I'm sorry, sir.
Mayor Suarez: Is there anyone you feel you need on it?
t
Mr. loos: Well, we have people Who have contributed to the project Vho ithft
it vety well,
Mr. Plummer: it's the last two pages.
Mayor Suaree. Give me some names, i'11 nominate one of theta. Quickly, before
I change my mind.
Mr. Rios: Fred Santiago, Al Jacobs,
Mayor Suarez: I'll nominate Fred Santiago. We got three nominations.
Mr. Plummer: We're not getting geailio on there, are we?
Mr. Rios: No.
Mr. Plummer: Thank God.
Mr. Dawkins: I'll take Louie Turner, because he speaks Spanish.
Mayor Suarez: Dorothy - has somebody nominated Dorothy? Is she going to be
active? You want to nominate Dorothy Quintana?
Ms. Range: I don't mind. Oh, yes, I'd be pleased to nominate her.
Mayor Suarez: There you go.
Ms. Range: What is the name?
Mayor Suarez: Dorothy Quintana.
Ms. Range: Ms. Dorothy Quintana is my nominee.
Mayor Suarez: Do you need... how many do you need?
Mr. Waters: Two more.
—
Mayor Suarez: Two more, minimum?
Mr. Rios: One more.
Mr. De Yurre: I'll provide mine at a future date.
Mayor Suarez: OK, we'll reserve the recommendation of
Vice Mayor De Yurre.
Mr. Clark: Did the Clerk receive those names?
Mayor Suarez: To be done in writing?
Ms. Hirai: Yes, sir.
Mayor Suarez: And with all of those together, then we'll
take in the forts of
a motion.
_
Mr. Plummer: So move.
Mayor Suarez: And a second. Call the roll.
�rY
=
Mr. Dawkins: Under discussion.,�
Mr. Rios: Yes, sir.
Mr. Dawkins: You're new at this. Mr. Rios, you're new at this, Ox?
1
Mr. Rios: Yes, sir.
Mr. Dawkins: Don't put your board of directors in a
position like this, p
Now, all these people on here who were not nominated,
they're angry wjth %t
-
g
OK?
Mac. Rios: No, sir. No, sir,
f
)
Mr. Da+w'kins: See, why you picked looked over tee. Come on, thee. So aeitt
time, you know, check with us before you write anything down and then you
don't have to have us in a position like this, OK?
Mr. Rios: OK. Yes, air.
Mr. Plummer: If not, we'll find a new CEO.
Mayor Suarez: And, Bill, if indeed they want to serve and if you'd like to
have a board that large, apparently there's no limitation, there's reason why
each one of them can't call one of us and we'll go ahead and appoint fine new
k members. Don't put us in a situation of appointing people we don't know.
j
Mr. Rios: Right. It's three to seven and... thank you.
Mayor Suarez: You know, anyone of these can call any one of us, come in for
an interview and we'll be happy to add to the board.
Mr. Rios: OK.
Mayor Suarez: We've got you already in so don't say anything. Call the roll.
Mr. Plummer: Well, wait a minute. Let me ask a question. Why is five a
magical number?
Mr. Dawkins: Easy to work with.
_
Mr. Rios: You requested five when the original ordinance was enacted.
Mayor Suarez: Well, we can add more.
-
The following motion was introduced by Commissioner Plummer, who moved
-{
its adoption:
3
MOTION NO. 89-655
THE PARAMETERS OF THE HEREINABOVE MOTION ARE
j.;
FORMALIZED AND CONTAINED IN R-89-654.
i
Upon being seconded by Commissioner De Yurre, the motion was passed and
-
adopted by the following vote:
— j
AYES: Commissioner J. L. Plummer, Jr.
-
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
_-
ABSENTt None.
Mr. Dawkins: Mr. Mayor, out of respect, we got a gentleman here from the
Governor's office and the president of Southeast Bank and some people who are
very busy. Could we hear 51 out of order in deference to them?
■
Mayor Suarez: who?
Mr. Dawkins: The Governor's aide may have to catch a plane or something, i
don't know.
-
:.tr rl.-I,. Mnvnr wnttlti vntt rAnnnvnnA an thA City rnmminninn_
Mt. D&Wkina: No, board of directors.
Mr. Rios: No, no, Safe Neighborhood Improvement District.
Mayor Suaretr: Safe Neighborhood Improvement District advisory board.
Mr. Rios: No, board of directors.
Mr. Waters: No, board of directors.
Mayor Suarez: Board of directors...
Mr. Rios: Thank you.
Mayor Suarez: ...and are now back as Miami City Commission advisory board;
THEREUPON THE BOARD OF DIRECTORS OF THE WYNWOOD LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT PROCEEDED TO ADJOURN
CONSIDERATION OF THE HEREINABOVE ISSUE.
Mr. Waters: Thank you, Mr. Mayor, Commission.
Mr. Plummer: Boy, I hope they operate...
Mayor Suarez: See, I'm going to get that in there somehow.
Mr. Plummer: I hope they operate better with you as chairman than that.
Mayor Suarez: I don't have to attend the meetings, do I1
Mr. Rios: No, no.
---------------------------------------------------------------------------
a 52. REFER TO MANAGER FUNDING REQUEST RECEIVED FROM REPRESENTATIVES OF
INTERAMERICAN CO -PRODUCTIVE CONFERENCE AND MARKET OF FILM (NORA SWAN)
City Manager to recommend.
----------------------------------------------------------------------------
Mr. Dawkins: Fifty-one.
Mayor Suarez: Which is the item that you wanted out of...
Mr. Dawkins: Fifty-one, Ms. Swan. OK.
Mayor Suarez: And I know...
Mr. Toby Ross: Thank you, my name is...
Mayor Suarez: I'm sorry and I know that Vice Mayor had reminded me that we
should make some announcement and take a formal vote on the 4400 building if,
indeed, that was scheduled for 5:00 p.m. Go ahead, sir.
Mr. Ross: Thank you. My name is Toby Ross...
Mayor Suarez: Don't
remind me of that Victor.
Mr. Ross: ... I'm the senior member of the Governor's motion picture and
television advisory council. I'm here to speak about the Inter-American
t: Conference that the City of Miami put on last g p g
s�. y p year and is coming u again this -
;E year. Commissioners, Mr. Mayor, this is probably the most important thing
that's happened in the motion picture industry to the City of Miami since we
started back in the early 19601s. As you all know, Orlando has taken over the -
leadership in the state with Universal Studios and Walt Disney Studios coming =
in. What we're proposing is to have the first producers market, not a film -
festival and not anything like Cannes where people come and look at movies, -
„ but the first producers market where producers from all over the world can
K come to the City of Miami and meet and do production deals. When this market
every major trade publication in the country has picked up on what the City of
Miami is doing and people from all over the world have been contacting Nora
Swan's office to see about attending this conference. This could put Miami
back in a leadership position_ in the state of Florida in motion picture making
and beside a leadership position in the state of Florida, economically it
could put Miami in a leadership position for the whole country. This is
unique, it's never been done before, it's something that's receiving marvelous
participation. The Governor's advisory council has recommended it a hundred
percent. The state of Florida is behind it and I think Miami has an
opportunity to move forward and you'll see that this request that Miss Swan
has put in is a very minor one for the economic impact that it will have on
Miami in the next five to ten years.
Mr. Plummer: How much?
Mr. Ross: Well, I can't put a... we're asking for $30,000, the industry grew
from $46 to $250 million dollars, and it's projected to go to $500 million
dollars within the next five years. A good piece of that business has been
slipping up to the center part of the state to Orlando. It can be brought
back to Miami through this conference.
Mr. Dawkins: How much money are you asking for, that's what he's asking.
Mr. Ross: Oh, $30,000.
Mr. Plummer: How much has Metro given you?
Mr. Ross: Thirty thousand, hopefully.
Mr. Plummer: How much has the State of Florida?
Mr. Ross: We're getting $10,000 from the state film office and we're looking
into other funds that the Lieutenant Governor has said he would look into.
He's one of the honorary cochairs of the conference and he's trying to find us
some money. As you know, they just had big budget cut backs and they have
some funds put aside and we're looking into those funds.
Mr. Plummer: How would this dovetail into the International Film Festival?
Mr. Ross: Well, this is not a film festival.
Mr. Plummer: Oh, I understand. But would it, in effect, you have a film
festival which is going on, which this City sponsors.
Mr. Ross: Yes.
Mr. Plummer: And would that not be an appropriate time to have this other
organization at the same time?
Mr. Ross: No, sir. As an industry professional and as a producer and a
director of films, the people who come to look at films that are already made
and to appreciate filmmaking are an entirely different crowd than the
financial people and the heads of studios who come to make the picture deals.
They do it at Cannes to some degree. There's a little bit of a market going
on there. But professionals from all over the industry have said to myself
and have written to Nora Swan and said, this is wonderful, this is not coming
to look at old films, this is not entertainment. Not that we're against the
film festival, but this is a pure market where our financial institutions in
Florida can be leaders. We can bring people here to look at our post
production facilities, and it would bring the movers and shakers who run the
studios now, not the...
Mr. Plummer: OK, the point I'm trying to get at is not only in the funding,
but if they're only coming here to make deals and not making movies here,
that's a big difference. Now, if you're telling me that I'm going to spend
this money of the taxpayers of the City to generate more dollars for this
City, then I say, great, but if they're only coming here to meet to make deals
to make their movies elsewhere, then I don't think that's money well spent for
the taxpayers.
Mr. Ross: No, I'm sorry if I made you feel that way. First of all, it will
do two things to bring money here. It will be a showcase for every Florida
176 July 13, 1949
producer, every production facility in this town, every sound stage, past
production person, to meet with the people who make the movies from all over
the world. We are not bringing them here to make deals and go away. We are
going to showcase Florida producers, Florida facilities, Florida financial
institutions...
Mr. Plummer: That's Florida, you're speaking.... tell me what generating of
dollars the City of Miami is directly going to receive for their dollars which
they spend.
Ms. Nora Swan: Toby...
Mr. Plummer: In other words, my understanding is that a great deal, and they
do it with pride and God bless them, that the percentage, the biggest
percentage is going to North Miami. Now, for my $30,000 that you're asking me
for, tell me what and how that generation of dollars is going to come back to
this City; not North Miami, not Dade County, not the State of Florida, but
where you're asking the dollars from.
Mr. Ross: You're talking about within the City limits of Miami.
Mr. Plummer: Yes, sir. You're asking me to spend City of Miami tax dollars.
Mr. Ross: Well, let me refer to one of my friends here.
Mr. Plummer: Fine, sir.
Mr. Manuel Lasaga: Well, let me address, I'm in the financial side,
Commissioner. My name is Manuel Lasaga with Southeast Bank. We have a very
important financial community here and part of this effort is to really
convert Miami to a clearing house for this type of information - that we have
an infrastructure which is a financial infrastructure that understands how to
finance co -production in Latin America because it involves dead equity types
of financing, it involves the use of block funds. To the extent that this
will offer an opportunity to financial institutions here in Miami that haven't
specialization in international operations, this type of conference would
bring together specialists who would have access to our expertise here and we
would benefit.
Mr. Plummer: And how much are those financial institutions putting up in
dollars? Speak for your own. How much is Southeast Bank putting up for this
festival?
Mr. Lasaga: Well, we're certainly putting in support in -kind and sponsorship
of the event, but...
Mr. Plummer: Sir, you are a bank. You talk in dollars. Talk to me in
dollars. I'll give you in -kind, that's not what you want.
Mr. Lasaga: Yes.
Mayor Suarez: He'll give you a lot of kindness.
i Mr. Lasaga: Well, sir, I can speak for myself. I, at this point, I cannot
speak for my institution. I speak for myself as a supporter of this effort
because I see the film industry of great potential to the state, and I support
it.
Mr. Plummer: Yes, air, I...
Mr. Lasaga: As far as my institution, I won't be able to give you that answer
... now.
Mr. Plummer: I agree with you to the state. But you're not asking here for -
state dollars, you're asking for City dollars, and as a representative of the
City taxpayers, when I spend their money, it is natural that they expect e
w� return. Now tell me how this group is going to reach out; are they going to
3 create jobs?
Mr. Rossi Yes.
Mr. Plummer: In the City of Miami?
July' 13i9-84
r'.f -
Mt. Roes: its,
Mr. Pluffter: Now abd what kind of jobs?
Mr. Ross: You will find that most of the equipment houses and the majority of
the trained professionals in the state who work all over the state, live in
the City of Miami. They were trained on Miami Vice, they were trained working
on Ivan Tors. The whole backbone of the industry was created here in the City
of Miami.
Mr. Plummer: I'm aware of that, but I'm also aware that most of that
production now is going up to North Miami.
Mr. Rose: Exactly right and that's why this conference will help bring it
back.
Mr. Plummer: And, you know, how much is North Miami contributing?
Mr. Ross: I can't speak for North Miami.
Mr. Plummer: Well, if they're getting the bulk of the business, hey, where is
all my colleagues? I'm...
Mr. Ross: But, Commissioner Plummer, you're talking about - may I just...
Mr. Dawkins: You're doing fine. We're with you.
Mr. Ross: May I answer? You're talking apples and oranges. If you had...
Mr. Plummer: That makes for a good fruit salad.
Mr. Ross: Good.
Mr. Plummer: Now, let's straighten it out.
Mr. Ross: If you had the land to build studios here within the City of Miami,
I'm sure that some of the people who have been attracted - and I know - is
Univision within the City of Miami now? At 36th Street, one of the... from
the last conference, one of the largest television deals in Latin America was
put together through this conference last year. They started the soap opera,
Nora can tell you.
Mayor Suarez: Thirty-sixth Street and what Avenue though?
Mr. Plummer: You're talking about Univision? That's in Hialeah. _
Mayor Suarez: Yes. It's not in the City. z
Mr. Plummer: What is Hialeah giving you?
i,
Ms. Nora Swan: What I did want to say...
Mayor Suarez: Because I was at the studios, they're very impressive, but it's
not the City of Miami. Go ahead.
Mr. Plummer: And that's going under.
Mayor Suarez: I guess it's not so impressive then.
Ms. Swan: Nora Swan, the film office, Department of Development. What I
wanted to say is that number one that the City of Miami, Miami has... we
have
in this area been a location site up to now, and that means that
the
filmmakers come here in order to just use the location for certain reasons
because of our climate, because our right to work state and there are all
the
other facilities that we have here. However, we would like to become a
full
production area which means that we would have the post production here.
We
would have distribution. Since we have the financial and trade infrastructure
that is in Miami, we have the opportunity of developing that side of
the
business aside from the studios or facilities that are already there, we
have
an opportunity to develop that part of the business which is the largest
part
of the business right here within the City of Miami because we:have the hotels -,
178 July 13,
1949
c
here, we have the financial structure here and we have the trades. And if we
let go of this opportunity, then we will be giving it to other parts of the
country. This way, we are becoming and it is Miami, if you will read all the
trade papers, you will see that it is Miami that is being talked about.
Mr. Plummer: What does the Manager recommend?
Mr. Dawkins: He never saw it, I don't think.
Mr. Plummer: Why didn't you say that in the beginning? Why are we arguing if
there's no funding?
Mayor Suarez: What about the possibility, Mr. Assistant City Manager, of -
since we considering, I think, or at least part of the plan for the Omni
development area is to have possibility of some entertainment or filmmaking
component there - that some of the funds from that might be used. Could that
be explored? Would it make sense for us to make a motion to explore that?
Mr. Plummer: When will this event take place?
Ms. Swan: It's a market and conference, it will be October 12th through the
14th of this year.
Mr. Ross: Excuse me, Mr. Mayor.
Mayor Suarez: We won't have that created? I think...
Mr. Ross: Mr. Mayor, may I...
Mayor Suarez: Let me just ask one other question because we've got a regular
process for things that could be considered to be of international commercial
interest and that's the International Trade Board, and I want to ask
Commissioner Dawkins if the ITB has looked at this at all.
Mr. Dawkins: We looked at it and...
Mayor Suarez: International Trade Board.
Mr. Dawkins: ... and we felt that it would be a good thing, but I failed, and
it's my fault, to recommend to them that they go to the Manager, so that when
they come to us, they have the Manager's blessings or not blessings. And that
was an error on my part...
Mayor Suarez: It's difficult...
-s
—=
Mr. Dawkins: ... so I'd like...
Mayor Suarez: Yes, it's difficult enough to get here and ask for the funds
and find out that the funding is not available if you've met with the
Manager's office and maybe they can look at the - explore the possibility of
the development district or maybe another one of the development districts.
a;
Maybe there's a possibility of Overtown Park/West. Maybe there's a
possibility of - I don't know - some of the other funds of the City, Off -
Street Parking Authority, Downtown Development Authority...
Ms. Swan: One of the things that we did is to set up this market and
s
conference in the Omni area. We have our hotels there.
Mayor Suarez: That's why I was saying the Omni, but I don't that that
district will be set up in time. That's what Commissioner Plummer was making -
reference to.
,.
Mr. Plummer: Is there anything we can do in -kind for you? =
�.
Ms. Swan: The City of Miami has been most helpful in in -kinds. I mean, if it
>=
weren't for that, there would be no conference, there would be no market. The
thing is, that we
are going
to fly in about 80 of the top people
from the
industry around the world.
All the top press,
international press,
will be
here. And we need
to fly them
in. That's what we need the money for
mainly.
Mr. Dawkins: OK,
Mr. Mayor,
I move that this be
sent to the Manager
and that
the Manager report
back to us
on the 27th with a
recommendation,
16
179
.7uly
1 19
Mi
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Mr. Manager, you might want to consider, I think it
would be reflective of this Commission's views and, if not, maybe they can so
state. You might consider within your administrative jurisdiction, the
possibility of helping out in this process, particularly given that Nora's
time is totally free and would probably be worth at least that much. In any
event, that's the tenor...
Mr. Plummer: No, no, no, you haven't read the agenda.
Ms. Swan: No, no, - yes. No, we...
Mr. Plummer: Nora's time is not free.
Ms. Swans No.
Mr. Plummer: She's on the agenda for twenty-five thousand.
Mayor Suarez: I take back what I just said and...
Mr. Dawkins: Now, what did he say? After we pay her twenty-five thousand,
her time will be free, that's what the Mayor is saying for them.
Mr. Plummer: Well, why don't we give them an alternative? We either give
them Nora's salary or we give them conference money.
Ms. Swan: Thanks a lot.
Mayor Suarez: I did not know that we were getting ready to fund your valuable
work and I don't know that we can do anything more than that.
Tom Schwartz, Esq.: Mr. Mayor, my name is Tom Schwartz. I'm general counsel
of the foreign trade zone here in Dade County, and I'm here today in my
capacity as chairman of the finance committee of the Florida Film and
Recording Institute. What I want to say today is, that today is a golden
opportunity for this Commission to indicate that it wants to be the global co-
production center of the world. There are some trends that are happening
today that bring this industry to Miami, independent production...
Mayor Suarez: You know, Tom, today is a golden opportunity for another thing
that I meant to ask. Because about four months ago, we met or five or six
months ago we met with the Greater Miami Chamber of Commerce and some of the
members of your board, I believe, I guess, in the free trade zone.
Mr. Plummer: Oh, you mean the Chamber of Commerce downtown that never comes
up with a damn dime to fund anything in this community.
Mayor Suarez: Yes, and in
this case, we weren't
even looking for money. We
were looking for support or at least an answer
as to whether there would be
support for the concept of
a free trade zone
to be located in the City of
Miami, specifically in the Wynwood area. I
have yet to hear back from
anybody. I mean, does your
organization or the
Chamber of Commerce feel that
all of that was an exercise that we just went
through and that we weren't
expecting some kind of an
answer, if you have
an answer for that. If not
#'
today, I'd appreciate it at
some point, Tom.
Mr. Schwartz: Mr. Mayor,
I believe that I'm here today to discuss another
item.
Mayor Suarez: I'm sorry,
maybe that's not
within your purview of your
engagement by the zone.
In fact, I have a feeling that the zone wan
represented in that meeting by special counsel,
I guess, by Lee Sandler,
maybe.
Mr. Schwartz: They're counsel to the chamber, Mr. Mayor.
Mayor Suarez: Oh, OK, well, if you might convey that to them. I'd like to
' know, you know, have an answer to that meeting because I've never gotten an
answer back.
180July 13194,9'
Mr. Schwartz: I certainly will, but I would ask for your support with respect
to this particular conference in co -productions, sir. Because I think that
the ultimate beneficiary is the citizens of the City of Miami. We're talking
about the fact that 10,000 people already work in this industry in the City.
We're talking about the fact that there are $87 billion dollars worth of funds
in the City that can be utilized for global co -productions. This is the
international information transfer point. We tie Europe, the United States,
Asia, together with Latin America.
Mayor Suarez: I guess because of that is why we feel that maybe this would
happen naturally with economic - with resources from the private sector. But,
anyhow, we're going to try to find something from the City. I don't know how
we can characterize it, I don't know what we can bring it under, I don't know
what we can afford. But we have not closed the door on the possibility and
your arguments are well taken.
Mr. Schwartz: I can only say that for the investment, it would pay a
tremendous return.
Mayor Suarez: Very good point. We're about to get ready to have one of our
members be - replace Commissioner Plummer on the Beacon Council, and the Vice
Mayor, who is volunteering for that task now mentions, what about the Beacon
Council, what about that, Tom, or Manuel?
Mr. Lasaga: We've been in touch with them and working towards this...
Mayor Suarez: This is a classic Beacon Council item.
Mr. Lasaga: ... and we are working and have been in touch with them. And
certainly have not left them out at all in this process. But we're very
thankful for the recommendation that you look into the possibi.lity...
Mayor Suarez: Absolutely.
Mr. Lasaga: ... and we will meet with the City Manager's office....
Mr. De Yurre: I think, you know, something that is going to be significant,
at least as far as I'm concerned, and listening to J. L. the way he's
expressed himself is, you know, how much money is the county going to put in,
how much money is Miami Beach, which certainly benefits from it, from the, you
know, production industry, how much are they going to be kicking in and
certainly we're going to be looking at that and use it as a gauge to determine
how much we're going to put in.
Mr. Lasaga: Certainly. No, we are, as Toby Ross mentioned, the county is
targeting also the thirty thousand and the state has mentioned the ten
thousand guaranteed. At least that's the impression they have given us and
there's a possibility for more, but we will keep you informed as soon as we
get a confirmation of those monies.
Mr. De Yurre: And I'd like to have, also, a breakdown of what you're going to
spend it on. Is it like, you know, party or is it information or, you know,
what's the money going to be spent on?
Mr. Lasaga: We do have a budget and Nora has a very detailed budget on that
and as Nora mentioned, most of these monies would be used, such as the City's
monies to bring the key people worldwide in the industry here to Miami. There
are a number of events, such as lunches or receptions or parties, that we will
be in touch with the private sector and get them to sponsor those events so
that the public's money, the City of Miami's money, would be going towards
bringing the people to the conference, the key people, and the marketing
efforts that we need to develop as far as the conference is concerned. We
have kept this budget as tight as possible because we are convinced that with
the amounts that we have allocated, we can bring a lot of benefits to the
City, primarily because of the financial connection that we have here, the
emergency of the industry and the potential for Miami and we will work very
closely in the next few days with you to give you the additional information
that you have asked and, hopefully, we look forward to your support in -kind as
well as financial. We think that this could be a big step for Miami. Thank
you.
1$1
;Tiny
13,
1989
11
Mayor Suarez: OK, thank you for your praeentations...
Mr. Ross Thank you, Mr. Mayor.
Mayor Suarez: ... and let's see if we can get some...
Mr. Ross: I hope that you will look favorably upon it because I have to toll
you, with the leadership position that the City of Orlando is taking, they►
would love to see this conference move to Orlando and the City of Miami would
be a loser.
Mayor Suarez: And what intrigues me and, I'm sure, all of us, is whether
whatever we're spending on the film festival, it has the kind of multiplier
effect and what you're proposing in this case, it...
Mr. Dawkins: I would have to take your last words with tongue in cheek...
Mr. Rossi It was, a little.
Mr. Dawkins: ... because if it's that great and the State of Florida has only
given $10,000, I couldn't care much about the State of Florida.
Mr. Ross: Well, the reason...
Mr. Dawkins: ... see, if the State of Florida - if it was that great, the
State of Florida should be matching what everybody else is giving and that's
gust my personal opinion. OK?
Mr. Ross: No, sir, the reason it's in the City of Miami because the whole
germ of the idea...
Mr. Dawkins: But the City of Miami's in the State of Florida.
Mr. Ross: No, I'm saying the reason that it's here and that we're before you
is because the whole inception, the whole idea of this conference was born
within Nora Swan's brain. She's the one who came up with it.
Mr. Dawkins: That's why the Governor ought to give more than $10,000. You're
right, I don't have no problems with that. I still say the Governor needs to
give more than $10,000 in cash.
Mr. Ross: Oh, I agree.
Mr. Dawkins: Not in cash - not in -kind, in cash.
Mr. Ross: Oh, I agree, they should give a hundred thousand.
Mayor Suarez: Out of that $23 billion dollar state budget.
Let's see what we can arrive at on this matter.
Ms. Hirai: Mr, Mayor...
Thank you all.
Mayor Suarez: Did you want to make an announcement, Mr. Vice Mayor, on the
4400?
Ms. Hirai: Excuse me. Do we call the roll on the motion?
Mayor Suarez: I didn't think you have a motion.
Ms. Hirai: To refer it to the City Manager.
Mayor Suarez: It doesn't need a motion.
DISCUSSION ;;
a
53. DISCUSS AND DEFER CONSIDERATION OF ON -GOING NEGOTIATIONS FOR PROPOSED
LEASE/PURCHASE OF 4400 BISCAYNE BOULEVARD BUILDING (new AdminittrAtion
building).
Mr. De Yurre: Yes, Mr. Mayor, it was announced, I guess we'll announce it now
officially, but Ms. Range wanted to defer item number 59 which is the issue of
the 4400 Building till the meeting of the 27th of July. And if you can state
the reasons why, that'll be fine.
Ms. Range: I'm a it surprised that this was not widely circulated. I gave
the information of my wanting to defer the item to the City Manager on Monday
morning in order to attempt to have as many persons as possible know. I think
an item as important as the 4400 Building certainly deserves the full
attention of mine. I was not in a position, and still am not, to fully peruse
the matter sufficiently in order to make an intelligent vote. And I, for one,
if there are those among you who did not know of it, then I, for one, would
apologize, but I did put forth an effort to have you know that is why I gave
the information to the City Manager's office on Monday and did ask him to see
to it that as many persons as possible would be made aware. A Mrs.... one of
the ladies who came to my office to see me a few days ago - would that have
been you, madam?
Ms. Judy Clark: Yes.
Ms. Range: I attempted to return your call on yesterday, I believe it was or
the day before...
Ms. Clark: Yes, it was yesterday...
Ms. Range: ... and I did return the call because I wanted everyone, as nearly
as possible, to know my reasons for the deferral.
Ms. Clark: Well, excuse me a second. Thank you for that, Commissioner Range.
As you know, we... Judy Clark, Belle Meade Island. As you know, we had quite
a large group of people that have devoted, committed, to this particular
project, and, in fact, Commissioner Range, one of the things that I was
impressed with when we met with you the other day in our preliminary meeting
was one of the things that you said which is that you always like to go to the
site. And we tried very hard to make those arrangements with you at your
convenience, at any time after that...
Ms. Range: That's correct.
Ms. Clark: ... that's been over a week ago.
Ms. Range: And I would still like to do that. I trust that you can
appreciate the fact that I came into this office very unexpectedly. And I,
too, am a business person.
Ms. Clark: We understand that it does take a little while to get this
information. However...
Ms. Range: Yes.
Ms. Clark: ... if there was anything that we could have done, we certainly
would have done it in this fully over a week since we first originally met.
Ms. Ranges Yes.
Ms. Clark: There was any number of - any consideration that would have been
given to you, we have tried to accommodate you with that.
Ms. Range: I understand that and I'm sure you would not want me to sit here
and attempt to make a decision without knowing all of the facts.
Ms. Clarks Well, there's quite...
1 9 July 1 , 1969`
V, f
Ma. Range: I am as interested in your side of the matter as I am in anyone
elses, and I still say that I feel my time is not sufficient up to this point.
Ms. Clark: We are not here to argue the point with you, Commissioner Range.
You have every right to wait until you feel like you have got that
information. What I feel that we would like to tell you is how committed we
remain. There are a number of people here that would at least like to mention
to you hove fully committed we remain. Not just simply somewhat, but totally
and completely.
Ms. Range: Surely.
Ms. Clark: And our entire neighborhood is committed to this. We have been
for quite some time. We don't intend to let up on it now. There's never been
any dissension within our ranks about whether we would or would not continue
with this commitment.
Ms. Range: Surely, well...
Ms. Clark: So there are a few people that would at least like to speak to you
and to the Mayor and to the rest of the Commissioners, if we may take a
moment.
Ms. Range: That would be up to the Mayor. I would not want to be forced into
making a decision this evening and certainly it would be the Mayor's
prerogative if he decides to hear the issue.
Ms. Clark: Well, since you did ask for that defer... you asked for a
deferment this morning and I understand that have you all voted on that
deferment? Am I to understand that you have?
Mayor Suarez: No, out of courtesy - I don't believe we took a vote out of
courtesy to those that expected the matter to be heard at 5:00 p.m.
Ms. Clark: May a few of us speak to you on this particular issue before you
take a vote?
Mayor Suarez: Only on the motion to defer at this point. That is what's on
the floor and, by the way, don't be repetitive. If you say a few of you, I
would rule, unless the Commission wants to - yes, that did you have a
spokesperson, and maybe two spokespersons, and maybe express, you know, two
aspects of this. Believe me, Judy, we've heard about this item probably as
much as any item that I'm familiar with in the tenure that I've had here.
Ms. Clark: Well, in the last fifteen years, Mayor...
Mayor Suarez: ... I've met with counsel for the owner of the building, I
think twice now, since the last Commission meeting and have, otherwise, talked
on the phone with quite a few representatives. I didn't get a chance to call
you back. I think you called yesterday, but I've talked to Pat Skubish and
Mike Koznitsky quite a few times with Mike...
Ms. Clark: Well, if you will indulge us...
Mayor Suarez: ...including since the last Commission meeting. So we - I'm
not saying how we're going to vote, you know because...
Ms. Clark: I know. If you would indulge us just for a moment, we...
Mayor Suarez: ...since the last Commission meeting we've also had a...
Ms. Clark: Our request would be that if you feel that you must have this
delay, our request would be that it would be no more than two weeks. Surely,
Commissioner Range, if there's anything, any information that we can get for
you or any information that's available, we'll see that you get. And in two
weeks, on such an issue as this, we feel... can you hold on one moment, I
think there's a couple of other people that want to talk to you too.
Mayor Suarez: Before we even decide that, let me tell you, and sort of by way
of a warning, the time, I feel, for myself and I guess you can judge
otherwise. I think time is on your side. I think the idea that you're going
to press us into making a decision and I've had this discussion with Mike
104 July 1.3, 1989
before and some of the others, is an incorrect idea. I mean, we have, since
the last Commission meeting, we've got input of two appraisers that apparently
are quite far away from the figure that we discussed as being one for an
option price so, at least for myself and Commissioner De Yurre's, I know,
looking at some and has some official capacity from the Commission to
negotiate, but, from my standpoint, I'm looking at other kinds of ways in
which our presence in that building might still be feasible other than an
option, I mean, other than a purchase, just in case this Commission can never
reach an agreement with the owners of the building as to buying it, and we
need time for that. We six months ago were thinking of building our own
building, we still need to know exactly what properties are available in case
we decide to go back to that option. We have gone through looking at a
another building that had all kinds of interesting possibilities. We very
much liked the idea, I think a lot of us liked the idea of trying to be as
close to a Metrorail, Metromover linkage. We have other projects of the City
that might, as a side component, have space that might solve some of our needs
and at a lot less expensive - in a lot less expensive manner, so there's many,
many things on the table and, frankly, when we're trying to negotiate with one
individual to see what kind of terms we can get in case we want to go that
route, it doesn't help us to have pressure as to acting, because it's like we
either reach a conclusion or we run out of time when we really would like to
have more time because we figure that, again, time is on our side, but... And
on your side, if you support this particular building.
Ms. Clark: Well, one of the problems with that amount of time is that in the
interim, since the last two delays that we've had on this, we've heard that
there have been other projects and proposals coming in. I'm sure there always
will be.
Mayor Suarez: Oh, yes, and, oh, I'm sorry, that's another very important
point...
Ms. Clark: Well, that's a problem for us too.
Mayor Suarez: ... from the viewpoint of us as caretakers of the City's
finances, we want to know about all of those proposals and we want to evaluate
them. This is sort of like an informal RFP what we're going through. We've
got - Mr. Manager, I don't know, we must have had at least ten offers.
Mr. Odio: Five.
Mayor Suarez: Five offers. Five, in writing. I think a few more verbally
and, you know, we're going through a process of looking at a lot of options
and we haven't formally decided to do it that way, but, informally, we're sort
of doing that.
Ms. Clark: Well, Mayor Suarez, if you would, please. At least allow Dr. Macy
Sesson, who is on the board of directors of our Chamber of Commerce, who has
also been instrumental in helping us with this. If you would, at least, let
him say a few words to you.
Mayor Suarez: Surely.
Mr. De Yurre: And before he says those words, have...
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: ... have those proposals been circulated around because I don't
know if I've seen any of that?
Mr. Odio: I believe I sent them around, but if you haven't seen them, I will
make sure you get copies of...
Mr. De Yurre: Because that certainly helps me in my negotiating posture.
Mr. Odio: Yes.
Mayor Suarez: And, yes, and do it in a formal manner, please, Mr. Manager.
Mr. Odio: I will do it,
1�� July 13, 1989
parameters...
Mr. Odio: OR.
Mayor Suarez: ... so that we can compare apples to apples and oranges to
oranges.
Mr. Odio: I did send you a memo with the first two proposals I got in writifig
It i
I4 which was from the Bush Klein, the World Trade Center Building and also a
a comparison to the offer we have from General Development Corporation on their
- building on Brickell Avenue which was no rent for five years.
Mr. De Yurre: OR, well if you can get all of that...
Mr. Odio: I have that in writing.
Mr. De Yurres ...package it and get it to me, I'd appreciate it.
Mr. Odio: You have it in your office, but I'll be glad to...
Mayor Suarez: Package it in a way that we can compare some of the
possibilities, sir. Doctor.
Dr. Macy Season: Mr. Mayor, ladies and gentlemen of the Commission, I'm Dr.
Macy Season, from the Biscayne Eye and Medical Center, 8024-31 Biscayne
Boulevard. I am a member of the board of directors of the Greater Biscayne
Boulevard Chamber of Commerce. I have practiced at 80th and Biscayne
Boulevard since 1959. I own property there since 1963. Now, the reason that
I wanted to speak to you today, even if you are delaying your deliberations,
is because you have been given some erroneous information. The morning paper
has reported that this Chamber of Commerce has had a change of heart about
this matter. Now, I am a member of the board of directors. The board of
directors has taken no action on this. We still are very much in favor of
this. We ask you to consider it with all due speed and to vote to move the
offices of the City by lease or by acquisition to the 4400 Building.
Mayor Suarez: Anything further, Commissioners? -on the motion to defer?
Mr. De Yurre: Mr. Mayor, I'll just move it and defer this item to the meeting
of July 27th.
Mayor Suarez: So moved.
Mr. De Yurre: And maybe we can just set a time certain because I'm sure a lot
of people are going to be interested on the item. When are we scheduled to
meet, in the afternoon or ...?
Mayor Suarez: When are the...
Mr. Odio: Well, the way we're going with regular Commission items being
deferred to July 27th, I think we'll have to be here all day so... I would
suggest I can set it at 5:00...
Mayor Suarez; When is the discussion of the Charter Review?
Mr. Odio: Today.
Mr. Fernandez: No, no, also the...
s"
Mayor Suarez: No, on the 27th. What time of the day?
Mr. Odio: Oh, also... What time do you have it?
Mr. Fernandez: Also, the 27th I don't think that you made it a...
Mayor Suaret: l could have sworn that we specified what time we were going to
have it. One was going to be in the evening and the other one in the morning,
It I don't remember... if I remember correctly.
Mr. Odlot I think you did.:.
Mr. De Yurre: The other one was in the morning, no, 9:00 o'clock
Mayor Suarez: Yes, the other one was supposed to be in the morning at 9:00
o'clock. I'm glad that everybody's on their toes over there. Well, what i
can suggest is, then 6:00 p.m.?
Mr. De Yurre: OK, then that'll be my motion. Defer it to 6:00 p.m., July
27th.
Mayor Suarez: OK. So moved; 27th the next Commission meeting.
Mr. Plummert Second.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
Mr. Plummer: Mr. Mayor...
Mayor Suarez: Yes.
Mr. Plummer: ...for the record, I'm once again going to state to the people
of, the representatives or who ever is representing the owners, I want the
owner here. I don't want to deal with in between people. I want the man who
can make the final decisions.
Ms. Pat Skubish: May I speak to that?
Mr. Plummer: OK?
Mayor Suarez: Or his attorney with authorization.
Ms. Skubish: All right, go ahead.
Mr. Plummer: No, no, no. I want the man who... not the attorney he's got to
turn to. I want to deal with the man who owns the building. If it's the
attorney can make final decisions...
Mayor Suarez: Yes, that's what I said, the attorney with authorization.
Mr. Plummer: That's fine. I want to deal with the individuals who can make
the final decision right here before this Commission. I don't want third
parties.
Mayor Suarez: Although what he's saying might behoove, counselor, that you
bring the actual owner.
Me. Skubish: Where is Pedro?
Mayor Suarez: It sounds like he's going to view it more favorably and then I
think it makes a lot of sense to see the person in the flesh.
Mr. Plummert Not his son. Not his lawyer. Not his real estate agent. I
want the man who makes the final decision to come here to this Commission.
Ms. Skubish: Just one second. OR, please, Mr. Mayor?
Mayor Suarez: You got one second, Pat.
Ms. Skubish: Mayor. Mr. Mayor, members of the Commission, City Manager. My
name is Pat Skubish. I own property at 632 N.E. 76th Street. I also am a
consultant to Mr. Lawrence Radish. He sometimes takes my advice and sometimes
he doesn't. I just want you to be aware that I am going to recommend to him
tonight to withdraw his proposal for the 4400 Building to the City of Miami.
People do not know about Lawrence Kadish, OK? His name has just been badgered
around in the press. At this City Commission, I mean, people just don't
understand about this man. This man is probably one of the most generous men.
He's a first class man with first class property and he's not getting a first
class deal. And I...
Mr. Plummer: Weil...
Ms. Skubish: Mr. Plummer, I've always listened to you, Mr. Plummer, OK? And
just let me finish. My recommendation to Mr. Radish tonight, when I call him
in New York, will be to withdraw his proposal. That building over there is
first class, OK? Nothing else. He doesn't have to take my recommendation, I
just want you to understand my role in this, because sometimes I hear, "Well,
Pat Skubish is organizing all this." Pat Skubish has her role, P.S.
Consultants. I own the company. My Radish is my client, that's on record.
And he's one of the best clients a person could ever have and he's one of the
nicest men. And I will do whatever Mr. Radish wants. Now, you say you want
him here, Mr. Plummer. Is that right? In two weeks, is that right?
Mr. Plummer: Whenever we're going to discuss this matter.
Ms. Skubish: Is that right, in two weeks?
Mr. Plummer: In this matter, it's going to be discussed in two weeks and
decided, that's correct.
Ms. Skubish: OR, thank you very much.
Mr. Plummer: And, Pat, he might be the nicest guy in the world. I want to
give him the opportunity to meet me. Because at this particular point, I've
never met the man.
Ms. Skubish: Nicest guy in the world and I think you'll like him.
Mr. Plummer. That's fine.
Ms. Skubish: I don't know whether he'll like you too much, but that's all
right.
Mr. Plummer: That's his problem.
Ms. Skubish: OK.
Mr. Plummer: But he doesn't have to have a telephone...
Ms. Skubish: Plummer, we've been around together, you and I, for 25 years.
Let's not ruin a good friendship. I'm going to have my body buried with you
and that alone should cost a fortune.
Mayor Suarez: The friendship between yourself and the Commissioner is not the
topic of discussion and neither is your recommendations to your client,
frankly, Pat. That's between you and your client. He's not withdrawing,
apparently his interest in this just because you might recommend it.
T Mr. Plummer: Pat, I'd like to thank you for allowing me not to have to vote,
I just got a conflict of interest.
Mayor Suarez: Call the roll on the motion to defer.
ON MOTION DULY MADE BY VICE MAYOR D8 YURRE AND SECONDED BY
COMMISSIONER PLUMMER THE MATTER OF THE 4400 BISCAYNE BOULEVARD
BUILDING WAS DEFERRED TO THE CITY COMMISSION MEETING OF JULY 27,
t989, AT 6:00 P.M. BY THE FOLLOWING VOTE:
'r 188 July 13, 1969
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NtOIES. None.
ABSENT: None.
DISCUSSION
54. AUTHORIZE INCREASE IN CONTRACT WITH M. VILA AND ASSOCIATES, INC. - for
construction of Southeast Overtown/Park West Paving Project -Phase I -
Ratify Manager's finding that increase resulted from emergency
circumstances.
Mayor Suarez: Item 34. Let's go quickly through these, please. We've got...
Mr. De Yurre: Thank you.
Mayor Suarez: ...people who have been waiting all day. Mr. Manager, thirty-
four, authorizing an increase in the contract in the City of Miami and M. Vila
and Associates for the construction of Southeast Overtown Park/West paving
project.
Mr. Odio: This is... we had to on the Overtown Park/West paving project,
phase one, we had to find we needed to remove and dispose certain concrete
road bases and extra concrete surface we had to replace and we had
an overrun.
Mayor Suarez: I'll entertain a motion on this item unless any Commissioner
has further clarifications needed.
Mr. Plummer: Let me ask. Is this the firm, this M. Vila that sued the City?
Mr. Odio: I don't know, sir. I don't remember it.
Mr. Luis Prieto: I don't believe so, air.
Mr. Jorge Fernandez: I don't recall of a suit by this company against the
City.
Mr. Plummer: OK, maybe it's the next one on the agenda. The...
Mr. Odio: Danville-Fitdorff.
Mr. Fernandez: Findorff.
Mayor Suarez: Danville-Findorff.
Mr. Plummer: Yes, they sued the City, didn't they?
Mr. Fernandez: Yes. We're in litigation with them. -
Mr. Prieto: Yes, that's correct, that's correct.
Mr. Odio: Yes, that's true. We are...
Mayor Suarez; OK, on 34, who did not sue the City, I'll entertain a motion•
Mr. Fernandez: This is a public hearing, Mr. Mayor.
LA
14 r. Plutwort So toova.
Mt. Dawkinst Second.
Mayor Suarez: Any discubaiont if tote call the toll.
The following resolution vas introduced by Conic issioner Pluft6 r, Who
moved its adoption:
RESOLUTION NO. 89-656
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $48,496.74 IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA AND M. VILA & ASSOCIATES, INC.,
DATED OCTOBER 28, 1987 FOR THE CONSTRUCTION OF S.E.
OVERTOWN/PARK WEST PAVING PROJECT - PRASE IN CIP
PROJECT NO. 341105, SAID FUNDS TO BE PROVIDED FROM THE
CAPITAL IMPROVEMENTS ORDINANCE NO. 10521, WITH FUNDS
ALREADY ALLOCATED TO THE PROJECT; FURTHER RATIFYING
THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN
INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION, AND ADOPTING THE FINDINGS AND
CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: None.
ABSENT: Vice Mayor Victor De Yurre.
Mayor Suarez: We've never had such an eager director of a department so eager
to testify as Dr. Prieto. I think he sets all the records.
------------------------------------------------------------- ----------- -
55. AUTHORIZE INCREASE IN CONTRACT WITH DANVILLE-FINDORFF, INC. - for
construction of Bayfront Park Redevelopment Phase III - Ratify Manager's
a
finding that increase resulted from emergency circumstances.
.i —.._---------------------------------------------------------------------------
Mayor Suarez: Item thirty-five. Now this...
Mr. Odio: We had, after most of the work was completed, we had to comply with _
the handicapped ramps and as mandated by federal standards, Mr. Mayor, we had
;. no choice but to go into this.
Mr. Dawkins: Much to my regret, move
,.. Mayor Suarez: Moved. Commissioner Dawkins.
r
"Arbt tAtatets
Test they pt6test*d a bid that they Verb Lett +but nt eft
✓dig4u811r16d tt6b. bid they sue?
Mr. L*61 Not
to the best of my khbV16dSe j Maydtz
Mayor Suareits
Commissioner, if they didn't sue, I think it's...
Mr. Plummer:
OK,
Mayor Suarers
...they have every right to protest.
Mr. Plummers
I just remembered the name, that's all..
Mayor Suarers
For that matter, I suppose they have every right to sue, but..
-
Mr. Plummer:
OK.
Mayor Suarez:
...but we also have every right not to pay thaw.
Mr. Plummer:
That's right.
Mayor Suarers
OK, item 35 we have a motion. Do we have a second?
Mr. Dawkins:
Second.
Mayor Suarers
You're very helpful today, Commiesioner Dawkins, but the one
thing I cannot do is take the motion and a second from the same Commissioner,
so although I
appreciate your trying...
'
Mr. Plummer:
I'll take the other side of the coin.
#;-
Mayor Suarez:
Thank you. Call the roll, thirty-five, thirty-four rather -
thirty-five rather.
- The following resolution was introduced by Commissioner Dawkins, who
;`. moved its adoption:
RESOLUTION NO. 89-657
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $180,000.00 IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA AND DANVILLE-FINDORFF, INC., DATED
F JUNE 19, 1987 FOR THE CONSTRUCTION OF BAYFRONT PARK
.i REDEVELOPMENT PH. III CIP PROJECT NO. 331302, SAID
FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENTS
ORDINANCE NO. 10521, WITH FUNDS ALREADY ALLOCATED TO
THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S
WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM
«; EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF
FOUR-FIFTHS OF THE MEMBERS OF THE CITY COMMISSION, AND
=Y2 ADOPTING THE FINDINGS AND CONCLUSIONS SET FORTH IN THE
PREAMBLE OF THIS RESOLUTION.
(Here follows body of resolution, omitted here and on -
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
dad' -adopted by the following vote:
�4
AYRStCommissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
xi i r�
Commissioner Miller Dawkins10
Xavier L. Suarez
Mayor
ft
IAMB s None . {gfi,
... ., gffl
e* r`
ASMW i Vice Mayor Victor De Yurrs k���tt� ;v t
. is t r r n �r .�` xw � t � �• � �4L� x' t r �: �
twwy`'+.'$+5' ri ' ' "'i'+t'''�-ai�:�`SK
n7a w1 J'^O.^��Wtvr
. 3 •M� •i .+, : '.� r� ,.:';` .2 ...�. <r 9 r "Y 4 [t'rfn.cYry':a°�3'"3+-
— ai • � a' *? � i� rz'it' d I�"'� � �
n '�. 1 ',A
- • 1��� r - ` � x* Suer -•r` +� F.•-��rys' �-„� i r•��'
v
of t d• 7 v ?. x � 3.0 �,1y�[ i ,F'�'e-f2
'A
56. AUTHORIZE ISSUANCE OF R.F.P. FOR UNIFIED DEVELOPMENT OF A MIXEI)-USE
COMMERCIAL PROJECT on City -owned property located within the Civic
Center area at 1145 N.W. llth Street ("Municipal Justice $uilding") =
Select certified public accounting firm - Appoint review committee.
=--------------------------------------------------------------------
Mayor Suarez: Item thirty=six.
Mr. Odio: This is the property, Mr. Mayor, 1145 N.W. 11th Street.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Plummer: What, in effect is - I second - what is this, in effect, doing?
Mr. Odio: This is authorizing us to issue an RFP for the unified development
of a mixed use commercial project.
Mr. Plummer: Is this Commission going to approve the RFP?
Mr. Odio: Yes.
Me. Arleen Weintraub: Yes. At this time it's attached.
Mr. Odio: At this time.
Ms. Weintraub: You have the draft form. We're also...
Mr. Plummer: I ask that it be deferred, I haven't had the opportunity to read
it and I'd like to see...
Mr. Dawkins: I withdraw my motion.
Mr. Plummer: I'd like to see...all right, let me do this.
Mr. Odio: Can I do this? OK.
Mr. Plummer: Let me do this. I'll second the motion for approval...
Mr. Odio: OK.
Mr. Plummer: ... based on 72 hours, 3 working days, if I don't object or any
other member of the Commission doesn't object...
Mr. Odio: Fine.
Mr. Plummer: ... it is then approved and can go forward.
Mr. Odio: Right, you're also...
¢'
Mayor Suarez: Do you accept that?
Mr. Odio: ...choosing the committee that's
g going to review the
'
proposals.
Mayor Suarez: Do we have to do that today?
~�T
Mr. Odio: It's part of this ordinance. Yes, you have to.
f
Mr. Plummer: Who is the committee?
=
Mr. Odio: It's Jose Alvarado, Chief Executive Officers of
AIBC Financial
g,
Corporation; Roger Morant, Consultant, Real Estate Finance
Banking; Craig
Stark, AIA, Craig Stark Associates; Pat Stoker, a member of
Spring Garden
Civic Associations and...
Mayor Suarez: Which is the association in the general vicinity?
Mr. Odio; In the immediate area.
-
, „
19
+ ►
,`
y-'
i
0
Me. Weihtraubt Yee.
Mr. bawkinat Wait a minute. t think You lbet tub. This is thirty-sixt
Mr. Odio: Yes, air.
Me. Weintraub: Right.
Mr. Odio: And who were the committee?
Mr. Odio: Mr. Alverado from the AIBC Financial Corporation; Roger Migrant,
Consultant, Real Estate Finance Banking; Craig Stark and Pat Stoker.
Mr. Plummer: Is that the total board?
Mr. Odio: That's the total from the public, then you have Wally bee,
Assistant City Manager; Adrienne Macbeth from the minority women in business
affairs and Elbert Waters...
Mr. Dawkins: No way.
Mr. Odio: ...the Planning Department.
Mr. Dawkins: I will not support that.
Mr. Odio: Well, fine, do you want to supply some names?
Mr. Dawkins: That's what I'm doing, what I want to. Yes, I got no problem
with that.
Mr. Odio: Yes, air.
Mr. Dawkinst I'm doing just what I want to do.
Mr. Odio: No, give me some names.
Mr. Plummer: Who?
Mr. Dawkins: You know, we keep recycling the same people on these evaluation _
committees. I mean, the same people get there every time; recycle the same
people. You got more people in your department that you can use.
Mr. Plummer: Adrienne Macbeth has been on almost everyone of them.
Mr. Odio: I wanted Adrienne. The only one exception here is Adrienne,
Commissioner, you're right that we put it on here because I wanted to make
sure that we're getting the minority participation that we require and that
we're ordering.
Mr. Dawkins: All you have to do, sir, is refer it to her after everybody also
has made a decision before you act on it.
Mr. Odio: Fine.
Mr. Dawkins: She don't have to be on this committee in order to accomplish
what you want done.
Mr.
Odio: Fine, I'll appoint someone else...
Mr.
Dawkins: OK.
-
Mr.
Odio: ...if you have an objection with that.
Mayor
Suarez: OK, with that...
Mr.
Dawkins: Understand what I'm saying?.
s _ r
r _
Mr.
Odio: Yes, sir.
Xr.
Dawkins: Sae, all we have to. do is get this,
you agd.then you and ui.
no
now she show you say well thin, this, this or
this isn't. .Well, sho'd�►�t
have to be put Ott every One of thecae.
E
r
Mayor Suarett: Might.
Mr. Dawkins: In thy opinion, that i.e.
Mr. Odio: Well, i wanted to assure that we get the minority...
Mayor Suarez: We know the reason.
Mr. Odio: OK. We'll get some...
Mayor Suarez: Thank you. With that modification to be filled in by the
Manager, and why don't you consult the Commissioner on that, please. Still
keep your motion with that proviso?
Mr. Dawkins: Um hum, yes.
Mr. Odio: We're also...
Mayor Suarez: And we still have a second?
Mr. Dawkins: What else you need, Mr. Manager?
Mr. Odio: You're also in this ordinance - in this resolution approving the
recommended CPA firm which is Arthur Young in association with Jordan Abela
and Company. This firm was ranked number one out of a total of four
submissions.
Mr. Plummer: They have a local office in the City of Miami?
Mr. Odio: Yes, sir.
Mayor Suarez: OK.
Mr. Dawkins: Do we have Tompkins on any of these short lists? Ron Tompkins,
accountant?
Ms. Weintraub: He has been in the past, Commissioner.
Mr. Dawkins: Do you have him on there now, n-o-w?
Ms. Weintraub: He's not on this project, no, air.
Mr. Dawkins: OK.
Mayor Suarez: But he is still in our shore? list? Is he still one of....
Mr. Odio: I'm going to replace Adrienne Macbeth with Jeff Watson.
Mr. Dawkins: That's worse.
Mr. Odio: I know, but, you know.
Mr. Dawkins: But that's the best we can do?
Mr. Plummer:
No way! No way!
Mr. Dawkins:
OK. OK. OK. Good, no problem. Um hum.
is
Mayor Suarez:
OK...
Mr. Dawkins:
OK, you know, you see, we've got Sharpton and Brunson
off the
t;
ground, OK?
I
Mr. Plummer:
Boy, have wel
�0,
.
Mr. Dawkins:
OK? Now, there are other accountants
who Head to get
off the
i
ground, see.
So now, I want you to think of that in
terms of when you mart
z
,+
`
bringing these
to roe that they show up, please.
;z
Mr, Odio: Oh,
I agree with you.
ri
St. baftihis Thahk you. lio fufther 41ttubbift:
Mayor Buirot: Cali tha to!!.
The following resolution *60 ititt-oduced by Comiseiotier Dawt1hil, 'Who
fooVed it* ad6pt iah:
RESOLUTION NO. 89=658
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) ON AUGUST 1,
1980, IN SUBSTANTIALLY THE FORM ATTACHED, FOR THE
UNIFIED DEVELOPMENT OF A MIXED -USE COMMERCIAL PROJECT,
ON CITY -OWNED PROPERTY LOCATED WITHIN THE CIVIC CENTER
AREA AT 1145 N.W. it STREET, MORE COMMONLY KNOWN AS
THE "MUNICIPAL JUSTICE BUILDING PROPERTY"; SELECTING A
CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING
MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS
AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY
THE CITY CHARTER AND CODE.
(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
NOBS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I'm going to vote "yes", but once again, as I've told you
privately, Mr. Manager, and I'm going to spread it on the record. I think
this is not the ideal way to proceed with this property. I would have much
preferred to sell it and I guess we'll see what we get out of this UDP process
with all of it's...
Mr. Plummer: We might still do that.
Mayor Suarez: ...complexity. Yes, I know, I know, but a year and a half
later instead of just putting it on the market flat out as I think we should
have. And I know your concerns about a correctional facility or jail being
placed there. I don't think those are sufficiently.... I just want to try
this because I've given up.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Si. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION
RATIFYING MANAGER'S FINDING OF EMERGENCY REGARDING PROCUREMENT OF
SECURITY SERVICES FROM MINORITY INVESTIGATIONS AND SECURITY TEAMS, INC.
AT CARVER BRANCH YMCA (See label 60).
---------------------------------------------------------------------
Mayor Suarez: Item thirty - what is it, thirty-seven?
Mr. Dawkins: Did we call the roll on the vote?
Mayor Suarez: I'm sorry. Yes, I was the last to vote. I voted yes.
Mr. Dawkins: Thank you....
Mayor Suarez: Item thirty-seven, Minority Investigations and Security Teams,
City owned Carver branch, YMCA site. It's an emergency, $37,000.
Ratification of procurement securement - of security services, rather. I'll
entertain a motion on this. Need a four -fifths vote.
Mr. Plummer: How long a period of time is this for?
Mr. Dawkins: It's after the fact.
Mr. Odio: Which one you're talking about, number...
Mr. Plummer: Thirty-seven.
Mr. Odio: This is after the fact, Commissioner. What happened is we...
is Mr. Plummer: How long - how long...
Mayor Suarez: But for how long a period of time after the fact?
(' Mr. Odio: Let me find out.
Mr. Plummer: I mean, was it for 23 months or was it for...
—' Mr. Odio: How long have did we use this service on Carver?
Mr. Herb Bailey: How long did we use the service?
Mr. Plummer: Yes.
fi Mr. Bailey: I don't know the exact number of months, Commissioner, but we had
-' to use them till we sold all of the houses and...
Mr. Plummer: I'd like to know approximately.
Mayor Suarez: Somebody must know what we're paying $37,000 for. How many
months...
Mr. Bailey: Oh, we know, I think it was...
dayor Suarez: How many months was it then?
Jr. Bailey: It was at least six months, minimum.
Jr. Odio: Well, I'll tell you, it was in...
Jr. Bailey: Minimum, six months.
dayor Suarez; That's not the question. The question's not at least how many _
nonths. Can you find that out and we'll table the item. Do you want to table
until they give us....
Mr. Plummer: Yes, I'd like to know what we paid these guys.
Mayor Suarez: Thank you. Let's find that out and give it to the
Commissioner. Otherwise, we can't approve, ratify a contract without kuQving
how many months it was for.
196 July 3, ; 1969
Mr. Odiot Just so you underatand, V* had to hire someone becau a we'd had
vandalism....
Mr. Baileyt We'll give you the item.
Mr. Plu.+tunerr Well, Mr...
Mayor Suarez: He's not questioning the need to have hired somebody. He want*
to know if we're paying a fair amount and he wants to know the number of
months.
Mr. Bailey: May I make a request, could you at least vote on it subject toff
Mayor Suarez: We're just tabling it, please, Herb, get him the information.
We'll vote on it in a few minutes. Item 38.
Mr. Bailey: No, but the office is closed. That's what I'm trying to tell
you; it's 6:00 o'clock.
Mr. Dawkins: Well he's already been paid, so what?
Mr. Bailey: Yes, it's 6:00 o'clock.
Mr. Dawkins: He's already been paid, so what? If we told him for six months,
so what? What difference does it make?
Mayor Suarez: Would you provide the Commissioner with the information he
needs to vote on it? The item is tabled until you do that.
58. CONFIRM ASSESSMENT ROLL - for construction of Fairlawn North Sanitary
Sewer Improvement in Fairlawn North Sanitary Sewer Improvement District
(SR-5491-C - centerline sewers) - Remove pending liens.
Mayor Suarez: Item thirty-eight, confirming assessment roll for construction
of Fairlawn North sanitary sewer improvement and Fairlawn North sanitary sewer
improvement district.
Mr. Plummer: Let the record reflect nobody stepped forward.
Ms. Range: Second.
Mayor Suarez: Moved and seconded. Any further discussion?
Mr. Dawkins: I vote "yes".
Mayor Suarez: If not, call the roll.
The following resolution was introduced
moved its adoption:
I will move it.
by Commissioner Plummer, who
RESOLUTION NO. 89-659
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF FAIRLAWN NORTH SANITARY SEWER
IMPROVEMENT IN FAIRLAWN NORTH SANITARY SEWER
e
IMPROVEMENT DISTRICT SR-5491-C (CENTERLINE SEWERS) AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
R �
r
HEREBY CERTIFIED.
(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 P4150ed sand:
x
adopted by the following votes
F
x.
4p.
— ; ; �i�ra`!� Ciaaiohe� � • �: Piuttr�r� �ti,
Cofthiaaioner M. Athaiie Range
f+6agei+eaiotter Miller DaWkitya
Vitt Mayor Victor be Yurre
Mayor Xavier L. Suaretr
Wyss": None,
ARSs None,
ZEN
f
59. CONFIRM ASSESSMENT ROLL - for construction of Nest 57th Avenue Sanitary
Seger Improvement in West 57th Avenue Sanitary Sewer improvement
' District (SR=5469-C - centerline sewers).
1
11
Mayor Suarezt Item thirty-nine, confirming assessment roll for construction
of West 57th Avenue sanitary sewer improvement. I'll entertain a motion on
F" this. Does anyone wish to be heard on this? Let the record re...
Mr. Plummer: Let the record reflect no one came to speak on the issue, I trove
it.
Ms. Range: Second.
Mr. Odiot Right. Can I go back to the other one?
pis Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
i moved its adoptions
RESOLUTION NO. 89-660
f'` A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
i CONSTRUCTION OF WEST 57 AVENUE SANITARY SEWER -
e IMPROVEMENT IN WEST 57 AVENUE SANITARY SEWER _-
IMPROVEMENT DISTRICT SR-5469-C (CENTERLINE SEWERS) AND
E REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOTr
a HEREBY CERTIFIED.
(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
W: NOES: None.
ABSENT: Commissioner Miller Dawkins
le-
ni
x x
� - f
� y
r
Gm. (Continued Discussion) RATIFY MANAGER'S FINDING OF EMERGENCY REGARDING
PROCUREMENT OF SECURITY SERVICES FROM MINORITY INVESTIGATIONS AND
SECURITY TEAMS, INC. AT CARVER BRANCH YMCA (See label 57).
Imp
s=----------------------------------------------
Mr. Odio: Mr. Mayor, the security firm was hired in July, right after we had
to take over the property of 87 so we...
Mayor Suarez: Is that what the $37,000 covers?
Mr. Odio: Yes.
Mayor Suarez: From July of eighty...
Mr. Odio: The houses are now sold. I'm sorry, it goes from October of 188
through this last month. When the houses were all sold...
Mayor Suarez: October of 188 through, what, the end of June of 1989, is that
what you're talking about?
Mr. Odio: Yes, sir. And now the houses are all sold; seven of them that we
had to protect. And they were sold to people that had earnings of less than
$23,000 but if we had not protected the...
Mr. Plummer: What you're saying is here, we're ratifying.
Mr. Odio: Yes, sir, because I had to...
Mr. Plummer: Why, after that long a period of time, are you waiting now to
come and ask our permission?
Mr. Odio: Well, I'll have to find out...
Mr. Plummer: In October of '88, you hired them.
Mr. Odio: I'll have to find out why, Commissioner, I...
Mr. Plummer: And in October of 188, it seemed like you would have brought it
before the Commission.
Mr. Odio: And you're right if that's the case. And I have to check why
and...
Mr. Plummer: Well...
Mr. Odio: That's all right, we'll bring it back. Do you want us to bring it
back?
Mr. Plummer: Mr. Mayor, go ahead and... I'll go ahead and move it. You know,
it's ratifying, it's money due and owing, but it just seems like to me as a
matter of procedure...
Mayor Suarez: October...
Mr. Plummer: ... that they would have come before the Commission before a
year later.
Mr.
De Yurre: Well, the thing is, that you could have moved people in there
for
free and we would have saved $37,000 and they could
have kept up the
place.
Mr.
Plummer: Well, they're not spending their money, that's
the difference.
�¢.
Mr.
Odio: You know, Herb, Herb...,
Mr..
Baileys, Yes?
Odio: I just remembered..,
}.
y.�y.�
ee
Q
Mayor Suarez: Mr. Manager.
Mr. Odio: Yes.
Mayor Suarez: Are you saying this is from October or 'SSA.
Mr. Plummer: Yes.
Mayor Suarez: ...until .Tune of '891
Mr. Plummer: Yes.
Mayor Suarez: That's what ten mOnths7 eight, nine months - nine months?
Mr. Plummer: At least ten.
Mr. Odio: Yes, I have something now. I know what happened.
Mayor Suarez: Eight months, $37,000?
Mr. Odio: We tried to do $4,500 contracts.... see, what happened is - Mr.
Mayor, now I remember because I just saw my own handwriting. When we started
doing this, they began to do $4,500 contracts and what I said is no - after a
while... there's the date. Let's bring the whole package to the Commission
for one lump sum approval.
Mayor Suarez: You wanted to do it the kosher way and..,
Mr. Odio: I could have done the $4,500 contracts, but I didn't want to do
that. I just saw my handwriting here sending it back to...
Mr. Plummer: Did this go out to competitive bidding? Obviously, it didn't.
Mr. Odio: It did. We did go.
Mr. Plummer: See, that's where I got the problem.
Mr. Odio: We did go out to competitive bidding.
Mr. Plummer: You did?
Mr. Odio: Yes, air.
Mr. Plummer:
May I see, then, the backup of the competitive bidding.
Mr. Odio: It's here, it's in your package. It's right in your package.
Mr. Plummer: How many firms applied?
Mr. Odio: I believe four.
Mr. Plummer: OK.
Mayor Suarez: Call the roll on the item,
Mr. Odio: And that was the lowest bid.
Ms. Range: I might say on this item, it's in the area where I live and it is
E
an area that one would have expected without protection that project would
have been torn to pieces...
}'fg
Mayor Suarez: The damage would have been a lot more than $37,000.
z k
'
Ms. Range: ...and if the City suffered no loss on that, then I think $37,000
is not too much to pay for that period of time. Because the houses were
x#
finished, the fence was taken down and there was simply no takers because I
spoke with one or two of the Commissioners regarding it. I was very afraid
5tt
that they weren't going to take them. So I think the $37,000 is not an
_
excessive amount under those circumstances.
Plummer: Mrs, Range, my problem is in the fact that they do it and the
RIVMr.
�k
40k us to approve it,
,1
t
4
200 p i pe
s
Y
Ms. Range: I agree.
Mr. Dawkins: I agree with J.L., but also, there's a gentleman who came to us
for a million five float loan and while he was waiting for it, they just went
in there sometime, the earlier part of this month, and ripped off $70,000
worth of copper. The building now is useless because they ripped out $70,000
worth of pre -today cost of copper which will cost $200,000 today to replace.
So had we left these buildings unattended, I mean the Manager, and the
fittings had gotten ripped off, we would blame him and wonder why in the hell
you didn't put somebody there. So, we just have to swallow this one, I think.
Mr. De Yurre: Let me ask something as to the procedure. Why did it take so
long...
Mr. Plummer: Thirty.
Mr. De Yurre: ...to get the people to purchase these properties?
Mayor Suarez: Play store.
Mr. Bailey: As I said earlier, Commissioner, we've learned something about
what we have to do to address your concern about getting affordable housing.
It's not just building the units any more, there's a matter of qualifying and
security is a major problem, especially in some of the inner -City
neighborhoods. We not only just have it in this particular case, but those
now who are getting rehab money, they're coming back in justifying the need to
have security so that the cost of it doesn't go up more than what we've
already estimated it to be. So we had, at one time, thought we had applicants
who were going to be qualified. The bank disqualified them. We have to go
back out and get more applications. Every time we thought we had a house sold
or two houses sold, they were not. So we also had to have some adjustments
made in terms of how we qualify people before we could get them sold. And
every time we did that, we had to secure the building.
Mr. De Yurre: OK, because the thing is that, you know, and if you want to,
you can meet, there's a whole bunch of developers that are friends of ours'
who would be more than willing to sit down and explain to you the way it
works. But, you know, you don't start building until you've got that
commitment that the people are going to move in and then you start doing it.
Mr. Dawkins: Will you recite the incident of the hole? Tell them about the
hole. OK? Go ahead.
Mr. Bailey: Yes, one of our developers, and it's an inexperienced one, he
brought to me - to the office one day, I think a half a box of automatic
bullets that had been fired into the place. We had any number of situations
which we had to make adjustments because of the security. He put up a
fence... to make a long story short, we went $53,000 over the projected cost
because of the added security. If we had not secured the building, we would
never have been able to finish.
Mr. De Yurre: Yes, but are you telling me that the security services that we
implemented was during the construction period or after the houses were
constructed?
Mr. Bailey: You have to do it from the day you start until the day you
finish. The moment you start constructing and you leave, if you don't secure
it, you come back, you have to start over again.
Mr, De Yurre: OK, but... I understand what you're telling me, but my question
is, as far as this project is concerned, did the security service that
October, when they started, was that when the construction started or is that
after the construction was concluded?
Mr. Odio: No, after the construction was finished.
Mr. De Yurre: So, it had nothing to do with the actual construction.
Mr. Bailey: No, no, no, no. That is not true.
Mr. Odio: No?
201
.�y:1:
r
Mr. Saileyt We started securing that property...
Mt, Od io t Oh, OK.
Mt. Galley: ...the day we began to spend money tot material and supplies.
That's when the construction started. We had to secure it from day one to the
last day.
Mr. De Yurre: And when was that?
Mr. Bailey: Starting April the 7th and I'm sorry... started September the
15th, 1988 and we completed 4/7 of 189.
Mr. De Yurre: Are these the... what houses, these are the seven houses that
were built around 50 something?
Mr. Bailey: Seven houses built on the Carver "Y" site in Liberty City, yes.
Mr. De Yurre: Where is that at, 58th or something like that? Is that the
one?
Mr. Bailey: Yes, yes.
Mr. De Yurres And you tell me they were concluded in April?
Mr. Bailey: The last unit...
Mr. De Yurres Uh huh.
Mr. Bailey: ...was sold and people moved in April of 1989.
Mr. De Yurre: OK, that's fine. When were they concluded? When did they
finish the construction? Because I remember going out there when we, you
know, had the...
Mr. Bailey: We finished the construction before we finished selling, you
know, all of the houses.
Mr. De Yurre: My question is, when did the security services start? After
these properties were finished and constructed?
Mr. Bailey: The security service started when we started constructing and it
stopped after we sold the last house.
Mr. De Yurre: When did we start construction?
Mr. Bailey: September the 15th, 1988.
Mr. De Yurre: And when were they finished?
Mr. Bailey: When were the houses finished or when did we sell the last house?
Mr. De Yurre: No, when were they finished?
Mr. Bailey: When what was finished? -the security service or the -
construction?
Mr. De Yurre: The seven houses.
Mr. Baileys April 7th, 189. _
Mr. De Yurre: It couldn't have been April when we were out there, Miller.
When we went out there that the seven houses were finished. That waenIt
April. That they showed us the houses finished and we walked around and the
TV cameras were there and a whole bunch of stuff.
Mr. Bailey: Oh, they were still working on the houses. We had to put in, you
i�
1�
Mr, odtot Ve had the eecwrity firm during construction. A£tof tip
oonntt:ction was concluded, we thought we had buyers and we didntt because
they did not qualify. Theft we had to go ahead on an emergency basis and hire
A security firm to keep the property intact. And that's What happened.
t#r, Dawkins: t Wee what he** saying now.
Mr. Odio: And the property, by the way, is on S?th Street and 15th Avenue.
Mr. Dawkins: Ott, what you're saying in, and to answer Commissioner tie
Turre'a...
Mr. Odios Yet, he's right...
�t
' Mr. Dawkins: ...question is, if everyone had moved into the home* when they
were completed on April 7th...
Mr. Odio: !tight.
Mr. Dawkins:
...we would have no longer needed security. But because we were
unable to et
g
the people
p p qualified and moved in, it was necessary to retain
security...
-
Mr. Odio: Yes.
Mr. Dawkins:
...to retain the building.
Mr. Odio: Yes.
Mr. Dawkins:
Well, that's all he's asking.
'
Mr. De Yurres
OK, I won't pursue it any further. Thank you.
,,.
Mayor Suarez:
Are you sure we voted on that, Madam City Clerk?
;i
>"
Mr. Dawkins:
No, no...
at,
Mr. Fernandez:
No, you voted to table it.
Mayor Suarez:
I don't think we - thank you. OK, I'll entertain a motion on
i
ratification.
;-
Mr. Fernandez:
And you need four -fifths.
;,
'
Mayor Suarez:
Of item 37. So moved. Do any of you guys Went to second it,
k
please?
,
Mr. Dawkins:
Second, second, second.... -
3
Mayor Suarez:
Thank you. Call the roll.
Mr. De Yurre:
You know that?
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Tha f6llevibg resolutl6h vat ibtlroduced by CoMmissiabo Rghte, 'Wh6 mad
ita adoption:
RESOLUTION NO. 69-661
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE
ACTION OF THE CITY MANAGER FINDING THE PROCUREMENT OF
SECURITY SERVICES FROM MINORITY INVESTIGATIONS AND
SECURITY TEAMS, INC. (MIST) AT THE CITY -OWNED CARVER
BRANCH YMCA SITE IN THE AMOUNT OF $37,000.00 AS AN
EMERGENCY AUTHORIZING THE ISSUANCE OF EMERGENCY
PURCHASE ORDERS FOR THIS SERVICE FOR A TOTAL PROPOSED
AMOUNT OF $37,000.00; ALLOCATING FUNDS THEREFOR FROM
THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY
PROJECT NO. 579901 ACCOUNT NO. 321034-340.
(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 vas 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: What choice do I have?
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Yes, I'm going to come up with a name for the two of you, by
God. I haven't figured it out yet.
Mr. De Yurre: And for the record, you know, Frank Sinatra - Cesar, Frank and
Liza and Sammy when they came, they came around September 15th or somewhere
around there, remember that?
Mr. Odio: Yes, sir.
Mr. De Yurre: Eighty-eight. And that was the same week that we were there
because the houses had been finished.
Mr. Odio: Yes, yes. Yes.
Mayor Suarez: He said, after you went, they needed more security.
M*- Ranges I suppose there's no point in continuing this, but because I had
occasions to pass by that project everyday, I do know, everyday and every
night, I do know that security was there throughout the construction period
and, of course, after the houses were finished and not sold, security
continued.
Mayor Suarez: They're all fully occupied and there have been no orbblem,
with...
Ms. Range: They're all fully occupied, everything looks very nice there now:
Mayor Suarez: Very good.
61. CONFIRM ASSESSMENT ROLL - for construction of West 57th Avenue Sanitary
Sewer Improvement in West 57th Avenue Sanitary Sewer Improvement
District (SR-5469-5 - sideline sewers).
--------------------------------------------------------------------------- -
Mayor Suarez: Item - which is the next one, Mr. Manager?
Mr. Plummer: Forty.
Mr. Fernandez: Forty.
Mayor Suarez: Forty, item forty, confirming assessment roll, construction of
W. 57th. I'll entertain a motion on it. Is there anyone that wishes to be
heard on this item? Let the record reflect no one stepped forward. Need a
second.
Mr. Dawkins: Second.
Mayor Suarez: Call the roll. Item 40.
The following resolution was introduced by Commissioner Plummer, who
shoved its adoption::
RESOLUTION NO. 89-662
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF WEST 57 AVENUE SANITARY SEWER
IMPROVEMENT IN WEST 57 AVENUE SANITARY SEWER
IMPROVEMENT DISTRICT SR-5469-S (SIDELINE SEWERS) AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the Cit Clerk )
Y
Upon
being seconded by Commissioner Dawkins, the
resolution was passed -
and adopted
by the following vote:
AYESs
Commissioner J. L. Plummer, Jr.
1:
Commissioner M. Athalie Range
-e
Commissioner Miller Dawkins.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
N0RSs
None.
4�
a
ABSENT:
None.
,
y-
#,k
5
u
. <`igkq'j+.�2
a�
xj
_ '. f '_
_..__--------=-------------------=-------------------
62. ALLOCATE $200,000 TO "LITTLE HAITI PLAZA CORPORATION" - to assist in the
development of the "Little Haiti Plaza shopping Center".
.�.:.-------- --- -----------__-.._------.-- ----__ ---- ------ ----
Mayor Suarez: Item 41, allocation of two hundred thousand of the mini UDAG
loan pool fund to the Little Haiti Plaza Corporation. What happened to the
promoters?
Mr. Dawkins% They just switched sides on us.
Mayor Suarez: Is there any particular reason why you were over here in the
morning and now you're over here in the afternoon? Is that so we'd think that
you're not the same people? I see, you get the better angle.
Mr. Odio: This is not a very...
Mr. Dawkins: Go ahead, Frank.
Mr. Frank Castaneda: Yes, let me explain. Items 41, 42, and 43 are related.
Basically, this is the last round of the UDAG program. We want to submit the
most competitive application to make sure that it gets funded and so forth.
Mayor Suarez: The mini UDAG.
Mr. Castaneda: No, no, the UDAG program of the federal government. That's
item 42. So, instead of asking for half a million dollars, which is the kind
of subsidy that this project requires, we're only asking for $300,000 and
providing a mini UDAG of $200,000. What that does is that it doubles the
leverage ratio; it doubles the number of UDAG dollars per jobs and so forth
and we believe that this is a super highly competitive UDAG and it will be
highly competitive UDAG...
Mayor Suarez: When does that round have to completed? -the UDAG application?
Mr. Castaneda: The application has to be submitted by...
Mayor Suarez: By the 31st?
Mr. Castaneda: ...July 30th...
Mayor Suarez: Thirtieth.
Mr. Castaneda: ...and the award will be made by October lot.
Mayor Suarez: OK.
Mr. Plummer: All right, let me... I'm sorry...
Mayor Suarez: No, no and I guess you were saying that the mini UDAG is a way
to induce this...
Mr. Castaneda:
Right, the purpose of the... -
Mayor Suarez:
...and show local matching effort.
Mr. Castaneda:
Well, that too.
Mayor Suarez:
Make it viable.
Mr. Castaneda:
We also will get a point for mini UDAG, we will get two points
because we have not received a UDAG in the last two years. We get another
point because
it's an enterprise zone, so we believe that this application
will be very competitive.
It's also very competitive in the way of increasing
taxes because
this property was owned by Off -Street Parking and they did not
�-
pay any taxes,
so the land and the construction of the building would also pay
taxes so that
will be very competitive on that side. So what we are asking
is, basically,
$500,000 in subsidy; two hundred coming from the mini UDAG and
``
three hundred
coming from the UDAG program. In addition to that, during the
construction period
in order to reduce their interest cost during construction
f
206 July 13, 1949
h
9
.
lPIIlSRl11lIlll��llr-- �
and during construction and lease up. Let me say we are proposing a City
float of one and a half million dollars for a period of 18 months at 2
percent. This will drastically reduce the carrying costs of the project
during the construction period and then this project will be included - this
amount of money will be included in the refinancing of the project on the
permanent financing take out. During the amount of money... right, 2 percent
interest during that time, the amount of money has to be secured by a line of
credit from an acceptable bank and so forth...
Mayor Suarez: Which, in this case, they managed to get...
Mr. Castaneda: They have not obtained that yet. They're on the way of
obtaining financing. All these three items would have to come back to the
City Commission for entering into contract. The UDAG would have to come back,
the mini UDAG as well as the City float.
I Mr. Plummer: Well, it's a good project. Since it's got to come back, I'm not
A going to make any big comments at this time. My only concern is, in fact,
that this is a profit making venture. And as such, if it is, as I've said to
the... yes, hide your face in shame... that if, in fact, it is a profit making
venture, then I think that the City is entitled to some return to help others
in the future. Especially, you know, to help people that are a non profit.
Mr. Odio: Money comes back to us when they pay.
Mr. Plummer: Well, but not at 2 percent interest.
Mr. Odio: No, but the other UDAG comes back to us, Commissioner.
Mr. Plummer: I understand that.
Mr. Odio: All of it come back to us so we can reuse it again.
Mr. Plummer: I'm well aware of that.
Mr. Odio: So, we do receive a benefit from it.
Mr. Plummer: But you're doing one in 3 percent and the other one in 2
percent. Now, you know, if I were to go out and I were to get a loan as a
private company, then, by God, I would never be able to get this kind of a
loan.
Mr. Castaneda: Oh, no, for sure.
Mr. Odio: Well, but remember this loan that it has to have a million and a
half in a letter of credit somewhere, right?
Mr. Castaneda: No, no...
Mr. Plummer: Letter of credit be damned. That's collateral.
Mr. Odio: That's money.
Mr. Castaneda: No coke.
Mr. Plummer: That's collateral.
Mr. Odio: We can call it at any time.
Mr. Castaneda: Commissioner, now I understand perfectly well what you're
saying, we are offering very good terms in order to create an inducement for
development to occur in this particular area the same as has been done in
Overtown/Park West and other projects.
Mr.
Plummer: Only
problem I have
with that, Frank, is
the fact that it is not
in
the central Haiti
district, Little Haiti. It is at
the north boundary of
the
City of Miami.
OK?
..°
Mr.
Castaneda: It's at the north
boundary.
Mr.
Plummer: Now,
79th Street is
the and of the world
for us. Now, let's see
}
when
it comes back
if we're... no
use fighting if they
don't get the mini UDAG
.
or
they do not get
the bank commitment.
207
July 13, 1989
� t�
-77
U=
7�
Mr. Clatanedas Right.
Mr, PiutNers so we get a -tj&e >hd bits of the apple: l will $o 8lorig *1th it
today. We'll have further discussion, along the pay.
Mr: Dawkins: What has been the rate of interest on previous float loafis?
Mr. Odiot If it's in the Overtown/Park West area, it's one percent# if it'&
outside, it has to be 2 percent.
Mr. Plummer: Were they profit or nonprofit?
Mr. Odio: Well, we had Zaminco; it's a profit.
Mr. Plummer: Which one?
Mr. Castaneda: Zaminco, the Freedom Tower.
Mr. Odios Zaminco.
Mayor Suarez: Yes, the Freedom Tower.
Mr. Odio: Freedom Tower.
Mr. Plummer: But that was called on what?
Mr. Odio: That's the same way.
Mr. Castaneda: CD float.
Mr. Odio: Commissioner...
Mr. Odio: You know, I keep saying over and over and nobody listens to me.
When it comes to a certain area in this town, you always get in on the last
one. I don't know why it is that we never get in at the beginning. How many
UDAG float loans have been made by the City of Miami? Off the top of your
head.
Mr. Castaneda: CD floats that have actually been given are two; one Carver
branch of the YMCA and then the other one is the one in Overtown in the
downtown area which is...
Mr. Dawkins: What was airport seven?
Mr. Castaneda: Airport seven was a HUDAG...
Mr. Dawkins: HUDAG, OK? All right, well how many HUDAGs we've been given?
Mr. Castaneda: Well, let me tell you. We have submitted HUDAGs in model
city, we had the model city commercial plaza, which was a project...
Mr. Dawkins: Where is that located?
Mr. Castaneda: That was the Howard Gary project, but he was never able to get
the bank financing required to do that project. You know, we've tried to do
projects in the Model City area and we've submitted UDAGs for them, but the
big problem has been obtaining the financial commitment from the private
sector to do that and, you know... and Kapelstein? and Ringo Cayard might
encounter the same type of problems even though they're working very seriously
with Southeast in order to resolve that type of issue. But you know,
historically, the problems that we've had with banks in getting financial
commitments in that type of area.
Mr. Dawkins: You said there were a CD float in Overtown?
Mr. Castaneda: Well, no, no, I said that it was the Overtown/Park West.
Mr. Odio: In the Overtown/Park West project.
Mr. Dawkins: Ohhhh, that's the difference.
Mr. Castaneda: Well, no, no, the...
Mr. Dawkins: The hell it's notl
Mr. Castaneda: No, no, that's what I was trying to clarify. We've made the
loan of the Freedom Tower, the Carver branch of the YMCA and we approved the
loan for the Chaiken Corporation which I understand they're having problems
there.
Mr. Dawkins: OK, I know, as we all know, the federal government is going to
find a way to open up the pipeline again to assist their friends, OK? And I
would hope that if you - that I will assist you in going to Washington to find
out what the next round will be and how. And I expect us to divide it
Citywide.
Mr. Castaneda: Sure,
Mr. Dawkins: OK? If we put one over there, I want one over here and then one
over there and then one over here. OK? And make sure that your department
receives applications from all the total area.
Mr. Castaneda: Well, and I agree with you, Commissioner. There's going to be
a new game in Washington, it's going to be concerning the enterprise loans.
You know, the City did some...
Mayor Suarez: Frank, you... he really wasn't asking a question, he was saying
that we should more than just sit around and waiting for the applications
which, in the past, we have found doesn't necessarily mean a fair
distribution. That we should generate them, we should solicit them to snake
sure that we do have a fair distribution. And, by the way, when you do have
an opportunity to explain to us at the appropriate time, enterprise zones from
209 JWY 13, 1909
Y, .
,"
Mi. Ra�iSet I'll offer its r°
Mayor Suarea: So moved.
�..
Mr. DaMkifis t Second.
Mr. Plummert What was the. , . f `t'm ttorry. 4
-
Mayor Suarea: Seconded, On 41 first.
_
Mr. Plummer: Oh, OX.
Mayor Suarea: These are the three related items. Call the rail fin ki.
-
The following resolution was introduced by Commissioner Range, who mowatl
its adoptions
ff
RESOLUTION NO. 89-663
A RESOLUTION APPROVING THE ALLOCATION AND COMMITMENT
OF $200,000 FROM THE CITY'S MINI-UDAG LOAN POOL FUND
OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM, SUBJECT TO SECURING ALL OTHER NECESSARY
FINANCIAL COMMITMENTS TO THE "LITTLE HAITI PLAZA
CORPORATION," TO ASSIST IN THE DEVELOPMENT OF THE
"LITTLE HAITI PLAZA SHOPPING CENTER," FOR WHICH THE
CITY WILL PROVIDE A 30 YEAR LOAN WITH A CALL PROVISION
IN THE 15TH YEAR, AT THREE (3%) PERCENT INTEREST WITH
A THIRD POSITION ON THE COLLATERAL MORTGAGE, THIS
COMMITMENT TO BE VALID FOR SIX (6) MONTHS FROM DATE OF'
APPROV
AL
�1,
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
k.;
Upon being seconded by Commissioner Dawkins, the resolution was pa11 ss4
and adopted by the following votes
x ,
AM&I tN MXCIPLE APPUCATtOR OP I)MIbM hL#r #Attt PtAU
MMAMN* - for construction or a "Little Hbiti Sh l)ptftS ftntor* •
Dtftbt Manager to 6001y for an Urban bOvolopeent Actinn Grant tram *Alit
Deb artfeent of Housing and Urban bevalopmett.
Mayor Suares, Item 42, I'll entertain a motion on that.
Mt. Dawkinst Move 1t,
Miyor Suares, Moved.
Mr. De Yurre, Second.
Mayor Suarese: Seconded. Call the roll on 42.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-664
A RESOLUTION APPROVING IN PRINCIPLE THE APPLICATION OF
PROJECT DEVELOPER "LITTLE HAITI PLAZA CORPORATION" FOR
THE CONSTRUCTION OF A "LITTLE HAITI SHOPPING CENTER"
WITH A 130-PARKING SPACES AND DIRECTING THE CITY
MANAGER TO PROCEED WITH THE CITY'S APPLICATION FOR AN
URBAN DEVELOPMENT ACTION GRANT FROM THE U.S.
e�
65. SUBMIT AMENDMENT TO THE APPROVED 15TH YEAR C.D.B.G. PROGRAM FINAL
STATEMENT TO U.S. HUD - to reflect allocation of $1,500,000 for a
Community Development "Float Grant" loan (1989-90 program year). (Once
approved, Administration is directed to bring before the Commission all
agreements required to provide loan to Little Haiti Plaza Corporation
for construction of "Little Haiti Plaza Shopping Center".
Mayor Suarez: Item 43, I'll entertain a motion.
Ms. Range: Move it.
Mayor Suarez: Moved. Seconded. Call the roll.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Castaneda or the Manager, through the Manager to you or Herb
Bailey, what assistance are we giving this group to assist them in obtaining
the financing that they need?
Mr. Frank Castaneda: Well, to tell you the truth, the City - I, personally,
have not given them any assisting in obtaining the financing. I understand...
Mr. Dawkins: Where is Herb Bailey? No, no, no... see, I don't want to hear
from you, sir. I know what I'm doing, you can do what you want to do after
this, OK?
Mr. Odio: Well, first, I wanted to get this approved but, now, if they need
help, we'll be glad to work with them.
Mr. Dawkins: No, OK... see, all right, let me do... where is Herb Bailey?
Mr. Plummer: He got mad and went home.
Mr. Dawkins: OK. OK, no problem.
Mayor Suarez: Table it if you want to.
Mr. Dawkins: No, I'm not going to table it, I'm just going to tell the
Manager to instruct his staff to assist this group... see, we've already said
that this is the last round of UDAGs, so I want us to make sure that whatever
they need to assist them in acquiring the financing that we unturn every stone
that we have to unturn to assist them.
Mr. Odio: No, in the UDAG applications, I will use whatever we have to use,
as far as the lobby's in Washington and anything else, to make sure that we
get approval.
Mr. Dawkins: You're not hearing me, sir.
Mr. Odio: On the financing part...
Mr. Dawkins: That's the part I'm addressing.
Mr. Odio: ...we haven't done anything. And we will help if that's what
You...
Mr. Dawkins: ... that's all.
Mayor Suarez: I guarantee you we will use and have used all of the influence
we possibly can bring to bear at the highest levels of the Department of
Housing and Urban Development on that particular issue. On the financing, and
I'm glad the Commissioner Dawkins brought it up, local financing and private -
p;` financing, we've had quite a few of the banks, including the ones that are in
y:`. the consortium who have come and said, nobody ever asked us to participate. I
don't know if that's true or not, or if it's just an excuse, but one of them
thatcomesto mind is , was it Florida National? -Bank that came into see us,
212 July Of 1989 '
J
u-
they way they're Part of the consortium; they have not been involved ih why of
the City projects. I hope somebody would go to there and use our offices and
whatever influence we may have and the City, as the Commissioner is
mentioning. Item 44. Call the f-oll on 41, I'm sorry.
The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION NO. 89-665
A RESOLUTION.AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED FIFTEENTH (15TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT AN ALLOCATION OF FUNDS IN
THE AMOUNT OF $1,500,000 FOR A COMMUNITY DEVELOPMENT
"FLOAT GRANT" LOAN DURING THE 1989-90 PROGRAM YEAR,
SUBJECT TO THE AVAILABILITY OF FUNDS, AND TO REFLECT A
TECHNICAL INCREASE IN REVENUES BY SAID AMOUNT PLUS
INTEREST ON SAID AMOUNT AT TWO PERCENT (2%) PER YEAR
FOR EIGHTEEN MONTHS; FURTHER AUTHORIZING THE CITY
MANAGER, UPON APPROVAL OF SAID AMENDMENT BY HUD, TO
BRING BEFORE THE COMMISSION FOR ITS REVIEW AND
APPROVAL ALL AGREEMENTS REQUIRED TO PROVIDE A LOAN TO
THE "LITTLE HAITI PLAZA" CORPORATION FOR THE
CONSTRUCTION OF THE "LITTLE HAITI PLAZA SHOPPING
CENTER."
(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.
,a
ABSENT: None. t`
----------------------------------------------------------------------------
65. EMERGENCY ORDINANCE: Amend 10521 - Establish new project: "Tacolcy
Park - Roof Replacement Project" ($95,000).
Mayor Suarez: Item 44. Is this finally the roof? No.
Mr. Odio: We had a serious problem with the Belafonte Tacolcy roof,
Commission, and we needed to move fast on this. They had...
Mayor Suarez: If anybody wants to see some very vivid pictures, here they are
on the condition of this roof. This has been about a one and a half year
effort.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Me. Range: Second.
Mayor Suarez: Seconded.
Mr. Jorge Fernandez:
Public hearing.
Mayor Suarez: Please read the ordinance and state the reasos� fQr the
emergency which, I guess, Is a...
lit. hAwkitie3 Public hosting.
Mayor EuAregs 3fhieli, t guess, it *6ty ovtdoat ttem the OttturfiA thAt t,66t to
earring ib, Does Anyone wish to be hAArt bn this it ftt tAt tare e6td raft
that no one stepped forward. Road the ordif►eAee.
AN ORDINANCE MTITLED-
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10521, AS AMENDED, ADOPTED NOVEMBER 11, 1988, TIM
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, 8Y
ESTABLISHING A NEW PROJECT ENTITLED "TACOLCY PARK
ROOF REPLACEMENT PROJECT" NO. 331350 IN THE AMOUNT OF
$95,000; APPROPRIATING FUNDS FOR SAID PROJECT IN THE
AMOUNT OF $10,000 FROM THE PROPERTY AND LEASE
MANAGEMENT ENTERPRISE FUND, AND IN THE AMOUNT OF
$85,000 FROM INTEREST EARNINGS ON CAPITAL IMPROVEMENT
FUNDS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer 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
i
-
--
6. to 11 Y MANAGER'S FINDING OP MM `G0CY REGARDING #fACG 'P VAP! IWI
PIPtACEM1M PROJECT'" - Waive requirements for sealed bide - C61ifii
hiring of Gee and Jensen, P.A., consulting engineers, to pravids
Orofessional services.
Mayor Suarez: Forty-five is a companion item, nod
Mr. Odio: Yes, it is, Mr. Mayor, ratifying the emergency...
Ms. Range: Right.
Mayor Suaree: I'll entertain a motion on it.
Mr. Plummer: Move it.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Ms. Range: Second.
Mayor Suarez: Seconded. Call the roll - thirded.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-666
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS VOTE OF
THE MEMBERS OF THE CITY COMMISSION, CONCERNING THE
"TACOLCY PARK - ROOF REPLACEMENT PROJECT" NO. 331350:
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S;
FINDING THAT A VALID PUBLIC EMERGENCY EXISTED AND
CONTINUES TO EXIST FOR SAID PROJECT JUSTIFYING CERTAIN
ACTIONS; RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN HIRING THE DESIGN FIRM k
OF GEE AND JENSEN, P.A., CONSULTING ENGINEERS, TO
JtL �i
PROVIDE PROFESSIONAL SERVICES FOR THE FES OF $10,000;
WAIVING, FORMAL COMPETITIVE SEALED BID PROCEDURES FOR
SAID PROJECT; AUTHORIZING THE CITY MANAGER TO ACCEPT`
THE LOWEST RESPONSIVE AND RESPONSIBLE BID FOR
NECESSARY MATERIALS, CONSTRUCTION AND/OR SERVICES
NECESSARY TO COMPLETE SAID PROJECT; ALLOCATING FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED $95,000 FROM THE
CAPITAL IMPROVEMENT PROJECT OF THE SAME NAME, PROJECT
NO. 331350; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE;
SUCCESSFUL BIDDER(S).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
�y w Upon being seconded by Commissioner De Yurre, the resolution wax pal!lletl'
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr. A;
r Commissioner M. Athalie Range
Commissioner Miller Dawkins4,7
t a '
Vice Mayor Victor De Yurre q7"�
Mayor Xavier L. Suarez ' F
x"r
F J
NOE$ o None.
$BNTt None. `
6 �
a }
�1
�r
6f. DtSCUSS AND CONTINUE CONSIDERATION Oy' PROPOSED RESOLUTION RAfitnil
MANAGER'S FINDING OF SOLE SOURCE - for purchase of 130 additional radios
for use of the 800 MHz trunked communication system from Motorola
Communications and Electronics, Inc.
-------------------------------------- _---
Mayor Suarez: Item 46...
Mr. Plummer: Ask that it be deferred. I need more information.
Mr. De Yurre: Second.
Mayor Suarez: OK. Moved and seconded. I see a pained look on the
Lieutenant's face...
Mr. Plummer: Yes, they got more radios now than they know what to do with.
I'd like to get a justification on this quarter of a million dollars.
Mayor Suarez: Moved and seconded. Call the roll.
Mr. Dawkins: I'm going to go along with the move, but I'll be voting in favor
of it next time. No problem.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR DE YURRE, THE HEREINABOVE ITEM WAS DEFERRED 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: Are you sure you don't have any opportunity of getting whatever
information you need on this between now and the end of the...
Mr. Plummer: No, because I've got to go to other departments, Mr. Mayor.
Mayor Suarez: I was just thinking of the backup of items in the other July
meeting.
Mr. Plummer:
This problem is, is,
you know, we got tree
trimmers with radios,
we got street
sweepers with radios,
you know...
Mayor Suarez:
A lot of radios outstanding. A lot of
radios out
in the
community. I'm just thinking of
the problem with the
agenda as
we defer
items.
Mr. Plummer:
It's no problem.
Mayor Suarez:
I hope not. We may
have a special session
in August.
_
Ms. Range: Special meeting, I tell
you.
Mr. Plummer:
You'll be alone. Try
to get a quorum.
Mayor Suarez:
Yes, and then I'll be here all by myself,
d -
_
_ - -
{
210
1��1
qq.pp ngpQ, _
68. CODISIGNATE N.E. 4TH AVENUE FROM N.E. 30TH STREET TO N.E. 31RT STRUT AS
"THE VILLAGE WAY".
------ ------=--------------------- __---..__—
Mayor Suarez: Item 47, codesignating N.E. 4th Avenue, from N.E. 30th Street
to N.E. 31st Street, as the Village Way. Does anyone wish to be heard...
Mr. De Yurre: I'll move it.
Mayor Suarez: ...against this item?
Mr. De Yurre: Against?
Mayor Suarez: Let the record reflect no one stepped forward except Lt.
Longueira, who really was just kind of taking a walk and not particularly
stepping forward and we have a motion. Do we have a second?
Mr. Plummer: Seconded, based on the fact that they will pay all costs
involved.
Mayor Suarez: Isn't it interesting that when the name to be given is not a
Hispanic name, we don't get any objectors, you see. That's good. I guess it
means something. I don't know what it means. I do know what it means, but I
don't want to say it. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-667
A RESOLUTION CODESIGNATING NORTHEAST 4TH AVENUE FROM
NORTHEAST 30TH STREET TO NORTHEAST 31ST STREET, MIAMI,
FLORIDA, AS "THE VILLAGE WAY"; REQUIRING VILLAGE
SOUTH, INC. TO BE RESPONSIBLE FOR ALL COSTS INCURRED
IN THE CODESIGNATION SIGNAGE; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
ALL AFFECTED GOVERNMENT AGENCIES.
(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.
48 was called for
NOTE FOR THE RECORD: At this point,
Agenda item
discussion - No appearance of interested parties
was recorded at
this time.
R
NOTE FOR THE RECORD: At this point,
information
on Agenda item 49
waa submitted to the City Commission
for their review, but there
was no discussion.
r�
Aqi
A
e
4
64. !!iU' HORDE ElCP DI' #)F $ 9,tatib BY EXECUTIVE DiAkCThR Ot "M T
MANAMMT PARR "t"T L for purchase of listed items.
Mayor Suarez: item 50, Bayftont Park Management 'Trust, request utilization of
contingency funds.
Mr, Plummer: It's $29,000, I move it, Mr. Mayor. This was a contingency fund
Which we had to approve. They did come, in fact, and justify the need for the
Spending of the funds, and I so move the $29,000.
Mayor Suarez: So moved.
Mr. Dawkins: How much?
Mr. Plummer: Twenty-nine. It was part of their contingency fund that we said
they couldn't spend without our approval.
Mr. Dawkins: OK, no problem.
Mr. De Yurre: Where is it?
Mayor Suarez: Moved.
Ms. Range: Second.
Mayor Suarez: Seconded. I am sending a memorandum to all the Commissioners
copying you with a memorandum that I received from Matthew Schwartz on the
south end of the park in an effort to raise the rest of the funds to complete
t' a Challenger Memorial by contribution so that it won't cost the City
We've got quite a few donations but if you... a Penny.
;t
Mr. Plummer: Throw in the bricks.
3 Mayor Suarez: Yes, exactly. It would be nice to complete that without City expenditures, particularly since we don't have any monies for it. Canall
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
t.
RESOLUTION No. 89-668
s A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
EXPENDITURE OF MONIES FROM THE $29,000 IN THE
CONTINGENCY FUND ALLOWANCE FY 1989, BY THE EXECUTIVE
DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST, FOR
THE PURCHASE OF CERTAIN LISTED EQUIPMENT AND
FURNISHINGS
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
A,`
Upon
P
being seconded b Commissioner Range, the
B Y 8 �
resolution was passed and
i�
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,
A SBNT:
None.
_s
Y
r
._...,4S61,
70(A)
GRANT REQUEST
BY ASSOCIATION COMUNAL DOMINICANA,
INC. FOR USER FEE
WAIVER - concerning
"Third
Merengue Festival Miami"
at Comstock Park.
(B)
DIRECT MANAGER
TO NEGOTIATE
WITH ASSOCIACION COMUNAL
DOMINICANA, INC. _
to reduce cost
of in -kind
services regarding "Third Merengue Festival
Miami".
-------
Mayor
-------------------------
Suarez: Yes,
item 52 we
-
took care of. Item 53,
Asociacion Comunal
Dominicans - inkind services. Are they present? Sir.
Mr. De Yurre: Yes.
Mayor Suarez: Request waiver of the use fee for the Comstock Park, Third
Merengue Festival in Miami. I'll entertain a motion as to the use of the park
rental waiver.
Mr. Plummer: So move.
Mayor Suarers So moved. That's a...
Mr. Dawkins: Second.
Mayor Suarez: ...Commissioner Range, we typically do that on a perfunctory
basis and then when we get to actual expenditures, we get a little tighter.
So moved and seconded.
Me. Range: Very good.
Mayor Suarers There's no discussion or I'll take... call the roll please on
that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-669
A MOTION PARTIALLY GRANTING REQUEST TO REPRESENTATIVES
OF ASOCIACION COMUNAL DOMINICANA, INC. FOR WAIVER OF
THE USER FEE FOR USE OF COMSTOCK PARK ON AUGUST 13,
1989 IN CONNECTION WITH ITS "THIRD MERENGUE FESTIVAL
MIAMI" EVENT.
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
Mr. Victor Alba: Yes.
Mr. De Yurre: How much did you get? Get back over here, get back oYBx 11aF�.,
;Bad explain it.
219
Mayor Suarez: You have to use the Mike, give us your name. We don't have any
funds for this because this would have to go through our festival policy fund
and...
Mr. Alba: Yes, my name is victor Alba, I represent the Dominican Association.
We present for the budget for six thousand three seventy five fifty dollar.
This is only the free of the park.
Mr. Plummer: Let me ask a question. Mr. Manager, for a festival like this,
why $1,050 for the Fire Department?
Mr. Odio: I believe that's the inspectors that have to be there.
Mr. Plummer: How many days is this festival?
Mr. Alba.: August 13th.
Mr. Plummer: One day?
Mr. Odio: It's a whole day festival, an all day festival.
Mr. Plummer: And a fire inspector costs $1,050 a day?
Mr. Odio: I don't have the breakdown here of what that includes.
Mayor Suarez: We go through this all the time, Mr. Manager. These estimates
come in such incredible...
Mr. Plummer: But the Rescue is on a standby. It's not there all day.
Mr. Odio: One fire inspector from 8:00 a.m. to 8%00 p.m. and one rescue unit
from 12:00 to 8:30 p.m. at night.
—
Mr. Plummer: But the Rescue is not there. It says, called as needed.
Mr. Odio: No, they're there.
Mr. Plummer: Why would you have to have a rescue there all day?
Mr. Odio: I don't know. That's a good question.
i
Mayor Suarez: It doesn't make any sense to me.
i
Mr. Plummer: How much is the fire inspector?
-
Mr. Castaneda: $383.
2
Mr. Plummer: $380 for 12 hours?
'-
f
R
Mr. Castaneda: Right.
_
Mayor Suarez: Watch these guy's computer! He's got his calculator.
Mr. Plummer: I don't have it here, but that's over $30 an hour.
Mayor Suarez: That's about $100,000 a year if he worked 365 days, which they
a,.
obviously don't.
Mr. Castaneda: they make good money.
t'=
Mr. Plummer: Well, you know, wait a minute. I'm going to get to another
basis. I'll pick on the police next. Why do you even need a fire inspector in
an open air carnival? Huh? Hello?
Mr. Castaneda:
Mr. Plummer:
Mr. Castaneda:
Mr. Plummer;
Mayor Suates: How many cooking i.fpleftnts &to there out therm, or stand&? #
could imagine that that would get to be a problem if we...
Mr. Caatanada: They don't know at this time.
Mr. Alba: Thirty.
Mr. Castaneda.- Thirty?
Mr. Alba: Yes.
Mr. Plummer: That are actually going to be cooking?
Mr. Alba.- No.
Mr. Plummer: How many are going to be cooking?
Mr. Alba: Well, around ten or fifteen.
Mayor Suarez: Yes, that...
Mr. Plummer: But it would seem like to me that the inspector would go there,
make sure that they're safe and leave. I mean, it's like an inspection, as
far as I know. Hey, $1,050 is just... it's completely out of question to me.
Hello?
Chief Huddleston: Chief Huddleston, acting director of the Department of
Fire. I was upstairs, I apologize. I wasn't here.
Mr. Plummer: Why do you have to have a rescue there all day?
Chief Huddleston: Commissioner, I'm not really familiar with this event. I
presume that we have some documents here.
Mr. Plummer: Well,
go back upstairs and send somebody else down.
`
Chief Huddleston:
It depends on...
Mr. Plummer: You
rushed down here to tell us to tell us you don't
know
anything about it,
I mean...
i
-�,
Chief Huddleston:
It depends, the inspector would certainly depend on
the
amount of cooking,
the outdoor facilities that they were going to have,
the
jj
rescue depends on the
amount of people that would be involved.
Mr. Plummer: But wouldn't it be on an as called needed basis? - rather
than
stationing one there
all day?
Chief Huddleston:
No, normally there is...
Mr. Odio: If we can... let me check it out and if we don't need it, we don't
need it, and if we
need it, we have to have it because of the safety of
the
people involved.
Chief Huddleston: I would say that we did have a similar situation recently
'-
where we did go back and take a look, found that we didn't need a rescue and
we didn't require one.
;-'
Mr. Plummer: Yes, but OK, that's fine for the rescue.
Chief Huddleston: I'm not as familiar enough with this.
#
ry
Mr, Plummer: Now, doesn't it seem reasonable that an inspector from the Fire
3
*
Department would go there for an hour or two, inspect the cooking facilities"-
sa and either you can do it
y, hey, y , oryou cannot do it.
'
- a.
-
Chief Huddleston: No sir, there is absolutely a maintenance a constant
maintenance problem if we are having outdoor cooking. ItOs something that you
can't just go and inspect and see if it's fine and then leave. Tt's jest like
r;
most of our street festivals. There is ongoing problems constantly that have
to -be monitored. And if you are -going to have a large crowd, it's' ess�►ntial`
that we have someone in charge there monitoring that.
S 1-
v
221 July 13, 10s9
�
l
vl
_
`
Mr. Plummer: Chief, $30 an hour is pretty damn stiff.
Chief Huddlestohe Well, t certainly have a difficult time rebuttinik that,
but...
Mr. Plummer: Why is it $30 an hour?
Chief Huddleston: 'That's the union contract, Commissioner, and those rates
are set by the union contract.
Mr. Odio: I want to be a firefighter.
Mr. Plummer: We've priced ourselves out of business, that's chat we've Hone.
Mr. De Yurre: Look, Mr. Mayor what I would suggest is that...
Mayor Suarez: Yes, Mr. Vice Mayor.
Mr. De Yurre: ... they get together with the Manager and see how you know, in
his discretion how he can help them out.
Mr. Plummer: How many police officers are involved?
Mr. Odio: Six. Wait a minute, I'll give you a breakdown. There is one
sergeant, three officers from 9:00 a.m. to 9:00 p.m. and six officers from
12:00 to 9:00 p.m.
Mr. Plummer: How many men involved?
Mayor Suarez: Ten officers.
Mr. Plummer: And they are making $198 each then, in other words.
Mr. Odio: $1,986 a day, for the whole day.
Mr. Plummer: Can we use a policeman as a fire inspector?
Mr. Kevin Smith: No, sir.
Mr. Plummer: Well, look, we got to come to a point here somewhere because
this is getting out of hand. Is there a compromise position, where instead of
ten police officers, we can have six and they supply security guards for the
rest? It's... just getting out of hand. It's...
Mayor Suarez: It seems like a bit of a game, where we get the highest
estimates from the various departments and we come in here and we try to cut.
them down to something more reasonable and by the way, Comstock, this may be
the only festival in the entire year that we have there, is it not? _
Mr. Dawkins: That's right, the only one.
Mayor Suarez: You know, we kind of like to promote use of our facilities for
the...
Mr. Odio: Let me work with them.-
Mr. Dawkins: See, and I got a problem with you guys and explain, and somebody
in the Parks Department explain to me why you got to have an event supervisor,
a site supervisor, and I can understand a maintenance supervisor, but we got
eight maintenance aides, but what... I mean, why can't the event supervisor
and the site supervisor be the same thing? I mean, what's the difference in
�*
it?
s
Fr = Mx. Kevin Smith: Commissioner, we'll adjust that one. We'll eliminate it.
Normally, the event supervisor, or the site, the event supervisor is =
responsible for the entire coordination of all the event, including the
Y preparation of the operational coordination with the police, fire, etc., not
charged except for during the day they are on site to make sure all that type
of operation functions properly. The site supervisor is someone that is out
of the Recreation Division normally assigned to that park and works In that
facility because they are familiar with the area, all the facilitiea in the
4
222 July
u
r
ij i8
park, and are able to respond to the needs throughout the day, that's related
to the parks facility itself.
Mr. Dawkins: What would make you need an electrician for 13 hours? Explain
why you need an electrician for 13 hours?
Mr. Smith: Because they are using sound systems, they are having PA systems,
they need an electrician to hook it up. They need electricians...
Mr. Dawkins: Book up what?
Mr. Smith: Their power.
Mr. Dawkins: All you got to do is plug it in. Why do you have to have an
electrician to say that's 13 hours?
Mr. Smith: It's a requirement of the license for them to obtain the license
to be able to run the system.
Mr. Dawkins: Well, why can't he hook it up and go home and come back?
Mr. Smith: It's basic.
Mr. Dawkins: Or he hook it up while he's working, and then whoever works at
night go out there and unhook it.
Mr. Plummer: No, wait a minute, I can answer that one, OK? The problem is,
they have to put in temporary service to provide the adequate need that will
be generated. The problem, believe me, I know, that temporary service, if it
starts to rain, has to be shut down for safety reasons and you can't wait an
hour for him to come from home or two hours to come back there, because you
could have a number of people injured or killed.
Mr. Dawkins: What do you call temporary service aide? - a generator that you
go out there and hook up to generate power?
Mr. Plummer: A temporary service is where they put up a piece of plywood and
they bring in new fuse boxes, temporary fuse boxes, and they generate the
additional service as needed, OK, and it is not waterproof.
Mr. Dawkins: And there is no place and no park where we know that we'll be
doing this, that just go ahead and put a box up there that is permanent where
all you have to do is go plug it in.
Mr. Plummer: No, because you are talking about probably three to five hundred
amp additional service.
Mr. Dawkins: OK.
Mr. Plummer: Do you know the word feather bedding? Huh? You know what killed
the railroads? Feather bedding! This is feather bedding. Now, we better find
a way or just tell people, forget about festivals in this town.
Mayor Suarez: It is particularly I think the consensus of this Commission
that we should try to promote this particular festival and this particular
park for every possible reason of improvement of the neighborhood and
everything else and it should work, Mr. Manager, with them to reduce those
costs, but unless I hear a motion other than... one other thing that we
usually do is on the solid waste removal, you are welcome to provide your own
task force group to do that, as long as you post a bond that will then be
returned to you afterwards.
Mr. Plummer: Well now, their budget they showed me is different than the one
I've got here. This budget says their total budget is $6,300. What does your
k
budget show? '
s<
Mr. Alba: We don't make the budget. You have the same budget, That's the
same thing you have here.
i
Mayor Suarez: The City's budget.
Mr. Plummer: Your total budget of the request to the City is $6,300,
223 Jury 13,0 1-449,
i
Mr. Albs: Sixty-three... Seventy four fifty.
Mr. Plurmoer: How much?
Mr. Alba: Sixty-three seventy four fifty.
Mayor Suarez: He's reading down to the penny.
Mr. Plummer: Well, I'll tell you what, OK? - I'll give you $1,000 of my
contingency if the rest of you will do the same. I think it's that
Important...
Mr. Dawkins: OK, I'll give $1,000 from mine if you make $1,000 available to
Morningside when they want to have their party and who else got a park? OK?
All right, I mean, I don't have no problem with it, OK? But there again,
let's go citywide. OK, if you are not...
Mr. Plummer: I withdraw my offer.
Mr. Dawkins: OK, no problem.
Mayor Suarez: Work it down to as low a figure as you possibly can, Mr.
Manager. What is the date?
Mr. Odio: August 13th.
Mr. Plummer: Let us know at the next meeting.
Mayor Suarez: And get back to individual Commissioners for our discretionary
funds. We don't like to handle those as we have been doing here today.
That's not the point of giving a discretionary fund, because you just put
people on the spot, but you've heard one Commissioner say that maybe he would
be willing to help and certainly, we'd be willing to help, but try to reduce
those costs, please to something more manageable.
Mr. Dawkins: But see, and we got people in here from all over the City...
Mayor Suarez: Yes.
Mr. Dawkins: ... who are desirous of using the parks, but you prohibit their
using it with these costs. They are already been taxed for the park and then
in order for them to enjoy it, they got to come back and pay another fee. I
mean, we got to find a better way to do this.
Mayor Suarez: Particularly when it's a seldom used park for this kind of an
event. There are some parks I can imagine...
Mr. Dawkins: Well, it's...
Mayor Suarez: Now, there are some parks that we are trying to get more back
into the community from the use of the park and I can think of one in
particular and I guess J.L. is trying to handle all of that in the Grove.
Mr. Dawkins: I think what the Mayor and J.L. Plummer and the rest of us are
saying, we are going to do this. How we have to it, you have to come back and
tell us.
Mayor Suarez: OK.
Mr. De Yurre: Mr. Mayor, I'll reiterate my motion to have the Manager and the
group over here get together and see how they can work it out.
Mr. Dawkins: Second.
Mr. De Yurre: So moved and seconded. Any further discussion? Call the roll,
to work it with the Manager, try to reduce the cost and see if we can...
Mr. Plummer: Fine.
Mr. De Yurre: And whatever they can't cover, that Plummer picks it up in his
discretionary.
224 July►. 1 , 19W
JIM
RAW Suares: That's additional:,.
Mr. Plummer: Did I hear a loudihouth at the other end?
Mayor Suarez: Call the roll before the two ends meet.
The following motion was introduced by Commissioner De Yurte, who teb#ed
its adoption:
MOTION NO. 89-610
A MOTION DIRECTING THE CITY MANAGER TO GET TOGETHER
WITH REPRESENTATIVES OF THE ASOCIACION COMUNAL
DOMINICANA, INC. TO TRY TO WORK OUT A WAY TO REDUCE
THE COSTS OF IN -KIND SERVICES IN CONNECTION WITH THE
"THIRD MERENGUE FESTIVAL MIAMI" SCHEDULED FOR AUGUST
13, 1989 AT COMSTOCK PARK.
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.
-----------------------------------------------------------------------
71. GRANT REQUEST BY
DIABETES RESEARCH INSTITUTE
FOR WAIVER OF
MIAMARINA
DOCKAGE FEES -
concerning "Third Annual
Catch
a Cure
Fishing
Tournament".
_
-------------- -----------------------------------------
.t
--------------------
-
-
Mayor Suarez: Item 54, Diabetes Research Institute,
are they
here?
There you
-
go.
Mr. Odio: Even if they
are not, they are requesting
$200
dockage
fee. I
recommend it.
-
Mr. Dawkins: Move it, move it.
Mrs. Ranges I'll second
that.
Mayor Suarez: Moved and
seconded. I wish this item
had not
gotten
to us, if
that's what it was.
Mr. Dawkins:
Not for a lousy $200.
Mayor Suarez:
Call the roll.
Mr. Odio: They wanted to be heard here, so that's
why I did..',' -
Mr. Dawkins:
Not if you can...
Mr. Dawkins:
They want the money.
Unidentified
Speaker: Oh, thank you.
Mayor Suarez:
Call the roll.
[
Y t
YX
j e�
x5
s
-
`the following motion was introduced by Comissioner DAVkitis, who the "d
its adoVtibtt:
MOTION NO. 89-671
A MOTION GRANTING REQUEST RECEIVED FROM THE DIABETES
RESEARCH INSTITUTE FOR A WAIVER OF THE DOCKAGE FEES IN
THE AMOUNT OF $200 AT MIAMARINA IN CONNECTION WITH THE
"THIRD ANNUAL CATCH A CURE FISHING TOURNAMENT,"
PRESENTLY SCHEDULED FOR AUGUST 26, 1989.
Upon being seconded by Commissioner Range,
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 motion was passed and
Mayor Suarez: You see, we have this funny notion that it cost more than that
for us to spend much time on this.
Mr. Odio: We cannot waive dockage fees.
Mayor Suarez: That the time is worth collectively more than that.
72. GRANT REQUEST BY ANNUAL COLOMBIAN FESTIVAL OF MIAMI "20TH OF JULY" FOR
PEDDLER RESTRICTION ORDER - concerning fifth Annual Colombian Festival at Bayfront Park (See label 78).
#------------------------------------------------------------------------------
Mayor Suarez: Item 55.
Mr. Plummer: 55 is a restriction on peddlers. I so move.
Mr. Dawkins: Second.
Mayor Suarez: Anyone wish to be heard on this item? Let the record reflect
that no one stepped forward. Call the roll on 55.
i5 }
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-672
. 3
A RESOLUTION CONCERNING THE FIFTH ANNUAL COLOMBIAN -j
FESTIVAL OF MIAMI 20TH OF JULY TO BE CONDUCTED BY THE
COLOMBIAN FESTIVAL COMMITTEE ON JULY 15-16, 1989 AT
BAYFRONT PARK; ESTABLISHING AN AREA PROHIBITED TO
RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT;
CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY.
(Note: See related R 89-683.)
`{J
r
Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
a
Upon
being seconded by Commissioner Dawkins, the resolution was
passed
and adopted
by the following vote:
40
S
i
I Ytil` C `•yf�'
GRANT REQUEST By GREATER MIAMI CONVENTION AND VISITORS BUREAU'OR STREET
CLOSURES - concerning Shriners' Convention parades.
�..� --------------------------------
Mayor Suarez: Item 56.
Mr. Dawkins: Move it with that they have to go to the Police Department and
Whatever the police approve, so be it.
Mrs. Ranges Second.
Mr. De Yurre: Second.
Mr. Plummer: They also have to indemnify the City with insurance, right? Call
the roll.
:'
Mayor Suarez: So moved and seconded. Any discussion? If not, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
:., moved its adoption:
j RESOLUTION NO. 89-673
A RESOLUTION CONCERNING THE SHRINERS PARADES TO BE
CONDUCTED BY THE GREATER MIAMI CONVENTION AND
VISITORS' BUREAU ON AUGUST 21 AND 23, 1989,
- AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO ya
THROUGH VEHICULAR TRAFFIC; SUBJECT TO THE ISSUANCE OF
5.: PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE }
CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY
AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF
CITY SERVICES.
(Here follows body of resolution, omitted here and on
= file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed `,aad ' 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.
1
AM� k i Nones x r F c•.''h°.'.,�n+- r rk r I n+' �rF, _
} s T �i �
* i � 9, i, t +ir -�aqd i x �S � ... , s r s r r ,�'r�" 1.'•p�.?'4M }'r5+� F � ��` r�-'��li""� ! '.
.�iKii1
&'4sst':• _
3,'e "i�' �.."rs t : i F a •As'�:.' S ^. �F. r ie. r # .:F k 'F'� 3dt �3;• t r �, � Sat.s "iri�: a "izr r� ,
"i, %'�`,
..� s • '� '(�+°"�'.� �� '. e�`ir'e'- t� �� ,r �a rk � � �� *i .z4 ��`„��-,'+�^"m1 � � I- M � �Y��` � " ��.i�? �','`�.- ���- .
.L�--�"rwi..1w-`.---.i'..�.�w.a+ir:.r.r--"��yi�.wi.�iL..��aL.rr.:r .:.a►a�.. ..•,
14. GRANT REQUEST BY RENAISSANCE HISTORICAL SOCIETY OF FLORIDA, INC. FOR
STREET CLOSURES - concerning 99etille Day bicentennial Ifaradea.
Mayor Suarea: 51.
Mr. Odio: 57 is also street closure for tomorrow.
Mr. De Yurres Move it under the same circumstances.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? if not, call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-674
A ABSOLUTION CONCERNING BASTILLE DAY TO BE CONDUCTED
BY THE RENAISSANCE HISTORICAL SOCIETY OF FLORIDA, INC.
TO BE HELD JULY 14, 1989, AUTHORIZING THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC;
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND
THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST
ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR
ALL NECESSARY COSTS OF CITY SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
z
;.
AYBSs 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.
t.
-------------------- ------�.-•-- --.--�..-_...----- _.__---- ._ --
75. ALLOCATE $185,000 IN SUPPORT OF EAST LITTLE HAVANA coHKUNITY DEVELOPMENT
j
CORPORATION'S LOW INCOME TOWNHOUSE PROJECT (720 and 728 S.W. 2nd Street,
'
and 996 S.W. 6th Street).
i
------------------------------------------------------------------------------
Mayor Suarez:
Item 58 is...
Mr, Odio: Is
in the matter of the $105,000 of interest accumulated and...
Mayor Suarez:
The presenters or interested parties apparently have asked that
k ;
this item be
handled a little bit later. They thought that we were going to;
get into the
issue of the Charter Review at 6:00 p.m.
„.
>'
Mr. Odio: I'm
prepared to recommend that we give them the interest back, but
I do want to
clarify that we were not ordered by the Commission, when we took
the interest
monies back to keep them aside for the East Little Havana
project. We
could use that money for anything we wanted.
'f
r,
Mayor Suarez;
That is absolutely correct. We never decided to not them;
aside, as much as I wanted to, for any of these projects. I remember,,;
a
Commissioner
Plummer was particularly emphatic on that. But we also didn't
s
e Z F
give authorization for them to be spent, Mr. Manager. I think the.,.
.i
x ok
July '1, ��$hvf
'^"
MAP
r- &,ki'a
Mr. Odio: No, they come to the General Fund. I know
Mayor Suarez: Ah, that's not my understanding what we had done at the time.
My understanding of what we had done at the time is to get that interest, put
it into an account and I think Commissioner Plummer and some of the other
Commissioners that felt that way meant to consider that for further programs
of this sort,
Mr. Odio: As the motion was passed, it did not do that, it did not contain
it.
Mr. Plummer: The motion didn't contain it. It said it, we said it, but we
didn't contain it.
Mayor Suarez: Yes, we may not have done it formally, but that was the intent.
I thought I saw it...
Mr. Dawkins: All right, hold it, I'm going to move it, but let me read what
it says, OK? - June 23, 1987. Claughton Island transfer of payment
investment income, and it goes on to say, according to the City Commission's
original resolution allocating the Claughton Island transfer of payments to
East Little Havana, it was stipulated that the investment interest earned on
the principal amount allocated would be returned to the City. However, no
mention was made in May 28th resolution as to the disposition of interest so
now we are saying that the interest should be given to them, that's all we are
saying, but they shouldn't say that you took it.
Mr. Odio: That's right, that is why I object to what Manny Rivero said this
morning in the paper. I wish he was here to tell him.
Mr. Dawkins: Now, you don't know he said that. He did say it was in the
paper.
Mr. Plummer: I'm sure he was misquoted.
Mr. Odio: Yes, I'm sure he was not.
Mayor Suarez: I think he pressed into that statement by the chairman of the #
board of the East Little Havana Development Corporation.
.f
Mr. Odio: I have a problem with her too.
Mayor Suarez: Who is also my partner and your sister-in-law, Mr. Manager.
Mr. Odio: I still have a problem with her. I've been looking for her all
day.
Mayor Suarez: She's a very aggressive young lady who tends to...
Mr. De Yurres Mr. Mayor, I'll second the motion.
Mayor Suarez: So moved and seconded. Any further discussion? Where are the
funds coming from?
Mr. Carlos Garcia% They are coming from the 1976 Housing General Obligation
bonds interest.
Mr. Dawkins; Hold it, hold it, what?
Mr. Odio: Interest.
Mr. Garcia:
bonds.
Mr. Dawkins:
Mayor Suarez:
f
§
ON1`
'Th* t6tto ring rvkblutibe was 1htt6ducLd by C dit*i6iioi DaWkifitj
Whb-
fftWOd its Ad6pti6n
RESOLUTION NO. 89-67t
A RBSOLU'TION ALLOCATING AN AMOUNT NOT TO EXCEED
$105,000 IN SUPPORT OF THE EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION'S PROPOSED TOWNHOUSE
PROJECT FOR LOW-INCOME RESIDENTS; LOCATED AT 720 AND
728 SOUTHWEST 2ND STREET AND AT 996 SOUTHWEST 6TH
STREET, MIAMI, FLORIDA, SAID FUNDS BEING THEREFOR
ALLOCATED FROM THE INTEREST EARNINGS OF THE 1976
HOUSING GENERAL OBLIGATION BONDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
t Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYBSt 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.
16. (Continued Discussion) AUTHORIZE MANAGER TO FILE APPEAL -ON-ZONING
BOARD'S
DECISION GRANTING SPECIAL EXCEPTION FOR PARKING -
to be located
at 3224
S.W. 23rd Street and 3221 S.W. 23rd Terrace
- concerning
Victor's
Cafe (formerly "The Studio) (See label 13-B).
T'
--------------------------------
--.--------------------------------------------
Mr. Plummer:
Mr. Mayor, before we go into item 60, Mr. Mayor,
I expressed at
the start of
this meeting about this Victor's Restaurant
and I totally
disagree with
this thing that's been written about the parking
and everything
and the only way that I can get that matter before the City Commission, is I
am to told,
is to instruct the City Manager to instruct
the Planning_-
�
Department to
file an appeal, which will bring that matter before us. Now, is
that needed in
the form of a motion?
Y i
Mr. Fernandez: Yes. !:
i Mr. Plummer: I would ask that that be done, and I would move that that
all"
instruction be given.
11
the following resolution Val introduced by Coftnissioner tltffieaar, Vho
Moved its adoption:
RESOLUTION NO. 89-676
A RESOLUTION DIRECTING THE CITY MANAGER TO INSTRUCT
THE PLANNING DEPARTMENT TO FILE AN APPEAL FROM THE
DECISION OF THE ZONING BOARD WHICH GRANTED A SPECIAL
EXCEPTION FOR THE PROPOSED PARKING TO BE LOCATED AT
3224 SOUTHWEST 23RD STREET AND APPROXIMATELY 3221
SOUTHWEST 23RD TERRACE IN CONJUNCTION WITH PROPOSED
RESTAURANT (VICTOR'S CAFE) AT 2340 SOUTHWEST 32ND
AVENUE (FORMERLY KNOWN AS THE STUDIO), MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
------------------------------------------------------------------------------
77. (A) DEFER CONSIDERATION OF PROPOSED CITY CHARTER AMENDMENT FOR A STRONG
MAYOR FORM OF GOVERNMENT TO AN ELECTION OTHER THAN NOVEMBER 7, 1989 (See
label 81).
(B) INSTRUCT CITY ATTORNEY TO DRAFT AMENDMENT TO CITY CHARTER CONCERNING
RESTRUCTURING OF CITY GOVERNMENT:
Increase Commissioners from 5 to 9, some to be elected from
single -member districts (See label 81).
(C) Clearly delineate district boundaries for the benefit of voters
(See label 81).
(D) Provide for formation of boundaries committee to consider and
recommend new boundaries following each federal decennial census
(See label 81).
(E) If amendments are approved, implementation to be November 1991 -
All 9 members to run for office at the same time - City Commission
will designate which seats are to run for two or four years (for
staggering of terms) (See label 81.)
(F) Commissioners' salaries to be $37,000 per year, the Mayor's to be
10% higher - Institute automatic yearly salary adjustment
mechanism (See label 81).
Mayor Suarez: On item 60, in an effort to have a little quiet in the back
there with Tucker Gibbs and Mr. Portuondo and company, perhaps Mr. Portuondo,
since you chaired the committee, do you want to make any kind of a statement
at all on the recommendations, or I guess they are self-explanatory, but you
t i 1 it bl f
are cer a n y
ava a e or questions, etc. Madam City Clerk,
would you
-R
also... would
anyone that wishes to make any kind of statement or
address the
Commission on
these issues, fill out one of your little forms?
I know that
,a
Tony wants to
address this and I presume that Judy, Cathy, whoever,
so that we
have an idea how many speakers we are going to have... Don. I see
somebody its
f
jumping right
into a map of the City. I presume that means...
'
,
Mr. Joseph Portuondo:
explain...
Mayor Suarez: How about five minutes?
Mr. Portuondo; Five minutes.
drawn, because I'm being
ten minutes,
t I do want to 4
i,
P71
I do
want
to explain
how
the lines teem to be
asked
that
question
by
very many people.
J y 1
3, 1989
Essentially, if I can summarize, all of you have read the report, obviously.
We tried to achieve the following goals for the City of Miami, and that is a
balance between the citywide interests and the neighborhood concerns, a
balance between the Administration and the legislative aspects of the
government and also we wanted to make the Administration of the City directly
answerable to the voters and what we came up with of course, the four -five
plan and the executive mayor plan. Essentially I want to take most of my time
today to explain how the lines came to be drawn because that's the area that
most people have been asking me about. The guidelines...
Mr. De Yurre: Mr. Mayor.
Mr. Portuondo: Yes.
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: Yes, one thing that I would like to maybe shift this around a
little bit. I have a concern, and my feelings on the districts and how it is
going to be handled, has a bearing on the strong mayor form of government and
because my feeling is that if we have a strong mayor form of government, the
way it's been explained to me, and we have a nine member Commission, the Mayor
would not vote; however if the strong mayor form of government doesn't pass,
then what impact would that have on the Commission itself?
Mayor Suarez: How about that question, if the City Attorney or Mr. Portuondo,
anybody can answer, how can we state these, assuming that they would be
separately on the ballot, which is I guess your assumption.
Mr. De Yurre: Which is, I think that's where we are leading to.
Mayor Suarez: Well, maybe we ought to take that question first. Maybe we
ought to take that question first, if it's OK, Mr. Vice Mayor, because it's a
sort of a premise of your question. Mr. City Attorney, I know you told me
privately that you felt, and I presume you told the rest of the Commission...
I think you had a chance to meet with Commissioner Range, right?
Mr. Fernandez: Yes, I've met with all of you.
Mayor Suarez: That you felt that legally these two basic proposed reforms
would have to be separately on the ballot, or...?
Mr. Fernandez: I did not state it that emphatically, not withstanding what
The Herald might have said. I've said to you that that would be my
recommendation to you as the most conservative and in my opinion, the beat way
to proceed.
Mayor Suarez: Why?
Mr. Fernandez: For a number of reasons. First of all, the single subject
requirement, we have that requirement in our Charter. Our Charter tells us in
Section 4-F, that we are confined to one subject which shall be clearly
expressed in the title of the resolution, of the ordinance that we pass.
Mayor Suarez: Ah, but that doesn't speak to Charter members, does it?
Mr. Fernandez: It speaks to everything and you will making this by way of a
resolution. Whatever appears on the ballot would first have to be a
resolution itself.
Mayor Suarez: But that section, doesn't that section deal with ordinances and
resolutions and other action by the Commission?
Mr. Fernandez: Yes, it does.
Mayor Suarez: Does it speak at all to Charter amendments?
organic changes of...?
In other words,
i
Mr. Fernandez: Not necessarily, not necessarily. But that I'm...
Mayor Suarez: So there is some doubt on that issue at least, How about, you
said something about the State also, State Constitution having some single
subject provision of some sort?
232 July 13, 1909
Mr. Fernandez: The single subject requirement that clearly in the case lap
that has arisen interpreting this item, the single subject requirement, the
test for it is whether the citizens have an ability to vote and clearly have
a choice without putting everything in an umbrella and forcing them to vote
for a subject just so that they can get that portion of it that they want so
that the other one also gets in. In other words, affording the citizen a
clear option.
Mayor Suarez: In what situation does that speak to, to charter amendments of
the various cities of the State, or does that speak to other, or State
constitution amendments, or what?
Mr. Fernandez: That speaks to anything. That's speaks either to citizen
initiative, or to legislative changes that amend the constitution or in this
case, the Charter. Another reason for my suggesting to you that these two
issues be on separate questions on the ballot, is because it impacts on two
separate functions of the government, the strong mayor clearly becoming, or
the executive mayor addressing the issue of the executive functions of this
government, substituting the Manager and the increase in the number of City
Commissioners and the method by which they are elected certainly being the
legislative, and so because there are two functions of government, two
separate and distinct functions of government be affected, my better
interpretation of case law is that that would also necessitate these two items
being separate questions on the ballot.
Mayor Suarez: I guess the Vice Mayor was getting ready to ask a question on
the premise of having the two issues separately and I think... and then
Commissioner Range wants to intervene.
Mr. De Yurre: OK, my feeling is, and I want you know, to get a feeling from
the Commission whether we want to put that issue on the ballot or not. Then
if we do want to put it on the ballot, then we have to proceed with the
ramifications of that question being on the ballot as it impacts on districts.
Mrs. Range: May I?
Mr. De Yurre: You may go right ahead.
Mrs. Range: I'm of the strong opinion that if this goes on the ballot, it
should certainly go on in two segments, simply because if we have it all in
one statement then the voter who wishes to have a strong mayor, but not to
change the Commission number would have to sacrifice one or the other, if it
has to be in one ballot. He either says yes, or no and gets what he wants in
one instance and what he does not want in the other instance. It holds true
the other way around, for those who want a larger Commission and would want
the weak form of mayor, the same thing would hold true. Consequently, I feel
the only way to be fair to the voters is to put them on two separate
questions.
Mayor Suarez: As a matter of policy even aside from the issue of the
legality, OK, which also might require that anyhow, at least as a City...
Mr. Plummer: Well, I'm understanding, are you saying, and I just walked back
in, you are saying that one issue would be the strong mayor and all
surrounding and the second issue would be the makeup of the Commission.
Mrs. Range: Yes.
Mr. Plummer: Well, I was told by the City Attorney that legally that had to
be.
Mr. Fernandez,: Correct. What I told you would be that that would be my
recommendation to you today. I also stated to you and to all of you that...
Mr. Plummer: Wait a minute, wait. You went a little stronger than your
recommendation.
Mr. Fernandez: Yes.
Mr. Plummer: You told me that legally it had to be that it was two separate
entities. Now, there is a difference between being legal and your
recommendation.
233
July 13, 1969
Mt. Fernandez: No, no, there is no question that I definitely have strong
feelings this way, but it is not my job to express my feelings, certainly not
on the public record. When I met with you, I told you that that was certain,
that's the way I feel, that's the way I think.
Mayor Suarez: But we're interested in your feelings not on the policy aspects
of it, your feelings on the chances that it would...
Mr. Fernandez: Exactly, exactly.
Mayor Suarez: be... right, upheld legally. Are they strong feelings in that
sense or not? Because you said that I was emphatic when I stated it.
Mr. Fernandez: I would feel much more comfortable...
Mayor Suarez: Now you are telling him, that a Commissioner was saying that
you were very emphatic when you told him that it was not legal to... that it
would not be held to be legal to put then together. Now, which is it?
Mr. Fernandez: It would not be illegal. It will be subject to a challenge,
to a single subject challenge that would, in my opinion, not be as defensible
as if we were challenged having two single questions on the ballot, therefore
my recommendation to you, emphatic, privately as well as on the public record
is that you should go with two questions on the ballot.
Mr. Plummer: OK, just for the record, when this Commission made its
commitment or at least let me speak for this Commissioner, for that group
which came down here, the only subject discussed at the time, was the subject
relating to the Commission. It did not speak to the strong mayor, so in fact,
I look at it as two different subjects. My commitment to the public was that
of putting something on the November ballot in relation to the potential
change, or altering of the Commission. We told the Ad Hoc Committee that they
were free to discuss any issue they want, but this Commissioner did not make
any commitment to the public about a strong mayor. We can still consider it
and if it wants to be discussed, but that is not my commitment.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: OK, legal or illegal, if it comes up, I am only voting for two
separate questions. I'm not going to vote that it put on as one question. So
now, you can discuss it from now until in the morning. OK, all right, but I
have to tell you now, we don't need to discuss this for vote any further. I'm
voting for two items or no items. But no, I am voting for two items because
I promised the voters we are going to put it on there, so I am going to vote
that we put on there as two items.
Mr. De Yurre: But the whole issue is, do we want two items on the ballot at
all. I mean, and I want to get the feedback so I can. understand what's going
on as to whether we want to consider the strong mayor to put it on the ballot
or not. Do we have three votes to here to put on the ballot the question of
the strong mayor, and that's the whole bottom line, but what I am looking for,
and if there is, then we have to deal with other questions that affect
districts because of the strong mayor concept.
Mayor Suarez: It certainly gets a lot more complicated if we are going to
have both of the reforms on the ballot and so it makes sense, unless there is
a clear consensus... well, it makes sense to have the Commission express its
views as to whether it wants to have the executive mayor issue on the ballot
at all. If not, then the whole thing is a lot simpler as to the other issue.
Mr. Plummer: Then we are down to a single issue.
Mayor Suarez: Right, it becomes a single issue.
Mr. De Yurre: And let me, and I'll start speaking about it. You know, I feel
that the district issue, it's a toss up when you go throughout the community
to see if you know, if the people want it or not. The strong mayor, there is
no community that I find where there is a consensus of any significant amount
that they want the strong mayor and that's at least the impact that I have and
I, you know, to put it on the ballot when I don't think it's going to pass,
I'd be inclined not to vote for it and maybe just provide the whole concept of
234 July 1.3, 1989
districts and concentrate on districts, which is I think what has the more
viable shot of getting through. That's just, you know.
Mrs. Range: It is been my experience in all of the meetings I've attended
that both issues were discussed. I think it is the general conception of the
public that we are voting, or we are interested in increasing the Commission
and whether there is to be a strong mayor or not. Consequently, I think this
is how it came about with my discussion with the City Attorney, but I felt
that these two things had to be separated into one question.
Mr. Plummer: Excuse me, Athalie...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Here again, let me reiterate what I said before. At the
commitment of this Commission at the public hearing at the time that this
thing came about, there was no discussion in reference to a strong mayor, OK?
So the issue before this Commission and the commitment which we have to the
public to put something on the November ballot only spoke to the Commission.
It did not speak to the strong mayor. The concept of the potential strong
mayor was when we were asked, was it all right for the Ad Hoc Committee to
discuss it and we said you are free to discuss anything you want. Now,
whether or not this Commission wishes to pursue that, is a different story,
but we do have a commitment as it relates to the makeup of the Commission.
Mayor Suarez: And let me say this, one reform that was carried out last
November, I guess it was, the four year term for the Mayor was handled totally
by itself on the ballot and I think it was a very clean question for the
voters, yes or no. As such, perhaps it might make sense as we begin to delve
into the issue of changing the form of government of the City of Miami, to
concentrate in one election on one issue and if as you say, Commissioner, the
community consensus is, and I'd like to hear from anyone that doesn't agree
with this statement, because I think it is proper before we drop that concept,
but if that is the consensus, then we probably ought to concentrate on single
member districts, I know, or expansion of the Commission as you called it,
which might include some single member districts. I know Mr. Portuondo, the
committee did make a recommendation and presumably by a majority vote on the
executive mayor and as such, I think you ought to at least make that
recommendation and put it on the record.
Mr. Dawkins: As I'd like to say, hold it.
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: I feel the voters should have a choice and you should put both
items on the agenda, if you want to, because, after all, we the voters will
decide, I do vote, but I cannot, in any... I will be voting against the strong
mayor. I don't have no problem with saying that, because the board that we
asked to come back with a recommendation has eliminated the use of any
Commissioners. The strong mayor will do this, the strong mayor will make the
budget. The strong mayor will hire and fire, I mean the executive mayor will
hire and fire. The executive mayor will do this. You don't need no
Commissioners and I intend to preserve my seat. I'll be voting against it
because, it's just... but there again, I am only one vote in the whole City of
Miami, so both of them should be put on the agenda and let the citizens make
up their minds.
Mayor Suarez: On the ballot you mean.
Mr. Dawkins: On the ballot.
Mr. Portuondo: If I could just be heard for one moment. I'm sort of at a
loss as what's going on here, but essentially, if you... I mean, it's been a
tough two months, Commissioner, I've done the best I can. Essentially, if you
were look at the 50 major cities in America, you would see that there would be
a wide range of urban governments. One urban government, for example, Dallas,
Texas has over 1,000,000 people and they have a manager council form of
government like Miami has, all right? The population of the city does not
determine whether they have a mayor council government or a manager council
government. It's the form that you want to chose, but to me it makes no sense
to split the issue on the ballot. If you wanted to propose to the people of
Miami a larger Commission so we could have more representational manager
235 July 13, 089
council government, that's one thing, but I don't think it makes any sense to
have a Chinese menu whereby you can pick one from column A, two from column B.
There were a total of about 22 recommendations, if you wanted to carry the
single item ballot law to its logical conclusion, you would have to have 20
something questions on the ballot. Well, what I'm saying is, if you have to
decide what government you are going to put before the voters and put that
before the voters, but don't make a ballot part of a Chinese menu. I think if
you were to compare the City of Miami with other major municipalities in
America, you would find that I think about two-thirds have executive major
council situations. That's a lot of... I'm not criticizing the present
government. I'm saying you have to chose what you are going to put before the
voters, but I don't think you can just tell them, chose one of a thousand
different possibilities. I don't think that makes any sense, so that's all I
am telling you, I am not taking a position. My position is with respect to
what is written in the report, I don't plan to go beyond that, but the
committee recommended a one item change, that is, the voters are going to
take a very simple issue in November as the report is written, that is, should
the City of Miami retain the council manager form of government or should the
City of Miami adopt a mayor council form of government, period. It's not any
more complicated than that.
Mr. De Yurre: No, but it is very complicated when whether that passes or not
has an impact on how the Commission is going to be shaped, because we may
have, if it passes, we will not have a Mayor that's going to vote and he will
not be part of the odd numbered Commission and you know, it depends, and if
not, if it doesn't pass, then where is he going to be? Now he votes. Now, is
he part of the at -large that you are proposing, is he instead of having...
Mr. Portuondo: No, that's... you are making my point for me. I mean, what I
am saying is, you can't let the voters pick and chose among an entire change
in government. For example, some voters might want the Mayor not to have a
veto, but the veto is included as a necessary part of the package.
Mr. De Yurre: I'm not talking about the concept within the strong mayor form
of government. I'm talking about the actual impact of whether it passes or
not on the formation of the Commission itself. He may be on it, he may not be
on it. Then maybe the voters don't want him to be on it, or they do want him
—� to be on it, and that has an impact on their vote.
Mayor Suarez: Yes, if you pass... what he is saying is, it's a logical point.
If you pass executive mayor, meaning the mayor doesn't sit on the Commission,
you can have a certain number of Commissioners and still retain an odd number.
If you don't pass the strong mayor form of government, he sits on the
Commission or she sits on the Commission as is now the case and you have an
even number of Commissioners other than the Mayor, so what...
Mr. Plummer: That may or may not have a vote.
Mayor Suarez: Right, so plus that, I mean, your recommendation for both items
included a recommendation that the Mayor not sit on the Commission, correct?
Mr. Portuondo: We recommended a change in government as presented.
Mayor Suarez: No, but as to that particular point, that the Mayor not sit on
the Commission, right?
Mr. Portuondo: Yes, exactly. That's a classic executive mayor,
traditional...
Mayor Suarez: As an executive mayor, which is I think the more typical way of
having an executive mayor.
Mrs. Range: I think...
Mayor Suarez: I was just going to say that maybe really the most basic
question that this Commission ought to decide just to simplify the discussion
is whether it wants to, as a majority of us, and we'd take public input on it,
want to consider on this November the change to an executive mayor form of
government or not and if we don't want to consider that for this November, a
majority of this Commission with public input, we can drop that and then the
matter becomes definitely simpler.
Mr. Portuondo: Yes, I can read that...
Mrs. Range: What does it charge?
Mr. Portuondo: I can read you that, Commissioner Range. It says the
cottimittee shall review the concerns expressed by the City Commission in regard
to the district system of electing City Commission members as well as other
questions in connection with the governance of the City of Miami, including,
but not limited to adoption of an executive mayor form of government.
Mrs. Range: I see, so you did give as much time to the strong mayor as you
did to the districting, did you not?
Mr. Plummer: That was an afterthought.
Mrs. Range: That was an afterthought?
Mayor Suarez: It was very secondary.
Mrs. Range: I see.
Mr. Portuondo: Neither stands on it's own weight. I mean, they are both a
package. You can either.... it depends on submit five forms of government to
the electorate, four, three, two, one,
but you have to submit something
and
you cannot, in my opinion, tell the voters, pick the kind of government
you
+.'
want in a Chinese menu fashion, because
what could happen the way that I
am
hearing the proposal to the electorate
is, they could turn down the strong
mayor, vote for the districts, and then you'd have no mayor. I mean, you have
Y
to pick the government that you are
going to let them vote on as
an
alternative to the present system and go
with that. If you don't want to
put
the executive mayor on that's fine, but
that's your choice, that's what I
am
saying.
Mrs. Range: So what you are saying is, that we can go with 7 or 9, however
many Commissioners you want and still not consider the strong mayor.
Mr. Plummer: Of course.
Mr. Portuondo: Exactly.
Mrs. Range: You can do that.
Mr. Portuondo: The City of Nashville has 40 Commissioners. You can pick 40
Commissioners. I mean, it just depends on what you want.
Mayor Suarez: Do they have a city council manager form of government, the one
you just referred to, Nashville?
x
Mr. Portuondo:
They have a mayor council form of government, that
council
F
t
consists of 35
district councilmen and five at -large.
Mayor Suarez:
But is the Mayor the administrative officer?
Mr. Portuondo:
Yes, executive mayor.
e
Mayor Suarez:
So it is sort of like an executive,
Mr. Plummer: Jacksonville has 19,
Mr. Portuondo:
Yes, Jacksonville has 14 districts, five at -large.
t�
`
Mr. De Yurre:
You know, I think that, as far as I am concerned, I think that
the safest and
more logical way to go is to provide districts. The
issue of
the districts
and once that form of government is established if it's changed'
to go into districts, then we can come back in two years and say,
hey now,
with this form
of government, do you want the strong Mayor?
F y
Mayor Suarez;
Well, in the absence of any...
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z
23t�9
f
�}i
Mr. Portuondo: See, what you would be proposing, Commissioner, with that plan
is you would be proposing a three at -large, five districts and one Mayor.
Mayor Suarez: Well, he hasn't got to the number. He is just talking about
the issue of district elections for some or all of the Commission and we have
to move on. Without considering executive mayor is what the Commissioner is
proposing, the vice mayor is proposing. Commissioner Dawkins I think
indicated that he'd like both general issues to be on the ballot although he
doesn't favor executive mayor, but separately, and the rest of the
Commissioners haven't expressed themselves, so unless I have...
Mr. Portuondo: Can I say something about that? This thing has so many
factors involved with it that no one person could ever like everything that's
recommended. I was on the committee, I read the report and a lot of my views
on some very major items are not on the report, so no one, everyone is going
to have an opinion that maybe the mayor shouldn't do this or the council
shouldn't do that, but you have to come up with a government as an alternative
to the present one and submit that as one item to the electorate. You cannot
have them pick and choose...
Mayor Suarez: And you think, by the way, on that issue that if you submit one
government with these two important features, that it would withstand legal
challenge, as an attorney?
Mr. Portuondo: It has many important features. It has more than two
features, it's got 20 features. I mean, you can have a system...
Mayor Suarez: I see, and that's why you think you can get through the one
subject requirement? Or you don't think the one subject requirement applies to
this.
Mr. Portuondo: I mean, I am saying that you can prepare a ballot item with 22
changes, or 25 different changes...
Mayor Suarez: I mean, this is unfair. I'm asking you a question as an
attorney and you are not hired to be our attorney, but do you think it would
withstand legal challenge as one reform on the ballot with the recommendations
of the committee?
Mr. Portuondo: To me nothing else makes sense. As a lawyer 1 would advise
that.
Mayor Suarez: OK.
— Mr. Portuondo: But that's just my own personal opinion without having you
know, spent a lot of time in the library. What I am saying is, you've got to
pick an alternative, whether you want no strong mayor and 40 commissioners,
that's fine, put that on the ballot. I'll give you an example. There are weak
form of mayors where the mayor gets to appoint the manager. There's all sorts
of combinations you can come up with, but the worst thing you can do is put
you know, if you vote for A, you can't vote for B, you must vote for C type of
s situation, but now, that's the worst of all worlds.
Mayor Suarez: Yes, that does get confusing. If we were to go to the two
issues separately on the ballot, I have feeling that might be the most
confusing of all, because you'd have to place things in the alternative, if
one passes, but B doesn't pass, then you have a certain number of
Commissioners voting, that might not make much sense.
Mr. Portuondo: Everybody on this Commission has got to remember what happened
the last time it was proposed.
a
Mayor Suarez: Yes, it might be that at that point, with those alternative
kinds of wording and I guess this Commission has to come to grips with the
question with what exactly it wants on the ballot and on that score, I am
disposed now to simply, and by the way, Bill Perry was also on the committee.
} Are any of the other members, Manny, you were on the committee? If any of you
at any time would like to either dissent or agree or further enlighten us on
what the committee's deliberations were like, or your recommendations, please
do so. In the meantime, I am going to follow, unless any Commissioner wants
to make any kind of statement, follow the requests to be heard as I receive
them, which...
238 July 13, 1989
Mr. De Yurre: The only issue that I have again...
Mayor Suarez: Mr. Vice Mayor.
Mr. De Yurre: ... is that in order for me to make up my mind as to what I am
going to do with districts, you know, the strong mayor is going to have an
impact. Now, if you put it under one question, then that takes care of that,
but if we are all, and there is a consensus here of having two questions, I
don't see the logic and how it can really function for it to present the
voters with two questions, because it is going to impact, the strong mayor's
going to impact directly on the districts.
Mr. Portuondo: You can't logically do it with two questions. It was done
before and it was criticized. Now the argument against its defeat, primarily.
Mayor Suarez: I'll say this. It seems like we agree on one thing, so far,
from what I've heard and I haven't really heard from every Commissioner, we
agree on one thing, which is that if we choose to try to go to an executive
mayor and single member districts, that those should be on the ballot
together, because otherwise, the confusion will be great. You are going to
have to word things in the alternative. If we choose to simply put on the
ballot single member district• expansion, that resolves the issue of having or
not having executive mayor on the ballot.
Mrs. Range: I think it becomes very confusing to the electorate to have both
questions on the same question. You are asking two questions almost in one
sentence, or one phrase and it simply cannot be done. Do you wish to have
districts, and do you wish to have a strong mayor or a weak mayor, and again I
repeat, if you wish to have districts, but you do not wish to have a strong
mayor, then how can you vote? How can you vote?
Mr. Portuondo: Well, because...
Mrs. Range: How can you vote? It's two questions and you've got to have one
answer.
Mr. Plummer: I'll tell you how you vote and that is if we right now eliminate
the discussion in reference to the strong mayor, defer it to a future time.
That's one way of doing it.
Mayor Suarez: That's what I was suggesting, maybe...
Mrs. Range: That's about the only way.
Mr. Plummer: No, I'm saying, you said it couldn't be done. I'm saying that's
one way to do it.
Mayor Suarez: Yes, it is either that, or putting them together, I think,
because otherwise it will be so confusing to the voters. But anyhow, I think
we ought to listen to from the public as to their views and we have Clarence
Patterson first. Mr. Patterson, former director of Solid Waste.
Mr. Clarence Patterson: Thank you, Mr. Mayor, members of the Commission, I am
—
speaking as Clarence Patterson, taxpayer, City of Miami, and I reside at 661
NE 53rd Street. I am not here representing any particular group today, but I
do want to speak on the single member district and I go back for some time and
there have been a number of us that have been very actively involved in single
_
member districts long before this became an issue that this Commission of
-
course, was willing to tackle, along with Dr. Perry and a lot of others who
have served on this committee to put this together.
t;
Mayor Suarez: I'm sorry, Mr. Patterson, we are not taking away any of your
y
time, but I am going to limit to four minutes for initial presentations in
hopes of getting through all ten of these, so...
;t
Mr. Patterson: You took up two of them.
Mayor Suarez: No, no, beginning now, beginning now. We accept your
introductory statements.
239 July 13, 1909 ,
'
i
Mr. Paterson: I was going to stand here and ask you, Mr. Mayor and members of
the Commission, by all means if you were going to proceed with both of these
issues on the ballot and I think Commissioner Plummer pointed it quite well.
Initially, what was before this Commission was single member district, and not
the other issues that came up at a later time and that is what we have worked
on, those of us that were interested in single member districts. I would urge
you to separate the two issues if you are going to put the two on the ballot
at this time; in that you are thinking about putting the two of them on the
ballot at this time, you would have to be very careful in the wording, and how
it is worded so that the citizens would not be confused and it would be clear
s. in terms of what they are voting on, so... also, there are others that will
perhaps talk to you about the districts and how they are drawn in terms of the
boundaries and etc., but I am not speaking at that point of it this time. I
am here to urge you to separate the two issues if you are going to put them on
the ballot at this time and you may have to reword the ballots so that
citizens are perfectly clear in terms of what they are voting for. Thank you.
Mayor Suarez: Thank you. Tony Muniz.
Mr. Tony Muniz: My name is Tony Muniz, Antonio Muniz, the address is 1822
Chucunantah Road in Miami. The reason I'm here tonight is because I took the
time to participate in the meetings that the Charter Review Committee held in
three different locations and after reading the report I have to be very
critical of this committee in the way that they set up the boundaries of the
districts. I was reading The Miami Herald this morning and they were saying
that there were three districts that had an overwhelming majority of Hispanic
voters and two that were a majority of black voters in those two districts.
According to my study, I find that two of the districts an overwhelming
majority are Hispanics. In one of them, the green district which covers part
of Coconut Grove and part of Little Havana, that district definitely is not a
Hispanic district. That district has only a 37 to a 40 percent of Hispanics
within that district. If we go by the population of the City of Miami, we
will find out that 60 percent of the population is Hispanic in this City. If
we are going to draw these districts into five districts...
Mayor Suarez: You are talking now population, not registered voters.
Mr. Muniz: Yes, sir. One man, one vote representation. If you pay taxes, you
are represented.
Mayor Suarez: I'm sorry, I'm not trying to argue with you, Tony, you are just
clarifying. You are talking people who live in the City, not by registered
voters, right?
Mr. Muniz: People, population, not registered voters. The Hispanic community
is approximately only 40 to 41 percent of the registered voters in the City of
Miami. Therefore, what I read in the paper today and what I have been reading
in the paper in the past, I consider it completely wrong. The facts are that
that district is not Hispanic, so therefore if those borders hold and this
Commission approves that map, the Hispanic community would be disin... I'm
sorry, it is a word I can't...
Mayor Suarez: Disenfranchised. I'm jut saying the word. I don't necessarily
agree with you.
Mr. Muniz: Disenfranchised, because it would only account for 40 percent of
the vote in that new City Commission in the single member district.
Mr. Plummer: Question.
Mr. Muniz: Yes, sir.
Mr. Portuondo: Can I clarify that for a moment? He is operating under...
Mayor Suarez: You want to throw your figures if they are not the same as his?
Mr. Portuondo: Yes, the are wrong. First of all, the article in The Miami
Herald is wrong, they have the lines drawn wrong.
Mr. Plummer: What else is new?
240 July 13, 1989
Mr. Portuondo: Also, when they talk about Hispanics, they talk foreign born
Hispanics.
Mayor Suarez: Well, as the registered voters are counted as Hispanics by the
Division of Elections of the County.
Mr. Portuondo: That's... exactly. The foreign born registered Hispanics, if
you include the so-called American born registered Hispanics, it is
predominantly Hispanic.
Mr. Muniz: No, sir.
Mr. Dawkins: Mr. Mayor...
Mr. Muniz: I haven't seen any figures anywhere that will tell me a certain
percentage of Hispanic voters that were born in Miami or anywhere else in the
States is Hispanic, or was born somewhere, who knows? The Elections
Department doesn't give any figures as to what percentage of those voters were
born outside of the United States.
Mayor Suarez: OK, Tony...
Mr. Muniz: I mean, were born inside of the United States.
Mayor Suarez: We are not necessarily accepting his figures. It is true that
the Division of Elections counts people born in this country of Hispanic
background and Hispanic parents as, if they are white, as non -Latin whites, so
what he is saying is, that there may be a number out there, I don't know if
anybody's ever done a good rigorous count, but you are both right. You are
going with the registered voter's figures, he's going with some estimate...
Mr. Muniz: Nobody can give me sir, the amount of voters. That percentage
that you are talking about, some people say 10 percent, there may be five,
there may be two, one percent.
Mayor Suarez: I don't know that anybody's ever done a rigorous counting, you
are right. Commissioner Dawkins.
Mr. Muniz: Another point is, on that orange district...
Mayor Suarez: Oh, I'm sorry.
Mr. Muniz: Another point is, on that orange district, if I may, the orange
district, I count the non -Latin whites registered voters there, as 35 percent
and Hispanic 18 percent. In the newspaper...
Mayor Suarez: I'm sorry, the red, or the...?
Mr. Muniz: The orange one in Northeast Miami.
Mayor Suarez: Oh, the orange, OK, right.
Mr. Muniz: If we go by this here, my study shows that a non -Latin white
running in that district with Hispanic support, will win that election, so you
can take that one district out of the black district. You were counting two
districts as being black. I count that district as not being black, northeast
section of Miami.
Mr. Portuondo: First of all, again, the same...
Mr. Dawkins: Hold it, Mr. Mayor... a
Mayor Suarez: Wait, wait. F
{ Mr. Dawkins: Hold it. Mr. Mayor...
Mr. Portuondo: I thought they were asking for I'm sorry.
Mr. Dawkins: No, no, no, please have a seat sir. OK, thank you, and then go
right ahead.
Mayor Suarez: Anything else, Tony?
Mr. Dawkins: You got ten people at four minutes, that's 40 minutes. If he is
going to rebut each one of them, that's 80 minutes.
Mayor Suarez: No, it was going to be a clarification. Go ahead.
Mr. Muniz: The last thing I wanted to say was that reading through this
report, I see a lot of input that this committee received from a coalition of
neighborhood associations. I don't see one single Hispanic association named
in this booklet. So, I just... that may be your opinion, sir, but I just
don't see it here.
Mr. Plummer: Well, but wait a minute.
Mr. Muniz: I just don't see it here)
Mr. Plummer: That's not fair now. What you are saying is, or what you should
be saying, is that everybody had to right to go to public hearings and if they
did not choose to go, that was their prerogative.
Mayor Suarez: And I don't know that there is any association as yet, in the
City, at least neighborhood associations that are identified necessarily by
the ethnic background.
Mr. Muniz: I took my time to draw up boundaries for four districts in the
City of Miami. I took my time...
Mayor Suarez: Do you have overheads for those, in case we ever need to make
reference to those?
Mr. Muniz: If you want to, I only have one I can leave with you.
Mayor Suarez: Transparencies, whatever we call them. What are the rough
outlines of those four Tony? - so you can complete your presentation. What
are the rough outlines of those four districts that you think are, you were
telling me today, or yesterday that they...
Mr. Muniz: As I said, Little Havana, downtown, as one district. You have
Coconut Grove as one district, you have Northeast and Liberty City and
Overtown as one district and you have Flagami and Allapattah as one district.
Mayor Suarez: And you prefer that to this distribution? For what reason?
Mr. Muniz: This was done sir, in 1982 when the issue came up the first time.
At that time, I followed the tract, the 1980 census. That has changed, I
didn't have the time to do it, so I don't know if these four districts at this
particular time, they go along with the populations, the number of people that
live... you know, the four have to be more or less closely...
Mayor Suarez: Yes, there may be some changes in 1982. Any particular reason
why you would favor tat one over this?
Mr, Muniz: Because in this particular one that I did, even though the
Hispanic population in the City of Miami was 60 percent of the population, and
even more, with these two districts, with the four districts, two being
Hispanic, one being black and one being a non -Latin white, I thought that 50
percent of the districts being Hispanic and assuring the...
Mayor Suarez: A Hispanic majority, by the way, because no one owns any
districts here.
Mr. Muniz: Of course. You would assure a non -Latin white seat in the
f` Commission and you would assure a black Commissioner on the Commission also.
Mayor Suarez: So it would be a two -one -one split, if you look at it in the
ethnic way. OK, thank you.
k, 242 July 13, 1989
A
r
Mr. Muniz: And that would be fair. Thank you.
Mrs. Range: Mr. Mayor, as the next speaker is coming, I'd just wanted to
observe, the districts the way they are gerrymandered at this point, t think
will be ineffective by the time, if we ever get to the point of districting,
because we are going to have a census in 1990 and that's going to make all the
difference in the world.
Mr. Plummer: It sure is.
Mrs. Range: So I don't think we need to spend too much time on being fussy
about districts right now because we are going to have changes.
Mr. Dawkins: Mr. Mayor, ask Mr. Portuondo to take notes because as the
chairperson, he should be allowed time to rebut what's being said at the end
of it.
Mayor Suarez: Surely.
Mr. De Yurre: If I may understand what Mrs. Range is saying, are you saying
then that we propose to the voters districts, but not show them what they are
going to be right now and then...
Mrs. Range: I don't get what you are saying. Please repeat.
Mr. De Yurre: If I'm following your train of thought, we are looking at a
situation wherein with the census coming up in 1990, which we probably won't
get the results until late '91, if we were to show districts along these
lines, they may not be probably, we'll have to change them, so are we saying,
show something now, or just say, you approve districts to be drawn up just
like we do in Tallahassee, every ten years they reshape the districts?
Mrs. Range: Well, they are going to naturally reshape themselves, almost,
when the census count comes.
Mr. De Yurre: But is it fair to show something like this for example, to the
voters, knowing very well, that it is not going to be the shape of what's
going to go into effect eventually because before it goes into effect, it is
going to have to changed, because of the 1990 census.
Mrs. Range: Well, this is precisely what I am saying, Commissioner De Yurre.
Mr. De Yurre: OK, so then...
Mrs. Range: This is what I am saying, that this does not have too much
bearing on what the facts are going to be.
Mr. De Yurre: But then, do we present anything at all, or do we just present
the issue of districts to voters and say in 1990...?
Mrs. Range: That would by my thinking.
_ Mayor Suarez: That's a very interesting question. It has legal implications
_ and I think Commissioner Dawkins wants to address it and I think Mr. City
= Attorney, you ought to tell us about the legal implications of that too at
some point. Commissioner Dawkins.
Mr. Dawkins: There has to be another question on the ballot. When do you the
voters, want this implemented? Do you want it implemented in 1889, 1990 or
1991? OK, or others? I mean, in my opinion, you just can't say when this is
voted on in November, you are going to implement it, because if it goes to
nine members. You haven't voted on but five. So, this whole thing, we still
got to set up a time table of implementation. See, so now, think in terms so
you've got to put another question on the ballot so the voters can tell you
when to do this.
Mayor Suarez: Well, realistically, it probably couldn't be before 191 and by
that time, they may or may not be the new census figures, but the question is,
and I don't know that it will be an issue here, if we follow Commissioner
Range's idea that you don't specify the districts, it would be a question.
Can that be done, Mr. City Attorney? Can you...
243 July 13, 1989
Mr. Fernandez. Yes, in my opinion, you can present to the voters merely the
concept of districts...
Mayor Suarez: And then how do we go about getting the boundaries, after the
facts?
Mr. Fernandez: Yes, you can...
Mayor Suarez: Without submitting that to the vote of... by referendum?
Mr. Fernandez: In establishing also in that same Charter amendment, the
conditions of having a Commission come in with those recommendations and this
Commission setting those boundary lines.
Mayor Suarez: That would be the logical way to do it by some sort of an
advisory commission, that would then...
Mr. Plummer: Let me just speak for one. I am totally opposed to that. I
think when you go to the public, you've got to be all the way up front with
the public, OK?
Mr. Dawkins: The quickest way to...
Mr. Plummer: Because, let me tell you, I have seen even though in Tallahassee
they swear and be dammed that the districts were chosen by a computer, I've
seen gerrymandering going around a person's front door and I'm telling you, I
am not going to give any committee other than the public who vote in this town
the right to set those districts without the public having approval.
Mr. Dawkins: And the quickest way to get this defeated is not to define the
districts.
Mr. Plummer: Exactly.
Mr. Dawkins: If you don't want this to pass, you don't define the districts
and it is an exercise in futility.
Mr. Plummer: Well, to me, for my vote, to put some thing on the vote... I
said this before, so it is nothing new, I am committed to put something on the
November ballot, but I will not put anything relating to districts without the
districts being clearly defined and delineated.
Mayor Suarez: Let me say one thing to Commissioner Range, assuming that is
the consensus of this Commission that we would always have a scheme already on
the ballot so people would be aware of the districts. With the 1990 census,
like with any other occurrence that changes, or that tells us that the
distribution, ethnic distribution of the City has changed substantially, or
that just the population, because it may happen that there are shifts in
population, one district ends up being a lot bigger than the others, which is
not our intent. We can always modify to adjust to that. I guess we would
then, I guess, Mr. City Attorney, if we initially had an approval of a
specific scheme of districts then, we can't afterwards alter that, or can
we? - by a Commission that looks at population shifts and ethnic distribution
shifts and that brings back to us a whole new scheme, or could we?
Mr. Fernandez: Yes, if you go to the concept of districting, I would
_ recommend to you that as part of the Charter amendment, you provide that every
ten years after the census that there be a mechanism in place where your
boundary lines, be they four or five...
Mayor Suarez: Are you saying every ten years, of course, we are just about to
hit the new decennial census, so they would be... we don't totally ease
Commissioner Range's concerns, because it just happens that we would be
proposing a scheme that might radically be altered by the particular census
that we are going to reach in 1990, but that might be the only way to go that
I can think of and it might or might not change.
Mr. Plummer: I totally concur with Mrs. Range that the way that this town is
0- shifting in its population that setting those districts today after the 091
census- I personally don't feel are going to make a lot of...
Mrs. Range: Difference.
Mr. Plummer: ... justice doing it today. I mean, I see every one of these
areas, these communities that are shifting in their population and their
makeup. Now, you know, I'm committed to put something on this ballot. I
personally would have to say that it surely would have been better after the
'90 census, but we made a commitment to put something on the ballot this
November. Now, that's where we are in a dilemma as far as I am concerned,
because the census, in my estimation, is going to make a big difference.
Mrs. Range: Then what will we do if we present this today and then the
census comes up in 1907 Are we going to go through the trouble of
gerrymandering again? I mean, are we going to make the change in 191?
Mr. Plummer: Well, Mrs. Range, when this thing was first discussed, we are
not committed to putting on the ballot, districts. We are putting something
on the ballot. It could be a different number of this Commission. It did not
necessarily say that we were going to make districts. It wasn't said that we
were going to have so many in districts and so many at -large. We would put
something on the ballot. Nothing was specific as far as that is concerned.
Mr. Dawkins: He's right. I told you all before you left here. But you didn't
believe me.
Mayor Suarez: I know that we did one resolution that said that we would have
in November on the ballot some scheme for having district elections in the
City of Miami. I remember that particular resolution, but in any event, we
have to make that decision.
Mr. De Yurre: Well, my only concern is I think, you know, the public is going
to be mislead, if they're shown something like this, knowing full well that
it probably won't look anything at all like that, when it is implemented, but
I think if there is going to be some doubt created out there, and it is going
to create a lot of problems.
Mayor Suarez: And I'm sorry, one other point that we seem to have forgotten
in all of this, when we talk about the census, all of this is irrelevant to
the consideration that we mostly look at, which has nothing to do with the
census, it has to do with registered voters and at least that's the way I
typically look at these things and registered voters, we know the exact
number of registered voters the day we vote. In fact, the voters will know,
and if we propose a particular scheme of districts, exactly how many
registered voters of every ethnic group and so on, that are in that district,
as of the latest count, which would be, I think 30 days before the election,
Commissioner, so, the decennial census will affect maybe population shifts,
but...
Mr. Plummer: What district would the Mayor run from?
Mr. Dawkins: At -large.
Mayor Suarez: I'm just going to take my block and see if I win there.
Alexander Kelly. That's right, my wife is against this whole scheme. She's
particularly against the strong Mayor form of government. She thinks I am
going to starve to death.
Mr. Alexander Kelly: Good evening, my name is Alexander Kelly, I live at 769
NW 48th Street. Obviously I was in a different meeting than the gentleman
that spoke over there, because everyone from the black community that spoke
about this did not want a strong mayor. I don't know where you got this thing =
about a strong mayor from. I was there the whole night, and only two persons
spoke about a strong mayor. Everyone else did not want a strong mayor, so you
know, he must have been at a different meeting. Thank you.
s:
Mr. Plummer: Mr. Kelly, for the record, sir, the subject came up and we told'
them that they were not restricted from talking about it and they did talk
about it, whether it was with the public, they did speak to it in their
report. They were not bound or prohibited from speaking about a strong mayor. <<f
Mr. Kelly: Everyone
they did not want that
in the black community at Edison .High School said that
OK?
245 July 13$
Mr. Plummer: OK.
Mayor Suarez: Thank you, Do you have any...
Mr. Dawkins: Be careful, Mr. Kelly, we got two undertakers up here now.
Mr. Plummer: Yeah. You ought to hear what I'm getting now. The Cubans, they
want a Cuban undertaker up here.
Mayor Suarez: We're going to have a joint venture pretty soon, to have a new
undertaking company. Tucker Gibbs.
Mr. Tucker Gibbs: Hi, my name is Tucker Gibbs, I'm vice president of the
Coconut Grove Civic Club. I am a member of the Miami Homeowners' Coalition.
We do have Hispanic neighborhood groups and homeowners' coalitions. I'd like
to, on behalf of the Homeowners' Coalition and the Civic Club thank Mr.
Portuondo. He has done an incredible job in a short period of time, and
having said that, doesn't mean we agree with him on every issue. We would like
to see these items separated for the reasons stated by the City Attorney and
also by the reasons stated by Commissioner Range. It is a matter of fairness
and simplicity. It makes it easier for the voters to know what they are
voting for. We have some questions we'd like to address. Most of them you've
already talked about. One of them deals with the census. We've heard a lot
of talk about to deal with the census. One of the things the coalition talked
about in our meeting last night with this issue, and one of our proposals is
in the amendment to the Charter, put in the provisions that the City Attorney
talked about, to guarantee that after each census that there would be a
Commission established. If you insist on putting these orders on the ballot
themselves, allow for a mechanism for change, because if you don't, every ten
years there will be another election and there will be more confusion on the
part of the voters.
Mayor Suarez: If I may interrupt you, that mechanism for change would not
require another referendum. It would just be by Commission ordinance or
resolution.
Mr. Gibbs: Well, I don't know, and one of the things, I guess if you put in
the Charter that there will be a Charter review committee, or whatever you
want to call it, a boundary committee.
Mayor Suarez: I guess if we tell them 10 years as Commissioner Plummer was
saying, at least they know that we are not going to gerrymander for 10 years
after the approval, so they have some satisfaction in that.
Mr. Gibbs: Right. In addition, you also have people who have been elected
from those districts, theoretically if districts win, who will be on the City
Commission at that time, who will probably be very interested in keeping
districts. Maybe they won't, so there is that built in safety.
Mayor Suarez: They'll also be interested in the boundaries.
Mr. Gibbs: Yes, they will be, but you'll also have a very heated debate and
you'll be able to get something out of that debate. It won't be totally one-
sided.
Mayor Suarez: That's interesting.
Mr. Gibbs: One of the other issues were how are you going to put the
boundaries on the ballot. That was just a mechanical question. How is the
average voter going to know how, you know, what boundaries are?
Mr. Fernandez: The way that that is handled, is of course, a 75 word ballot a
cannot contain the whole story, so what we would do is, in key locations
throughout the City, specifically in City offices, we will have for voter's
inspection, the map, if in fact you with the map, as well as the little
changes that would take place in the wording of the Charter. We are in the
process, we will be amending or striking through and underlining new language
and the like. That would not be on the ballot, but that would be available to
all the voters and perhaps even published. #
Mayor Suarez: No, the actual wording changes have to be also made available
to the public, you are right, not just the ballot question, which tends to
summarize the changes.
246 July 13, 1989 k2
Mr. Gibbs: Our issue, another issue is the actual boundary lines. We have
heard about people just being disfranchised. One of the items that was talked
about in the report on page 7 was the reason for the boundaries and they spoke
about guideline encouraged... "Finally the guidelines encouraged district
plans which respect established neighborhoods or communities of similar
interests." That seemed to be the focus of the report and the Homeowners'
Coalition looked at the boundaries and the green area is predominantly where
the Homeowners' Coalition exists, although there are three groups in the
Homeowners' Coalition that exists in the yellow area. We like to think that
we are rather homogenous. We have similar interests, we have similar desires
and yet, if you look at the boundaries, you have East Little Havana included
with Coconut Grove. Now, if we are talking about neighborhoods with similar
interests, I would venture to say that Coral Gate, Coral Nook, Parkdale-
Lyndale Heights, which are in the yellow, and in the coalition with similar
interests with the Grove, Shenandoah, and the Roads, it would be easier and
would be more representative to include them and it doesn't take much of a
change. We spoke to Mr. Portuondo, he said that the boundary that we
proposed, which is 16th to I think 12th and then to lath, Joe Wilkins.
Mayor Suarez: Would you, in anticipation of other proposals that changed the
boundaries, either slightly, or substantially, Mr. City Attorney and Mr.
Assistant City Manager, were to have whatever additional schemes are proposed,
put into the same sort of a format so we can kind of visually, that is a very
good visual picture there. I mean, you can see what we are talking about. If
you could do it the same way so we can compare for the final vote, whenever,
when and if we get ready to do that.
Mr. Gibbs: And we would appreciate that, having just some input in the
drawing of the boundaries, that's not to take anything away from Mr.
Portuondo's work on the numbers.
Mayor Suarez: Well, apparently he is going to help you to come up with your
scheme, so that also can be put up there as a graphic.
Mr. Gibbs: OK, and finally we like to remind you all that putting two
questions on the ballot is a very simple thing, having a separate question for
the Mayor and having a separate question dealing with the makeup of the
Commission does not impact on either one of them. You can vote for the strong
mayor and it is not going to affect districts or non -districts. You can vote
for districts and it is not going to affect the mayor or the strong mayor and
I think for people to assert that, it is just confusing the issue. They are
two separate issues and they can be placed on the ballot as two separate
issues and we urge you to do that, to simplify it for the voters.
_ Mayor Suarez: Well, let me ask you a question and this is not taking up your
time, which is actually pretty much over. But how do you mean, I mean, if
you have both questions on the ballot and you have them separately, if strong
mayor doesn't pass, you have a particular number of commissioners, if that
_ passes. If strong mayor does pass, you have one less. Yes, you could abolish
—i
the mayor, I suppose. You have to have one more Commissioner provided, if
that strong mayor, or executive mayor doesn't sit on the Commission, so I
don't... you have to have some wording that provides for that as a alternative
scenario, don't you?
Mr. Fernandez: If both measures pass and...
Mayor Suarez: Well that is the same as having them together, but if one
passes and the other one doesn't, you have to have wording that provides for
that possibility.
Mr. Fernandez: OK, right. No, if strong mayor doesn't pass, and districting
passes...
Mr. Plummer: Then you got a problem.
Mr. Fernandez: No, because keep in mind that Commissioner from seat one is
whom we call the Mayor.
Mayor Suarez: OK, so you would be envisioning that in that situation, the
total number of Commissioners, let's say, is one less than the total provided
if the Mayor becomes an executive mayor.
247 July 13, 1989
_ -s
Plc. Fernandez: And that's where you have to make the decision of having
either four at -large, and five from districts, or continuing with the
arrangement of five at -large, of which one would be the Mayor and four from
districts.
Mayor Suarez: But it alters that. If the Mayor is, executive mayor or not,
he sits, but doesn't sit on the Commission, it alters the number of
Commissioners that could sit here, obviously, so you have to wording that
provides, but you are saying it can provided
Mr. Fernandez: Yes.
Mayor Suarez: And you don't think it will be too confusing?
Mr. Fernandez: No, correct.
Mr. Plummer: To me, the reverse, it would be an easier way to answer. If the
strong mayor passed and the districting failed, then all you are doing is
adding one more member to the Commission.
Mr. Fernandez: No, because he will not be a member of the Commission if the
strong mayor passes.
Mr. Plummer: You are adding one more member to the Commission.
Mayor Suarez: That's what he is saying. You have one more elected
Commissioner who is not a Mayor.
Mr. Plummer: That's simple.
Mr. Fernandez: We've got this right, correct.
Mr. Plummer: It's the other way around is where it gets complicated.
Mayor Suarez: Well, there is tricky wording, but you are thinking that people
understand how to work.
Mr. Gibbs: I have enough faith in the City that they can present the question
in such a way that it will be simple for the voters and the fact is, they
should be considered two separate issues. If you have to go and say that
instead of having four at -large, say three at -large, and a mayor, and don't
delineate it that mayor's going to be strong or weak or whatever. In can be
done and it's just a matter of how you all want to do it, but we would request
that you all separate the items. Thank you.
Mr. Plummer: Well, I think we've all agreed on that.
Mrs. Range: Yes.
Mayor Suarez: OK.
Mr. Plummer: If we put a strong mayor, it would be a separate item.
Mayor Suarez: H. A. Hunter, 679 NE 58th Street.
-
Mr. H. A. Hunter: I'd like to speak in favor of both single member districts
and the strong mayor. As it stands now, we have a Commission which appoints
the City Manager who is really not accountable to the citizens. I also would
like to see the districts change a little bit in the fact that there is no
majority white, non -Latin district on your boundaries there. We are 20
percent of the population of the City and we are disenfranchised totally. We
are not even listed in the report.aR
'
l
Mayor Suarez: By the way, what is the non -Latin white percentage of
registered voters in this City? What's the latest tally?
r
Mr. Plummer: Eighteen.
Mayor Suarez: No, no registered voters as...
Mr, Plummer: No, there is more than two!
iY
x
0
X
Mayor Suaret: Other than Joe Wilkii:s and Tutker Gibbs, Annette, Judyl
Mr. Plummer: I think registered voters is 18, total population is 11, is the
last I heard.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarers No way.
Mr. Plummer: Eleven? Population is 11, registered voters are...
Mayor Suarez: What are the registered voters of non -Latin whites, to they are
counted by the Division of Elections in the City?
Mr. Plummer: I through there was 18.
Mayor Suarez: You are not going to give us the 1982 figures again, are you
Tony?
Mr. Muniz: (INAUDIBLE, OFF MIKE) No, these are...
Mayor Suarers Eighty-nine? What does it say, just a...
Mr. Muniz: Non Latin White.
Mayor Suarez: Yes, air, registered voters, not population.
Mr. Muniz: Twenty-eight percent.
Mayor Suarez: Yes, that's what I thought.
Mr. Plummer: That's higher than I thought.
Mayor Suarers Because a lot of people apply the percentage of Hispanics born
here, who count, if they are white, as non -Latin whites. I don't know if they
are in between, as some of us are.
Mr. Hunter: All right, so where do we stand? As this is drawn here, we are
totally disenfranchised. We don't have a say, we are completely out in the
cold. You know, what is the district for our representation? What do we
have? We can vote at -large, we can vote in Commission and single member
districts, but we'd be deluded.
Mayor Suarez: But J.L. Plummer does pretty well at -large, that one...
Mr. Hunter: All right.
Mayor Suarez: That one district, what were the figures on that, if I may ask,
Mr. Portuondo, on that northeast district?
Mr. Portuondo: The committee didn't get into trying to decide whether a
Hispanic born American counted.
Mayor Suarez: Mr. Portuondo, what are the figures
on the northeast district
that you drew there in terms of what the Division
�a
of Elections gives us for
their district?
Mr. Portuondo: We did not count any registered
voters other than black,
because that is the only exhibit that we used in
reaching this report. We
counted blacks and everybody else.
Mayor Suarez: What is the percentage of registered black voters in that
district in what I call the northeast, the orange one here? 3
m
Mr. Portuondo: The orange, 45 percent.
<;
Mayor Suarez: OK, we don't know what the others
are, you didn't calculate r ,
I
V,
that? You don't even have a rough estimate of
what non -Latin whites and °
Hispanics are in that district as counted by the Division of Elections?
r r
Mr. Portuondo: Together, they are 55 percent, obviously, but...
249
e
Mayor Suarez: I know together they are
H.A. What is the real name, by the way?
H.A., all right. Neil Robertson.
55 percent, thank you. Thank you,
You got initials. I guess you go by
Mr. Neil Robertson: I'd request a little extra time, because I am here on
behalf of two organizations today.
Mayor Suarez: You get an extra second.
Mr.. Robertson: Thank you. My name is Neil Robertson, I live 5991 NE dth
Court, I am here as a business man from the downtown area. I'm here as a
resident of Morningside Civic area, and part of the historic district. I
f th M i ide Civic Association and the Northeast
speak on behalf o e orn ngs
umbrella group with regards to this. Let me first say that these
organizations favor the concept, both of the strong mayor, for the reasons
that we would like to elect our chief administrator and in favor of districts.
Now, our problem with this report as set forth however, is the fact that it's
just insufficient to do the job. It was improperly gone about in its
_—
preparation. It is inadequate to address the issues before the Commission
here today and it is retrospective in concept rather than prospective into the
future as to where this City is going. Let's talk a little about procedures.
Three of the five people on the commission live outside the City. I know that
is allowed underneath your rules, but it just isn't appropriate for this type
of situation. You are talking about something that directly affects the
voters of the City. Only voters of the City should have been on this
�,-
commission, as good a job as these people did in their time constraints. That
brings me to time, 33 days from the first to the last meeting to restructure
the entire government of our City, an entity that is closest to the voters.
rt ':
That's wholly insufficient input.
Mayor Suarez: Well, the County's committee has been meeting I think for six
r'
rz
Months and hasn't come up with anything yet, so I mean, you know...
Mr. Robertson: So obviously they need time, so does this committee.
Mayor Suarez: Nothing is better than this, I mean, well anyhow, procedurally,
s� a.
we understand what you are saying, and it's certainly a very valid argument
there on both counts, but we need to know, substantively what we are going to
do. The problem with inadequate input is the fact that you have here less
than one percent of the population talked about this and then you came out
with an output that in 13 pages redoes everything. There is no exhibit in
here that even addresses Anglo voters and I now understand the statistics just
weren't available. They couldn't obtain them in the time frame that you set
forth for them. There is no explanation as to the theory or empirical data as
the basis for changing to this system, but that's...
Mayor Suarez: Well, I'm sorry, if I may correct you on that, all you then
need to do is know what precincts those are encompassed by any of those
districts and just crank out the numbers from the Division of Elections and
you'll know how many non -Latin whites there are.
Mr. Robertson: I'm talking about the reasons for making the change. There
is no explanation for the reasons. What's a theory, what's a thought, why are
we doing this? Two of your individuals were unconvinced. Two of the five
members said, why change the government? And as a consequence, I think we
need more study. What's happened now is, we've got something that is
retrospective. Your districts are laid out here. I thank you first of all
for maintaining the northeast district. That is something we think is very
important. There is a commonality of interest in what is portrayed up there
as the orange area. What you've created there is a residential business
oriented, downtown oriented district. However, there are a couple of changes
to maintain that character. Specifically we would suggest that you include
all of the downtown area. You take the orange area over to I-95 and up to 395
and include downtown.
Mayor Suarez: Let me once again suggest as I suggested to I guess it was
Tucker, that you prepare a map and that Mr. Assistant City Manager, Mr. City
Attorney, that it have the same general orientation and coloring and all that
so we can compare apples to apples and so on.
250 July 19, 1989
Mr. Robertson: And naturally, why I am only addressing the district that I am
familiar with, we would give up and exchange the Wynwood area, which has a
whole different orientation plus it's the one neighborhood that this concept
splits in half. That neighborhood should be rejoin as one entity within
what's red up there. This document does not consider gross projections, and
this comes to our census, that all of you have already talked about. Those
numbers won't be out until 1992, I understand, which of course, at the long
end. We have a couple of areas in the neighborhood, you know our area, which
we know are going to change rapidly. Little Haiti, there is two proposed
Haitian districts, that's going to change things in our area very drastically
in the next few years. With regards to strong mayor, I have some very
specific problems that things just haven't been addressed and I know I am
running out of time here, let me just say one...
Mayor Suarez: I've interrupted you a couple of times. Go ahead, finish up.
Mr. Robertson: OK. Let me just say that with regards to the Mayor's salary,
you have a problem that you are just not contemplating, the specialization
talents that you are going to need to run a major metropolitan area. A
general administrator can sometimes be obtained for much less than a
specialist in a very dire need situation. Furthermore, you might have a
situation with where the Commission is at odds with the Mayor and cuts his
salary, or caps it. Then you start running into problems hiring competent
people to run the City. This needs to be thought about and addressed. This
document is a blueprint for impasse as well, because there is no
considerations for impeachment, you have a situation where the... (LAUGHTER)
Mayor Suarez: Impeachment? Need we even bring that up?
Mr. Robertson: It has happened.
Mayor Suarez: You are talking about impeachment of the Commissioners, right?
Mr. Plummer: Alcee, did you hear that?
Mr. Robertson: We would propose that both the City Clerk and the City
Attorney's position be selected by the Commission, because those are offices
that need impartial individuals and don't need to be part of the mayoral
staff. They should be impartial, I heard a comment over herel Provision such
as reelection of Chair, Vice Chair, that needs to be worked out, because you
will be having one after every special election. The most shocking thing that
is absent from this report and I know everyone just assumes it, but it is not
here, there is no requirement that people live in the district they are
elected from! It's not even in. here, anywhere. I am sure it is assumed, but
it's another example of how we've rushed into this without thinking it out.
Our proposal is, OK, back off.
Mayor Suarez: I'm sure it doesn't specify that they have to be over 18 years
old, and not in jail and a lot of other things that are typically part of, but
those things are assumed.
Mr. Robertson: Exactly. That's why our proposal from the Northeast Civic
Association and Morningside is, OK, let's slow down. We want to do this...
Mayor Suarez: But then we can't get on the ballot for this November.
Mr. Robertson: Exactly. We want to do this, but we want to do it right. You
are talking about restructuring our government for a long time to come. We
don't want to jump into this. We want all the information. We want the 1990
census and because you are politicians, you think it is voters and not
population, but it is population. I know you count voters, but in any case it
is, but it is the census that matters.
Mayor Suarez: I just mentioned that as to voters which is the way you
typically look at these things, we have the figures up to date, that's what I
was saying.
Mr. Robertson: Right, but it is this population that matters in drawing
districts. Let's come back with something more specific with growth
projections, what areas are going to grow so that we have districts that
contemplate the future, that look into the future. Let's place this before
the people, a well thought out, documented item in a single vote on all the
issues.
251 July 13, 1989
-- -
Mayor Suarez: OK, thank you for your remarks. Annette Eisenberg.
Ms. Annette Eisenberg: Annette Eisenberg, 1180 NE 86th Street. I oppose the
strong mayor form of government. I oppose increasing the Commissioners and
nobody has said anything about what their salaries are going to be. I differ
with the gentleman that spoke about the Anglo community. My purpose for
working single member districts and trying to get it on the ballot and even be
listened to, both the City and the County is that we want a representative
from our area. I don't care if he is purple, but I want him to live in the
area, I want him to ride through the area every day, I want him to know what
our problems are and I want him to endure the same problems we have.
Mayor Suarez: Did you say that you are opposing single member districts
though?
Ms. Eisenberg: That I am opposing what?
Mayor Suarez: That you oppose single member districts?
Mr. Eisenberg: No. No, no.
Mayor Suarez% I'm sorry, I heard you wrong.
Ms. Eisenberg: No, no, I'm sorry, I don't think I said that, but I do oppose
the fact that we are concerned whether we are all Anglo, or all black, or all
white. I want the person to live in the district, so that they know what's
happening. I also oppose any increase in the salaries and I'll say what I
said at Edison, and I say what I said at the County Commissioners, you people
ran for office, not because it was more than $6,000. You keep rerunning for
the office.
Mayor Suarez: $5,000.
Ms. Eisenberg: $5,000, oh I'm sorry, the County, I just gave you a raise. I
don't know of a Commissioner that has left this Commission on welfare and I
don't know of a Commissioner that is on welfare. If you want to serve our
City at the... oh, come on, Dawkins, I know even better than that, sweetie!
Mayor Suarez: There's a few up here that would claim to be headed in that
direction.
Ms. Eisenberg: Yes, but you see, nobody has said anything about the
Commissioners' salaries either.
Mayor Suarez: What are your views on that?
Ms. Eisenberg: I want salaries... what are my views? When you can run a
balanced budget and you can give us the kind of City services that we paid
for...
Mayor Suarez: We always have to run a balanced budget by definition.
Ms. Eisenberg: OK, but the kind of City when... J.L., when you and Kennedy
and Rose and Father ran those years, what were the purposes of the City of
Miami services? Good police, good fire and sanitation! What have we got
left?
Mr. Plummer: And I also paid a nickel for a newspaper.
Ms. Eisenberg: Right, and I also paid a hell of a lot less taxes than I pay
now, sir.
Mr. Plummer: And I got more news.
Ms. Eisenberg: Yes, maybe it was more favorable at that time. We want
district elections. We want our Commissioner to live in our area, we want
them to endure the hardships that we endure. We want him to drive, be there,
Salaries, I don't think that enough consideration was placed on the salaries
of Commissioners. How are you going to work with 9? You can't get along with
the five of you now, What are you going to do with 9?
252
July Is$ 1989
fi,
Mayor Suareet I resent that.
Ms. Eisenberg: Just think how much more effort we'd have to make with 9 of
you. Just think of the kind of lobbying that we'd have to do, the kind of
back door deals that are done, and I am going to be very blunt about that. I
agree with Neil, I really think that we need go into this more thoroughly than
we have. I commend the people that worked at it, but I told them that Edison,
I didn't feel as though there was a woman on the committee.
Mr. Dawkins: That's racism.
Ms. Eisenberg: What? Oh yes it is. There was not a woman on the committee,
there were not any long time residents on the committee other than your
father. There were not people who have really lived and endured the hardshiptt
of this Commission. Thank you.
Mr. Dawkins: Hey, hold it, Annette.
Ms. Eisenberg: ...
Mr. Dawkins: Hold it, you've raised a question that I've been waiting for.
Me. Eisenberg: OK.
Mr. Dawkins: And I'd like for you to address it, since you raised it. No one
has said yet that the increase in money will provide better government. Now,
everybody has addressed everything here, but nobody has shown yet that if you
increase the cost, that we are going to have better government, so I thank you
for bringing it up, that's all.
Ms. Eisenberg: I do have the confidence that five elected officials in a City
of 117,000 registered voters is adequate, plus I have just spent a year on a
committee of the Visions 2000. There might be shifting of population, but we
are not going to grow. We are now going to grow in numbers.
Mr. Dawkins: Why?
Ms. Eisenberg: What?
Mr. Dawkins: Why not?
Ms. Eisenberg: Well, did you read the Visions 2000 committee report?
Mayor Suarez: Just keep telling it.
Ms. Eisenberg: Well, there is no possibility of growth.
Mayor Suarez: None of us stayed up nights reading that, I guarantee you.
None of us stayed up nights reading the Visions
2000.
Ms. Eisenberg: Well, you have to have one more
meeting with
us and then we'll
go over it completely. The State says you have
to meet with
us one more time.
Mr. Dawkins: We have to grow, Annette. Miami
is in its infancy.
Ms. Eisenberg: OK, your house...
is
Mr. Dawkins: And it is grow.
Ms. Eisenberg: Miami?
Mr. Dawkins: Yes.
Ms. Eisenberg: The City of Miami? `
�3
Mr. Dawkins: Yes.
Ms. Eisenberg: Where are you going to grow,
Miller? Your
housing stock ,is
depleting. Your housing stock is deteriorating. There
Are no plans for
rehabilitation of your rental properties.
Mr. Dawkins: You finished?
:.
253
y 13,._19119 ,
70.
Me:. Eisenberg: Yea.
Mr. Dawkins: Overtown/Park West, we are going up, OKI
Me. Eisenberg: Wonderful. OK.
Mr. Dawkins: The brothers... and You live in that area with me.
Ms. Eisenberg: Yes.
Mr. Dawkins: The riots, all the vacant land you want to build housing on, OKI
So, we got the space to grow, but coming back to what you and everyone else
has said, we have got to do it and one purpose in mind, live harmoniously
together and that way, we ought to get it done.
Ms. Eisenberg: I don't care who my Commissioner is as long as he lives in my
neighborhood.
Mayor Suarez: That's a little strong. I think you do care who it is, or she.
I think you meant you don't care if he is of a particular ethnic group, or
whatever. There we go.
Ms. Eisenberg: Right.
Mayor Suarez: Don Lewis.
Mr. De Yurre: Before he gets here, let me just mention something. You were
talking about living in the neighborhood. In that orange district, you know,
you can live on 87th Street or you could live downtown and you may never go by
certain areas of that district on a daily basis, or even on a frequent basis
at all, so you know, I don't see the reasoning for that logic at all.
Mayor Suarez: OK, Don.
Ms. Eisenberg: (INAUDIBLE, OFF MIKE)
Mayor Suarez: Please, Annette, you had your turn. Don.
Mr. Don Lewis: I'm going to yield to Annette here. I'm Don Lewis, I live at
835 NE 74th Street. I have some problems with the Ad Hoc Committee report as
it has been presented. I would address on page 7, their sub -note 23, where it
establishes neighborhoods or communities of similar interests. I think that
current boundaries that they have established does not define that clearly. I
would also address the committee recommendations on pages 12 and 13. I do not
think that they are adequate presently, I am trying to make this very short,
Mayor, because I already see I am flashing. I would address the census
estimates that are in exhibit A. I have found 19 mistakes myself within the
census statistical report. I would also address...
Mayor Suarez: I am sorry to interrupt. I hope somebody proposes that we
increase the funding for our, clock which refuses to work again, but that's...
Mr. Lewis: It's flashing very nicely. I think that you, if you look a little
closer at your voting precincts, that you could redefine your boundaries a
little bit better as they currently are defined with this report. I have a
lot of trouble with it, you...
Mayor Suarez: Remember, if you have an specific distribution that you prefer
to that and you give it to Wally, we'll get it into a color coding system like
that so we can compare it to that one.
k`
Mr. Lewis: I have no problem with that Mayor, we'll be glad to do that. This
report also addresses an organization which I have a little trouble
Identifying with, the Northeast Miami Homeowners' Coalition. I am not aware
of any such coalition and I lived in the northeast now for quite a number of
i
years, so perhaps they can define who that organization is. They have defined
it under 21, who the Miami Homeowners' Coalition is and I would like to see
?'
the same information provided there. With the discrepancies that are in this
.
report, I would like to see this Ad Hoc Committee go back and join the
umbrella committee and allow us to have some input into this -particular
`-
eltuation. Thank you.
C
t
$`
254 July l,9p
x
x`
:• Jc
...-. ''. i •- ..':'
e _ 3
,'=.. tom. .:. ;-�:�
Mayor Suarez: Richard Dunn. I'm sorry, Reverend Dunn.
Rev. Richard Dunn: Richard Dunn, 5800 NW 2nd Avenue. First of All, I'd like
to thank the Mayor and the Commission and the Ad Hoc Committee for following
through with the Charter review. I am only asking that this Commission would
consider a reasonable amount of finance to be spent in the campaign for this
being placed on the ballot. What I mean by that is simply if there is no
push, or it is just haphazardly put on the ballot without any extra effort,
it's probably going to fail. And I'm just asking that the same efforts that
we use during the Baseball for Miami campaign financially, that the same
efforts be used for this as well as other amendment changes and then let it be
based upon the...
Mr. De Yurre: Well, historically, I think we set aside, what $50,000 for all
these referendums issues.
Rev. Dunn: $50,000?
Mr. De Yurre: $50,000.
Mr. Plummer: Yes, and remember that money is of the City monies. It doesn't
mean that some monies from the outside as they did with the baseball couldn't,
but the City monies have to be used in a non -biased educational way.
Mr. Fernandez: Informational and educational.
Mr. Plummer: Fine.
Mr. De Yurre: So it is not a campaign per as, it's...
Rev. Dunne Right. Just to present it where people will understand what's...
Mr. Plummer: We've always put aside $50,000.
Rev. Dunn: $50,000 had been allocated.
Mr. Plummer: Of City monies.
Rev, Dunn: Has any of that, how much of that has been used already?
Mr. Plummer: None.
Mr. De Yurre: $47,522.
Mr. Plummer: We haven't even allocated the $50,000 yet.
Rev. Dunn: OK. I just wanted to bring that issue up before the Commission to
consider that amount. I was not aware that $50,000 was used for each item
that was new on this.
Mr. Plummer: That's normal.
Rev. Dunn: OK. Thank you.
Mayor Suarez: Thank you, Reverend. Lori Weldon, I believe is the last of the
requests that I have. I'm sorry, Joe Wilkins, did I leave you out somewhere?
OK, we'll get to you, sir. Yes, there he is. I see you had Charter revision
at the top and that's why... I'm sorry, Lori.
Ms. Lori Weldon: OK. Lori Weldon, 160 NW 44th Street. I just want to
reiterate a few points. First of all that if you are to put strong Mayor and
single member districts, I think they should be separate as a voting issue.
Secondly, I agree with the gentleman as far as the time constraints at these
public hearings, because from what I am looking in this report, you heard from
50 people total, or a little over, and I know that I was notified on the day
of the meeting, of one of the meetings, of the meeting and at times it is just
impossible to fit into your schedule at the .last minute a meeting even though
it is of vital importance. I also think that they weren't well advertised and
that they need to go back to the communities. Secondly, as far as strong
mayor perhaps what we are really looking at, is how some of the administration
is appointed and that the City wants accountability of our City administrators
255
to them and not just to electing public because we are the ones that have to
deal with the problems and such that occur from decisions made by City
administrators, example, the Fire Department issue, the Housing issue. I also
want to say that as far as the districts are concerned, we need to know, prior
to voting on how they will be established because I think the concerns came
from this community based on what we felt was slight -to -null representation
and to box us in as voting for a concept where we think our representation
will be improved and we turn around and we're back, or worse than where we
were before, is deceiving and that's basically it.
Mayor Suarez: That last point I think we have a majority clearly that would
like to give us specific distribution scheme to the voters, so... Joe Wilkins,
last speaker.
Mr. Joe Wilkins: My name is Joe Wilkins, I live at 228 SW 23rd Road. I am
president of the Miami Roads Neighborhood Civic Association and I'd like to
emphasize neighborhood. We are a member of the Miami Homeowners' Coalition,
which is a group of neighborhood associations. We encourage the participation
of all members of our neighborhood. We communicate in both languages with all
members in our neighborhood and we do not draw any lines as to who is allowed
to participate. We encourage the participation of every member of our
community. We define ourselves as a neighborhood association and as such, we
agreed with the recommendation of drawing the district lines alone
neighborhood boundaries. We do have some specific recommendations. I don't
know if I need to put those on the record now or... we basically recommended
for the green district, moving the boundary instead of Coral Way, moving it up
to 16th Street, coming east to 12th Avenue, going north to lath Street, which
is the northern boundary of the Roads, and divides Roads from East Little
Havana and going right down llth Street to the bay. That was...
Mayor Suarez: Remember as you put these schemes together, alternative schemes
together, that one of the things that I believe is a requirement, is you've
got to balance the number...
Mr. Wilkins: I spoke with Mr. Portuondo, he said that the numbers were
agreeable.
Mayor Suarez: And is it the number of registered voters or the number of
residents?
Mr. Fernandez: Population.
Mayor Suarez: Population.
Mr. Wilkins: All right, well, we spoke...
Mayor Suarez: So we do on that have to rely on the last census, which I guess
is 19807
Mr. Wilkins: Well, that is our recommendation with regards to boundaries and
as Ms. Range pointed out, we do want to put the issues on the ballot in a fair
way and I feel that needs to be two items. Thank you.
Mayor Suarez: Now, on having similar numbers, we take, give way to
population, but on trying to maintain, I know that Federal guidelines talk
about the... I don't know what the standard is, but a fair distribution on the
ethnic proportion and there you have to rely on registered voters, I presume,
right?
Mr. Fernandez: Well, the standard is that the first level of inquiry is
population. Then, if there is a voter's dilution type of act or challenge to
that, the way the districts have been composed, then you need to be able to
justify that you have not disenfranchised anyone, then you look at number of
E9
registered voters to be able to justify your decisions, showing that no one is
i being disenfranchised and furthermore, there is another level of inquiry,
which is voting voters. You need to be able to establish that even though a
minority in the district doesn't have the number of registered voters, but yet
they come out in such sufficient strength historically and traditionally,
that's where voting voters often times make the difference. That's when you
are defending a voter's dilution lawsuit. al
Fi
256 July 13,- 1989
Mr. Plummer: You know, when you stop and think back in 1980 when the census
was donei just imagine what has happened around the SW Sth Street Area wnei5
126,000 Marielitos came into this town, I guarantee you those census numbers
are not anywhere near correct.
Mayor Suarez: Yes, then with the recent influx of immigrants too from other
countries other than Cuba. Mr. City Attorney, I asked you a couple of
questions just a couple of minutes ago as to what our procedure is today and I
believe you answered that we do have to take votes today?
Mr. Fernandez: Yea, today you will be passing a resolution instructing me to
come back to you, July 27th, 9:00 o'clock in the morning with the final work
product to which you will perhaps make a few changes, to which you will add or
delete something that I might not have properly understood you on, but
certainly the bulk of your decisions, the bulk of what the plan would look
like and what the voters would be confronted with must be decided today and
you must give me very clear instructions on how to prepare it.
Mr. Plummer: Are we finished with the public hearing?
Mayor Suarez: Once again, let me, before I forget and I guess they have
another opportunity on July 27th but Mr. Bill Perry and Mr. Manny Alonso-Poch,
would you like to add anything at all as to what deliberations of the
Committee were, or your own observations since then or, at any time? OK,
Commissioners?
Mr. Plummer: Well, let's try if we can, to come to some... I'll make a motion
at this time that the matter relating to strong mayor be deferred to another
election.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Does anybody want to discuss that further? If not,
call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-677
A MOTION DEFERRING CONSIDERATION OF A PROPOSED CHARTER
AMENDMENT CONSIDERING A STRONG MAYOR FORM OF
GOVERNMENT TO AN ELECTION OTHER THAN THE NOVEMBER
1989.
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.
Mr. Plummer: Now, we are down,
that correct.
Mrs. Ranges Right.
Mr. Fernandez: Right.
Mayor Suarez: A single...
Mr. Plummer: Issue.
as I understand it, to a single issue. In
4
;r
Mayan Suarers ... general issue, right.
2 7 917 13, 1949
Mr. plummers Yes, in other words, we are not having two questions, we are
having a question on the ballot.
Mayor Suarez: Of which by the way, perhaps the most primary question, I don't
know if this the direction you are heading in, is how many Commissioners and
how many from districts and how many at -large and the Mayor obviously being...
Mr. Plummer: At -large.
Mayor Suarez: ... at -large.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Although I would like to, for myself, just make it my own
block, but go ahead.
Mr. Plummer: I'll just try to bring this to a consensus. My personal opinion
I've expressed before that I think the maximum number should be seven. I
think based on that, the fair representation would be four and three, four
from districts and three at -large, of which the Mayor would be one of the at -
large. I'll offer that in the form of a motion if that's acceptable.
Mr. Dawkins: I'll second for discussion. Under discussion, Miller Dawkins'
seat is Group 5, OK? So Group 5 would then become Group 4 because Group 1 is
now running at -large as the Mayor.
Mr. Plummer: Well, the group numbers, Commissioner, would not necessarily be
applied to the new districts. It could be any kind of numbering that it could
be.
Mr. Fernandez: Right.
Mr. Dawkins: OK, I needed clarification.
Mr. De Yurre: Well, but as far as the at -large, I think he means if we have
five at -large seats and under...
Mr. Dawkins: No, four at -large seats.
Mr. De Yurre: Well, right now. No, right now we got five.
Mr. Plummer: That's correct.
Mr. De Yurre: And we go from five to four at -large, then you are still going
to have Group 1, 2, 3, 4, one disappears.
Mr. Fernandez: No, three at -large.
Mr. Plummer: Well, but grouping numbers as applied today are only for the
purposes of who runs what every two years. That's the only reason there is a
number applied. It has no other bearing except in Group 1, which is the
Mayor.
Mr. Dawkins: You've been here longer than me. I yield to you.
Mayor Suarez: Well, anyone else on the
issue of four and three?
Of course,,I
have problems with having more at -large
than from districts, I...
is that the
way you said it?
Mr. Fernandez: No, no. He said three
at large, one of which is
the Mayor,at
large and four...
}
Mr. Plummer: The Mayor would be at large.
Mayor Suarez: As long as we have more
from districts I can buy
it although I
Mrs. Range: Just before we take a vote on this, I'd like to know the
rationale for the number 9 having been given. Can anyone answer that?
Mr. Plummer: Chaosl
Mayor Suarez: Do you want to try it, Mr. Portuondo?
Mr. Portuondo: I'll try that one. Commissioner, we decided that it would be
a good balance between neighborhood and citywide interests to have a balance
whereby the majority of the Commissioners elected by districts and yet at the
same time every voter within the City of Miami votes for a majority,
therefore, five districts, four at -large. We also felt you could implement
the plan without disrupting the current government and the current electoral
cycle and I... that's the primary reason for it. We also felt that nine was
the only denominator, at least I felt that nine was the only denominator that
could have, that would have the best chance of achieving proportionate ethnic
representation. I believe that if you go to this system as proposed, I know
it was just thrown out, and that enough thinking hasn't been given on it, I
think what you would end up with, and this is my top of the head, I haven't
looked at the numbers, but I am almost confident you would end up with one out
of seven would be black, the rest would be Hispanic, if everyone voted along
ethnic lines, so I don't think that that would, my personal opinion, I'm not
talking as the chairman, I'm talking as a person interested in this, is that
it would deserve the community to have that balance. The present government
would probably be preferable to that one. We discussed seven a lot, and we
discussed nine, and we discussed eleven and we discussed ten. Nine was the _
number that we felt would be the true one and if you compare the -
municipalities in America, 85 percent of the major cities have nine or more
Commissioners. Only about four or five have seven, Miami only has four along with Oakland, so I mean, nine seems to be the right number proportionately,
nine seems to be the right number ethnically and nine seems to be the right
number in the mix of City and district balance. _
Mr. Dawkins: I have one problem with that and that is it doesn't make any
difference if I as a black am one in five or two in nine. I don't have any
more voting power, so to go and increase the numbers and you don't divide the -
C power is useless. Now, the bottom line here was supposed to have an
E equalization of the power, so now, there is no point in us just adding numbers
and we don't divide the power, so they add nine and you still end up with no
more voting power than you had before, so that's why the seven, in my opinion
Mrs. Range, the seven is just as good as the nine because... -
Mr. Plummer: The only thing that I saw... I'm sorry!
Mr. Dawkins: Go ahead, J.L.
Mr. Plummer: The advantage I saw to nine, that I discounted, was that nine
would allow us to go into the committee system, the same as the County has and
the committee system does have some advantages that you can fight all of these
little trivial matters out in the committee, when it comes to the full
Commission, it doesn't take as long.
Mayor Suarez: Well, you are saying because it is more Commissioners to have
available for committees. I mean, there is no magic in nine, seven, just it's
less...
Mr. Plummer: Well, but basically the committees were made up of three
commissioners
each,
OK?
Mayor Suarez:
Oh,
I see, so you, you
divide nine
individuals by three, but I
i
mean you could do
that with some being serving on
more than one committee,,
_
obviously.
Mr. Dawkins:
But there
you are adding
more costs,
but you are not saying you
are going to
get better government.
Mr. Plummer:
Well
you are not really
saying that
with seven members you are
going to get
better
government.
i
Mr. Dawkins:
No.
J,
259
July 130 1949
Mrs. Range: But with the committee aspect of it, I think we'd all have a _
better chance, if indeed we are to go to the districting because the
committees would be divided as you said, into three's and of course once we
get into this type of government with the districts it is going to be, you _
know, we're going to have IOU's all over the place that I'm on your committee
and you are on one of my committees and we go along and we have a greater
feeling of responsibility to each other's committees than we would have with
seven and we'd have fewer members on the committees, or not as many
committees. By this I mean if you have three persons on the committee and
two of those persons are from a depressed area and one is from a better area.
The person from the depressed area would have a far greater chance of getting
some of the things they want for their area because in return, they will vote
on another occasion or in another committee along with the persons who have
other interests. Consequently, I feel like we are going to move into the
districts with the more we have, the better off we are going to be.
Mr. Plummer: I don't think there is really, you know, I was just discussing
with the City Attorney, you could almost go to a committee system with seven,
having two members and an outsider as a member of the committee, that's if we
want to go to a committee system, I am not saying necessarily.
Mayor Suarez: OK, anything further from the Commission? - and I guess it's
proper and it's necessary to take input, but very brief at this point...
Mr. De Yurre: Let me say one thing.
Mayor Suarez: Mr. Vice Mayor, first the Commission.
Mr. De Yurre: First, we have been listening and Annette was mentioning the
fact that she doesn't care what that person looks like or thinks or his
philosophy of life is about, as long as he lives in the neighborhood and I
don't agree with that. I think that we have to deal with the realities of the
City of Miami and the realities of the City of Miami are that there is ethnic
representation here, there are people that have certain beliefs and want
certain things for their own ethnic group and I feel that doing it this way,
the white American is going to be totally left out of the picture as far as
numbers are concerned as districts.
Mr. Dawkins: Mrs. Range...
Mr. Plummer: Well, that's why you got the at -large.
Mr. De Yurre: And you know, I am looking at and I would be more in favor of,
if we are going to go to nine, to have five at -large and have the districts
cut up pretty much like Tony said, two Hispanics, one in the Coconut Grove
area would be a predominantly a white American and then Liberty City.
Mr. Dawkins: Mrs. Range, if you feel strongly for the nine, I suggest you
offer an amendment or substitute motion for nine instead of seven if you feel
that strongly.
Mrs. Range: All right, are you ready for the motion at this point, or are you
going to have more discussion?
Mayor Suarez: Any time you can move it, sure.
Mrs. Range: All right, then, will you accept it, is this...
Mayor Suarez: Well, that would be a substitute motion.
Mrs. Range: ... oh, this is a substitute motion. Yes, I'd like to offer a
substitute motion that we go to the nine member districts.
Mayor Suarez: How many... nine member Commission, how many districts and how
many at -large? How many...
Mrs. Range: Nine member Commission would be five districts as we have them.
Mayor Suarez: So moved, do we have a second? Do we have a second? If not,
I'll second it. So we have, Mr. Vice Mayor, I guess you can Chair.
260
July ts, 1989
i
Mr. De Yurre: I'd go with the nine, but the other way around, five and four,
not four and five.
Mayor Suarez: Mr. Vice Mayor, I guess we ought to recognize the aptaker, but
maybe set some rules here on...
Mr. Plummer: I thought the public hearing was closed?
Mayor Suarez: Yea, I...
Mr. Gibbs: This is a separate item, separate vote.
Mayor Suarez: The thing is that we narrowed it to a particular issue at this
point. Please make it brief, Madam City Clerk, two minutes, no more.
Mr. Gibbs: Our only concern about nine, you are talking about neighborhoods,
you are talking about a City government that is more accessible to the people
by adding only three people onto the Commission you make a travesty of what
these people have done for the past three months. You are talking about
districts, you are talking about neighborhoods. You tell me how to divide up
the City of Miami into four districts that talk about neighborhoods that have
common needs and common goals and common desires and common characteristics.
You can't do it with four. What was the point of doing it? If you want to
have as much representation as possible, you need more members and I'm not
talking, I'm talking neighborhood. I'm tired of hearing that Latin voters
don't have this and black voters don't have that and Anglo voters don't have
that. We should be a city that is united by neighborhoods as Ms. Eisenberg
said. It doesn't matter who represents us as long as they live in our
neighborhood and they have our beliefs. I don't care)
Mr. De Yurre: You got to deal with reality though.
Mr. Gibbs: Yes, but the reality is what was the whole point of this? Is it
more representation or virtually less?
Mayor Suarez: I guess.., one last statement.
Mr. Muniz: I just, I agree with what he is saying. See, when we come here
before the City Commission and there is so many people here, we all say that
there is no ethnic division in this community and there is ethnic division in
this community. I was not the one, it was not the Hispanic community to bring
this forth. I don't think so, so there are a lot of people that are saying
that the Hispanic community has too much power in this community, but we are
the taxpayers of this community, 60 percent of the population in this City is
Hispanic, so when you divide the City into five districts and the Hispanics
are a minority in this town, I object to that. I think the taxpayers in
this...
Mr. Dawkins: Well, who did that? See, you make those accusations, you are
making an accusation that's not true.
Mr. Muniz: The way this...
Mr. Dawkins: See, you are the ones fanning the divisiveness.
Mr. Muniz: Why do you say that?
Mr. Dawkins: Because you are. What you are saying is not true, air.
� '
Mr. Muniz:
What
I am saying, Commissioner, is that there is a lot of
A
hypocrisy in
this
town. Do you agree with that?
Mr. Dawkins:
Oh,
so many, a lot of us are hypocritical. You are dead right,
As
sir.
3
Mr. Muniz:
And what I am saying here, Commissioner, is the truth. That's why
I said that
four
districts in Miami, where you have ethic representation, I
was assuring that there was one black Commissioner, there was one Angla
Commissioner, and
there were twa Hispanic Commissioners and the rest to be
;, ""
divided, or
to be
elected at large,
#t
Mr. Muniz: That is the way you are assuring minority representation.
Mayor Suarez: This is just one scheme. Don't ascribe any motives to anybody.
This is just one scheme.
Mr. Dawkins: I've already said that I don't care what you do. The voting
power isn't going to change, in my opinion, and I will say it again, OK, it
does not matter if the blacks are one in five, two in ten or three in fifteen,
I don't have but one -fifth of the vote and that's all I can tell yout
Mr. Muniz: But you are assured representation.
Mr. Dawkins: Yes.
Mr. Muniz: That's basics also.
Mr. Dawkins: That's it.
Mayor Suarez: That by the way, that's a very important point, because as
being assured of minimum representation is important and that's one of the
things that we deal with in trying to set up districts is to guarantee minimum
representation.
Mr. De Yurre: Mr. Mayor, I think we need to have some direction here. If
every time an issue comes up, we are going to have everybody getting up again
speaking.
Mayor Suarez: No, this would be it. This is the last issue and we are
keeping everybody to two minutes and it's all over, we vote and...
Mr. De Yurre: Well, if you got the issue of salary and you've got, you know.
Mayor Suarez: Well, I guess we won't be able to take any input on that, not
tonight, so this will be the last issue. Please make your presentations very
quickly.
Mr. Robertson: Neil Robertson. The whole concept of districts as you laid
them out here gives a concept of neighborhood. I'm not going to stand before
you and say you should draw up ten, fifteen, twenty, whatever it is, that we
are going to have this Anglo neighborhood, whatever that is. What you have up
there are neighborhoods of senses... a community of interests. What happens
to me in Morningside is directly tied to what is happening on the other side
of the boulevard and everyone in Morningside knows that and everyone in
Morningside is concerned about what's going on on the other side of the
boulevard. We want them in our district. We don't want all the way across
the City in our district because those people aren't tied to our future.
That's not where that district's future is. We need districts that are small
enough so as 79th Street won't be the end of the world to you people. We need
a district that has someone in our neighborhood who understands our interests.
We need five districts. Five districts are logical, they lay out a community
of interests. We have a house tour in Morningside, it's being going on for
five years. I'm happy to say that the Mayor has managed to make it to our
house tour, non of the other Commissioners ever have. We need somebody in our
district who gets up in the morning and drives down Biscayne Boulevard or
I-95.
Mr. Dawkins: Run that by me again?
Mr. Robertson: Have you been to our house tour? I apologize, but what I am
saying is, we need someone in our district who lives in our district and we
need districts that are small enough and are of adequate size of community
interest that that person elected from that area, whatever their background, _
will understand our problems, somebody who drives down the boulevard and sees
what's going on there, somebody who goes down every night like I do and sees
the same overweight blond hooker every day.
Mayor Suarez: That's a hell of an ending.
i 3i
Mr. Plummer: You better be careful, she might represent you. There'a a hell y
of a lot of hookers on the boulevard.
262
{
Ms. Gloria Rosello: My home is Gloria Rosello, 3007 IOW ith Street: # thihk
that everybody has their input in this and everybody'a idea has colne to a
conclusion. People are not ready yet to be able to picture exactly where they
want the boundaries. Everybody hag said that they want to study it a little
bit more. I think that it could be wrapped up just in a question, a simple
question on the ballot whether you want the districts or not. You put that on
the ballot and if they want it, then you work from there on to be like a
year, or six months or nine months or whatever, or whenever an election is
going to be so you don't spend you know, more money and let's have it done.
If not, what's the use of talking from now until Christmas time about this?
Mr. De Yurre: Go ahead. Thank you. Go ahead.
Ms. Caridad L. Mora: Excuse me, I would like to clarify...
Mr. De Yurre: Your name and address? Name and address, please.
Ms. Mora: Oh, I live at 3110 SW 19th Terrace. I am the president from the
homeowners' association. I'm Cuban, I speak English and Spanish and even if I
have an accent, I'm very pleased about it.
Mr. De Yurre: And your name?
Ms. Mora: My name is Caridad L. Mora. I represent all my neighbors, which we
are two sections, Pal Del Heights and Linden Heights. Our people are
Hispanic and English. We have mostly people that are American, citizens and
they speak both languages, some of them they can't, but we try them to
know what's going on. That means I don't think it is all fair to the people
in our community because we are speaking both languages and that is no truth,
Cubans are the last. Cubans know what's going on very well. We have the
Mayor he is Spanish and he can speak English and I don't think we have
problems about that, even the people that feel unfair about. I don't know,
maybe it is my opinion, but I believe that. I am president from associations,
I am Cuban and not everybody is American. Thank you.
Mr. De Yurre: Any further discussion? If we don't have any further
discussion, call the roll.
Mayor Suarez: On the substitute motion?
Mr. Dawkins: On the substitute motion.
Mr. De Yurre: On nine, on four at large...
Mr. Fernandez: On nine, five from districts and four at -large.
Mr. De Yurre: ... and five...
Mr. Fernandez: No, no.
Mr. De Yurre: Where are we at?
Mr. Dawkins: What did you say, Mrs. Range? What's your motion, Mrs. Range.
Mrs. Range: My motion is if we have nine...
Mr. Dawkins: How do we break up the nine? You said five districts and four
at -large?
Mrs. Range: Yes, five districts.
Me.
Hirais
Mr.
Dawkins;
Ms.
Hirai:
Mrs.
Range:
Mr.
Dawkins;
�i
Mayor Suaree: before we vote, let me just speak to the Motion, that I 90
f going to vote for the motion, by preference, and I've stated it elaarly all
along would be to have all single member districts. I feel very strongly
about the concept of neighborhoods and I think the commonality of interests is
more, the smaller the neighborhood. If we had that many single member
districts, we would have quite discreet and compact, the small neighborhoods
where people would know each other and the whole ethnic difference would
begin to become less important; however I recognize that we have five of us 3
here and I'm trying to find something that might work and that's why I am ,.
going to vote for this, but I... and the more the better from my preference.
I'm not concerned about the cost of having nine as opposed to seven, although
I understand that that is always a concern, because I feel that if do our job
well, we can always reduce correspondingly somewhere else expenditures and I
think that having representatives from neighborhoods sometimes means that they
fi.
can }
Mr. Dawkins: Hurry and finish, J.L.
Mayor Suarst: Mr. Manager, that they can listen to the people in that
neighborhood and respond to them in a very effective way, which is what
sometimes, when they don't have a neighborhood representative, they have to go
to a city... assistant city manager or high level City employee who costs us a
lot score than any of the Commissioners do right now in terms of staff and in
terms of salaries.
Mr. Dawkins: Call the roll, Mr. Vice Mayor.
Mr. De Yurre: OK, we are voting on the numbers, substance, this is not the
vote to put it on the ballot.
Mr. Dawkins: No, it's just wording for the numbers and then...
Mr. Plummer: No, this is just one facet of it.
Mr. De Yurre: OK, fine. OK, call the roll.
The following motion was introduced by Commissioner Range, who moved its
adoption:
MOTION NO. 89-678
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN
AMENDMENT TO THE CITY CHARTER FOR REFERENDUM ON
NOVEMBER 7, 1989 IN REGARD TO CHANGING THE STRUCTURE
OF THE CITY COMMISSION BY INCREASING THE NUMBER OF
COMMISSIONERS FROM FIVE (5) TO NINE (9), FIVE OF WHICH
COMMISSIONERS SHALL BE ELECTED FROM SINGLE MEMBER
DISTRICTS WITH THE REMAINING FOUR COMMISSIONERS TO BE
ELECTED AT LARGE.
(Note for the Record: The essence of this motion was
later integrated into R89-686.)
Upon being seconded by Mayor Suarez, 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.
Mayor Suarez: OK, we have, how many other issues would you say, Mr. City
Attorney,
;
r
that we should resolve by vote before we have something fairly
cy
concrete? Do we...
Mayor Suarez: I'm sorry?
F 1'
Mr, Fernandez: between 15 t•o.50.more,
i
RAW l unrest 1 doubt that, ter. City Attoreey, Uir, but # Vould say that tat
Of the 0606 that tre ewnght to tat out rat the Vey tart 4uickiy is that rie Abodd
hot* a epecifit scheme on the ballot.
Mr. Fernandett What's the neat one.
Mr. tluaeeert Plus also the Implementation data is vary important.
Mr. Fernandez: Tea, let's go through the more important ones. Certainly, I
think it reflects everybody's consensus that we should have a... not as Mrs.
Mange expressed, an opposite view, but I think a majority that we should have
9666 kind of a specific scheme on the ballot and I'll entertain a motion to
that offset.
Mr. Dawkins: So moved.
Mr. Plummer: You are saying to have districts delineated?
Mayor Suarez: Yes, some... right, exactly.
Mr. Plummer: Oh, I think definitely.
Mayor Suarazt Thank you. That's a such better way of stating it. Moved and
seconded, any further discussion? If not call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 89-679
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN
f AMENDMENT TO THE CITY CHARTER FOR REFERENDUM ON
NOVEMBER 7, 1989 IN REGARD TO CHANGING THE CITY
GOVERNMENT, FURTHER REQUESTING THAT AT THE TIME HE
DELINEATES THE DISTRICTS BOUNDARIES, HE DO SO CLEARLY
SO THAT CITY VOTERS MAY BE FULLY INFORMED PRIOR TO
VOTING.
(Note for the Record: The essence of this motion was
{
later integrated into R-89-686.)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
l.' AYES: Commissioner J. L. Plummer, Jr.
" Commissioner Rosario Kennedy"�-
Commissioner Millar Dawkins
i� Vice Mayor Victor De Yurre
:F Mayor Xavier L. Suarez `-
( u�
?� NOES: !lone. -
ABSENT: None.
Mayor Suarez: Now, salaries you think is as important as...
Mr. Plummer: Wall, wait a minuteo excuse me, whoa. Now;
' districts?
Mayor Suarez: Timing, timing, I'm sorry, you said timing.`
Mr. Plummer: Are you saying 'that this which is before us' is whs
delineated? G,
Mr. Fernandez: NO.
�
liayor Suarez: No, Co. xx
srn. 4 6 €
llt. Dawkins: No. o`;Lr
r-ry`" r{'.s'"'3 ..
Hoy►or Suarew: No, no`
A V _ : you make 'A a "y
r� '�► ,T �p4d p��i��x qr: ���► �i��A1f t
h 0wehovetQ �d #its �+si 47 .0
r
k
Mr. Fernandes: You have given me enough instructions and that certainly by
the 21th you must decide. For me the resolution for today you have given the
enough. Now, the next issue related to that is whether you...
Mr. Dawkins: %store you get that far, wait a minute. The Mayor instructed
everybody to get to Mr. Portuondo and somebody else and to come back with
transparencies to reflect what they said and I assume from that, that from
those transparencies, we would decide what additional to put on the ballot.
Mr. Fernandez: Correct, and the transparencies will all reflect five
districts. Whatever configuration, but there will be five districts, because
you have already predetermined that there will be five districts and four at
large.
Mayor Suarez: Tee, we got that, we got that.
Mr. Fernandez: OK.
Mayor Suarez: Mr. Portuondo, do you want to help us in that and...
Mr. Portuondo: The only thing I want to may about that, I don't need to wait
any longer, I can do right now. I got some clear transparencies, I can show
It to you.
Mayor Suarez: OK, well, give all the information to the City Manager.
Mr. Portuondo: Well one proposal would be illegal, because it would not have
equal population, that is to include everything east of I-95 as one district.
Mayor Suarez: Well, but maybe you can make some modification so that it
would be legal.
Mr. Dawkins: And explain it to the gentlemen who proposed it.
Mayor Suarez: Right.
Mr. Dawkins: Let's don't be here all night.
Mayor Suarez: OK, anything other that's important. Commissioner Plummer
mentioned timing.
Mr. Fernandez: No, no, the next item still related to this, Mr. Mayor, is the
fact, even though you are presenting something specific to the electorate,
this time around, do you want to build it into the Charter concept of every
ten year revision? Because if you do, it would be appropriate to consider that
now.
Mayor Suarez: Revision without voter approval?
Mr. Fernandez: With or without voters' approval, you can decide on that one
too, but...
Mayor Suarez: Commissioners, do you want to try that one today? I guess we
have to...
Mr. De Turre: Well, we have to and I think it pretty much has to follow the
same lines through...
Mayor Suarez: No, no, I'm sorry, we don't have to, Mr. City Attorney, we
could be totally silent on the issue and just leave it to be decided in the
future, but it is probably a good idea to not be silent on the issue and come
up with some kind of a consensus. I would say a committee that doesn't, that
meets at least once every ten years, pursuant to the census and recommends to
the Commission new districts if they are required by the population shifts.
Mr. Fernandez: If you are silent what you have is that forever in perpetuity
you would have whatever final map.
T
t i
Mayor Suarez: Don't worry about that right now. I am proposing something
different in the hope that we can get a consensus. Every ten years the
it committee would be formed, just like the Legislature does, and bring back to
{
$bb JU4 1:3. 1989
461 to this Cdftiasion, probably not ua, a flew dt6ttibution bt i 610
llaiifteation of diatricta with taking into aet6Uht, pdpuiation •huts, Ott
ftdot the Federal eriteria, that rtquifaa...
Mr. y'orathdat: Right, is that Solved?
}
Mrs. Range: Is that a action?
Mayor Suarez: I'll entertain a motion on that. 119e just tty'tn& to def ins the k
toetion first.
i
Mr. De Turret I'll move that.
Mr. Dawkins: Second it.
Mr. t1usaeer: Is that without voter approval?
Mayor Suarezt Without voter approval is the way I was stating it, but it's up
to you how you want to do it.
Mr. Plumsaer: Is it Commission approval?
' Mayor Suarez: Tao, oh yes.
Mr. Fernandez: Teo.
Mr. Plummer: Commission approval, oh, OK.
Mr. Dawkins: Teo, Commission approval.
41
Mayor Suarez: Oh yes, the committee recommends to us and we'd
have, the
i<
Commission would have to approve it. OK, so moved and seconded. Any -
�;.-
discussion? If not call the roll.
r..
�F
The following motion was introduced by Commissioner De Turre,
who moved
Its adoption:
r'
MOTION NO. 89-680
-
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN
AMENDMENT TO THE CITY CHARTER FOR REFERENDUM ON
NOVEMBER 7, 1989 IN REGARD TO CHANGING THE CITY-
GOVERNMENT, SAID AMENDMENT TO PROVIDE A MECHANISM,`
i
WHEREBY EVERY TEN (10) YEARS, A COMMITTEE SHALL BE
FORMED TO CONSIDER AND RECOMMEND TO THE COMMISSION NEW,
DISTRICT BOUNDARIES, BASED ON THE NEW CENSUS IN ORDER
THAT SAID BOUNDARIES MAY BE AMENDED TO REFLECT THE NEW
SHIFTS IN POPULATION, FURTHER STIPULATING THAT
3
£
APPROVAL OR REJECTION OF SAID RECOMMENDATION WOULD BE
SOLELY UP TO THE CITY COMMISSION AND WILL NOT REQUIRE
,.z
L,- VOTHRS' APPROVAL.
(Note for the Recordi The essence of this motion was
y
. later integrated into R 89-686.)
ee
Upon being seconded by Commissioner Dawkins, the motion was
_
passed .gaud
} #;
adopted by the following votes
-
z,77
$r��
ATBSt Commissioner J. L. Plummer, Jr.
Commissioner M. Athalis Range
A
Commissioner Miller J. Dawkins
a
Vice Mayor Victor De Yurre
r,
Mayor Xavier L. Suarez
rrr-
NOES; None. } t F$ ; X
-.F
s r
a
n Tr! -(aF'S �+� P1' �'*+ .RS.ia�i. v"$?. _
a7 tea. y t -
ASSENT: None.
..aid
N
Mayor Suarez: What other importont items, tuning slow .tboov `;ot,
Q
Mr. Plummer: Implemented in 1917
r
ilayor SLlprex: 4 think that/ slavout as good- a time 4P An
V0/
xk � hs
Mt, PluMeOr: All tight now.
Mayor guarel: Nobody's tars, is cut short, is that the ideal
Mr. Plummer: Well, yes, it would be, in affect. You've got to deliikeate who
tuffs when. You got to figure that one out.
Mr. be Turret The Mayor's would be.
Mr. Dawkins: Well, let everybody run and draw lots and one group would Stay
for the four years and whoever pulls the losing lots would be in for the two
fears and have to run at the and of two years.
Mr. Plummer: You are saying... I don't follow you.
Mr. Dawkins: In 191 everybody runs, in 191, and then those elected would pull
strews. All right, those with the longest straws have the longest terms.
Mayor Suaraz: OK, I see...
Mr. Dawkins: Those who pull the shortest straws have the shortest term.
Mayor Suarez: OK, we have an interesting...
Mr. Plummer: Are they using my straws?
Mr. Dawkins: No, no way! No wayl
Mr. Plummer: This reminds me of Joe Carollo with the can and the Val How
wall X remembers the X1
Mayor Suarez: Don't need to remind me of that! One possibility, one
possibility, other than distinguishing on the basis of Commissioners versus
the Mayor, which might be an unfair way to do it, is to may that the seat that
has been vacant and presumably will be decided this November is a two-year.
Mr. Plummer: Well, I don't know how you are going to do it without everybody
running in 191. I don't know how you can do it otherwise.
Mr. Fernandez: There's more than one way of doing it, Mr. Plummer.
Mr. Plummer: Well, let me hear it.
Mr. Fernandez: You have four at -large, of which in 1991, only two are going
to be up for election in this Commission, correct? In 191, Vice Mayor De
Yurre and yourself...
Mr. Plummer: Correct.
Mr. Fernandez: ... are the ones that are facing the electorate. The three
members of this Commission that will be elected in November will have terms
through 1993. There is no absolute guarantee or in other words, the voters
can decide to call short the term of any elected official in a proper
referendum, but I'm not advising that that takes place in regards to anyone.
The at -large members can continue to hold their seats in the regular rotation
that they have. The only question is that in 1991, a decision must be made
wh th f th t
e er one o e wo seats will be the
one that would be withdrawn from the
at -large category
or wait until 1993 to
have one of those other two seats,
because the Mayor
will always be at large
and the Mayor and two of you will be
up in 1993 again.
Whether in 1993 then, one of those two other seats would be
withdrawn from the
at -large category.
Mr. Plummer: Mr.
City Attorney,
Xr, Fernandez:
Yes.
flr. Plummer: I
-
don't understand. that, I don't
thlpk.ths puho
dss<
t
P
Mr. Dawkins: I
don't know what the hell he's
saying,
1 �
2tp8
•' q
�rein.r
for. Plufamer: Now, I will go back to the other thing. I think that the only
fair way to do it, I don't necessarily agree with the straws, I'm sure there
tarn be a method devised, but I think the only fair way to do it is that
everybody runs in 191. Half will get, you now, will get the four year term,
half will get the two year term, and we already know that the Mayor is a four
year term, so you know, that's the only one that's locked.
Mr. r* rnandez: Three of you will have to agree to forfeit your terms then
halfway through. That is...
Mr. Plummer: You either agree to it, or you draw a straw. I mean, I don't
like the straw, but I'm sure there is some better way of doing it than a
straw.
Mayor Suarez: Well, it doesn't affect people whose terms and in 191 anyhow.
Mr. rernandez: Correct.
Mr. Plummer: No, not at all.
Mayor Suarez: Right, so it's kind of unfair to those whose terms would and in
1993.
Mr. Plummer: Well, I'll make a motion, just trying to get off dead center.
Mr. De Yurre: Would you all like to reconsider five at -large and four
districts?
Mr. Plummer: Hey, I you know, I make a motion that all run in 191 and the
implementation be in 191.
Mrs. Range: I'll second that motion. I recall, of course we don't
necessarily have to go by what other areas do, but 1 recall when the County
Commission decided to have staggered terms, they had to sacrifice, there were
several of those persons who sacrificed and this has worked out very well.
Mr. Plummer: And Madam Commissioner, also in the Legislature, they came up
with a pattern that said that the even numbers got a four year term and the
odd numbers got a two year term, because my brother ran and only was elected
for two years, so there's got to be some sacrifice there, so that's the
reason. I think we ought to get off...
Mayor Suarez: Now, there is a motion and then I might want to make reference
to the possibility of staggering in the districts, but does the motion speak
to the Mayor's term?
Mr. Plummer: No, not really. Well, it speaks to the Mayor's term as far
running in 191, yes.
Mayor Suarez: So, the first time that the voters have approved a four year
term for the Mayor, you're going to cut it short to two years? - after all
these years of hoping for a four year term, like all the other Commissioners,
you are going to cut it to a two year term?
Mr. Plummer: There are others that are going to be running that are only
going to have a two year term also.
Mayor Suarez: Well, there's other possible schemes, including staggering them
in so that... I mean, you happen in the comfortable situation of having your
term end in 191 anyhow, regardless of what we do.
Mayor Suarez: Well, how do you, Mr. Manager... and we have a motion, I guess
you seconded it, so we have it on the floor, what is the staggering way of
doing it, so that nobody's term will be cut short?
Mr. Dawkins: But, hold it. We just said we're not going for the strong"
mayor, so why bother with the Mayor's position? I mean, we...
Mr, Do Yurre: We're all $a this together.
Mr. Plummer: Sorry, this is the next election, you know.
"r. Dawkins: No, no, we are not. No, we are not, and I have look, I have no
problems with running again in 191, because if the voters think enough of the
to elect me in 489, they'll reelect so in '91. Now, they may be tired of me
in 191, but that's their prerogative. I don't have any problem with it, but I
don't think that the Mayor has fought all this hard to get a four year term
and then we are going to deny it to him. it's just unfair.
i Mr. De Turret You know what happens in 191...
Mr. Dawkins: Here's my opponent saying he is going to cut my term ten years
short.
Mr. Patterson: Mr. Mayor, if I may, we won't cut you for 15 days, no. Hhat
would be wrong with electing the four members at large, excluding the Mayor,
since he's just started and he's not going to be a strong mayor anyway right
now, to it doesn't matter.
! Mr. Dawkins: But he's still at large, Mr. Patterson.
E Mr. Patterson: What would be wrong with electing the four at large members as
you are talking about in 1991 and leave the rest of the members serve the
terms that ware elected for for the four years.
Mr. Plummer: Because two of us are already up in 191
Mr. De Turret Well, you know what it is, you know what the bottom line is? -
at least politically. Somebody is going to end up challenging somebody else
here.
Mr. Patterson: That may very well be.
Mr. De Yurre: And if I have to be challenged or I have to challenge, I may
just want to challenge the Mayor, you know, if in the whole scheme of things.
Mr. Patterson: Well, there is nothing wrong with that.
Mr. De Yurre: Well, but not if he's not running. You know, so I'm saying, we
all live together and we are not all in this together.
i
Mr. Patterson: Well, if you'd want to challenge the Mayor, then what you'd
have to do is resign and then challenge the Mayor, but I think that would
cause less problems than any other way around. Let the people who are elected
for the four years serve their four years and the four new members would be
elected in 1991.
Mr. Fernandez: No, it won't be for new members, it would be five districts.
Mr. Patterson: No, you got five people on board right now, right, OK?
Mr. Plummer: If you want to go what is fair...
Mayor Suarez: Right. In 191 you can either four...
Mr. Plummer: ... they all run
Mayor Suarez: ... from districts...
Mr. Patterson: Those four would be at at -large.
Mr. Fernandez: No, no, they will be districts, unless you want the at -large
to give up their seats.
Mr. Plummer: You could conceivably.
6 Mr. Fernandez: And I don't see that happening, Mr. Patterson.
Mr. Plummer: All right, call the roll on this. :. o
Mr. Fernandez: There is no roll to be called.
V 1; Ms. Plummer: What do you mean there is no roll to be called?
k
'Q':t
Or. ternandaa: ''i'hi tOt 56 tliar ftt'ion on the Mot.
Mr. Plummer: There is a motion I made and Athalie setondtd.
Mr. he Turre: Tas, well, we are discussing.
Mr. Fernandez: I'm sorry.
Mr. Plummer: The motion is simple. All nine run in 191.
Mr. be Turret OK, well, then I go back to the original position that I had,
which is keeping this form of government the way it is right now, with the
five at large and add four districts. This would keep functioning. We run two
In 191, two in 193.
Mr. Plummer: I can't agree to that.
Mayor Suarez: No, I'm sorry. I didn't understand that is what you were
going to propose. I can't go with that. The staggering in, if I may just put
It on the table as an alternative, I say move it, once I try to understand it,
although I haven't understood it yet. You have nice little sticks here, but I
don't know what they mean. In 191, you are adding two...
Mr. Odio: You can do it any way. You have two people that are going out in
'91 and you can add as many as you want in that election.
Mr. Plummer: Wait a minute. You have two who are running in 191.
Mayor Suarez: Who are for reelection.
Mr. De Turret Or somebody may be going out real quick.
Mr. Odio: Commissioner...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: You told me you were going to retire.
Mr. Plummer: You forgot who put your ass in that chair, I want to tell you.
Mr. Odio: You told me you were retiring. You can add, you have two going out
and you can add as many as you want, then I keep the others until 093.
Mayor Suarez: What is the way of staggering them in if anybody can explain
it? We could add in 1991, how many Commissioner all together, first of all?
Mr. Odio: You have seven in '91.
Mayor Suarez: OK, we have five now, so you are adding two Commissioners
elected from districts in 991, obviously.
Mr. Plummer: Why are you trying to hold off, or hold onto the old system when
you are coming with an entire new concept?
Mayor Suarez: Because people are elected, had been elected for four year
terms and have to run this year and it seems...
Mr. Plummer: Dawkins has said be doesn't mind running in 191,
,. Mayor Suarez: Well, but I don't, you know...
j� Mr, De Turret Does the same thing apply in 193 than, for J.L. snd my�ie'1P?
�Mr. Plummer: Sure. Why not? Could easily be. If I draw the short strap, i
got to run again in 193.
i Mrs. Range: So then you are not really activating a nine member Cpp9Rainp�q� ; t
µntll 1993,
�i,f wMsyQr,Sueret: That's the problem with the stoggerjAS its
{ � y
'p
tor. petnandet: so, no, you activate it in '91, except when everybody gets
elected in 101, Mt will be elected for two Pears, according to the length of
their stick.
iota. flange: But You only have nine people sitting on the Commission and this
is what they
Mr. Plummer: Sure.
:1
Mayor Suarez: Oh yes. OK, now explain how it works, Mr. City Attorney,
Mr. Plummer: Some will be for two years, and some for four.
Mayor Suarez: The City Manager tried to explain it, but...
Mr. Fernandaz: OK. The scheme of Mr. Plummer is that everyone, all nine, will
to to election in 191.
Mr. Plummer: Correct.
Mr. Fernandez: but before they go to election through some system of luck or
lottery, whatever you want to call it, it would be predetermined that four
would be having initial two year terms and five will be having whatever
combinations from districts and at -large of course, five would be having four,
an initial four year term. Thereafter, everybody would then have four year
terms and then you've kicked in the staggering system.
Mr. Plummer: That's correct.
Mr. Fernandez: That is Mr. Plummer's scheme.
Mayor Suarez: OK, but is there any way to have a full nine member
Commission...
Mr. Fernandez: Yes, in 191 you will have them.
Mr. Plummer: you have in 191.
Mayor Suarez:... in 191 without cutting short anybody's terms who...
r
Mr. Fernandez: No, no.
�s
Mr. Plummer: I agree. There is no way...
Mr. Lewis: Very simple.
Mr. Plummer: ... everybody in 191 can run and get a full four years.
Mr. Fernandez: No.
Mayor Suarez: No, no, without... I'm saying a full nine person Commission
without having to have people who were elected for four years have to run for
reelection. I hadn't considered that. How does that work?
4
{
Mr. Lewis: Mr. Mayor, I propose that you consider electing your five
districts and one at large, and I think that would take care of it.
s
Mr. Plummer: Absolutely not. Absolutely not. I always...
=4-
3
Mr. Lewis: You could always move to our area, Commissioner Plummer, run for
'
the district.
{
Mr. Plummer: I don't want to run for a district. I happen to believe that
when I run, I run to represent this entire City as I've been running. I'm
sorry?
2
Mr. -Lewis: Than run at large and sallow the five to be elected from districts.
,
,
+
' Mr, Plummer: gut if you are only taking at one at -large, that would big the
h J 's
Mayor. I have no qualms about running on citywide;
t.t
-MMr;;Dawkins: I call the question.
4
i - c
i
r
?
a
�
n*
ir
c
Mt. be Tntta: Vhit'e the queatlon?
Mr. %6Wkitk*1 The question is everybody tun in i91
Mr. Flumer: That's the question.
Mayor Suarez:
OX, now, if you do that, are there two year tertaa initially ter
'�
some
Mr. Fernandez:
Teo.
Mayor Suarez:
For whom?
Mr. Fernandaz:
For whatever the lottery
system would pick the two year terms.
they ray be, you
know, of thou* four, two
may be from districts...
Mayor Suarez:
So we still have to to a
system of deciding who gets initial
two year terms
and who gets initial four
year terms. There is no way to do it
clean, except
1993.
Mr. Fernandez: Wall, I still propose that there is a system that I started
explaining that is...
Mayor Suarez: Please try it. That has nine members?
Mr. Fernandez: That has nine members in 191.
Mayor Suarez: Now was that?
Mr. Fernandez: That entails that, as I was saying, of the two Commissioners
that are up for election in '91, one of the two would have to forfeit, or one
of the two at -large seats would have to become... would have to to out of the
door, or of the two Commissioners that are up in 1993, one of those two would
have to become obsolete.
Mayor Suarez: Tes at some goingat-large
Y , point we are not oin to have five
Commissioners, so at some point, one of the people sitting up here is going to
have to run from a district, you bet your life on that, if we are going to
j.
continue on the Commission, so sooner or later that's got to happen.
s'
#`
Mr. Plummer: The way the configuration is now, one has to run from a
�
district if you don't 1
y go the other route. You know, all run in 91. It
rhymes.
#'
Mayor Suarez: No, no, regardless whether you run in 191, at some point one of
the somber of the Commission is going to have to run from a district if all
the four people...
Mr. De Turret Maybe not.
}=
Mr. Dawkins: You still go back to the same thing, draw straws.
Mayor Suarez: Tao, because there is only...
-
Mr. Plummer: No, he's right, he's right.
Mayor Suarez: There is only four at large Commissioners and the Mayor, by
definition is at large, so regardless, that's going to happen. The question
Is, if we try to follow this scheme, do we do that in 191, or do-wq;postpoAe
hat painful decision until 193?
Mr. Fernandez: No.
Mir. De Turre: Yell, Mr. Mayor... �
�
55
t
Ms. ; Fernandez: Well, that's the one decision you have to make. If you mak4
that decision in 191, you know, then it's faster, because then in 194, you can
01ect.ali your five district ssatp and you are still „give 4 �ta4Bered tee;,Af
u�rT
wo o{ fobs ears and then ,�°
,. 7: You kpaw, you have a full Commission in. 91. If
xy went to Msit ut#1 1993 to have a full Commissip}�, , th4D you to
vwait4r,
,
People who Are to be elected in '93 to do it273
<�ffi
,
,i
b y9
I
Mr. be Tutfe: Afid the thing is that...
Mayor buaret: I hate to imnplett:ent a flew forth of government and have to gait
until 193 for it to have a full Ct>draission. —
Mr. f'ernandet: None of these are legal concepts. They're all...
Mr. De Turre: And the other option is that one at large challenges another at
large and doesn't run for a district, that's the other option.
Mayor Suarez: Of the two that are up It 191.
Mr. De Turre: Well, everybody is running in 191 and there's five, It,* like
musical chairs. A
Mayor Suarez: Well, that's going to happen anyhow...
Mr. De Turre: There's four chairs, there's five people.
Mayor Suarez: ... at some point, whether it's 91 or 93.
Mr. Plummer: Let's call the question.
Mayor Suarez: Do we need to make this decision tonight?
Mr. Plummer: Yes, you've got to, the implementation date and how it is
implemented.
Mrs. Range: I think the simplest thing is to call the question, Mr. Mayor.
Mayor Suarez: I'm just asking if we need to make that decision
tonight or can we leave that for the next meeting?
Mr. Plummer: Well, you've got an implementation date of '91 and I don't see
anything else.
Mr. Fernandez: For purposes of the resolution that you must pass tonight, it
Is not essential or crucial that all the minute details be decided. In your
opinion, this could be one of those details that could wait until next week,
or until the next meeting.
Mr. De Yurre: But I think we are ready to vote on it, so might as well call
the question.
Mr. Dawkins: You know...
Mr. Plummer: The motion on the floor, as I understand it, is to be
implemented in 191 and all nine run.
Mr. De Turre: That's right.
Mr. Fernandez: Correct.
Mr. Plummer: Is that correct?
ba harm he"s on TV too, but he dbobtk't have the 't a*pbtuto that t h&"o
betsuse I'm here and the esm6rae are on see, OKfi
Mr. Plue®er: Hell, that's only one of your opponents.
Mr. Dawkins: I got more than him? Mr. Patterson, we got *Me eMpany,
Plummer says we got some company. OK, all right.
Mr. Plummer: And you haven't heard from Prentice yet. He ran against me.
Mr. Dawkins: So you know, I think if we do it and everybody run in 191, than
everybody is running, so all the people who are desirous of sitting here and
want to challenge somebody here, they can make up their minds what they are
going to do and let's do it.
Mayor Suarez: OK, we have a motion and a second.
Ms. Alice Robartson: Can I just make one quick point?
Mayor Suarez: At your own risk. I can't imagine that it would help at this
point unless you have a better scheme, but quick, quick.
Me. Robertson: I'm Alice Robertson. I just want to...
Mr. Dawkins: Your address please, Mrs. Robertson.
Ms. Robertson: 5991 NE 6th Court. I just wanted to say that as a voter, that I
voted on the Mayor's term being four years and I would like to have that
remain intact and I specifically spoke on that issue last time and I think
that that would be unfair to make the Mayor run again after we've already
voted on that.
Mr. Plummer: We voted on that predicated on the present form of government as
it existed that day. Today we are talking about an entirely new ball game.
Mayor Suarez: We have a motion on the floor and a second. Any further
discussion? If not, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 89-681
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN
AMENDMENT TO THE CITY CHARTER FOR REFERENDUM ON
NOVEMBER 7, 1989 IN REGARD TO CHANGING THE CITY
GOVERNMENT, SAID AMENDMENT TO REFLECT THAT ITS
IMPLEMENTATION, IF APPROVED, WOULD BE NOVEMBER 1991;
AND THAT ALL NINE (9) MEMBERS OF THE CITY COMMISSION,
INCLUDING THE MAYOR, SHALL RUN FOR OFFICE AT SAID
TIME; AND FURTHER STATING THAT THE CITY COMMISSION
SHALL DESIGNATE BY 1991 THOSE SEATS WHICH ARE TO RUN
FOR ONLY TWO YEARS IN ORDER TO FACILITATE THE REQUIRED
STAGGERING OF THE NECESSARY COMMISSIONERS' TERMS.
(!tote for the Record: The essence of this motion was
later integrated into R 89-686.)
Upon being seconded by Commissioner Range, the motion was
adopted by the following vote: passed and
AYES: Commissioner J. L. Plummer, Jr.
1 Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez z
NOES None.
ABSENTS None
41 t S t h v 1-A
M$ or Suarez: AnYhiA. tirthar;si4:"'tp�ayythat wg ►4ttg8o}
'
N
270
dr..
Mtt Plutwh6tt Salaries.
Mayor Suarez: That's absolutely essential betauae we...
Mr. De Yurre: I'll make a motion on that.
Mt. Dawkins: City Attorney, let's get out of here.
Mayor Suarez: Mr. Vice Mayor, what is the motion?
Mr. Dawkins: What else do you need?
Mr. Plummer: Salaries!
Mr. De Yurre: It is my understanding... salaries!
Mr. Dawkins: What else you need, sir?
Mr. Fernandez: I need salaries.
Mr. De Yurre: I'm working on that. I'm going to make a motion on that.
Mr. Dawkins: Open! Salaries open, that will help defeat it.
Mr. Fernandez: And then again, you need not address salaries.
Mr. De Yurre: It is my understanding that the $5,000 salary was set in 1949.
Mr. Plummer: That's correct.
Mr. De Yurre: And I would move that take that figure, 1949, put it to the CPI
(consumer price index) and bring it to date and continue with the CPI as the
years go by.
Mr. Dawkins: You haven't been here as long as J.L. and I. We've been to the
voters with that and they've turned it down, how many times, J.L., since I've
been here?
Mr. Plummer: Every time.
Mr. Dawkins: OK.
Mr. Plummer: Well, let me speak to something...
Mr. De Yurre: Well, especially if we are going to be talking about being in
committees which takes that much more time and shifting of the total form of
government.
Mr. Dawkins: Did you hear Annette Eisenberg voice the sentiments of the
majority of the people I've talked with? - that she's not going to raise the
salary?
Mr. Plummer: Let me disagree with you, Miller. Let me disagree with you.
Mr. Dawkins: OK, go ahead.
Mr. Plummer: You know, I have always considered it an insult to say that my
salary is $5,000. To me, it is a partial reimbursement of expenses, OK?
ti
Mr. Dawkins: Partial.
Mr. Plummer: Now, as far as I'm concerned, I don't think... I don't agree
with the Ad Hoc Committee. I'd love for it to be, I don't agree. I don't
think that it should be set by the City Commission. I think there should be
rx.
some formula that don't have to go every year and say, hey, we are going to
L'
�a
get an increase. I think there should be a formula that is established that
is
3
automatically increases, if its the cost of living, or whatever it is,
f
think there is one other subject that I want to broach, and I guess itIa'
because I've been here so damn long. The City...
r
NAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE fUBLIO RECORD,RECORD,I
27641►_�i!it
Mr. De Yurre: Mould you like to make some other kind of motion?
Mr. Plummer: That's two, Odio. Three strikes and you're out. The vote of
confidence will come very quickly, defeatedl I think it is totally unfair for
a person to serve in this capacity or any capacity in this City that is not
afforded a pension. I think that is totally unfair. Now, City employees get
it. I'm not saying that the City Commission should get the same pension that
a City employee gets. But I think that if a person serves whatever number of
years would be determined, that they should be entitled to a pension.
Mr. Dawkins: Nine, I got nine.
Mr. Plummer: Excuse me?
Mr. Dawkins: I got nine, it should be nine years.
Mr. Plummer: Well, you know, any number you set, I'm going to qualify, so I
guess it is wrong for me to even bring it up, but I do believe... I do
believe...
Mayor Suarez: No, I have a feeling you wouldn't qualify because it probably
wouldn't be retroactive, but...
Mr. Plummer: Hey, I do believe that there should be some benefits provided in
pension to a City Commissioner. I wholeheartedly endorse that idea.
Mr. Fernandez: There is precedent in the Legislature.
Mr. Plummer: Yes, but come on, you are joking me. You know, next year...
Mr. Fernandez: No, no.
Mr. Plummer: ... listen to this, isn't this great.
Mr. Fernandez: For State Legislators, I mean.
Mr. Plummer: No, no, any elected official. Next year, I get a pension
mandated by the State of 50 percent of my salary, $2,500 a yearl
Unidentified Speaker: Too much.
Mr. Plummer: Huh? Too much?
Mr. Fernandez: No, but what I meant is, that there is precedent in having the
concept be applicable to you and you determine the terms and conditions.
Mr. Plummer: It's wrong that a man should have to serve for ten years. You
know, it's almost as much as an insult that I sit here and serve for 20 years.
You give me a life insurance policy as long I'm here, but the day I step out
the door, the hell with you. You know, my ulcers were generated why I worked
here, and when I die from the ulcers, I'm not covered.
Mayor Suarez: But on the issue of salaries per se, and I'm not, I don't mean
_ to drop that, if you want to make that into a form of a motion, but on the
issues of salaries per se, the alternative to the increase based on the
consumer price index since 19... whenever it was that it was that, the
alternative to that, that might pass is one that's based on State law for
municipalities of certain population and which is now used I know by Broward
County among others, for setting its salaries. I think in the City of Miami,
the Commissioners, according to our population, would make something in the
mid -twenties, I think is the last time I looked at it, because...
Mr. De Yurre:
Mayor Suarez:
Mr. De Yurre:
Mr. Plummer:
Mr. De Yurre:
makes $48,287.
Ft. Lauderdale makes $48,000.
With that same formula?
Well, I'm looking at what the report says here.
Is that on the consumer...?
I don't know what index it is, but it says here Ft. Lauderdale
Mr. Plummer: Well, is a good guide the consumer index? What would be a
formula that would be fair and would exist, the time and...
Mr. De Yurre: It's an ongoing thing. It's just like if you lease a building.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, I mean would it not be fair?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, I'm saying, would it not be fair?
Mr. De Yurre: If the voters back in 149 felt that that was an adequate salary
and you just give the... bring it along.
Mr. Plummer: Well, whatever, I don't want to set my salary. I don't think it
is proper to do such, but I think there should be a formula that is applied to
the salaries of the City Commissioners.
Mr. Fernandez: Mr. Mayor, it would be sufficient for purposes of tonight's
discussion if you were to pass on that concept, salary, with a formula as a
cap and then perhaps by next week, or by the next City Commission meeting, you
can clarify that issue so that it can be rewritten in the Charter amendment.
Mayor Suarez: You are saying with the formula as a cap so that we have some
formula, I mean, so we have some indication of how high it could go.
Mr. Fernandez: Just like with map, you know, the idea of five districts, but
which configuration. That can be decided next City Commission.
Mayor Suarez: Well, I'll tell you what. I would suggest that someone make a
motion on the issue of salary, because otherwise I'll make the motion and
maybe it won't be seconded, but it certainly would enhance the chance of this
whole scheme passing and that would be the motion that we leave the salaries
exactly the way they are.
Mr. Fernandez: Correct, that is also valid.
Mr. De Yurre: I'll make a motion that we leave the scheme for salaries...
Mayor Suarez: See, that got a response.
Mr. De Yurre: You know, legally, we are going to get one, no question about
that, that we leave then, for the next meeting, the issue of how it is going
to be implemented, that we go on some formula to be determined at the July
27th meeting.
Mr. Plummer: Huh! And I was about ready to offer that the Mayor would make 10
percent more.
Mayor Suarez: I'll waive that in favor of your pension, that extra ten
percent.
Mr. Portuondo: Can I make... can I offer one number?
Mayor Suarez: Yes, try anything.
Mr. Portuondo: The City of Newark, New Jersey has the same four -five split
that you voted on and the Commissioners there make $37,000. That would be
fair.
Mr. De Yurre: But for ad infinitum we run into the same thing what happened
Mr. Portuondo: That's what they set the budget at right now, that' consistent
with other major municipalities.
Mr. Plummer: I have no problem with that as long as you build in a CPI on an -
annual basis so that it doesn't have to come back up every year. The problem
that we've had in the past, is that the 1949 $5,000 was locked in. It was
locked in! Now, I'll go for any reasonable number as long as this CP It
applied in the future.
Mayor Suarez: Set a number then, for lack of anything better, motion...
Mr. De Yurre: Well, let's go with what he just mentioned.
Mr. Plummer: I'll go with the $37,000 with the consumer price index.
Mayor Suarez: Revised on a yearly basis? Is that what you are saying, Mr.
Commissioner?
Mr. Odio: By now we are working on formulas to tie in the union negotiations
to the growth of tax base, and not to CPI.
Mr. Plummer: That's fine, any kind of formula you want. I am not trying to
set it.
Mr. De Yurre: Well, are you making a motion? I'll second that.
Mr. Plummer: I will then make a motion of the Commissioner's salary be set at
$37,000 in 1991, with the growth of the tax base be applied to annual
reconsideration and that the Mayor make ten percent above that of a
Commissioner.
Mayor Suarez: So moved.
Mr. De Yurre: What do you mean by the annual reconsideration? Does it set in
automatically based on the tax increase?
Mr. Plummer: Every year, whatever that growth in the tax base is, that
percentage would be applied to the Commissioner's salary.
Mr. De Yurre: It's an automatic thing.
Mr. Plummer: It would be automatic without having no argument...
Mr. De Yurre: I'll second that.
Mr. Portuondo: And there is no outside limitation on income, so there is no
limitation on outside income.
Mr. Plummer: Yes, but also now I think that it has to be remembered if the
tax...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No. If the tax base drops, then the Commissioner's salary would
likewise drop by the same percentage. '
Mr. De Yurre: But not below the $37,000.
Mr. Plummer: Oh no, no, that's not fair. No, no, if the tax...
Mr. De Yurre: It don't matter, it's never going to drop, don't worry about
that.
Mayor Suarez: Yes, if that happened, they wouldn't reelect any of the ones
here, I guarantee you. All right, we got a motion, a $37,000, and increases
in accordance with, or decreases in accordance with the increase or decrease
of the tax base of the City and the Mayor to get ten percent more than that at
any time.
Mr. De Yurre:
it in there?
t
You want to pull that out, the ten percent, or you want to keep
Whatever...
279 July 13, 009
f
: ME. Plufhkoti t ththk it is 6bly fair that the Mayor hake teh 0erceht 66t4i
Mr. be Yurre: 'Mey, if you feel..,
—
Mr. Plummer: ftcuae me?
Mayor Suarez: It's about roughly $40,000. Doesnyt matter from my p6tt000tive
x
as I am going to vote against the motion, but... any further dtacubsiba oh ttt
Do we have a second on it?
t
=
Mr. De Yurre: I'm seconding.
4 § Mayor Suarez: Moved and seconded. Any discussion? if not, call the roll..
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
f
MOTION NO. 89-682
i
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN
AMENDMENT TO THE CITY CHARTER FOR REFERENDUM ON
-
NOVEMBER 7, 1989 IN REGARD TO CHANGING THE CITY
GOVERNMENT, SAID AMENDMENT TO STIPULATE THAT THE
SALARIES OF THE CITY COMMISSIONERS WOULD BE SET AT
$37,000 PER YEAR, WITH THE MAYOR BEING PAID TEN
PERCENT ABOVE THE COMMISSIONERS' SALARIES, AND FURTHER
INSTITUTING A MECHANISM BY WHICH THE COMMISSIONERS
—
SALARIES WOULD BE ADJUSTED YEARLY BASED ON THE TAX
BASE OF THE CITY OF MIAMI.
(Note for the Record: The essence of this motion was
later integrated into R 89-686.)
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
t Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
u
NOES: Mayor Xavier L. SuarezIAN_
ABSENT: None.
Mayor Suarez: No, and let me just tell the Commissioners...
Mr. Plummer: B000000l
Mayor Suarez: ... we can still change our vote between now and the 27th on
;
that, I presume maybe, hopefully....
Mr. Plummer: Sure.
—
Mayor Suarez: ... that remember that you want to have something before the
_ voters that has a high chance of passing, and that could hurt it. OK, anything
- further?
T'
r,
- Mr, Dawkins: What else do you need, Mr. City Attorney?
5
;.: Mr. Fernandeza I don't need anything else, l have...
- Mr._.Dawki.ns: OK, fine. That's it.
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16. GRANT REQUEST BY REPRESENTATIVES OF THE ANNUAL COLOMbIAN FESTIVAL OF
MIAMI "20TH OF JULY" FOR USER FEE WAIVER - cotcerning Fifth Annual
Colombian Festival at Bayfront Park (See label 72).
Mayor Suarez% OK, if we don't have any urgent matters.
Mr. Dawkinst Yes, I do, yes, I do, I got two.
Ms. Range: ,lust one.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Moore, come to the mike. Now, Mr. Moore went to the
Bayfront Park, asked for a waiver and he was not given the waiver. Now, we
have free days and all that and what have you so, Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Dawkins: Get with Mr. Moore and see that he gets one of those free days.
OK?
Mr. Plummer: Well, wait, whoa, whoa, whoa now.
Mr. De Yurre: Well, what does he want it for?
Mr. Plummer: What's he going to have down there?
Mr. Odios See, it's a Colombian festival, Commissioner. Itfs a good event.
Mr. De Yurre: Is it a profit making or non profit?
Mr. Nat Moore: It's nonprofit.
L
IL
Mr. Odio:
Nonprofit, yes.
Mr. De Yurre: Nonprofit.
Mr. Plummer: How many days?
Mr. Moore: Two days, Saturday, Sunday.
Mr. Plummer: And all you're asking - you asked for was
the rental of the...
waiver rental.
Mr. Odio: Yes, sir.
Mr. Moore: Right.
Mr. Plummer: And it was denied.
Mr. Moore: Denied.
Mr. Plummer: And Mr. Katz, can you tell us why?
Mr. Ira Katz: The board felt that based on last year's attendance and the
roes sales that they
y gave him a flat fee instead of a
percentage rental of
$10,000 for two days.
Mr. Odio: We have free days.
Mr. Plummer: Yes. What did they pay last year?
}
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}
Mr, Katz; Last year, the rental for the park, I
believe, was in tha
A41ghborhood of $23,000.
4
UNIDENTIFIED SPEAKER: Nine thousand.#5
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{ fir• kgtt: Nine thousand wao the rtntai plus the: othat costa that wefts
feiated
Mt. Plummer: All right, now, let's understand, I'll go along with that with
this proviso. Mr. Moore, You understand, sir, that we are now subsidizing
Your fair and under our rules that exist today, You cannot expend one dollar
of that money until this Commission approves it. bK? in other words, you
can't take - you can't tell me what you're going to do for charity without
this Commission approving it.
Mayor Suarez: Of the net?
Mr. Dawkins: Of the net. Yes, of the net.
Mr. Plummer: We are subsidizing them.
Mr. Dawkins: Of the net.
Mayor Suarez: Well, in the sense that we're waiving the use of the rent for
the use of the amphitheater.
Mr. Dawkins: I ain't worried about that, I mean, we're... I want the days, I
don't want that other stuff, I don't
Mr. Plummer: Huh?
Mr. Dawkins: Go ahead.
Mr. Moore: Excuse me, you say that you're subsidizing the entire event?
Mr. Plummer: Yes, sir, we're allowing you to go without rent. OK? In
effect, we're subsidizing you because the rent you don't pay, we've got to
subsidize the authority at the end of the year to meet operating expenses.
Mr. Dawkins: No problem.
Mr.
one
Plummer:
dime of
All right? Now, all I'm
that
saying to you is that you cannot expend
money without Commission
approval.
Mr.
to
Dawkins:
make scholarships.
All he's saying is that
You
when you make your money, you're going
know what it
just say,
is, that's all.
I'm making scholarships for this and we
Mr.
Plummer:
And you got to supply us
with an audit.
`
Mr.
Dawkins:
That's all.
f
Mr.
Moore: OK.
Mr.
Dawkins:
All right.
The following resolution was introduced by Cotnrnissioner D*vkin*# 'Wh6
moved its adoption:
RESOLUTION NO. 89=683
A RESOLUTION GRANTING THE WAIVER FOR THE USER FEE OF
THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK IN
CONNECTION WITH THE FIFTH ANNUAL COLOMBIAN FESTIVAL OF
MIAMI 20TH TO BE CONDUCTED BY THE COLOMBIAN FESTIVAL
COMMITTEE ON JULY 15-16, 1989, SAID WAIVER BEING
CONDITIONED UPON THE COMMITTEE PROVIDING A COMPLETE
AUDIT TO THE CITY COMMISSION AT THE CONCLUSION OF THE
FESTIVAL; FURTHER DECLARING THAT SAID EVENT SHALL BE
COUNTED AS TWO OF THE THIRTY (30) DAYS RESERVED FOR
USE BY THE CITY PURSUANT TO ORDINANCE NO. 10348.
(Note: See related R 89-672)
(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.
Mr. Dawkins: Now we got Bob Kuntz for the last item, please.
Mayor Suarez: And remember to take care of the park, Nat, so that cars don't`
drive all over it.
Mr. Moore: Good as done.
Mayor Suarez: All right, sir.
Mr. Plummer: That's this weekend, right?
79. DIRECT MANAGER TO IDENTIFY FUNDING SOURCE AND TO ALLOCATE $25,000 TO
"CURE AIDS NOW".
_ Mayor Suarez: Mr. Kuntz, did you want to make a quick statement, sir?
because we don't have you on the agenda.
Mr. Kuntz: I know, I appreciate your letting me on. Bob Kuntz, do you want
my home address, or office?
Mr. Dawkins: Either one, it doesn't matter.
Mr. Kuntz: OK, 2240 South Dixie Highway, which is Cure AIDS Now headquarters.
I'm director. I'd like to just say first of all that we have a number of our
clients that are here. We have a Thursday Hispanic group of people that we
are serving and also volunteers and what have you, so I just want to introduce
them very briefly. Could you all just stand for a second, because we don't
have a lot of time. This is... everybody, thank you. We also have kids that
are right now at our headquarters because we are baby-sitting for them. This
is Marlene Rivas, who is our director of operations and Dominic Negrelli who"
in director of meals on wheels program and Manny Estrada who is head of our
''- Hispanic energy out there. Let me just give you one thing. This is the
people walk in to our headquarters on Dixie since January and that is just
Dominic's clients.
Unidentified Speaker: How many walk-ins?
Mr. Kuntz: I want to give you a breakdown of what's happening here, Marlene,
hold on. We have taken care of, this year alone, just since January... oh,
excuse me, just since the beginning of the food program, which Miami was the
first in the country to deal with. We've handled 146 Caucasians, 210 Black,
257 Hispanics, and 89 Haitians. Of this figure, 177 are women, and 182 are
children under 20. We lost in the same period of time, 180 people, 94 moved,
and 253 were temporarily on our program, that we got into another situation.
Last time when we came to you and Miami set the tone, and this has become a
model program for the rest of the country and which we've gotten a tremendous
amount of international recognition on. What happened is, last year you gave
us $44,386 in money, which we then went to the County to get their support and
then we got the City of Miami Beach support and I'm happy to announce that the
State of Florida has just came in even though it's minor league, it is only
100 meals a day for us to do our effort with the indigents in Broward, and
$30,000 for a van, it's the fourth government to deal with keeping people
alive. I want you to know this is the most radical thing that is happening in
the United States. This is a model for the United States, because AIDS is
manageable. It is not an automatic death trip and the rest of the country is
functioning on that level, why bother? So what is happened here is that we
are not just delivering the food, but the hope and the compassion and the
alternative. Now, what happens is, the City is giving us only $27,000, in
spite of the fact we have ten times the number of people. To put it mildly,
we don't understand what's happening, because this is a life and death
situation. The people that we get from 40 agencies that are coming to us, are
actually at the bottom of barrel. These are people who have nothing and we
are dealing on a crisis situation and we are all in a stage of burnout. I
would to gibe you an example of what happened just one case this week alone.
In fact, it was just resolved today. We had one young man, Jose Guerra, who
had passed away after we had him to the hospital, because he wouldn't
go and deal with anyone else, after we were delivering the food, and the whole
nine yards and today alone, we had a contact, we finally found his family in
Spain. They are so poor, they didn't even know that he was sick, let alone
that he passed away, let alone that he died of AIDS. Now, we have to
negotiate with the Spanish Embassy to try to even deliver the body, because we
cannot afford it and they won't do it. Now, what do you do with a situation
like that? This has been a two week affair with this one case alone. We are
doing the case management because nobody else is doing it. It is not
happening. I can't even begin to tell you all the horrible problems that are
going on there, but we are not only the most legitimate agency, but we are the
biggest bang for the buck. Not only have we given the City of Miami and what
we are doing international recognition. I want you to know that at the
International AIDS Conference in Montreal, we were one of the only community
based organizations, anywhere, to have our abstract on nutrition and stress
reduction as an alternative to hospitalization accepted in there and I can
give you a whole list of that.
Mayor Suarez: Yes, we don't need... I forget what, if anything we did last
time and where we got the money.
Mr. Kuntz: $44,386 and now we got $27,000. What we are asking for is a
hundred and seventy-one. We need headquarters in Overtown. We've got to
deal with the crisis that we are already dealing with. We're in the crack
houses...
Mayor Suarez: And the County still isn't pitching in, or what?
Mr. Kuntz: They are not pitching in for the case management and we're having
a big battle because all of our food runs out at the end of August and we have
to go up before the County on the 25th, which we just got together today.
Now, I would like to suggest very simply that this Commission and the City
Manager, and I love you all very much, but you guys, went and took $2,000,000
to get the Camillus House to move three blocks away, which came out of
Community Development funds and I want to say that the Community Development k
Commission that we went before wanted us to get at least $77,000 of their
money and the balance be made up in terms of the Commission itself. Then, the
second thing is, that we have you know, you sell a piece of property to do k
something for you know, a group in Little Havana. You know, you earn $600,000:
284 July 13, 1989
additional from the arena, the point is that we need our fair share and this
is a life and death issue and we need your leadership and support.
Mayor Suarez: Well, the only thing I can think of is to have the... refer to
the Manager at this point, because we haven't even had time to think about
this and have them make the recommendation on the 27th.
Ms. Marlene Rivas: These people here came tonight because they were told
tonight that the food ends in August; we are out of food.
Mayor Suarez: Or I... we could build in if you want, you know, discretionary
amount, Mr. Manager, to help out with the food situation for that period of
time, but I can't imagine deciding anything at this point, other than that,
within your discretion.
Mr. Kuntz: What we've asked for, very simply is, $54,750, just to cover 50
clients, just 50. I want you to know...
Mayor Suarez: The only thing I can think of is the discretionary, within the
discretionary amount until the 27th and 1 think that's fair to the Commission,
been sitting here all day.
Mr. Odio: How much?
Mayor Suarez: Within your discretionary amount...
Mr. Odio: $4,500... (Inaudible)... numbers.
Mayor Suarez: Well, I presume it buys food until the 27th, that's the bet we
can do. We don't have social service programs.
Mr. Kuntz: We have food until August.
Ms. Rivas: Until August.
Mayor Suarez: OK, well, make a recommendation on the 27th, Mr. Manager,
unless somebody has a different...
Mr. Kuntz: All right, can I ask you just one other consideration?
Mr. Plummer: Well, you know, this is tough! I mean, these are people that
are back to the wall. They are back into the wall and they've got no place
else to turn. What do you need, what is your short term need, let's say, in
the next 90 days, from now until October 1st?
Mr. Kuntz: All right, the total that we're asking for right now is just...
Mr. Plummer: No, no, that's not what I... Bob, please. From now until
October 1st, what is...
Mr. Kuntz: We can come back with you, if we had $20,000 or $30,000 extra from
what you are already giving us, that's an immediate crisis that we are dealing
with. The point is that we have got to have more people to work with us. Let
me tell you something. I personally have been sick for the last two weeks. I
am so burned out, I'm dealing with this, because I just can't take it anymore.
And I got to tell you guys something, you talk about 1993 with your new thing
here...
Mr. Plummer: Bob, I'm going to make...
Mr. Kuntz: We are going to have 100,000 full blown cases here. Is anybody
coming to terms with this reality?
Mr. Plummer: Bob, I'm going to do the best I can. I am going to make a
motion that instructs the Manager to make $25,000 available for this program
to carry you to October 1st.
Mr. Kuntz: That's great.
Mr. Plummer: Now, where you are going to get the money, I don't give a damn!
But you got to find that money with people that have got their backs to the
wall, I hate to do that, but let me tell you something, if you want, I am
285
July 13, 1989
gbing to go out and start cutting soma other things, because let m tell
you...
Mr. Dawkins: Mr. Plummer...
Mr. Plummer: Yes, sir.
Mr. Dawkins: ... is that in addition to the $27,000, or is that in plate of
the $27,000. We need to give some directions over here.
Mr. Plummer: It is in addition. That money has run out. Now, I don't know
What we can do after October 1st. We are a small fish in a big pond of a big
problem, but damn it, I can't let them walk away from here empty handed. Now,
I'm sorry.
Mr. Kuntz: Can I...
Mr. Plummer: What's your idea?
Mr. Dawkins: What's your motion, J.L.?
Mr. Plummer: My motion is the Manager be instructed to find $25,000.
Mr. Dawkins: Second it, so we can go home.
Mr. Plummer: Fine, that's great. I make a motion that of the $54,000 that I
made for this City in the Unlimited Hydroplane Regatta, that $25,000 of that
money be given to them.
Mr. Dawkins: No, because, and another group come down here and you don't have
$54,000, what am I going to do?
Mr. Plummer: Hey, I'm open to anything that you all want to do, Miller, OK?
Mayor Suarez: Was that net of all costs?
Mrs. Range: Let's go with the $25,000.
Mr. Dawkins: I'll tell you what, I'll vote for that if you add the $5,400-to
the $27,000. OK, take your fifty-four...
Mr. Plummer: I was only giving them twenty-five of it.
Mayor Suarez: That is net?
Mr. Plummer: Look, I'm not going to... excuse me. Mr. Manager, you get it
from wherever, from my Unlimited profit or wherever!
Mayor Suarez: We have a motion we have a second and we have no more seconds.
Call the roll. We did have a second, did we not...
Mrs. Range: Yes.
Mayor Suarez: ... Madam Range? All right, Commissioners.
The
following motion was introduced by Commissioner Plummer,
who moved
its adoption:
MOTION NO. 89-684
A MOTION INSTRUCTING THE CITY MANAGER TO ALLOCATE
$25,000 TO "CURE AIDS NOW" TO CARRY SAID PROGRAM UNTIL
OCTOBER 1, 1989; FURTHER DIRECTING THE CITY MANAGER TO
+^
IDENTIFY AN APPROPRIATE SOURCE OF FUNDING.
�F
Ff�
=Upon
being seconded by Commissioner Dawkins, the motion was
passed<an4
t
adopted by
the following vote:
j
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$$ AtIr 13 1999
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IV
AYESt 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 would have no problems with the money coming from the Regatta,
but this Commission subsidized the Regatta, so now, you are talking about
subsidizing and subsidizing right on, so I vote yes.
Mr. Plummer: I'm happy to tell you it wasn't subsidized this year.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: So we know about the issue of the Regatta, Mr. Manager, would
you tell us instead, how much money all of a sudden we have from the Regatta?
Next Commission meeting, inform us how much we made net of all the costs that
it cost us, please.
80. URGE METROPOLITAN DADE COUNTY TO ESTABLISH POLICY TO PROVIDE POLICE
PROTECTION AT ALL METRORAIL STATIONS.
Mrs. Range: Mr. Mayor, just before we close...
Mayor Suarez: Yes, Commissioner Range.
Mrs. Range: ... I have just one pocket item. This has already been... I've
talked with the County Manager about this, but I'd like it to be written into
the record, and this is a resolution establishing policy, that police
protection shall be provided at all Metrorail stations located in the City of
Miami, Florida, said police protection to begin at least 50 minutes before and
end no less than 50 minutes after the scheduled closing of each such Metrorail
station. This is come about because of the recent killing we had at our
station. The County has passed a resolution for all of the stations located
in the County and I did speak with the Manager. He said it can be done
without additional funding.
Mayor Suarez: I would think that they would do that, yes. Moved and
seconded. Any further discussion? If not, call the roll.
Mr. Plummer: Excuse me, may I understand. Are you saying that City policemen
would be used?
Mayor Suarez: No...
Mrs. Range: Yes.
Mr. Dawkins: Only if it is...
Mrs. Range: Only at the stations in the City of Miami._
Mr. Plummer: Well, I think you got a legal problem there. I think, because
that is property of Metropolitan Dade County. I think what we are trying to
do, the bottom line, is to get the protection and I think what we really are
r
doing is urging the County to put more protection, because I don't think we.
really have jurisdiction on County property.
Mr. Fernandez: It is not an issue of going in the property. It is an issue
of providing a patrol to be at the entrance of...
Mayor Suarez: But how can the County as a matter of policy provide that kind
of protection in all of the stops except in the City of Miami, that doesn't
43`
make any sense.
287 ,July 130 19W :.
,
1p 0
Mr. Fernandez: They do not provide it
Mr. Plummer: Anybody anywhere.
Mrs. Range: They don't have it now, that's the...
Mayor Suarez: I thought you said they were going to provide them, the ones in
the County.
Mrs. Range: Yes, they will. This is only because of the unarmed people there
at night, you know, at midnight.
Mayor Suarez: Right, but they should provide, the County should provide it in
all the stops, County and City. I mean, the City is in the County,
Commissioner.
Mrs. Range: Well, I realize this, but I didn't know whether we could be of
assistance in placing them around City areas.
Mr. Plummer: Well, let me...
Mayor Suarez: I think it should come out of County resources. I mean, we're
in the County, we pay County taxes. They should provide County officers for
locations in the City. I mean, they are also in the County.
Mrs. Range: I have the ones that are here, there's about seven of them, yes,
seven of them.
Mr. Plummer: Well, if you want my opinion, Mrs. Range, I think what you are
trying to accomplish is the safety of the people who are using Metrorail and
as far as I'm concerned, Metrorail is the direct responsibility of
Metropolitan Dade County. It is the property of Dade County and I think that
this Commission should urge Dade County to put the proper protection in those
stations.
Mrs. Range: All right, we'll go with that. I will refer this to, at least
I'll ask the Commission to...
Mayor Suarez: And if that doesn't get it accomplished, obviously we have to
consider it. We ought to have a decent level of protection, but the County
should provide them for the City, I mean, the City is in the County.
Mr. Plummer: You got a jurisdictional problem.
Mayor Suarez: Yes, besides that, but then we'll cross that bridge when we get
there.
Mayor Suarez:
OK, so moved.
Mrs. Range:
All right, so what are we going to do at this
point?
Mayor Suarez:
To move that the County provide the protection in...
Mrs. Range:
That we urge the County to provide the protection.
_ Mr. Plummer:
Of course.
`r
- Mayor Suarez:
Sure, all the stops, including those in the
City, I mean, we're
part of the County. We pay County taxes, that's the least
they could do.
°*
Mrs. Range:
All right, this is for the protection of the
guards, the unarmed
— j guards who are there.
Mayor Suarez:
I don't know what their scheme is for...
Mrs. Range:
They have no protection at all. They have no
guns and...
- Mr. Plummer:
The other point that was brought out was
that a man alone by
himself is not adequate.
r
Mrs. Range: That's right, because even though these men do not have funds on
them, money... x
288 .duly 130 .1909
r
1Iayor Suarea: 'No, I think the County Manager ought to be present to Ahlb"r
questions on that, or the County public Safety Director and in the meantithe,
we have a Motion in principle that they provide adequate protection in ill the
*tops. OK, so stated, so moved and seconded, call the roll.
The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION NO. 89-685
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
URGING METROPOLITAN DADE COUNTY TO ESTABLISH A POLICY
THAT DADE COUNTY POLICE PROTECTION BE PROVIDED AT ALL
METRORAIL STATIONS, INCLUDING THOSE STATIONS LOCATED
IN THE CITY OF MIAMI, FLORIDA, SAID POLICE PROTECTION
TO BEGIN AT LEAST FIFTY MINUTES BEFORE AND TO END NO
LESS THAN FIFTY MINUTES AFTER THE SCHEDULED CLOSING OF
EACH SUCH METRORAIL STATION; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO
THE HEREIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
NOTE FOR THE RECORD: At this point, the Agenda item dealing with
the Commission on the Status of Women was deferred to the next
meeting. (July 27, 1989)
--------------------------------------------------------------------------
81. (Continued Discussion) INSTRUCT CITY ATTORNEY TO DRAFT CITY CHARTER
AMENDMENT RESTRUCTURING THE CITY COMMISSION - Increase number of
Commissioners from 5 to 9, some to be elected from single -member
districts - Set forth boundaries of 5 single -member districts - Provide
for future realignment of boundaries - establish Commissioners'
Salaries, plus automatic adjusting mechanism - Establish method of
implementation (See label 77A-F)
----------------------------------------------------------------------
Mr. Fernandez: Mr. Mayor, I
need you to
incorporating all of the individual
pass
votes that
one last resolution
you took,
instructing me.
Mayor Suarez: I'll entertain a motion
that takes all of
the
the Charter revision and puts them
into
resolutions as to
one motion.
Mr. Dawkins: So move.
Mr. Fernandez: Thank you.
z
Mayor Suarez: So moved.
-z
z
^i10
:�y
f s 5
y x
}}
Y L4
—
q*
}
74
All 0t the ehattei ih bft*4 i i t6 that what YbU &te Ba i
.c-. :-
Eg= P6tft&nd*it Yea, all 1hdepeiid6ftt vote* You took,
_
MAY6t Suatet Call the roll.
The following resolution was introduced b C
iaot►ea its adoption: #' arti�issionet liawitiea; ''p
Y j�c
RESOLUTION NO. 89-686
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT
AMENDMENTS) TO THE CITY CHARTER FOR REFERENDUM ON
MOVEM13ER 7, 1989, IN REGARD TO CHANGING THE STRUCTURE
OF THE CITY COMMISSION, THEREBY INCREASING THE NUMBER
OF COMMISSIONERS FROM FIVE TO NINE, FIVE OF WHOM TO BE
ELECTED FORM SINGLE MEMBER DISTRICTS WITH THE
REMAINING FOUR COMMISSIONERS TO BE ELECTED AT LARGE,
ONE OF WHOM TO SERVE AS MAYOR; SETTING FORTH THE
BOUNDARIES OF THE FIVE SINGLE MEMBER DISTRICTS AND
PROVIDING FOR FUTURE REALIGNMENT OF SAID BOUNDARIES;
ESTABLISHING THE SALARIES OF COMMISSIONERS AND THE
MAYOR AND PROVIDING A BASIS FOR CHANGING SAID
SALARIES; AND ESTABLISHING A METHOD OF IMPLEMENTING
THE NEV STRUCTURE 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 pas
adopted by the following vote: sed and
` AYES:
Commissioner J. L. Plummer, Jr.
" Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez h
b. tY`
C rid +d� 74 x.4.3.:
NOESt: None
f
ABS
ENTa None.
TH�H BEING NO FORTHSR ROSINESS SO GORE CMEISSIOIF, � FETING WAS ADJOUFAM AT 9:32 P.M. BSFORB lid CITY—
Xavier L. Suarez-
N A Y O $ -
ATTEST:
r.
Natty Hirai
CITY
�
CLERK�f T
Ui & r
Waiter J F
.QpTQ����. osmaa
Aa7�7aF�i�iiLwi CITl g i.. ✓ _ a t y w} ki'L* '''F�':}"rt t Sri f'?ar' ��a4-. i
�b
'k. t.:•'_ , : ..., , . . < .. rt" ,. a,r. _ .,n.-M_ r .. - - . ,} . ". itiv' .�ro.�''� fi W. M ..,. �k.,aM1$�. , ,. '`.R`. _
CITY OF nniaMI
DOCUMENT INDEX
MEMO W& JULY 13, 1989
AWE No: 1 of 5
SUPPORT PRESIDENTIAL CONSTITUTIONAL AMENDMENT OPPOSING RECENT 89-595
DECISION OF THE U.S. SUPREME COURT AND EXPRESSLY PROHIBITING
THE DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.
URGE PRESIDENT BUSH TO NEGATE THE WEAKENING EFFECT OF RECENT 89-596
U.S. SUPREME COURT CIVIL RIGHTS DECISIONS.
ENDORSE AND RECOMMEND PASSAGE OF THE EVERGLADES NATIONAL PARK 89-597
EXPANSION BILL BY THE U.S. CONGRESS.
DONATE TEN (10) POLICE CONFISCATED BICYCLES TO THE BOYS CLUB 89-598
OF MIAMI, INC.
ALLOCATE $26,000 FOR THE ESTABLISHMENT OF A ROBBERY TASK FORCE. 89-599
ALLOCATE $12t000 FOR SPONSORSHIP OF THE YOUTH CRIMEWATCH OF 89-600
AMERICA PROGRAM.
AUTHORIZE PURCHASE OF FIRE HOSE UNDER EXISTING DADE COUNTY 89-601
BID NO. 999c37-60 FROM HAROLD'S SALES AND SERVICE COMPANY,
ACCEPT BID: AMKUS, INC. FOR FURNISHING "JAWS OF LIFE" COMPO- 89-602
NENTS FOR FIRE DEPARTMENT.
t
t
ACCEPT BIDS OF 11 SUPPLIERS - FOR FURNISHING OFFICE SUPPLIES 89-.60.3
ON A CONTRACT BASIS (Note: supplier6 are: BARNETT OFFICE
SUPPLIES; DEI/CO. DECORA OFFICE FURNITURE; A & C STATION-
ERS; XEROX CORP. XIPS CORP; JOYCE OFFICE PRODUCTS; COPIER
DEPT; BARLOP, INC. ; K-DATA PRODUCTS; SAVIN OF FLORIDA.)
ACCEPT BIDS ASCOM SYSTEM, INC. - FOR FURNISHING/INSTALLING 89-604
A FIRE/SMOKE ALARM SYSTEM AT THE TACOLCY CENTER - FOR GSA
DEPARTMENT,
ACCEPT BID: DEI/CD INC. D/B/A LONG OFFICE SUPPLY CO. - FOR 89,605
FURNISHING OFFICE FURNITURE - FOR FINANCE DEPARTMENT/TREASURY
MANAGEMENT DIVISION.
ACCEPT BID: DE LA RUE PRINTAK - FOR FURNISHING A COMPUTERIZED 89-606
RETRIEVAL OF IMAGES AND MUG ENTRY SYSTEM - FOR POLICE DEPT.
ACCEPT BID: DATAPLEX - FOR FURNISHING A MICROFILM CAMERA - 89�607
FOR POLICE DEPARTMENT.
ACCEPT BID: E & L LAWN AND TREE SERVICE, INC. - FOR.REMOVAL' 89-608
RESETTING, OF FICUS TREES AT MELREESE GOLF COURSE FOR PARKS
DEPARTMENT.
ACCEPT BID: DUTTON PRESS - FOR PRINTING POLICE DEPARTMENT 89-609
i ANNUAL REPORT - FOR GSA DEPARTMENT/GRAPHIC REPRODUCTIONS y
DIVISION,
( ACCEPT BID; MARSHALL CONSTRUCTION AND REPAIR, INC. n FOR 89610
�
DINNER KEY MARINA HANDRAIL r EXECUTE,AGREEMENT. x
ACFT EID; M, VILA AND ASSOCIATES, INC. - FOR LITTLE RIVER
PTQFX SEWER'RETROFITTING EXECUTE AGREEEMENT,
>_ ,.�•_. - - �ri.�hh3..v�An.1'..r�ln..i�.`<n.�jL - .,. S ....:L_ t�l,���2-"
DOCUMENT INDEX
E
kTWVAL OW NO
(RESOLUTIONS)
AUTHORIZE AMENDMENT TO INTERLOCAL AGREEMENT WHICH CREATED THE
SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION.
AUTHORIZE AGREEMENT BETWEEN CITY AND MIAMI DADE COMMUNITY COLLEGE
FOR "FULLTIME EQUIVALENT" STUDENT COMPENSATION, INSTRUCTOR
COMPENSATION AND STUDENT CONTACT FEE - FOR FIRE DEPARTMENT/FIRE
TRAINING PROGRAMS.
ALLOCATE (A) $31,000 TO BLACK ARCHIVES HISTORY AND RESEARCH
FOUNDATION OF SOUTH FLORIDA, INC. - TO REHABILITATE/RENOVATE
THE HISTORIC LYRIC THEATER IN OVERTOWN, AND (B) $55,000 TO
JEWISH FAMILY SERVICES, INC.— TO OPERATE A SENIOR SECURITY
PROGRAM FOR THE ELDERY — EXECUTE AGREEMENTS.
ALLOCATE $1,636,726 OF CDBG FUNDS (150i. YEAR) TO 19 SOCIAL
SERVICES AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS, EXECUTE
AGREEMENTS.
AUTHORIZE AGREEMENT WITH NORA SWAN — FOR PROFESSIONAL SERVICES
PLANNING/IMPLEMENTATION OF PROMOTIONAL ACTIVITIES FOR ENHANCEMENT
OF FILM/TELEVISION/RECORDING INDUSTRIES IN THE CITY.
AUTHORIZE NEGOCIATED AGREEMENT WITH ANDRES DUANY AND ELIZABETH
PLATERZYBERK, ARCHITECTS, INC. — FOR PROFESSIONAL PLANNING/
DESIGN SERVICES TO DEVELOP SINGLE FAMILY RESIDENTIAL PROJECT
ON ST. HUGH OAKS SITE (COCONUT GROVE CD TARGET AREA).
AUTHORIZE AGREEMENT WITH EAST LITTLE HAVANA CD CORPORATION FOR DEVELOPMENT OF LOW AND/OR MODERATE INCOME HOUSING IN THE
EAST LITTLE HAVANA NEIGHBORHOOD — ALLOCATE $50,000 FROM CDBG
FUNDS.
AUTHORIZE AGREEMENT WITH TACOLCY ECONOMIC DEVELOPMENT CORPORATION
FOR DEVELOPMENT OF LOW AND/OR MODERATE INCOME HOUSING IN THE
MODEL CITY NEIGHBORHOOD — ALLOCATE $50?000 (FROM CDBG FUNDS).
ESTABLISH CHARGES/TERMS/CONDITIONS FOR USE OF MARINE STADIUM
BY WORLD CUP JET SKI, INC. FOR PRESENTATION OF BUSCH WORLD
CUP JET SKI CHAMPIONSHIP — EXECUTE USE AGREEMENT.
AUTHORIZE AGREEMENT WITH CELLAR DOOR CONCERTS , INC. — FOR
REBATES TO THE CITY OF NOVELTY CONCESSION REVENUE DERIVED
FROM MULTIPLE CONCERTS AT STADIUM FACILITIES.
89-621
ESTABLISH CHARGES/TERMS/CONDITIONS FOR USE OF MARINE STADIUM
89-622
BY CELLAR DOOR CONCERTS, INC. FOR PRESENTATION OF TWO CONCERTS,
EXECUTE AGREEEMENT.
RATIFY MANAGER'S ACCEPTANCE OF GRANT ($62,000) FROM U.S.. DEPART—
89-623
MENT OF HEALTH AND HUMAN SERVICES (TITLE XX) THROUGH METROP01—
,TAN DADS COUNTY — TO PROVIDE CHILD DAY CARE SERVICES TO LOW
INCOME FAMILIES. EXECUTE AGREEMENT.
RATIFY PAYMENT TO FINE, JACOBSON NASH, BLOCK AND ENGLAND —
89,624
FOR LEGAL SERVICES CONCERNING REPRESENTATION OF CITY MANAGER
s
IN AN ACTION FILED BY ANDREW CLUTE IN STATE COURT.
AUTHORIZE MANAGER TO MAKE OFFER, EXECUTE AGREEMENT WITH
89' 625
PRO PERTY'OWNERS FOR ACQUISITION OF PARCELS NOS. 05-03
A FOR
AND 05-07 WITHIN COCONUT GROVE CD TARGET'�#RE-TE
a
x=
A k4PMENT QF THE AFFORDABLE HOUSING FOR LOW
1C1QE:FAMII+IES;IN CONECTION WITS CITY SPONSORED SCATTERED
S T MOIRDAELE HOUSING DEVELOPMENT PROGRAM, }k.
I
i
DOCUMENT INDEX
man
_Ju1. 131_1989 _.
ft*iAL `M NO
DOMM NT NW"MN f RF.SOLUTIONSJ - ----
AMEND R 89-54B WHICH CREATED THE FLAGLER/CORE AREA SECURITY
89w626
DISTRICT SPECIAL IMPROVEMENT DISTRICT —CORRECT ARITHMETIC
ERRORS AFFECTING IMPROVEMENT COST AND ASSESSMENT AMOUNT.
AMEND R 89-547 (CITY'S RENTAL REVENUE BONDS, SERIES 1988) -
89�-627
EXECUTE AGREEMENT WITH UNITED STATES GENERAL SERVICES
NATIONAL BANK OF FLORIDA -CONCERNING
ADMINISTRATION AND NCNB
ISSUANCE OF THE BONDS.
AUTHORIZE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA HOUSING
89-628
BONDS TO SUBSTITUTE LOST BONDS.
INSTRUCT CITY ATTORNEY TO DRAFT A CHARTER AMENDMENT FOR
89-629
REFERENDUM ON NOVEMBER 7, 1989 —CONCERNING PROCUREMENT OF
PUBLIC WORKS OR IMPROVEMENTS,GOODS/SUPPLIES/COMMODITIES?
PERMIT CITY COMMIS
BID REQUIREMENTS BECOME APPLICABLE.
ACCEPT COMPLETED WORK: F.C.E. CONTRACTING, INC. FOR MIAMI
89-630
y
RIVER WALK —EAST —AUTHORIZE FINAL PAYMENT.
ACCEPT COMPLETED WORKc CAMPANELLA CONSTRUCTION CORP.— FOR
89-631
N.W. 1ST. AVENUE SANITARY SEWER REPLACEMENT PROJECT —
AUTHORIZE FINAL PAYMENT.
APPROVE ISSUANCE OF CITY OF MIAMI, FLORIDA HEALTH FACILITIES
HOSPITAL
89-632
HOSPITAL REVENUE REFUNDING BONDS (MERCY
AUTHORITX OF
PROJECT)f SERIES 1989 A ($30;000,000) — TO REFUND ALL OR A
AUTHORITY'S HOSPITAL REVENUE REFUNDING BONDS,
fr
PORTION OF THE
SERIES 1985A.
RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY THE ASSOCIATION FOR
ORGANIZATION)AUTHORIZE
89-633
LE
THE DEVELOPMENT OF THE EXCEPTIONAL (A�CHARET�S ASSOCIATION
FINANCE DIRECTOR
$9,770.64
SET SPECIAL USE FEE FOR USE OF BOBBY MADURO MIAMI BASEBALL
89-634
INC.
STADIUM BY FEDERACIONDT�ROUGHA1989�EXECUTE
USEA AGREEMENT.
AMATEUR BASEBALL GAMES
89-635
ACCEPT PLAT: °TACOLCY GARDENS".
89-636
ACCEPT PLAT: "NORTON ESTATES".
ADOPT INTERIM REPORT BY OVERTOWN INDEPENDENT REVIEW PANEL -
89-638
NS ON POLICE COMMUNITY RELATIONS —
REGARDING RECOMMENDATIO
IMPLEMENTATION ^ REQUEST MANAGER
REFERRED TO MANAGER FOR
WHICH CANNOT BE IMPLEMENTED DUE
TO REPORT BACK ON ISSUES
TO LEGAL CONSTRAINTS.
89-639
CLAIM SETTLEMENT: AMADA HENRIQUEZ ($39,000)
-
89•-640.
ALLOCATE $47,329. OF CDBG FUNDS (15th YEAR)
- _
TO THE COUNTY A RESOLUTION OF SUPPORT FOR A FURTHER.
89-64�.
FORWARD
STUDY BY THE COUNTY FOR POSSIBLE DEVELOPMENT OF REGIONAI,
KEY WITH THE STIPULATION
IMPACT ON KEY'BISCAYNE/VIRGINIA
SHALL NOT BE BOUND BY ANY -RESULTS QF+THE
THAT THE CITY
THOSE 'WITHIN THE CITY'S JURISDICTION
COUNTY AS TO rPROPERTIES
APPOINT COMMISSIONERJ.L. PLUMMER, JR. TO SERVE AS THE CITX
MIAMI'S REPRESENTATIVE ON THE BAXFRONT PARK MANAGEMENT
_
p'
TR�h!T,,
� t
� iy
col;`lli
DOCUMENT INDEX
DocummT WO 1W*1EYAL CM W_-
APPOINT VICE MAYOR VICTOR DE YURRE TO SERVE AS THE CITY OF 89-643
MIAMI'S REPRESENTATIVE ON THE BEACON COUNCIL
REQUEST ADMINISTRATION TO REPORT BACK ON $719,741 RECEIVED 89-645
FROM THE URBAN MASS TRANSIT ADMINISTRATION -; RESCIND PRIOR
COMMISSION ACTION EARMARKING $1.6 MILLION FOR ACQUIRING AND
DEMOLISHING PROPERTIES FOR CONSTRUCTION OF AFFORDABLE HOUSING.
AUTHORIZE MANAGER TO SEEK APPROVAL TO THE DADE COUNTY COMMISSION 89-646
TO USE REDEVELOPMENT TRUST FUNDS - APPROVE EXPENDITURE ($490,793)
FROM THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND
TO MAKE INTEREST PAYMENT ON A U.S. HUD SECTION 108 LOAN FOR
PHASE I LAND ACQUISITION.
ALLOCATE $ 2,000 IN SUPPORT OF NATIONAL COUNCIL OF NEGRO WOMEN, 89-648
GREATER MIAMI CHAPTER, INC. PAY SAID AMOUNT TO DADE COUNTY TAX
COLLECTOR TO SATISFY THE EXISTING TAX LIEN ON REAL PROPERTY
OWNED BY SAID ORGANIZATION.
SET PUBLIC HEARING FOR SEPTEMBER 14TH. 1989 TO TAKE TESTIMONY 89-651
REGARDING THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT ESTABLISHED FOR ONE-YEAR PERIOD.
APPOINT MAYOR XAVIER SUAREZ AS CHAIRMAN OF THE WYNWOOD SAFE 89-653
NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOODSNID) BOARD OF
DIRECTORS.
IMPANELLED AS BOARD OF DIRECTORS OF WYNWOODSNID, CITY COMMISSION 89-654
CONFIRMS ACCEPTANCE OF A STATE OF FLORIDA SAFE NEIGHBORHOOD
PROGRAM GRANT (250,000) - CONFIRM ACTION OF MAYOR SUAREZ IN
EXECUTING AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
FOR PREPARATION OF A PLAN FOR SAID DISTRICT.
IMPANELLED AS BOARD OF DIRECTORS OF WYNWOODSNID, CITY COMMISSION 1 89-655
ADOPTS BY-LAWS FOR OPERATION OF WYNWOODSNID AND APPOINTS
INDIVIDUALS TO SERVE AS MEMBERS OF ADVISORY COUNCIL (APPOINTED
WERE: PAT GERRITS, FRED SANTIAGO, LIS TURNER, DOROTHY QUINTANA,
LEAVING ONE APPOINTMENT YET TO BE MADE).
AUTHORIZE INCREASE IN CONTRACT WITH M. VILA AND ASSOCIATES, INC. 1 89-656
FOR CONSTRUCTION OF SOUTHEAST OVERTOWN/PARK WEST PAVING PROJECT
PHASE I - RATIFY MANAGER'S FINDING OF EMERGENCY.CIRCUNSTANCES.
AUTHORIZE INCREASE IN CONTRACT WITH DANVILLE FINDORFF INC. FOR 89-657
CONSTRUCTION OF BAYFRONT PARK REDEVELOPMENT PHASE III. RATIFY
MANAGER'S FINDING OF EMERGENCY CIRCUNSTANCES.
AUTHORIZE ISSUANCE OF R.F.P. FOR UNIFIED DEVELOPMENT OF A MIXED
89-658
USE COMMERCIAL PROJECT ON CITY -OWNED PROPERTY LOCATED WITHIN
THE CIVIC CENTER AREA AT 1145 N.W. 11th. STREET. ("MUNICIPAL
_
JUSTICE BUILDING")
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF FAIRLAWN NORTH
89-659
SANITARY SEWER IMPROVEMENTDISTRICT (.SRr5491-C- CENTERLINE
SEWERS) .
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF WEST 57TH. AVENUE
89-660
SANITARY SEWER IMPROVEMENT IN WEST 57TH. AVENUE SANITARY
SEWER IMPROVEMENT DISTRICT (SR*-5469rC-CENTERLINE SEWERS).
,Fit'-
> i
3 rs .
_
4:
a
DOCUMENT INDEX
RATIFY MANAGER'S FINDING OF EMERGENCY REGARDING PROCUREMENT OF
SECURITY SERVICES FROM MINORITY INVESTIGATIONS AND SECURITY
TEAMS, INC. AT CARVER BRANCH YMCA.
CONFIRM ASSESSMENT ROLL - FOR CONSTRUCTION OF WEST 57TH. AVENUE
SANITARY SEWER IMPROVEMENT IN WEST 57TH. AVENUE SANITARY SEWER
IMPROVEMENT DISTRICT (SR-5469—S—SIDELINE SEWERS).
ALLOCATE $200,000 TO "LITTLE HAITI PLAZA CORPORATION" — TO
ASSIST IN THE DEVELOPMENT OF THE "LITTLE HAITI PLAZA SHOPPING
CENTER".
APPROVE IN PRINCIPLE APPLICATION OF DEVELOPER "LITTLE HAITI
PLAZA CORPORATION" - FOR CONSTRUCTION OF A "LITTLE HAITI SHOPPING
CENTER" — DIRECT MANAGER TO APPLY FOR -AN URBAN DEVELOPMENT OF
HOUSING AND URBAN DEVELOPMENT.
SUBMIT AMENDMENT TO THE APROVED 15TH YEAR C.D.B.G. PROGRAM FINAL
STATEMENT TO U.S. HUD— REFLECT ALLOCATION.OF $1,500,000 FOR A
COMMUNITY DEVELOPMENT "FLOAT GRANT" LOAN (1989-90 PROGRAM YEAR).
ONCE.APPRO.VED „ ADMINISTRATION IS DIRECTED TO BRING BEFORE THE
COMMISSION ALL AGREEMENTS REQUIRED TO PROVIDE LOAN TO LITTLE
HAITI PLAZA CORPORATION FOR CONSTRUCTION OF "LITTLE HAITI PLAZA
SHOPPING CENTER".
PAGI 5
__July 13, 1989
IEVAL CON NO
__. ( RESOLUTIONS )_.__ ___._
89-661
89-662
89-663
89-664
89-665
RATIFY MANAGER'S FINDING OF EMERGENCY REGARDING "TACOLCY PARK
89-666
ROOF REPLACEMENT PROJECT". WAIVE REQUIREMENTS FOR SEALED BIDS.
CONFIRM HIRING OF GEE AND JENSEN,P.A., CONSULTING ENGINEERS
TO PROVIDE PROFESSIONAL SERVICES.
CODESIGNATE N.E. 4TH AVENUE FROM N.E. 30TH STREET TO N.E. 31ST
89-667
STREET AS "THE VILLAGE WAY".
AUTHORIZE EXPENDITURE OF $29,000 BY EXECUTIVE DIRECTOR OF -BAY—
89-668
FRONT MANAGEMENT PARK TRUST " FOR PURCHASE OF LISTED ITEMS.
GRANT REQUEST BY ANNUAL COLOMBIAN FESTIVAL OF MIAMI 1-20TH OF
89-672
JULY" FOR PEDDLER RESTRICTION ORDER —CONCERNING FIFTH ANNUAL
COLOMBIAN FESTIVAL AT BAYFRONT PARK.
h
i
GRANT REQUEST BY GREATER MIAMI CONVENTION AND VISITORS BUREAU
89-673
k
FOR STREET CLOSURES —CONCERNING SHRINERS' CONVENTION PARADES.
GRANT REQUEST BY RENAISSANCE HISTORICAL SOCIETY OF FLORIDA, INC.
89-674
FOR STREET CLOSURES -CONCERNING BASTILLE DAY BICENTENNIAL PARADES.
ALLOCATE $185,000 IN SUPPORT OF EAST LITTLE HAVANA COMMUNITY
89-675 —
DEVELOPMENT CORPORATIONS LOW INCOME TOWNHOUSE PROJECT (720 AND
728 S.W. 2ND STREET AND 996 S.W, 6TH STREET).
s
AUTHORIZE MANAGER TO FILE APPEAL ON ZONING BOARD'S DECISION
89-676
GRANTING SPECIAL EXCEPTION FOR PARKING TO BE LOCATED AT 3224
S.W. 23RD STREET AND 3221 S.W. 23RD TERRACE. CONCERNING
VICTOR'S CAFE (FORMERLY "THE STUDIO"),
GRANT REQUEST BY REPRESENTATIVES OF THE ANNUAL COLOMBIAN
89-683
FESTIVAL OF MIAMI "20TH OF JULY". FOR USER 'FEE WAIVER CONCERNING
_
—
FIFTH ANNUAL COLOMBIAN FESTIVAL AT BAYFRONT PARK,
URGE METROPOLITAN DADE COUNTY TO ESTABLISH POLICY TO PROVIDE
89-685
POLICE PROTECTION AT ALL METRORAIL STATIONS,
t
INSTRUCT CITY ATTORNEY TO DRAFT CITY CHARTER AMENDMENT RESTRUC—
TURING THE CITY COMMISSION. INCREASE NUMBER OF COMMISSIONERS
F�uis , TO 9, SOME Ta BE ELECTED FROM 5INGLE�-MEMBER DISTRICTS.
B.E'I' TQ#tTH $CUNDARIES OF 5SLNGLE-MEMBER DISTRICTS. PROVIDE FOR¢
PUT, GN NT OF BOUNDARIES: ESTABLISH COMMISSIONERS
„x`
5 R�4..#I,US -AUTOI TIC ADJJUSTING MECHANISM, ESTABLISH t�ETT�iiOD
_-