HomeMy WebLinkAboutCC 1989-06-07 Minutesit K
1 A M
M
P".
JUNE 7, 1989
ITEM SUBJECT
NO.
1. PRESENTATIONS, PROCLAMATIONS AND
SPECIAL ITEMS.
2. INSTRUCT CITY ATTORNEY TO DRAFT
RESOLUTION TO STATE GOVERNOR BOB
MARTINEZ URGING THE GOVERNOR TO LEAVE
INTACT RECENTLY ADOPTED LEGISLATION
CONCERNING PROVISION OF SORELY NEEDED
DOCUMENTARY STAMP SURTAX REVENUE TO
MUNICIPALITIES (See label 50).
3. CONSENT AGENDA
3.1 RECOGNIZE THE DISCOVERY OF AMERICA
QUINCENTENNIAL COMMITTEE, INC. AS
COORDINATING BODY OF SPECIAL EVENTS TO
COMMEMORATE THE SOOTH ANNIVERSARY OF
THE DISCOVERY OF AMERICA IN A YEAR -LONG
JUBILEE OCTOBER 12, 1991 - OCTOBER
12, 1992.
3.2
APPROVE. CONTRIBUTION OF $10,000- TO
CRIME STOPPERS ANONYMOUS OF DADE
COUNTY.
3.3
APPROVE PURCHASE OF BARTEC DIALLED
NUMBER RECORDER, A DIAL UP SLAVE UNIT
AND AN ADVANCED FEATURE PACKAGE - for
Police Department. '
3.4
APPROVE PURCHASE OF CRIME SCENE
SKETCHING SYSTEM AND ACCIDENT
RECONSTRUCTION SYSTEM - for Police
Department.
3.5
APPROVE PURCHASE OF TX-731C BALL CAP
TRANSMITTER - for Police Department.
3.6
ALLOCATE $5,000 IN SUPPORT OF 1989
INTERAMERICAN FORUM - :sponsored by the
A ti -
LEGISLATION
PAGE
NO.
DISCUSSION
1
6/7/89
DISCUSSION
2
6/7/89
DISCUSSION
3-5
6/7/89
R 89-491
5
6/7/89
R'89-492
51
6/7/89
R 89-493
5
6/7./89
R 89-494
5-6
6/7/89
R 89-495
6
`6/7/89
R 89-496
b
6/7/89
t-
InerA.merzcan Businessmen ssocia on
it
Execute agreement.
3.7 ACCEPT BID: DECORA OFFICE FURNITURE -
R 89-497
b
for furnishing office furniture
for
6/7/89
Department of Internal Audits
&
Reviews.
3.8 APPROVE EXTENSION OF CONTRACT
WITH
R 89-498
6-7
MIAMI RUG COMPANY - for furnishing
and
6/7/89
installation of carpeting, cushion
and
related materials Citywide
for
-
Department of GSA.
7! _
n s
3�
ACQEPT BIDS: (a) A. A, & G.
R 89-499
7
SANDBLASTING, INC., & (B) ALL SEASON
6/7/89
-
_
POOL SERVICE & EQUIPMENT CO. - for (a)
sandblasting City Hall's walls, and (b)
s
the sandblasting and marbletite of Jose
_-
Marti Park swimming pool - for
e
Department of GSA.
3.10
ACCEPT BID: FAST ENTERPRISES - for
R 89-500
7
furnishing tractors, mower and
6/7/89
®
attachment - for Parks Department.
3.11
ACCEPT BIDS: VICENTE A. FRASNO, EMMA
R 89-501
7-8
—_
VELAZQUEZ, MANOLIN & PILAR MARTINEZ
6/7/89
SCHOOL BUS, AND JULIO BALSERA SCHOOI,
_
BUS SERVICE, INC. - for furnishing bus
—_
e
transportation services for summer
program to Parks Department.
3.12
ACCEPT BIDS: RECIO & ASSOCIATES, ARTHUR
R 89-502
8
LAWN SERVICE, J.R. ALVAREZ LAWN
6/7/89
MAINTENANCE, J.W. LAWN MAINTENANCE, AND
m
SHARPE SOD & LAWN MAINTENANCE - for
—_
furnishing grounds maintenance at 50
=
City parks and facilities.
-
3.13
ACCEPT BID; MOST DEPENDABLE FOUNTAINS -
R 89-503
8
for furnishing 25 pedestal drinking
6/7/89
-
fountains for Parks Department.
M
0
3.14
ACCEPT BID: PHOENIX WORLDWIDE
R 89-504
8
®_
INDUSTRIES - for modification of a van
6/7/89
for undercover surveillance by Miami
-
Police Crack Task Force.
—_
3.15
ACCEPT PROPOSAL: KAAREN JOHNSON
R 89-505
9
ASSOCIATES, INC. - for 'furnishing
6/7/89
=
��.
professional services for an ongoing
intercultural awareness training
program - for Fire Department.
3.16
RATIFY ACCEPTANCE OF PROPOSALS: RALPH
R 89-506
9
ROSS, RALPH ROSS REAL ESTATE CO., INC.,
6/7/89
AND.RENALDO BLANCO, ANCIA REALTY, INC.
-
(members of National Society of Fee
Appraisers) - to appraise fair market
value of certain City propertiesin
Block 35N, Miami North Plat Book "B". at
page 41, bounded by N.W. 8th*and 9th
Streets between 2nd and 3rd Avenues.
_
3.17
APPROVE EXECUTION OF AMENDMENTS 02 TO
R 89-507
9-10
'G
AGREEMENTS WITH MANUEL G. VERA &
6/7/89
ASSOCIATES, INC., WELDENER SURVEYING &
Y
4.
MAPPING P.A., E.R. BROWNELL &
ASSOCIATES, INC., H.J. FLOSS &
ASSOCIATES, AND FERNANDO Z. GATELL
P.L.S., INC. - for surveying services
in connection with City projects.
3.18
EXTEND INITIAL 30-YEAR PERIOD
R 89-508
10
TERMINATION DATE OF LEASE AGREEMENT
6/7/89
=
WITH BISCAYNE BAY RESTAURANT CORP.
(a/k/a Rusty Pelican ) - from February
—$-
1, 2001 to October 1, 2002 - with
provisos.
,Cw33�rd� S -
AUTHORIZE ACCEPTANCE GRANT FROM THE R 89--509
ORGANIZATION OF AMERICAN STATES (OAS) - 6/7/89
giving the City exclusive performing
rights of the OAS International Artist
Series, as well as $25,000 for event -
related coats - Authorize City's
contribution of $10,000 in inkind
services.
10
3.20
AUTHORIZE EXECUTION OF INDIVIDUAL
R 89-510 .11
CONTRACTUAL AGREEMENTS WITH 12
6/7/89
NEIGHBORHOOD . ECONOMIC DEVELOPMENT
ORGANIZATIONS* to continue
implementing economic programs. (*Note:
Allapattah Business Development, Inc.,
Coconut Grove Local Development
Corporation, Inc., Downtown Miami
Business Association, Inc., Greater
Biscayne Boulevard Chamber of Commerce,
Inc., Greater Miami United, Inc.,
Haitian Task Force, Inc., Little Havana
Development Authority, Inc., Martin
Luther King Economic Development
Corporation, Inc., New Washington
Heights Community Development
Conference, Inc., Small Business
Opportunity Center, Inc., St. John
Local Development Corporation, Inc., &
Wynwood Community Economic Development
Corporation, Inc.)
3.21
AUTHORIZE EXECUTION OF AGREEMENT WITH
R 89-511 11
FANTASMA PRODUCTIONS, INC. - for use of
6/7/89
Miami Marine Stadium for series of
concerts during summer, 1989:
3.22
AUTHORIZE EXECUTION OF AGREEMENT WITH
R 89-512 11
NATIONAL CENTER FOR MUNICIPAL
6/7/89
DEVELOPMENT, INC. - to continue to
represent 'the City of Miami in
Washington, D. C. by lobbyist, Mr. Mark
Israel for 15.months.
3.23
AMEND ECONOMIC DEVELOPMENT AGREEMENT
R 89-513 -12
WITH MIAMI CAPITAL DEVELOPMENT, INC.
6/7/89
(MCDI) - Allocate $190,000 for its
administrative expenses and $1 million
for revolving loan fund (July 1, 1989 -
June 30, 1990).
3.24 AMEND LEASE/DEVELOPMENT AGREEMENT WITH R 89-514
INDIAN RIVER INVESTMENTS OIL MIAMI, 6/7/89
INC. - to change rentals payable and
accounting procedures in order to
assist developer in complying with HUD
criteria for providing insured loans.
12
3.25 DECLARE U.D.P. AS MOST ADVANTAGE OUR
R 89-515
12-13
METHOD - Authorize preparation of a
6/7/89
draft R.F.P. for a U.D.P. for
development of general commercial uses
of City -owned property located at 1145
N.W. llth Street (Municipal Justice
Building) - Set public hearing:
3.26 APPROVE CITY'S COMPREHENSIVE ANNUAL
R 89-516
REPORT FOR FISCAL YEAR ;ENDED SEPTEMBER
6/7/89
30, 1988.
Aw
x
1
k
ry
_-
3.27
AUTHORIZE EXECUTION OF INSTRUMENT
R 89-517
13
RELEASING AND CANCELLING COVENANT TO
6/7/89
RUN WITH LAND EXECUTED BY WEST FLAGLER
ASSOCIATES LIMITED - concerning a
temporary sanitary sever main to serve
the West Flagler Kennel Club.
3.28
EXECUTE INSTRUMENT FORMALLY RELEASING
R 89-518
13
AND CANCELLING COVENANT TO RUN WITH
6/7/89
LAND EXECUTED BY BURTON GOLDBERG (AS
TRUSTEE), JOYCE GOLDBERG AND SAILBOAT
BAY, INC. - concerning property known
as "Sailboat Bay Subdivision".
3.29
EXECUTE INSTRUMENT FORMALLY RELEASING
R 89-519
14
AND CANCELLING COVENANT TO RUN WITH
6/7/89
LAND REGARDING ASSESSMENTS FOR A
SIDEWALK AND LANDSCAPE ILLUMINATION
SYSTEM EXECUTED BY LEONARD RALBY,
PATRICK POTSAID AND JEROME D. BRYANT
concerning property known as Tract I
less the East 5 feet of "Edward Pent
Homestead Revised Plat of
Resubdivision".
3.30
EXECUTE INSTRUMENT FORMALLY RELEASING
R 89-520
14
AND CANCELLING COVENANT TO RUN WITH
6/7/89
LAND REGARDING ASSESSMENTS FOR A
SIDEWALK AND LANDSCAPE ILLUMINATION
SYSTEM EXECUTED BY COCONUT GROVE
CAMERA, INC. - concerning property as
more fully described in Resolution 89-
520 ("Edward Pent Homestead").
3.31
EXECUTE INSTRUMENT FORMALLY RELEASING
R 89-521
14-15
AND CANCELLING COVENANT TO RUN WITH
6/7/89
LAND REGARDING ASSESSMENTS FOR A
SIDEWALK AND LANDSCAPE ILLUMINATION
SYSTEM EXECUTED BY JEROME D. BRYANT
concerning property has more fully
described in Resolution 89-521 ("Edward
Pent Homnestead").
3.32
EXECUTE INSTRUMENT FORMALLY RELEASING
R 89-522,
15
AND CANCELLING COVENANT TO RUN WITH.
6/7/89
LAND REGARDING ASSESSMENTS FOR A
SIDEWALK AND LANDSCAPE ILLUMINATION
SYSTEM EXECUTED BY RUSSELL K. ATTIN AND
MYRNA ATTIN - concerning property as
more fully described in Resolution 89-
522 ("Edward Pent Homestead").
3.33
AUTHORIZE CITY ATTORNEY' TO INITIATE
R 89-523
15
LEGAL PROCEEDINGS AND CIVIL ACTION
6/7/89
AGAINST ALFRED AND MARY LLOYD (d/b/a
Alfred Lloyd and Sons) - to recover
loan funds in connection with the Model
City Small Business Development Pilot
Loan Program.
3.34 AMEND RESOLUTION 89-66
CONCERNING
R 89-524
15
WYNWOOD FESTIVAL (conducted
by Wynwood
6/7/89
Community Economic
Development
Corporation change date of
event.)
3.35 AMEND RESOLUTION 89-66 CONCERNING THE
R 89-525
16
BANYAN FESTIVAL (conducted
by Coconut
6/7/89
Grove Chamber of Commerce)
reflecting
requested street closure.
t�
.36
ACCEPT PLAT: "CELLULAR SUBDIVISION".
R $9-526
s-.
6/7/89
•�• 3.37
ACCEPT PLAT: "CASANOVA SUBDIVISION".
R 89-527
®
6/7/89
3.38
ACCEPT PLAT: "ARIEL SUBDIVISION".
R 89-528
6/7/89
®_ 3.39
AUTHORIZE ADOPTION OF AN
R 89-529
ANTIDISPLACEMENT AND RELOCATION
6/7/89
ASSISTANCE PLAN to assist
low/moderate income individuals
_
-_
affected by unsafe structures
demolition.
4.
DIRECT MANAGER TO PLACE OUT FOR BID
M 89-530
PROPOSED PURCHASE OF TEN "CANON 650
6/7/89
EOS" CAMERAS - for Police Department.
5.
ALLOCATE FUNDS FOR PURCHASE OF EXERCISE
R 89-531
EQUIPMENT AND RENOVATION OF POLICE
6/7/89
DEPARTMENT GYMNASIUM.
6.
DISCUSS AND WITHDRAW PROPOSED
DISCUSSION
ALLOCATION OF FUNDS TO INSTALL
6/7/89
TEMPORARY BARRICADES IN BAYSIDE
NEIGHBORHOOD.
7.
(A) DIRECT ADMINISTRATION TO REBID
M 89-532
PURCHASE OF AERIAL BUCKET TRUCK FOR
DISCUSSION
TREE ` TRIMMING - for Department of
6/7/89
GSA/Fleet Management Division.
_
-
(B) COMMISSIONER :PLUMMER EXPRESSES
CITYWIDE' NEED FOR TREE TRIMMING -
®
requests Public Works Department, to
v
report as to why -so many iCity lights
are presently hidden among trees.
8.
EXECUTE AGREEMENT WITH DELOITTE HASKINS
R 89--533
AND SELLS (Certified Public
6/7/89
Accountants) - in association with
Sharpton, Brunson & Company, PA,
Verdeja, Irlondo & Gravier, CPA's and
Watson & Company, - for external
auditing services for fiscal year
ending September 30, 1959.
9.
DIRECT MANAGER TO ENGAGE IN COMPETITIVE
M 89-534
tdEGOTIATIONS WITH COMPANIES OTHER THA13
6/7/89
SOUTHERN BELL TELEPHONE & TELEGRAPH
;5
COMPANY - regarding proposed
Cit 'de sidewalk
25-26
implementation of ywi
telephone program.
10. CITY COMMISSION GOES ON RECORD STATING
M 89-535 40-43
THAT IF THE DOWNTOWN DEVELOPMENT
6/7/89
AUTHORITY (DDA) DOES NOT PRINT
THE
PROPOSED OVERTOWN BROCHURE PRIOR
TO
APPROVAL OF FY190 BUDGET,
THE
_
COMMISSION WILL ATTEMPT TO OBTAIN
THE
_-
NECESSARY VOTES TO ABOLISH
SAID
s=
AUTHORITY.
_-
1:
J�>S
i
R 89-536
6/7/89
12.
AUTHORIZE BID ADVERTISEMENTS FOR THE
M 89-537
FOLLOWING CAPITAL IMPROVEMENT PROJECTS:
6/7/89
(a) Civic Center Storm Sewer
Retrofitting, (b) Little River Storm
Sewer Retrofitting, (c) Riverside Storm
Sewer Retrofitting, (d) Citywide Court
Renovations Projects, (e) Citywide
Street Improvements-FY-89 N.E. 14th
Street realignment, (f) Scattered Site
Affordable Housing Development
Program - Model City - Phase II, (g)
Scattered Site Affordable Housing
Development Program - Model City -
Phase III, (h) Scattered Site
Affordable Housing Development
Program - Allapattah - Phase I.
13.
DISCUSS AND DEFER TO JULY 13TH MEETING
DISCUSSION
PROPOSED EXTENSION TO LEASE AGREEMENT
6/7/89
WITH AMERIFIRST BANK - for lease of
office space for the Law Department.
14.
APPROVE SETTLEMENT STIPULATION
R 89-538
CONCERNING CHALK'S INTERNATIONAL
6/7/89
AIRLINES LITIGATION.
15.
EMERGENCY ORDINANCE: Amend Ordinance
ORDINANCE
10484 - Increase appropriations' in the
10593
Internal Service
6/7/89
Fund/GSA/Communications Division Iby
$978,860 - Establish definitions for
recurring and nonrecurring fees
regarding the Emergency 911,system.
16.
SECOND READING ORDINANCE: Establish new
ORDINANCE
special revenue fund, "Community
10594
Development Blcck Grant (Fifteenth
6/7/89
Year)" ($13,096,000).
17.
SECOND READING ORDINANCE: Amend Code
ORDINANCE
Section 53-135 - Increase charges for
10595
Orange Bowl Stadium reserved parking
6/7/89
passes and general event parking -
Increase parking rate; at Miami Bobby
Maduro Baseball Stadium and Commodore
Ralph Munroe Marine Stadium.
43=46
`1
46-47
-�
48-50
51-52
52-54
54-55
s
55-56
i.ki. FIRST READING ORDINANCE: Amend Code ORDINANCE 56-57
Sections 62-61 and 62-62 - Increase FIRST READING
zoning and planning related fees - 6/7/89
provide for advertising surcharge -
Increase fees for application requests
for review of Zoning Board, Zoning
Administrator or Director of Planning
Department decisions.
19.
SECOND READING ORDINANCE: Amend Code
ORDINANCE
57=59
Sections 2-75, 2-83.1, 19-5, 19-178,
10596
=_
19-260 and 19-516 - Establish and
6/7/89
adjust fees for annual reinspection of
buildings - user fees for emergency
medical transportation services -
®'
charges for inspection and testing of
fire suppression and detection
=-
_
systems - permits for blasters,
precision explosive demolition of
structures; permits for discharge of
-_
fireworks, and storage of flammable or
combustible liquids, and permits for
assembly.
20.
BRIEF COMMENTS BY COMMISSIONER PLUMMER
DISCUSSION
60-61
r
CONCERNING PUBLIC HEARING SET BY
6/7/89
=_
METROPOLITAN DADE COUNTY ON JULY 11TH -
r
regarding D.R.I. for Virginia Key and
Key Biscayne (See label 22).
21.
AMEND RESOLUTION 88-763 - Designate
R 89-539
61-66
a
Barbara Carey as Custodian of fund
6/7/89
balance in the Orange Blossom Classic
Fund, replacing Garth Reeves.
® 22.
(A) EXPRESS TO COUNTY COMMISSIONER
DISCUSSION
67-68_
BARBARA CAREY THE CITY OF MIAMI'S
6/7/89
r
DISSATISFACTION REGARDING UNREIMBURSED
CITY EXPENSES - for providing ambulance
=_
service through rescue - Commission
requests County response.
(B) (Continued Discussion) DISCUSSION
WITH COUNTY COMMISSIONER BARBARA
CAREY - concerning proposed public
hearing concerning the County's
decision to explore having an areawide
DRI which would include Key Biscayne
_
and Virginia Beach (See label 20).
23.
RECEIVE, OPEN AND READ ALOUD SEALED
M 89--540
68-69 e
BIDS FOR N.W. 36TH STREET SANITARY
6/7/89
-
SEWER IMPROVEMENT (B-5549).
24.
FIRST READING ORDINANCE: Amend Code
ORDINANCE
69
Section 2-75 - Increase and redefine
FIRST READING
required fees for zoning certificates
6/7/89
of use to cover cost for enforcement of
the Zoning Ordinance and the South
Florida Building Code.
25.
FIRST READING ORDINANCE: Amend
ORDINANCE
70
Ordinance 6145, which established fees
FIRST READING
r
.for building, plumbing, electrical,
6/7/$9
mechanical (including boiler and
elevator) inspection permit and
certificate fees - add new procedure
for collection of reinspection fees,
increase permit fees and correct
various scrivener's errors - to cover
cost for enforcement of the South
Florida Building Code.
26.
FIRST READING ORDINANCE: Amend Code
ORDINANCE
70-73
_
Section- 2-422 (International Trade
FIRST READING
Board) - add alternate members,' reduce
6/7/89
required quorum, etc. - provide method
to dismiss members who fail to attend
k
meetings.
-
s
t
EMERGENCY ORDINANCE: Amend Code Section
ORDINANCE
73-74
62-78, "Membership" (Latin Quarter
10597
Review Board) - Delete requirement that
6/7/89
=-
notice of vacancies be published in a
newspaper of general circulation.
28.
(A) SET PUBLIC HEARING ON JULY 13,
M 89-541
75-83
1989 - to consider recommendations made
M 89-542
by Ad Hoc Charter Review Committee.
6/7/89
(B) SET PUBLIC HEARING ON JULY 27,
-_
1989 - to consider final resolution
regarding Charter amendment on the
-
District Elections.
29.
(A) FIRST READING ORDINANCE: Amend
M 89-543
83-91
`
Ordinance 10521 - Establish project,
ORDINANCE
i
"Solid Waste Expanded Facilities".
FIRST READING
(B) DIRECT MANAGER TO DEVELOP SYSTEM
6/7/89
FOR RETRIEVAL OF NEWSPAPERS FOR
--
PURPOSES OF RECYCLING - by Solid Waste
Department.
-
30.
DISCUSS AND TEMPORARILY DEFER FIRST
DISCUSSION
9.1
READING ORDINANCE AMENDING CODE Section
6/7/89
t
2-316 (Lobbyist Ordinance) - Change
filing requirement from quarterly to
yearly (See label 32).
31.
URGE STATE GOVERNOR BOB MARTINEZ TO
R 89-544
92
APPOINT CITY OF MIAMI MAYOR XAVIER
6/7/89
SUAREZ TO FILL PRESENT VACANCY ON THE
DADE COUNTY METROPOLITAN PLANNING
ORGANIZATION.
_
e
32.
(Continued Discussion) FIRST READING
ORDINANCE
-
93
ORDINANCE: Amend Code Section 2-316
FIRST READING
(Lobbyist Ordinance) - Change filing
6/7/89
requirement from quarterly to yearly
®
(See label 30).
33.
FIRST READING ORDINANCE: Amend
ORDINANCE
94
Ordinance 10484 - Increase
FIRST READING
appropriations for General Fund (Law
6/7/89
Department) to meet increased costs
resulting from City Attorney's duties
as general counsel for Off -Street
F
Parking Department and Board.
34.
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
R 89-545
95
REDEVELOPMENT PROJECT: Authorize
6/7/89
expenditure of $100,0000 for costs
incurred for marketing and promotional
related activities.
35.
AMEND RESOLUTION 88-1179 - Allocate
R 89-546
95-96
3
$200,000 to provide loan funds to small
6/7/89
and/or disadvantaged
contractors/developers involved in
development of housing in Overtown/Park
West - Execute agreement.
r
3
36.
PROVIDE FOR ISSUANCE OF RENTAL REVENUE
R 89-547
96-97
BONDS ($30,000,000) - to finance cost
6/7/89
4__
of acquisition/construction/development
of office building to be leased to the
■
U.S.A. General Services Administration.
■
z
37.
FIRST READING ORDINANCE: Amend
ORDINANCE
Ordinance 10521 - Establish new
FIRST READING
project, "Federal Law Enforcement
6/7/89
Building", in the amount of
$30,000,000.
38.
ORDER SPECIAL IMPROVEMENT AND ESTABLISH
R 89-548
98-100
SPECIAL ASSESSMENT DISTRICT TO BE KNOWN
6/7/89
_
AS THE "FLAGLER/CORE AREA SECURITY
DISTRICT SPECIAL IMPROVEMENT DISTRICT".
39.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION
100-101
EXECUTION OF AGREEMENTS WITH PEOPLES
6/7/89
NATIONAL BANK OF COMMERCE, TOTALBANK,
—
AND TRANSATLANTIC BANK - to establish
special depository bank accounts (See
label 43).
40.
AMEND RESOLUTION 89-443 - Authorize
R 89-549
101-102
issuance of City of Miami, Florida,
6/7/89
Guaranteed Entitlement Revenue Bonds,
L
Series 1989 ($6,500,000)(Underwr.iters):
Chase Securities, Inc., M. R. Beal &
Co., and American Government
Certificates & Funds).
41.
ACCEPT CONTRIBUTION PAYMENT FROM DADE
R 89-550
102-103
COUNTY SCHOOL BOARD - for
6/7/89
reconstruction of N.E. 14th Street
between N.E. 1st Court and N.E. 2nd
Avenue - Authorize execution of
agreement.
42.
FIRST READING ORDINANCE: Amend
ORDINANCE
103-104
Ordinance 19521 - Increase
FIRST READING
_
appropriations for "Citywide Street
6/7/89
Improvements - FY189" project. (Note:
This Ordinance appeared as an Emergency
Reading on the Agenda and was modified
=_
on the floor for lack of required
quorum.)
43.
(Continued Discussion) AUTHORIZE
R 89-551
104-108
MANAGER TO EXECUTE AGREEMENTS WITH
6/7/89
PEOPLES NATIONAL BANK OF COMMERCE,
TOTALBANK, AND TRANSATLANTIC BANK - to
�_
establish special depository bank
accounts (See label 39).
F.
44.
DISCUSSION CONCERNING COMPLAINTS
DISCUSSION
108-111
RECEIVED REGARDING AIR CONDITIONING
6/7/89
EQUIPMENT FAILURE IN POLICE DEPARTMENT.
45.
PRESENTATION TO MIAMI HIGH SCHOOL
DISCUSSION
112
BASKETBALL TEAM FOR HAVING WON STATE
6/7/89
CHAMPIONSHIP, 1989 SEASON.
46.
DISCUSSION CONCERNING REQUEST BY
DISCUSSION
112-114
REPRESENTATIVES OF THE LIONS CLUB
6/7/89
REGARDING PROPOSED PARADE.
47.
APPOINTMENTS TO THE COMMISSION ON THE
R 89-552
1i4•-116
STATUS OF WOMEN: Appointed were: Cary
6/7/89
De Leon and Janet Seitlin (Note: 8
appointments still pending.)
-
r
46.
(A) APPOINTMENTS TO THE BOARD OF THE
R 89-553
117-124
DOWNTOWN DEVELOPMENT AUTHORITY:
M 89-554_
Phillip Yaffa and Leland Taylor.
6/7/89
_
(B) URGE METROPOLITAN DADE COUNTY
-
ALLOCATE TO THE CITY EXPECTED REVENUE
FUNDS IN CONNECTION WITH THE PROPOSED
PLAZA VENETIA TAX INCREMENT DISTRICT
-=
FOR FURTHER IMPLEMENTATION OF MUNICIPAL
SERVICES.
49.
CO -DESIGNATE N.W. 17TH STREET FROM N.W.
R 89-555
124-126
27TH AVENUE TO N.W. 37TH AVENUE AS
6/7/89
—
"FATHER FELIX VARELA STREET".
=-
50.
(Continued Discussion) URGE STATE
R 89-556
126-127
GOVERNOR BOB MARTINEZ TO EXPEDITE
6/7/89
IMPLEMENTATION OF LEGISLATION TO
PROVIDE SORELY NEEDED DOCUMENTARY STAMP
SURTAX REVENUE TO FUND THE COST OF
LOCAL GOVERNMENTS (See label 2).
51.
DISCUSSION: COMMISSIONER PLUMMER
DISCUSSION
128-130_
REQUESTS FROM ADMINISTRATION
6/7/89
INFORMATION REGARDING RECENT STATE OF
=_
FLORIDA GRANTING OF $40 MILLION TO THE
-_
UNIVERSITY OF MIAMI..,
52.
RATIFY MANAGER'S FINDING OF EMERGENCY
R 89-557
130 _
REGARDING PROCUREMENT OF SECURITY
6/7/89
SERVICES FROM MINORITY INVESTIGATIONS
C
AND SECURITY TEAMS, INC., AND
-_
ELECTRICAL SERVICES FROM F.P., INC. -
for the operation of the jobs outreach
project (See label 56).
53.
ACCEPT COMPLETED WORK AND AUTHORIZE
R 89-558
131 _
FINAL PAYMENT: MIRI CONSTRUCTION,
6/7/89
INC. - for Manor Highway Improvement -
Phase IV.
54.
ACCEPT COMPLETED WORK AND AUTHORIZE
R 89-559
131-132
FINAL PAYMENT: ROB -EL CONSTRUCTION
6/7/89
CORPORATION - for Manor Highway
Improvement - Phase III.
55.
DISCUSSION CONCERNING STREET
DISCUSSION
132-134
VENDOR ORDINANCE.
6/7/89
56.
(Continued Discussion) CONCERNING
DISCUSSION
134-135
RATIFICATION OF MANAGER'S FINDING OF
6/7/89
EMERGENCY REGARDING PROCUREMENT OF
SECURITY SERVICES FROM MINORITY
INVESTIGATIONS A14D SECURITY TEAMS,
INC., AND ELECTRICAL SERVICES FROM F.P.
INC. - for the operation of the jobs
outreach project (See label 52).
57.
INSTRUCT CITY ATTORNEY TO DRAFT
M 89-560
135-141
APPROPRIATE LEGISLATION TO RESTRICT
6/7/84
PURCHASES BY ALUMINUM RECYCLING
PROCESSING PLANTS TO ALUMINUM CANS
ONLY.
58.
DISCUSSION CONCERNING REQUEST FOR
DISCUSSION
141-143
WAIVER OF WASTE FEE FOR UNOCCUPIED
6/7/89
UNITS AT OVERTOWN VILLAS LOW INCOME
HOUSING COMPLEX.
l=
W
s
U
59. DISCUSS AND REFER TO ADMINISTRATION DISCUSSION
VARIANCE REQUESTED BY REV. WILLIE 6/7/89
THOMPVTVTs AT 5890 N.W. 7TH AVENUE.
60. DISCUSSION CONCERNING REQUEST FOR CO- DISCUSSION
DESIGNATION OF N.E. 4TH AVENUE BETWEEN 6/7/89
N.E. 30TH AND 31ST STREETS AS "THE
VILLAGE WAY" AND CREATION OF A
COMMITTEE TO STUDY CODESIGNATIONS. (See
label 62).
61. (A) CO -DESIGNATE BLOCK ON N.W. 2ND R 89-561
STREET FROM N.E. 1ST AVENUE TO N.E. 2ND DISCUSSION
AVENUE AS "PADRE O'FARRILL STREET". 6/7/89
(B) DIRECT ADMINISTRATION TO CREATE A
COMMITTEE TO MAKE RECOMMENDATIONS TO
THE CITY COMMISSION ON FUTURE REQUESTS
FOR CO -DESIGNATION.
62. (Continued Discussion) SET PUBLIC M 89-562
HEARING ON JULY 13, 1989 CONCERNING 6/7/89
PROPOSED CO -DESIGNATION OF N.E. 4TH
AVENUE BETWEEN N.E. 30TH AND 31ST
STREETS AS "THE VILLAGE WAY" (See label
60).
63. REFER TO PLANNING DEPARTMENT REQUEST M 89-563
FOR CODE AMENDMENT CONCERNING 6/7/89
DEFINITION OF TWO DIFFERENT CATEGORIES
OF POOL ROOM ESTABLISHMENTS.
64. GRANT REQUEST FOR EXTENSION OF HOURS M 89-564
FOR FIREWORKS FROM REPRESENTATIVES OF 6/7/89
"CARNAVAL MIAMI".
65. GRANT FUNDING REQUEST BY "T.R. GIBSON R 89-565
UNITY AND COMMUNICATION CENTER" - 6/7/89
allocate $5,000 for annual Remembrance
Day dinner.
66. (A) APPOINTMENTS TO BAYFRONT PARK
MANAGEMENT TRUST: Appointed were: Tina
Hills, Joseph Flemming, Alan Greer,
Emilio Calleja, Sheila Austin Smith,
William Lee, Nat Moore, Rev. Bill
Barnes.
(B) IDENTIFY ETHNIC MAKE UP OF NEXT
FOUR APPOINTMENTS TO BAYFRONT PARK
MANAGEMENT TRUST (one Latin and three
Blacks).
v
143-144
144-145
c
145-147
—
148-150
150-155
155-156
s
156-157
R 89-566 157-160
M 89-567
6/7/89
67. GRANT MIAMI MAGAZINE NON-EXCLUSIVE M 89-568
REPRESENTATION REGARDING ORGANIZATION 6/7/89
OF EVENTS FOR MIAMI'S 94TH BIRTHDAY.
68.
69.
161-162
(A) AMEND RESOLUTION 88-569 REGARDING
R 89-569
163-166
DEVELOPMENT OF FERN ISLE NURSERY SITE
M 89-569.1
FOR AFFORDABLE HOUSING - change'
6/7/89
proposed developer from Allapattah
Business Development Authority to
Allapattah Community Action, Inc.
(B) GRANT ALLAPATTAH COMMUNITY ACTION,
INC. FIRST RIGHT TO PURCHASE THE FERN
ISLE PARCEL - with provisos.
APPROVE, IN PRINCIPLE, ERECTION OF A
R 89-570
166--169
CLAUDE PEPPER STATUE IN JOSE MARTI
6/7/89
PARK.
i
Z +i+sez
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
DISCUSS AND REFER TO ADMINISTRATION
REQUEST FOR STREET CLOSURE FOR THE
"LAST DAY OF SCHOOL BLOCK PARTY".
ESTABLISH TESTING SITES REGARDING
PLACEMENT OF RUMBLE STRIPS FOR TRAFFIC
CONTROL.
DISCUSSION CONCERNING UPDATE ON THE
U.D.P. PROCESS FOR WATSON ISLAND.
APPROVE, IN PRINCIPLE, VISIONS 2000
GOALS AND POLICIES STATEMENT.
COMMISSION PLUMMER REQUESTS INFORMATION
CONCERNING MONIES RECEIVED BY THE CITY
FROM THE BAYSIDE PROJECT.
DISCUSSION BY REVEREND VICTOR CURRY AND
CITIZENS OF GREATER MIAMI ON BLACK
ISSUES OF CONCERN.
DISCUSSION CONCERNING ONGOING
NEGOTIATIONS FOR THE LEASING OF A
BUILDING LOCATED AT 4400 BISCAYNE
BOULEVARD.
ESTABLISH SPECIAL CHARGES FOR USE OF
MARINE STADIUM BY "POPS BY THE BAY"
CONCERT SERIES - presented by the
Philharmonic Orchestra of Florida and
the Miami Herald Lend -A -Hand Fund.
WAIVE RENTAL FEE FOR USE OF MIAMI
MARINE STADIUM FOR "HYDROBLAST 189
NATIONAL CHAMPIONSHIP LIMITED INBOARD
HYDROPLANE REGATTA".
ESTABLISH A USE FEE FOR THE SEMINOLE
BOAT RAMP -DINNER KEY LAUNCHING AREA FOR
THE MIAMI BOAT SHOW.
BRIEF COMMENTS BY COMMISSIONER
DAWKINS REQUESTING TO BE INFORMED
AS TO WHY A CERTAIN ITEM DID NOT
GET ON TODAY'S AGENDA.
DISCUSSION
6/7/89
M 89-571
6/7/89
DISCUSSION
6/7/89
R 89-572
6/7/89
DISCUSSION
6/7/89
DISCUSSION
6/7/89
DISCUSSION
6/7/89
R 89-573
6/7/89
R 89-574
6/7/89
R 69-575
6/7/89
DISCUSSION
6/7/89
L
169-170
--
170-172
172-174
174-175
175
176-206
206-243
244
245-246
246-247
i
247-248
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 7th day of June, 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 9:08 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: Commissioner Rosario Kennedy
s
ALSO PRESENT:
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
1. Commendations to "Most Outstanding Officers of the Month" for May, 1989
to Officer Jack Calvar and Officer Orestes Chavez.
2. Presentation of engraved silver City of Miami Plate to Ms. Marlene
Sotelo, the 50th Royal Poinciana Fiesta Queen.
-------------------------------------------------------
NOTE FOR THE RECORD: At this point, Commissioner Dawkins requests
of Mr. Al Pallet, that a royal poinciana tree be planted at the
entrance of Florida Memorial College. Mr. Pallet agreed to do so.
3. Presentation of Key to the City of Miami to Consul of Spain, Carlos
Fernandez Shaw.
APPROVAL OF MINUTES: On motion duly made by Commissioner Dawkins
and seconded by Commissioner Plummer the minutes of the Planning &
Zoning meeting of March 23, 1989 and the Regular meeting of April
i I 1
■
i
I:
2. INSTRUCT CITY ATTORNEY TO DRAFT RESOLUTION TO STATE GOVERNOR BOB
_= MARTINEZ URGING THE GOVERNOR TO LEAVE INTACT RECENTLY ADOPTED
LEGISLATION CONCERNING PROVISION OF SORELY NEEDED DOCUMENTARY STAMP
SURTAX REVENUE TO MUNICIPALITIES (See label 50).
Mr. Dawkins: Mr. Mayor, before we get started....
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: I'd like to take a point of special privilege and asked that...
I make a motion that we have the City Attorney draft a resolution informing
the Governor that this Commission hopes that he leaves the surtax bill intact
and that he does not monkey around with it and I so move, and that the City
Attorney bring it back to the first order of business after the break for
lunch so we can...
Mayor Suarez: Is that documentary stamp surtax?
Mr. Dawkins: Yes, documentary stamp surtax.
Mayor Suarez: That would extend the deadline, the sunsetting deadline so that
it could be bonded?
Mr. Dawkins: Yes, sir.
Mayor Suarez: That in the form of a motion?
Mr. Plummer: Second.
Mayor Suarez: Seconded, any discussion? I guess formally that he approve and
not veto that legislation. Call the roll.
THEREUPON THE FOREGOING MOTION NO. 89-490, DULY INTRODUCED BY
COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER WAS
ADOPTED BY THE FOLLOWING VOTE: (THE ESSENCE OF THE AFOREMENTIONED
MOTION IS CONTAINED IN RESOLUTION 89-556
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
®
-,
e-
---
-----__:..-_-
�--..___-_______-.�.�...______-_---_-------
---------------------------w-
3. CONSENT AGENDA
Mayor
Suarez: I've got
a point of clarification myself. On
Consent Agenda
items
which we are about
to consider,
which are items CA-1 through
CA-47 and
we are
disposed to take these together as the Consent Agenda,
and entertain a
—
motion
collectively, is
there anyone
from the general public
that wishes to
heard
on any of those items?
If so,
would you please let us
know which item
it is,
Mary?
Ms. Mary
Lichtenstein: I
believe it's
number 9, Mr. Mayor.
Mayor
Suarez: OK, let's
pull item 9.
Ms. Mary Lichtenstein: I think it is on the barricades in the northeast area,
69th
Mayor Suarez: OK, we pulling it to have individual consideration of it. The
Commission has attempted to establish a new system where we would each
individually look at Consent Agenda items and get all the clarification we
needed prior to the Commission meeting, but I just received today on item... _-
just happened to look at my mail this morning and received from Luis Sabines a
communication on the item having to do with the pay phones, that's item CA-30
and I would' ask my colleagues to allow us to pull that and I can get a
clarification on that. It's not to say' that we are not going to act on it, _
but since we just got this new information on it.
Mr. Dawkins: So what is the policy now? If you want an item pulled, it is
pulled and scheduled for the next Commission meeting or what? Is that what
we've agreed?
Mayor Suarez: We've agreed. OK.
Mr. Dawkins: When did we...
Mr. Plummer: I don't remember that, and I think it's...
Mr. Dawkins: Me, I don't either, but if Adele says we did it, we did it. I
don't remember that.
Mr. Plummer: Let me tell you, I think it is a good idea, but where I
disagree...
Mayor Suarez: This doesn't affect you, because we are going to take your item
here.
Mr. Pluimuer: Yes. Where I disagree an item pulled, carried over to the next
meeting, I think it behooves this Commission that prior, 24 hours in advance,
that they can pull any item they want, but so notify the party involved so
that they don't appear here until the following meeting. I think it is unfair .
to have people come down here on the morning of the meeting, pull an item, and
then it is automatically transferred two weeks later, they've wasted their
day.
Mr. Dawkins: But if it is Consent, nobody is going to appear anyway, I don't
think.
Mr. Plummer: Well, I'm sure there are. There are people here today on some
of the items on Consent and there is one in particular that I'm...
Mayor Suarez: If they are the ones involved in item 30, I wish they wouldn't
leave. Would you suggest to them that they not leave, Aurelio, or somebody...
Jeff. Aren't they the people from Southern Be117
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, because I'm not sure that it makes sense for us to postpone
consideration of this. I ,just want a clarification from my fellow
Commissioners as to what we should do. I got the communication this morning,
Luis Sabines signed it, and he is saying that we are going to quote, unquote,
piggyback on Southern Bell contract for Miami Beach and that may make
enormously good sense. Only, there are some minority small firms that would
like to also participate in this bidding process and I want a clarification
from the Commission what they wish to do on something that at the last moment,
comes up with this sort. Do we postpone it? Is that fair to people who are
here hoping for it to be resolved? What do you want to do?
Mr. Dawkins: Well, I would say that anybody who is here, as J.L. said, that
we hear the item, but let's, as you said, as J.L. said, it is a Consent, and
if we want to discuss it, then let's move it to the next agenda and put it on
the agenda as a discussion item.
Mayor Suarez: Yes, for final determination, maybe what we ought to do is
indicate that it would be finally determined at the next agenda, the next
session of the Commission, but that doesn't preclude us from asking about it
and that's what I intend to do and hopefully, if you want to make a statement,
or the Manager wants to give us further advice, that may mean that you won't
have to come back if the Commission indicates that we are going to follow the
Manager's recommendations on this, which we may do, so I pull item 30 for
clarification. Any other items, Commissioners?
Mr. Plummer: Yes, I want to pull item 6 and 7 and 30 was on my list also.
Mr. Dawkins: I pull, 9, 10, 33 and 46.
Mayor Suarez: Mr. vice Mayor, any items? You'd asked for which, Mary?
Ms. Lichtenstein: Nine.
Mr. Plummer: Nine.
Mayor Suarez: OK, that's already been pulled also by Commissioner Dawkins, so
with the exceptions of items 6, 7, 9, 10, 30, 33, and 46, the Consent Agenda
is comprised of items 1 through 47 and I will entertain a motion on that.
Mr. Plummer: So moved.
Mr. Dawkins: Second.
��r
11
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De rYurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
3.1 RECOGNIZE THE DISCOVERY OF AMERICA QUINCENTENNIAL COMMITTEE, INC. AS
COORDINATING BODY OF SPECIAL EVENTS TO COMMEMORATE THE 50OTH ANNIVERSARY
OF THE DISCOVERY OF AMERICA IN A YEAR -LONG JUBILEE - OCTOBER 12, 1991 w
OCTOBER 12, 1902.
RESOLUTION NO. 89-491
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI RECOGNIZING THE DISCOVERY OF AMERICA
QUINCENTENNIAL COMMITTEE, INC. AS THE COORDINATING
BODY OF THE SERIES OF SPECIAL EVENTS, FESTIVALS,
CULTURAL AND HISTORICAL ACTIVITIES TO BE HELD IN THE
GREATER MIAMI AREA TO COMMEMORATE THE 500TH
ANNIVERSARY OF THE DISCOVERY OF AMERICA IN A YEAR-
LONG JUBILEE FROM OCTOBER 12, 1991 UNTIL OCTOBER 12,
1992 AND ENCOURAGING THE OTHER MUNICIPALITIES OF
DADE COUNTY TO DO THE SAME.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.2 APPROVE CONTRIBUTION OF $10,000 TO CRIME STOPPERS ANONYMOUS OF DADE
COUNTY.
RESOLUTION NO. 89-492
A RESOLUTION AUTHORIZING THE CONTRIBUTION OF $10,000
TO BE PROVIDED FROM THE LAW ENFORCEMENT TRUST FUND,
TO CRIME STOPPERS ANONYMOUS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.3 APPROVE PURCHASE OF BARTEC DIALLED NUMBER RECORDER, A DIAL UP SLAVE UNIT
AND AN ADVANCED'FEATURE PACKAGE - for Police Department.. w
RESOLUTION NO. 89-493-
r
A RESOLUTION AUTHORIZING THE PURCHASE OF A BARTEG
DIALLED NUMBER RECORDER, A DIAL UP SLAVE UNIT AND AN
ADVANCED FEATURE PACKAGE, AT AN APPROXIMATE COST OF
$4,700, FUNDING TO BE PROVIDED FROM THE LAW
ENFORCEMENT TRUST FUND, 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.)
3.4 APPROVE PURCHASE OF CRIME SCENE SKETCHING- SYSTEM AND ACCIDENT
t
RECONSTRUCTION SYSTEM - for. Police Department.
RESOLUTION NO. 89-494
A RESOLUTION AUTHORIZING THE PURCHASE OF
A CRIME
SCENE SKETCHING SYSTEM AND AN
ACCIDENT
RECONSTRUCTION SYSTEM AT AN APPROXIMATE
COST OF
$11,510, FUNDING TO BE PROVIDED FROM `
THE :LAW
ENFORCEMENT TRUST FUND PROJECT NO, 690001,
'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.)
3.5 APPROVE PURCHASE OF TX-731C BALL CAP TRANSMITTER - for Police
Department.
RESOLUTION NO. 89--495
A RESOLUTION AUTHORIZING THE PURCHASE OF A TX-731C
BALL CAP TRANSMITTER AT AN APPROXIMATE COST OF
$1,320, FUNDING TO BE PROVIDED FROM THE LAW
ENFORCEMENT TRUST FUND, 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.)
3.6 ALLOCATE $5,000 IN SUPPORT OF 1989 INTERAMERICAN FORUM - sponsored by
the InterAmerican Businessmen Association - Execute agreement.
RESOLUTION NO. 89-496
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$5,000.00 FROM THE INTERNATIONAL TRADE BOARD GENERAL
FUND IN SUPPORT OF THE 1989 INTERAMERICAN FORUM
SPONSORED BY THE INTERAMERICAN BUSINESSMEN
ASSOCIATION; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO IMPLEMENT SAID ALLOCATION IN
ACCORDANCE WITH THE APRIL 11, 1989 LETTER OF GRANT
OFFER TO SAID ASSOCIATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.7 ACCEPT BID: DECORA OFFICE FURNITURE - for furnishing office
for Department of Internal Audits & Reviews.
RESOLUTION NO. 89-497
A RESOLUTION ACCEPTING THE BID OF DECORA OFFICE
FURNITURE FOR FURNISHING OFFICE FURNITURE FOR THE
DEPARTMENT OF INTERNAL AUDITS AND REVIEWS AT A TOTAL
PROPOSED COST OF $10,979.00; ALLOCATING FUNDS
THEREFOR FROM THE 1988-89 OPERATING BUDGET ACCOUNT
CODE NO. 520201-907; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREME14T OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
furniture
(Here follows body of resolution, omitted here and F
on file in the Office of the City Clerk.)
3.8 APPROVE EXTENSION OF CONTRACT WITH MIAMI RUG COMPANY - for
furnishing
and installation of carpeting, cushion and related materials
Citywide
for Department of GSA.
RESOLUTION NO. 89-498
?�
A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING
-`
CONTRACT FOR THE FURNISHING AND INSTALLATION OF
CARPETING, CUSHION AND RELATED MATERIALS CITY WIDE
WITH MIAMI RUG COMPANY FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION FOR AN ADDITIONAL ONE: (1)
-
YEAR PERIOD APPROVED ORIGINALLY ON RESOLUTION NO.
�. 87•-306, HID NO. 86-87-040 AT A TOTAL PROPOSED;COST
OF $20,000.00; 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 SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.9 ACCEPT BIDS: (a) A.A. & G. SANDBLASTING, INC., & (B) ALL SEASON POOL
SERVICE & EQUIPMENT CO. - for (a) sandblasting City Hall's walls, and
(b) the sandblasting and marbletite of Jose Marti Park swimming pool -
for Department of GSA.
RESOLUTION NO. 89-499
A RESOLUTION ACCEPTING THE RIDS OF A.A. & G.
SANDBLASTING, INC. IN THE AMOUNT OF $13,900.00 FOR
THE SANDBLASTING OF CITY HALL'S WALLS AND ALL SEASON
POOL SERVICE & EQUIPMENT CO. IN THE AMOUNT OF
$11,900.00 FOR THE SANDBLASTING AND MARBLETITE OF
THE JOSE MARTI PARK SWIMMING POOL FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION FOR A TOTAL
PROPOSED COST OF $25,800:00; 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
PURCHASE ORDERS FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.10 ACCEPT BID: FAST ENTERPRISES - for furnishing tractors, mower and
attachment - for Parks Department.
RESOLUTION NO. 89-500
A RESOLUTION ACCEPTING THE BID OF FAST ENTERPRISES
FOR A TOTAL PROPOSED AMOUNT OF $18,106.00 FOR THE
FURNISHING OF TRACTORS, MOWER AND ATTACHMENT FOR THE
DEPARTMENT OF PARKS RECREATION AND PUBLIC
FACILITIES; ALLOCATING FUNDS THEREFOR FROM THE 1988-
89 OPERATING BUDGET ACCOUNT CODE NO. 580303-907;
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.)
3.11 ACCEPT BIDS: VICENTE A. FRASNO, EMMA VELAZQUEZ, MANOLIN & PILAR MARTINEZ
SCIiOOL BUS, AND JULIO BALSERA SCHOOL BUS SERVICE, INC. - for furnishing
bus transportation services for summer program to Parks Department.
RESOLUTION NO. 89-501
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.12 ACCEPT BIDS: RECIO & ASSOCIATES, ARTHUR LAWN SERVICE, J.R. ALVAREZ LAWN
MAINTENANCE, J.W. LAWN MAINTENANCE, AND SHARPE SOD & LAWN MAINTENANCE -
for furnishing grounds maintenance at 50 City parka and facilities.
RESOLUTION NO. 89-502
A RESOLUTION ACCEPTING THE BIDS OF RECIO &
ASSOCIATES IN THE AMOUNT OF $12,480.00, ARTHUR LAWN
SERVICE IN THE AMOUNT OF $7,920.00, J.R. ALVAREZ
LAWN MAINTENANCE IN THE AMOUNT OF $16,356.00, J.W.
LAWN MAINTENANCE IN THE AMOUNT OF $37,008.00 AND
SHARPE SOD & LAWN MAINTENANCE IN THE AMOUNT OF
$24,918.00 FOR THE FURNISHING OF GROUNDS MAINTENANCE
AT 50 CITY PARKS AND FACILITIES FOR THE DEPARTMENT
s
OF PARKS RECREATION AND PUBLIC FACILITIES FOR A
TOTAL PROPOSED AMOUNT OF $99,042.00; ALLOCATING
_
FUNDS THEREFOR FROM THE 1988-89 OPERATING BUDGET
ACCOUNT CODE NO. 580302-340 ($41,267.50) 1989-90
®_
($57,784.50), SUBJECT TO THE AVAILABILITY OF FUNDS;
—_
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE, AND THEREAFTER TO EXTEND THESE
--
CONTRACTS ANNUALLY FOR FIVE (5) ADDITIONAL ONE (1)
YEAR PERIODS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.13 ACCEPT BID; MOST DEPENDABLE FOUNTAINS - for furnishing 25 pedestal
drinking fountains for Parks Department.
RESOLUTION NO. 89-503
A RESOLUTION ACCEPTING THE BID OF MOST DEPENDABLE
FOUNTAINS FOR THE FURNISHING OF TWENTY FIVE (25)
PEDESTAL DRINKING FOUNTAINS -FOR A TOTAL PROPOSED
AMOUNT OF $28,350.00 FOR THE DEPARTMENT OF PARKS
RECREATION AND PUBLIC FACILITIES; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM
PROJECT NO. 331339 ACCOUNT CODE NO. 589401-840;
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.)
3.14 ACCEPT BID:. PHOENIX WORLDWIDE INDUSTRIES - for modification of a van for
undercover surveillance by Miami Police Crack Task Force.
3.15 ACCEPT PROPOSAL: KAAREN JOHNSON ASSOCIATES, INC. - for furnishing
professional services for an ongoing intercultural awareness training
program - for Fire Department.
RESOLUTION NO. 89-505
A RESOLUTION ACCEPTING THE PROPOSAL OF KAAREN
JOHNSON ASSOCIATES, INC. FOR THE FURNISHING OF
PROFESSIONAL SERVICES FOR AN ONGOING INTERCULTURAL
AWARENESS TRAINING PROGRAM ON A CONTRACT BASIS IN
SUBSTANTIAL ACCORDANCE WITH RFP NO. 88-89-063, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
AT A TOTAL PROPOSED COST OF $154,955; ALLOCATING
FUNDS THEREFOR FROM THE 1988-89 OPERATING BUDGET
ACCOUNT CODE NO. 280101-270 ($74,955) AND 1989-90
($80,000); AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY
OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.16 RATIFY ACCEPTANCE OF PROPOSALS: RALPH ROSS, RALPH ROSS REAL ESTATE CO.,
INC., AND RENALDO BLANCO, ANCIA REALTY, INC. (members of National
Society of Fee Appraisers) - to appraise fair market value of certain
City properties in Block 35N, Miami North Plat Book "B" at page 41,
bounded by N.W. 8th and 9th Streets between 2nd and 3rd Avenues.
RESOLUTION NO. 89-506
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACCEPTANCE OF PROPOSALS OF RALPH ROSS, RALPH ROSS
REAL ESTATE CO., INC. AND RENALDO- BLANCO, ANCLA
--
REALTY, INC., A MINORITY APPRAISER, BOTH MEMBERS OF
THE NATIONAL SOCIETY OF FEE APPRAISERS, AT A FEE OF
=
$6,225.00 AND $8,000.00, RESPECTIVELY, TO APPRAISE
THE FAIR MARKET VALUE OF CERTAIN PROPERTIES
INCLUDING IMPROVEMENTS THEREON IN, BLOCK 35N, MIAMI
_
NORTH PLAT BOOK "B" AT PAGE 41, BOUNDED BY NORTHWEST
EIGHTH AND NINTH STREETS BETWEEN SECOND AND THIRD
AVENUES, MIAMI, FLORIDA, FUNDS TO COVER THE EXPENSES
FOR THE APPRAISALS BEING ALLOCATED FROM SOUTHEAST
OVERTOWN PARK/WEST PHASE I PROJECT FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.17 APPROVE EXECUTION OF AMENDMENTS 02 TO AGREEMENTS WITH MANUEL G. VERA &
ASSOCIATES, INC., WELDENER SURVEYING & MAPPING P.A., E.R. BROWNELL &
ASSOCIATES, INC., H.J. ROSS & ASSOCIATES, AND FERNANDO Z. GATELL P.L.S.,
INC. - for surveying services in connection with City projects.
by the City Attorney as prescribed by applicable
City Code provisions.)
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.18 EXTEND INITIAL 30-YEAR PERIOD TERMINATION DATE OF LEASE AGREEMENT WITH
BISCAYNE BAY RESTAURANT CORP. (a/k/a Rusty Pelican ) - from February 1,
2001 to October 1, 2002 - with provisos.
RESOLUTION NO. 89-508
A RESOLUTION EXTENDING THE INITIAL 30-YEAR PERIOD
TERMINATION DATE OF THE FEBRUARY 13, 1970 LEASE
AGREEMENT, WITH BISCAYNE BAY RESTAURANT CORP., A/K/A
RUSTY PELICAN, FROM FEBRUARY 1; 2001 TO OCTOBER 1,
2002, CONDITIONED UPON SAID FIRM'S EXECUTION OF
INDEMNIFICATION AND COVENANT NOT TO SUE CLAUSES IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.19 AUTHORIZE ACCEPTANCE GRANT FROM THE ORGANIZATION OF AMERICAN STATES
(OAS) - giving the City exclusive performing rights of the OAS
International Artist Series, as well as $25,000 for event -related
costs - Authorize City's contribution of $10,000 in inkind services.
RESOLUTION NO. 89-509
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
A GRANT FROM THE ORGANIZATION OF AMERICAN STATES
(OAS) GIVING THE CITY EXCLUSIVE PERFORMING RIGHTS OF
THE OAS INTERNATIONAL ARTIST SERIES AND GRANTING AN
AMOUNT NOT TO EXCEED :$25,000.00 TO COVER DIRECTLY
THE COSTS OF TRAVEL PER DIEM AND PARTIAL FEES OF THE
ARTISTS FROM SAID .WASHINGTON, D.C., PANAMERICAN HALL
CONCERT SERIES THAT WILL TRAVEL TO MIAMI AND PERFORM
IN THE CITY OF MIAMI-ORGANIZATION OF AMERICAN STATES
INTERNATIONAL ARTISTS SERIES; FURTHER ALLOCATING AN
AMOUNT OF $15,000.00 FROM FISCAL YEAR 1990 CASH
MATCH FUND, SPECIAL PROGRAMS AND ACCOUNTS,
AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO
EXCEED $10,000.00 IN IN -KIND SERVICES FROM THE
DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGETED FUNDS
AS THE CITY'S MATCH PORTION AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS TO
ACCEPT AND IMPLEMENT SAID GRANT, SUBJECT TO
APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted .here and
on file in the Office of the City Clerk.)
3.20 AUTHORIZE EXECUTION OF INDIVIDUAL CONTRACT -UAL AGREEMENTS WITH 12
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS*' - to continue
implementing economic programs. (*Notes Allapattah Business Development,
Inc., Coconut Grove Local Develo-pment Corporation, Inc., Downtown Miami
Business Association, Inc., Greater Biscayne Boulevard Chamber of
Commerce, Inc., Greater Miami United, Inc., Haitian Task Force, Inc.,
Little Havana Development Authority, Inc., Martin Luther King Economic
Development Corporation, Inc., New Washington Heights Community
Development Conference, Inc., Small. Business Opportunity Center, Inc.,
St. John Local Development Corporation, Inc., & Wynwood Community
Economic Development Corporation, Inc.)
RESOLUTION NO. 89-510
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL
AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED, WITH
TWELVE (12) NEIGHBORHOOD ECONOMIC DEVELOPMENT
ORGANIZATIONS, FOR THE AMOUNTS SPECIFIED FOR EACH,
TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT
PROGRAMS, WITH FUNDS ALLOCATED THEREFOR FROM THE
FIFTEENTH (15TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.21 AUTHORIZE EXECUTION OF AGREEMENT WITH FANTASMA PRODUCTIONS, INC. - for
use of Miami Marine Stadium for series of concerts during summer, 1989.
RESOLUTION NO..89-511
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
FANTASMA PRODUCTIONS, INC. FOR THE USE OF THE MIAMI
MARINE STADIUM FOR THE PRESENTATION OF A SERIES OF
CONCERTS AT SAID STADIUM DURING THE SUMMER OF 1989.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.22 AUTHORIZE EXECUTION OF AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL
DEVELOPMENT, INC. - to continue to "represent the City of Miami in
Washington, D. C. by lobbyist, Mr. Mark Israel for 15 months.
RESOLUTION NO. 89-512
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE NATIONAL CENTER FOR MUNICIPAL
DEVELOPMENT, INC., TO CONTINUE. REPRESENTATION OF THE
CITY OF MIAI•II IN WASHINGTON, D.C. BY MR. MARK
ISRAEL; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED
$36,000 FOR SUCH SERVICES FOR A PERIOD OF FIFTEEN
MONTHS, AND AN AMOUNT NOT TO EXCEED $5,000 FOR
REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON
GENERAL FUND.
(Here follows
body of resolution, omitted here and
on file in the
Office of the City Clerk.)
r'
11 June 71:
3.23 AMEND ECONOMIC I7,i'II,OrmETTT AC=RFF;t•fFNT kIITH A`TATII CAPITAL, DEVELOPMENT,
INC. (MCDI) - Allocnt.r- $lt)0,000 for its eXpences And $1
million for r_r�>ol-`iTSp^, loan fTTrd (.10y 1, 1989 - ,i:ne 30, I090).
r, Tlls,OI_?r,-1OI:; ?JO, C9._51'
A RESOLUTION A1j7'lI0RI7TNC, 713T CITY 11ANAC77ER TO A1117IND
TIiT I C'CITC3tilC U II%€ Ox?J`1':IdT. A(- T rT.;I-tj7':k iIATL':T? Dt ':l'.11F;ER
14, 1988, PI7TW:1FN ,FIF CITY OF 11,1,Yll AI'D 11TA19I
CAPITAL, DFATELOP1,11-14T, TIIC. (ISC;'DI) ; FOR Ti;F 'FURI'1 T; OF
ALLOCATING 1100 , 000 FOR I`I S ADMINISTRATIVE EXPENSES
AND $1 MII_LI0I4 DOLLARS FOR ITS REVOLVING LOAN FUND,
.FOR THE PERIOD OF JUL.Y 1, 1988 TO JUTE 10, 1990 WITH
FUNDS THEREFOR BET14G ALLOCATED FR.OI; THE FIFTEENTH
(15TH) YEAR COMVUNITY DEVrLOrHENT BLOCK' GRAND FUND.
(* - The herein, stithoriznti.on i.s further subject to
compl.ianco v-i.th all requirements that. may be imposed
by the City Attorney is prescribed by applicable
City Code provisions.)
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.24 AMEND LEASE/DEVELOPMENT AGREEMENT WITH INDIAN RIVER INVESTMENTS OF
MIAMI, INC. - to change rentals payable and accounting procedures in
order to assist developer in complying with HUD criteria for providing
insured loans.
RESOLUTIONO NO. 89-514
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN
LEASE AND DEVELOPMENT AGREEMENT ("LEASE") BETWEEN
INDIAN RIVER INVESTMENTS OF MIAMI, INC.
("DEVELOPER") AND THE CITY OF MIAMI, ("CITY") DATED
JUNE 15, 1988, IN SUBSTANTIALLY THE FORM ATTACHED,
SPECIFICALLY MODIFYING SECTION 2.5 OF SAID LEASE TO
CHANGE THE RENTALS PAYABLE AND THE MANNER IN WHICH
SUCH RENTALS ARE COMPUTED IN ORDER TO ASSIST THE
DEVELOPER IN COMPLYING WITH THE CRITERIA FOR
PROVIDING INSURED LOANS ESTABLISHED BY THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD").
(Here folloves body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.25 DECLARE I.?. D.'_'.
A i I.10 ST
ADV I'i'1'_.C_ OUR I':.':2111;0D
r11 1-1�..'; ,__,.. 17C—,irat.ion.. Of a
f.'
draft F:.L'.+.'.
.C)I" I3.1:.I'.
t:?> ( 4 :...tI ,..II`C C'.0
z.t:.. it '6.:?.t._.0 .ul us0S. of
City--o:�,ned
I)rOTiG3't !r.,C.
.t..C... .i?; ! ._. 1:" !_?..:}1
,_ t.". ::c 4 \i';t..,., _x ,s:1 JU.,L .ice
Build' r ._
i.YIT,
f. ..
7C. ji%.1!�1]C:
;,�,;
S.i.-i.. .
A RESOIU�'ju1.. "'.CI '.t?.IdC !!,._ II;:v Ia ._'. t._i`.'t,Ia t.A.GrO%S
METHOD TO D1sV.0 ..UP C 1i'i '1'l.I17 1,'.iT'I;GVla 's i?`_' C.-! CI;: -O taED
LAND IS BY A UN11FIED I)EVELOi'11:111T ''ROJECI' (UDP),
AUTHORIZING THE CITY 1.1A.NAGER TO PREPARE A DRAFT
REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND
CONFIRMING THE SETTING OF A PUBLIC HEARING FOR JULY
13, 1989, AT 11 :00 A.M. , TO TAKE TESTIMONY REGARDING
SAID RFP FOR THE DEVELOPI•IE14T OF GENERAL COMMIERCIAL
USES ON CITY -OWNED PROPERTY LOCATED AT 1145 1-T.W. 11
STREET MORE COMHONLY KNOUN AS THE "ISUNICIPAL JUSTICE
BUILDING PROPERTY"; AND AT THE C014CLUSION OF THE
PUBLIC HEARING AUTHORIZE THE ISSUANCE OF A RFP,
SELECT A CERTIFIED PUBLIC ACCOUNIT114G FI1414 AND
APPOINT MEMBERS OF A REVIEW l COMMITTEE TO EVALUATE
PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS
REQUIRED BY THE CITY CHARTER A14D CODE.
12 June 7, 1989
RESOLUTION NO. 89-516
A RESOLUTION ACCEPTING AND APPROVING THE CITY OF
MIAMI COMPREHENSIVE ANNUAL REPORT FOR THE FISCAL
YEAR ENDED SEPTEMBER 30, 1988, AS REQUIRED BY THE
STATE OF FLORIDA STATUTES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.27 AUTHORIZE EXECUTION OF INSTRUMENT RELEASING AND CANCELLING COVENANT TO
RUN WITH LAND EXECUTED BY WEST FLAGLER ASSOCIATES LIMITED - concerning a
temporary sanitary sewer main to serve the West Flagler Kennel Club,
RESOLUTION NO. 89-517
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT
FORMALLY RELEASING AND CANCELLING THAT CERTAIN
COVENANT TO RUN WITH THE LAND EXECUTED BY WEST
FLAGLER ASSOCIATES LIMITED CONCERNING A TEMPORARY
SANITARY SEWER FORCE MAIN TO SERVE THE WEST FLAGLER
KENNEL CLUB AS RECORDED IN OFFICIAL RECORD BOOK 7986
AT PAGE 927 AND RE -RECORDED IN OFFICIAL RECORD BOOK
8064 AT PAGE 731, BOTH OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.28 EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT TO RUN
-
WITH LAND EXECUTED BY BURTON GOLDBERG (AS TRUSTEE), JOYCE GOLDBERG AND
SAILBOAT BAY, INC. - concerning property known as "Sailboat Bay
_-
Subdivision". -
-
RESOLUTION NO. 89-51$
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
y.
MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT
FORMALLY RELEASING AND CANCELLING THAT CERTAIN
COVENANT TO RUN WITH THE LAND EXECUTED BY BURTON
GOLDBERG, AS 'TRUSTEE, AND INDIVIDUALLY JOINED BY HIS
-
WIFE, JO'YCE GOLDBERG, AND SAILBOAT BAY, INC., A
FLORIDA CORPORATION, CONCERNING THAT PROPERTY KNOWN
AS "SAILBOAT BAY SUBDIVISION" AS RECORDED IN PLAT
BOOK 84 AT PAGE 80 OF THE PUBLIC RECORDS OF DADS
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
3.29 EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT TO RUN
WITH LAND REGARDING ASSESSMENTS FOR A SIDEWALK AND LANDSCAPE
ILLUMINATION SYSTEM EXECUTED BY LEONARD RALBY, PATRICK POTSAID AND
JEROME D. BRYANT - concerning property known as Tract 1 less the East 5
feet of "Edward Pent Homestead Revised Plat of Resubdivision".
RESOLUTION NO. 89-519
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT
FORMALLY RELEASING AND CANCELLING THAT CERTAIN
AGREEMENT AND COVENANT TO RUN WITH THE LAND WITH
REGARD TO THE ASSESSMENTS FOR A PEDESTRIAN SCALE
SIDEWALK AND LANDSCAPE ILLUMINATION SYSTEM EXECUTED
BY LEONARD RALBY, PATRICK POTSAID AND JEROME D.
BRYANT CONCERNING THAT PROPERTY KNOWN AS TRACT 1
LESS THE EAST 5 FEET OF "EDWARD PENT HOMESTEAD
REVISED PLAT OF RESUBDIVISION" AS RECORDED IN PLAT
BOOK 35 AT PAGE 53 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.30 EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT TO RUN
WITH LAND REGARDING ASSESSMENTS FOR A SIDEWALK AND LANDSCAPE
ILLUMINATION SYSTEM EXECUTED BY COCONUT GROVE CAMERA, INC. - concerning
property as more fully described in Resolution 89-520 ("Edward Pent
Homestead").
RESOLUTION NO. 89-520
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT
FORMALLY RELEASING AND CANCELLING THAT CERTAIN
AGREEMENT AND COVENANT TO RUN WITH THE LAND WITH
REGARD TO THE ASSESSMENTS FOR A PEDESTRIAN SCALE
SIDEWALK AND LANDSCAPE ILLUMINATION SYSTEM EXECUTED
BY COCONUT GROVE CAMERA, INC. CONCERNING THAT
PROPERTY DESCRIBED AS BEGINNING AT A POINT 1505 FEET
WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF
"EDWARD PENT HOMESTEAD", THENCE NORTH AT A RIGHT
ANGLE FOR 221 FEET, THENCE EAST 25 FEET, THENCE
SOUTH 221 FEET, THENCE WEST 25 FEET TO THE POINT OF
BEGINNING BUT LESS THE SOUTIi 33 FEET FOR STREETS" AS
RECORDED IN PLAT BOOK A AT PAGE 45 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.31 EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVE1ANT TO RUN
WITH LAUD REGARDING ASSESSMENTS FOR A SIDEWALK AND LANDSCAPE
ILLUMINATION SYSTEM EXECUTED BY JEROME D. BRYANT - concerning property
to d P
has more fully described in Resolution 89-521 ( Edwar ent
Homnestead").
=
RESOLUTION NO. 89-521
A-
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK. TO EXECUTE AN INSTRUMENT
FORMALLY RELEASING .AND CANCELLING THAT CERTAIN
AGREEMENT AND COVENANT TO RUN WITH THE LAND WITH
REGARD TO THE ASSESSMENTS FOR A PEDESTRIAN SCALE
SIDEWALK AND LANDSCAPE ILLUMINATION SYSTEM EXECUTED
BY JEROME D. BRYANT CONCERNING THAT PROPERTY
z-
DESCRIBED AS BEGINNING AT A POINT 1588.3 FEET WEST
OF THE SOUTHEAST CORNER OF THE SOUTHEAST 1A OF THE
NORTHEAST. 1/4 OF "EDWARD PENT HOMESTEAD", THENCE`
NORTH 221 FEET, THENCE WEST 28 FEET, THENCE NORTH
14
f as =
Ad
110 FEET, THENCE EAST 28 FEET, THENCE NORTH 65 FEET,
THENCE WEST 55 FEET, THENCE SOUTH 396 FEET, THENCE
EAST 55 FEET TO THE POINT OF BEGINNING LESS THE
SOUTH 33 FEET THEREOF AS RECORDED IN PLAT BOOK A AT
PAGE 45 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.32 EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT TO RUN
WITH LAND REGARDING ASSESSMENTS FOR A SIDEWALK AND LANDSCAPE
ILLUMINATION SYSTEM EXECUTED BY RUSSELL K. ATTIN AND MYRNA ATTIN -
concerning property as more fully described in Resolution 89-522
("Edward Pent Homestead").
RESOLUTION NO. 89-522
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT
FORMALLY RELEASING AND CANCELLING THAT CERTAIN
AGREEMENT AND COVENANT TO RUN WITH THE LAND WITH
REGARD TO THE ASSESSMENTS FOR A PEDESTRIAN SCALE
SIDEWALK AND LANDSCAPE ILLUMINATION SYSTEM EXECUTED
BY RUSSELL K. ATTIN AND MYRNA ATTIN, HIS WIFE,
CONCERNING THAT PROPERTY DESCRIBED AS BEGINNING AT A
POINT 166.8 FEET WEST OF THE SOUTHEAST CORNER OF
BLOCK 14 OF "EDWARD PENT HOMESTEAD", THENCE NORTH
221 FEET, THENCE WEST 55 FEET, THENCE SOUTH 221
FEET, THENCE EAST 55 FEET, TO THE POINT OF BEGINNING
AS RECORDED IN PLAT BOOK A AT PAGE 45 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.33 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION
AGAINST ALFRED AND MARY LLOYD (d/b/a Alfred Lloyd and Sons) - to recover
Moan funds in connection with the Model City Small Business Development
Pilot Loan Program.
RESOLUTION NO. 89-523
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL
ACTION AGAINST ALFRED AND MARY LLOYD, D/B/A ALFRED
LLOYD & SONS, TO RECOVER LOAN FUNDS IN THE AMOUNT OF
$22,675.54 FROM SAID INDIVIDUALS IN CONJUNCTION WITH
THE MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM, UPON INSTRUCTION FROM THE CITY' MANAGER.
(Here follows body of resolution, omitted here and
on file in the Office of thy: City Clerk.)
11
s
3.35 AMEND RESOLUTION 89-66 CONCERNING THE BANYAN FESTIVAL (conducted by
Coconut Grove Chamber of Commerce) - reflecting requested street
closure.
RESOLUTION NO. 89-525
A RESOLUTION AMENDING SECTION 1 AND SECTION 4 OF
RESOLUTION NO. 89-66, ADOPTED JANUARY 12, 1989,
CONCERNING THE BANYAN FESTIVAL TO BE CONDUCTED BY
THE COCONUT GROVE CHAMBER OF COMMERCE ON OCTOBER 21-
22, 1989, THEREBY REFLECTING STREET CLOSURE FROM
6:00 A.M., SATURDAY, OCTOBER 21, 1989, THROUGH 8:00
P.M., SUNDAY, OCTOBER 22, 1989.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3.36 ACCEPT PLAT: "CELLULAR SUBDIVISION".
RESOLUTION NO. 89-526
A RESOLUTION ACCEPTING THE PLAT ENTITLED "CUELLAR
SUBDIVISION", 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.)
3.37 ACCEPT PLAT: "CASANOVA SUBDIVISION".
RESOLUTION NO. 89-527
A RESOLUTION ACCEPTING THE PLAT ENTITLED "CASANOVA
SUBDIVISION", 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.)
3.38 ACCEPT PLAT: "ARIEL SUBDIVISION".
RESOLUTION NO. 89-528
A RESOLUTION ACCEPTING THE PLAT ENTITLED "ARIEL
SUBDIVISION", 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 r
on file in the Office of the City Clerk.)
16
3.39 AUTHORIZE ADOPTION OF AN ANTIDISPLACEMENT AND RELOCATION ASSISTANCE
PLAN - to assist low/moderate income individuals affected by unsafe
structures demolition.
RESOLUTION NO. 89-529
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO ADOPT AN ANTIDISPLACEMENT AND RELOCATION
ASSISTANCE PLAN IN SUBSTANTIALLY THE ATTACHED FORM,
FOR THE PURPOSE OF ASSISTING LOW/MODERATE INCOME
INDIVIDUALS AFFECTED WHEN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDED ACTIVITIES RESULT IN THE
DEMOLITION OR CONVERSION OF NON DECLARED UNSAFE
OCCUPIED AND VACANT OCCUPIABLE LOW/MODERATE INCOME
DWELLING UNITS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4. DIRECT MANAGER TO PLACE OUT FOR BID PROPOSED PURCHASE OF TEN "CANON 650
EOS" CAMERAS - for Police Department.
Mayor Suarez: Commissioner Plummer, do you wanted clarifications or whatever
on item 6?
Mr. Plummer: On item 6, Mr. Mayor, I just don't understand why we are paying
$850 for a camera and we need ten of them in the Police Department? I need
somebody to give me a justification. I just... we can just carry it over to
the next meeting as far as I am concerned and they can give me something to
back up in writing, but it just seems like to me it is an overkill.
Mayor Suarez: Major Harrison, or somebody.
Major Ken Harrison: Commissioner, basically- that is for the SIS (Special
Investigation Section).
Mr. Plummer: Kenny, I don't care what it's for, I just don't know why you
need ten of them. I mean, you know, they are the cheaper by the dozen, is
that the answer?
Mr. Harrison: No, I have only have three operable cameras to use and I have
33 people.
Mr. Plummer: Hey, I am not worried about spies, OK? - but you know you are
going for $850 per camera.
INAUDIBLE BACKGROUND C014MENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, you got taken.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: This is to go to bid, is that correct?
Mr. Harrison: This went to bid, this was it. My understanding is it has
already been through budgets, the request we made, right?
Mr.
Plummer:
Mr.
Harrison:
Mr.
Plummer:
Mr.
Harrison:
Mr.
Plummer:
camera?
No, that's not my understanding.
I'm sorry, it is authorization to go to bid, yes.
To go to bid.
To go to bid.
17 Juice 7 '19 9 : s
g
q Y
Mr. Harrison: This is the camera that's most adaptable to the type of work we
do. I can use the most lenses and it is most stable and self adjusting.
Mr. Odio: Commissioner, one zoom lens costs $300, the lens alone, without the
body.
Mr. Plummer: But Cesar, my point is, you are buying ten complete setups and I
don't know why you need ten.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: But that, just because they tell you, if they've told you 200,
would you have bought that?
Mr. Odio: But I am not a spy. They are. They know how many people have to
have cameras. I don't know.
Mayor Suarez: Let the record reflect that he means officers involved in
surveillance, not spies.
Mr. Harrison: That's correct. What we are establishing is, we've going to
have ten surveillance kits for 33 people.
Mayor Suarez: We have no spies in the City of Miami.
Mr. Harrison: As it is now, we have three cameras that are operable. I have
33 people doing surveillance work in various types of investigations.
Mayor Suarez: These would be shared among 30 officers?
Mr. Harrison: 34 people, yes, sir.
Mr. Plummer: And they've survived with three for quite a while.
Mr. Harrison: Well, we haven't survived very well, Commissioner.
Mayor Suarez: I know there was a time where even the film was difficult to
obtain for you, remember that, a couple years ago?
Mr. Harrison: Yes, sir. At one time we didn't get... we weren't able to
purchase much equipment.
Mayor Suarez: You are not going to use any of these to take any photographs
of Commissioners going in and out of different places, are you?
Mr. Plummer: I sure hope he is. Well, let's just put it over until the next
meeting.
Mr. Dawkins: You move to continue this to the next meeting?
Mr. Plummer: Yes, I'm going to look at and see why this particular camera and
why this amount of them.
Lt. Longueira: Commissioner, this authorization to go to bid, we've still got
to come back to accept to accept bide and everything, so if you all allow us
to go to bids, we'll respond in the meantime.
Mr. Dawkins: No, I am telling about me, now. I'm just telling for me, OK?
Mr. Plummer: All right, let me talk about me. If we are just going to get
the bids, that's fine. Let's talk about, then we can cut down, hopefully, the
number of them.
Mayor Suarez: Let's get the bids going, at least. We have to defer to the
judgment of somebody on these items that are technical, so at least let's get
that going. That's not the way the item reads, by the way; Lieutenant. It
reads as if the purchase is going to be done.
Mr. Odio: It reads authorizing the purchase.
Mayor Suarez: Give us at least a cost comparison by looking at other.
possibilities.
Mr. Dawkins: But you see, you are talking about the least cost comparison and
the man who has to work with the camera is not giving you what he wants to
work with. I mean, you know I can understand all of this, but if you got a
man out here still sacrificing his life and all of this, and we are going to
tell him that we want him to buy a micky mouse camera because it costs $3.00
less than what he wants. I mean, that doesn't make sense to me now.
Mr. Odio: By the way, this item the way it is written, is the authorization
to purchase. It doesn't mean we come back, so you have to...
Mayor Suarez: Commissioners, yes, we have a policy decision to make here on
whether we defer to the judgment of the Manager and the Department and get
them the equipment that they claim that they need, or whether we look around
for alternative costs and I...
Mr. Plummer: You've not even gone to bidding yet.
Mayor Suarez: It's an $8,350 item. All the Manager had to do is buy five
first and then come back with another five, it would have never even come
before the Commission.
Mr. Plummer: But has this gone to bid? It's not even.gone to bid.
Mr. Dawkins: Well, what is the argument?
Mayor Suarez: They are telling us, I guess, you are telling us that it
doesn't have to go out to bid. Is that what you are telling us?
Mr. Odio: That's correct, it doesn't.
Mayor Suarez: Right, that this is, you know, in the law, we would call this
de minimis, I mean we are trying...
Mr. Ron Williams: Mr. Mayor, I think your argument...
Mayor Suarez: ... to deal with $250,000,000 budget, we can't argue about we
need $350 for cameras, that are obviously good cameras and are...
Mr. Williams: You are authorizing...
� -1
Mr. Fernandez: You are not.
Lt. Longueira: You're not.
•
Mr. Plummer: Then bring the bid back and we'll look at them.
Lt. Longueira: Right, we need authorization to go out, because when we go to
bid, we have...
Mr. Plummer: And I said that was fine with me.
Lt. Longueira: OK, fine.
Mr. Plummer: Let's go to bid.
Mayor Suarez: Mr. City Attorney, before we vote, do we have to, or do we not
have to go out to bid on this purchase?
Mr. Fernandez: Yes you do, if the amount exceeds $4,500, you have to go out
to bid.
Mayor Suarez: Well, then there is nothing to argue about.
Mr. Dawkins: Say what now?
Mr. Fernandezt I£ the amount exceeds $4,500, you have to go to bids.
Mr. Dawkins: So why doesn't the Manager buy five and then buy five more?
mean, now come on, give me a break!
Lt. Longueira: Commissioner, you can't do that.
Mr. Plummer: Well, yes, that's fine...
Mr. Dawkins: Why can't you?
Mr. Plummer: you know, and then every item that comes before us, let the
Manager do that and then we don't have to act on anything.
Mayor Suarez: OK, I entertain` a motion that we get the bids and otherwise
authorize up to $8,350 for the purchase, but subject to 'final Commission
approval of the selection.
Mr. Plummer: That's fine, I so move.
Mr. Dawkins: Second.
Mayor Suarez: Seconded, any discussion? Call the roll.
The following motion was introduced by Commissioner Plumme
its adoption:
MOTION NO. 89-530
AWL
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor be Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
S. ALLOCATE FUNDS FOR PURCHASE OF EXERCISE EQUIPMENT AND RENOVATION OF
POLICE DEPARTMENT GYMNASIUM.
Mayor Suarez: Item CA-7. Commissioner Plummer, you wanted clarification.
Mr. Plummer: I'm concerned, Joe, I'm concerned about spending $85,000 for a
gymnasium when the Fire Department has one of the best gyms in the world, why
are we duplicating it so that the Fire Department can have theirs and the
Police Department can have theirs. Next, Parks and Recreation are going to
want theirs. Why don't we just utilize one, make it the best we got around•
and let them use it, any City employee?
Mr. Odio: Because the policemen use them when they are over in the Police
Building and it would take hours to get over here and back.
Mr. Plummer: Oh, don't give me that, Cesar. You're telling me it is going to
take hours to get to the Police Station to the Fire College?
Mr. Odio: J.L., I mean, by the time you get...
Mr. Plummer: Hey, Cesar, you want to waste $85,000, you go ahead and waste
it.
Mr. Odio: I recommend this item.
Mr. Plummer: I am telling you that in my estimation, $85,000 is a lot of
money to duplicate the system that we already have, which is a better system,
on top of the Fire Department. Why not take a few more dollars and make it
the best that we've got around and let any City employee use it? Hey, you
know...
Mr. De Yurre: We can put it in the youth center.
Mr. Odio: We already have a gym at the Police Department. This is just to...
Mr. Plummer: Yes, $85,000 worths
Mr. Odio: No, we already have one. What this is doing is upgrading the
gymnasium. The police officers have to stay in shape, they cannot... it, is
not feasible for them to drive all the way to Coconut Grove.
Mr.
Plummer:
Cesar, you answer to the taxpayers in November, OK? I am not
spending
$85,000 to duplicate another thing.
Mr.
Odio: By
the way, this is not...
Mr.
Plummer:
To me it is not justified money.
Mr.
Odio: Just for the record, this is not
taxpayer's money, this is drug
monies
that we recouped.
Mr.
Plummer:
Is -it a different color?
Mr.
Odio: It
is green, but I will tell you,
it is money I wish we had a lot
more
from:
Mr. _Plummer:
Oh, so do I!
fI
Ju 7 t
i
t
Mrs. Kennedy:
equipment?
Is the whole amount going towards the purchase of exercise = _
Lt. Longueira: No, also upgraded...
Mr. Odio: Upgraded...
Lt. Longueira: Improvements in the gym.
Mr. Plummer: They sit around for three years and don't even upgrane cne
shooting range...
Mr. Odio: We're doing that now.
Mr. Plummer: Yes, you sat around for three years, because you didn't have the
money. Now, suddenly for a gym, you find the money. That makes sense; to me!
Mayor Suarez: Let the citizens of Miami be aware of the discussion which
reflects the priorities of the City in terms of physical fitness equipment,
where the firefighters and the Fire Department has much better equipment than
the Police Department. We would like to redress that with this item and start
making the police, having available to the police better equipment so that
they can do their job, which I think infinitely more dangerous and more
important to the citizens of our City.
Mr. Plummer: Mr. Mayor, that's not the question. The question is...
Mayor Suarez: No, and I'm no quarreling with your point, either. I am just
saying that this is a matter of...
Mr. Plummer: The question is, you have one of the finest gymnasiums in this
City on top the Fire College, that to take and spend another $85,000 to put it
down in the police station just so they can say they have their own, the next
thing they are going to want is in the substations, you know, and the next
thing you are going to know, it's...
Mayor Suarez: Oh, by the way on that, that is an interesting point, in the
substations of the City, I hope that the police do as the firefighters have
done, I give them credit on that item, which is that they bring their own
equipment and set up their own little room, and they have it at almost every
fire station in the City.
Major Ivan Fernandez: Mr. Mayor, may I speak to this issue, please?
Mayor Suarez: At your own risk, Major, go ahead.
Major Fernandez: Major Ivan Fernandez. I just wanted to say a little bit
about why we are doing this. We don't want to just buy equipment for police
officers per se. We want to development a wellness program within the Police
Department. Nationwide, police departments are going to wellness programs.
We've shown or studies of those programs have shown a reduction in sick time,
heart attacks, the ability to perform their functions more effectively. We
want to develop a program within our department and make it so, that it can
readily be used by police officers, either going right to work or coming right
off the street without making it more difficult in having them have to ,go
another facility to do it.
Mr. Plummer: You are talking about...
Major Fernandez: I think we can do that here and I think we can do that
effectively and the equipment that we need is so that we can create multi -
phasic workout programs.
Mayor Suarez: Multi...?
Major Fernandez: Multi -phasic, utilizing free weights, utilizing Nautilus_
type machines and utilizing aerobia type machines. We want to create..'. -
Mayor Suarez: These are going to be more universal participation, or is this
just going to be for the guy who has nothingf to do but pump iron? I" mean
'T
we've going to get everybody involved somehow? - and if so, 'what 'inducements
Y
do you have to get every officer to be in this wellness program :as..you. call
r
it?
22
,
LJ
Major Fernandez: Well, the wellness program is starting out. They have some
programs work very quickly.
Mr. Plummer: And may I ask if it is mandatory?
Mrs. Kennedy: Yes, please describe the wellness program.
Major Fernandez: Some wellness programs briefly work by creati
standards that officers must adhere to In terms of physical fi
every six months of every year. Some programs make available on
limited quantities, in conjunction with off -duty time so that
workout can be beneficial and can actually create a good status
fitness. These programs are based on testing and qualificatio
_ officers on a yearly or semiannual basic. Through these progr
achieve a better level of fitness for the entire department.
equipment itself is meant so that we can bring everyone into the gy
ng specific
tness, like
duty time in
a physical
of physical
n of police
ams, we can
Now, the
M.
Mayor Suarez: What kinds of criteria are going to be put in place,
physical fitness?
Major Fernandez:
to be arbitrary.
Police Department.
as to -
Well, we are studying those criteria now. We don't want it
We want to put something together that works for the Miami
We don't want to just say something that has...
Mayor Suarez: Are you going to use Lt. Longueira as your example of physical
wellness and...
Major Fernandez: I'll probably use one of the other members of the department
or at least a few of them. One of the ways of doing it is just like we've
done for SWAT. We get a group of people together, they run through tests. We
come up with an average for our department and that's the criteria we can use.
Mr. Plummer: Is the program mandatory?
Major Fernandez: Not yet, it can be and in my opinion, it should be. It
should be mandatory, but phased in.
Mr. Plummer: It's not. You are telling me that under no circumstances that
kind of program should not be run in one of the finest facilities in this
City. Is that what you are telling me?
Mayor Fernandez: I'm telling you that it will work better within our
department.
Mr. Plummer: Answer my question. My question is, you are telling me that
at
program cannot be run in one of the finest facilities in this City.
Major Fernandez: I don't think that it can be run in
another facility and I
will tell you why. I'll tell you why, because
V
it would mean reduction in
street time. We don't want to reduce the street
time for
officers. We want to
keep them in the street as much as possible. We
want
to bring them into the
station and put them right to work and put them
right
back out on the street
where they belong. We want to do this program right
in
our station.
i,
Mr. Plummer: flow do you relate to the program?
develop on down the line, but the equipment is essential so that we can get to
work on it.
Mr. Plummer: Hey, I've made my point. I am not voting for it. I think it is
a waste of money, it is a duplication of what we already have in a very fine
facility. My colleagues want to vote for it, that's theirs.
f
Mrs. Kennedy: Major, just for the record, what does a commander of a
gymnasium do?
Major Fernandez: There is no commander of the gymnasium. I'm saying it is
under my command and my command is the property resource management section.
I am responsible for the gymnasium. There is no commander. I have one
e
limited duty person helping out with the gymnasium right now, that's all, one.
Mayor Suarez: Yes, really, it's a whole different kind of usage. I would
suspect that 90 percent of the usage of the physical fitness equipment by -_
" firefighters done on duty and quite easily on duty, because you know, they
have the time and they even drive their trucks, I think a lot of times when
they go running and stuff and I think for a police officer logistically it
will be very difficult to do that, but I kind of share the inclination of
Commissioner Plummer that maybe, you know, an expenditure of this sort and a
program of this sort ought to be coupled with mandatory criteria of some sort.
At least the people make an advance towards those. We've seen a few police
officers out there, you know, that don't look like they are in the best kind
of shape possible.
Major Fernandez: And I agree. One of the members of our committee is the vice _-
president of FOP (Fraternal Order of Police) and we expect to make the program.
mandatory in a phased in fashion within four to six years.
• Mayor Suarez: Who is that, the vice president of the FOP?
Major Fernandez: V. J. Smith.
Mayor Suarez: What are you going to do with the item, Commissioners?
Mr. De Yurre: I'll move it.
Mayor Suarez: Moved.
Mrs. Kennedy: I'm going to second.
E
a
Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-531
s
A RESOLUTION APPROPRIATING FUNDS FOR THE PURCHASE OF
EXERCISE EQUIPMENT AND THE RENOVATION OF THE POLICE
DEPARTMENT GYMNASIUM, AS PART OF A POLICE WELLNESS
PROGRAM, AT AN APPROXIMATE COST OF $85,000, FUNDING TO
BE FROM THE LAW ENFORCEMENT TRUST FUND, UPON SUCH
COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
Mayor Suarez: Item 9. Commissioner Dawkins, you want a clarification?
Mr. Dawkins: How is...
Mr. Plummer: That's Mary Lichtenstein's.
Mayor. Suarez: Oh, Mary, I'm sorry, and Commissioner Dawkins.
Mr. Dawkins: No, that's all right, I did too. First I need to know...
Mayor Suarez: That's a wise idea.
Mr. Dawkins: ... what is the balance of money in the account, Special
Programs and Contingency Fund? Give me a fund balance, because every time I
look, I keep seeing things funded from this that we are told, well, we have no
money, so I need to know today what is the balance so that I can kind of refer
some of my friends to this fund.
Mr. Odio: I'll have to get back.. Special Programs and .Accounts?
Mr. Dawkins: Yes.
Mr. Odio: I'll get back to you on that.
Mr. Dawkins: All right, before the end of the day, sir. That's all, thank
you. -
Ms. Mary Lichtenstein: I'm Mary Lichtenstein, I live 888 NE 71st Street,
Miami, and Commissioner Dawkins to go along with what you're saying, it is my
understanding that some.of the.people who have applied for barricades in their
neighborhoods are financing their own barricades and I am here to •say that I
wish with a number of my neighbors, I have about 150 letters that substantiate
what I am saying. I€ the people want barricades, they can pay for them
themselves. I don't see that we should disburse funds in one section of the
City and not in another section and I think they should all pay for them,'
temporary, permanent, whatever. If it is $100,000, they can raise the money.
I understand some of the neighborhoods have. I am against barricades, I do
not think they help anything, anywhere, anytime and that's my request and
my... for consideration of the Commission this morning.
Mr. Dawkins: Well, I agree with you because I told everybody at our last
Commission meeting who were in here, asking for barricades, that I am in favor s
of barricades, because we gave one. If we had never given one, I wouldn't
feel obliged to give any? But since we did give one, I think that anybody who
wants theca should have them, but they should pay for them. I share your
sentiments. Now that is my... that is just the way I feel. `
d
Mr. Plummer: Well, Mary, to the City, money means nothing. it is just papert
Ms. Lichtenstein: Well, it does to you, J.L. and it does to me and it sloes
for what it is going to do and it is going to barricade my neighborhood.
Mr. Plummer: That issue has been decided, Mary.
Mayor Suarez: OK, that issue has been debated. Now we are on the issue of
who pays, and frankly, we did establish a policy, on 27th Avenue, that the
people proposing these barricades will have to pay for them. On the other
hand, I am concerned about your question, right, for permanent, I am concerned
about your question, why can't we use the existing ones that are about to be
removed from 27th? The answer is yes, why don't we just pass on this item, I
mean act like, avoid the item, like table, postpone, defer, eliminate,
whatever the term is.
Ms. Lichtenstein: Fine, I like your last remark.
Mayor Suarez: Bye. Thank you for your input. It is up to the Commission now
to act. Commissioner, in view of what we were just told by the Public Works
Director, would you put that on the record, you can use those? OK, there is
no need to spend $5,000, there is $5,000 saved.
Mr. Plummer: Well, I think legally, don't we have to deny the item, legally?
Mr. Fernandez: It can be withdrawn. It could be...
Mr. Plummer: No handling, and we withdraw the item? So then we are legal.
Mayor Suarez: The item is withdrawn.
(THEREUPON THE ITEM WAS WITHDRAWN)
7. (A) DIRECT ADMINISTRATION TO REBID PURCHASE OF AERIAL BUCKET TRUCK FOR
TREE TRIMMING - for Department of GSA/Fleet Management Division.
(B) COMMISSIONER PLUMMER EXPRESSES CITYWIDE NEED FOR TREE TRIMMING
requests Public Works Department to report as to why so many City lights.
are presently hidden among trees.
Mayor Suarez: Item 10, Commissioner Dawkins wanted clarification.
Mr. Dawkins: Mr. Williams, why are we, after begging us to purchase vehicles
locally, why are we going to Bartow to buy vehicles?
Mr. Ron Williams: Two reasons, Commissioner. The company, Bartow provided us
with the best price and essentially they provided equipment that we
essentially needed. We have been very concerned in working in terms of trying
to get local vendors involved. If you will notice, from my bid list, we sent
out our bid package to a lot of vendors, but this response appears to be in
the best interest of the City.
Mayor Suarez: OK, let me just mathematically pursue this. Did we give this
non -local bidder, did we give the local bidders the preference that I think we
passed by ordinance, in fact by Charter amendment? Wasn't it supposed to five
percent?
Mr. Dawkins: Yes, within. I was going to ask if they were within.
Mayor Suarez: OK.
Mr. Williams: I'am advised by the procurement staff, Mr'. Mayor,; that no local
vendors responded.
'gam
Mayor Suarez: Not a single local......
Mr. Dawkins: OK,- all right now, what's so special about this vehicle` that
number one, no local vendors responded and that this is the,only place we can
find it. What does it do?
26 ,iu7, " 1989
y
Mr. Williams: I don't think there is anything absolutely special about it,
Commissioner, I do know that local vendors in some cases do not choose to
bid, for their own particular reasons. Local vendors also try to bid on some
of our other projects or products. Essentially, this is a one unit bid and it
may not have been in the best interests of those local vendors to submit a
response.
Mr. Dawkins: Would you say that it is a possibility that the specs were so
written that only this individual could meet them so therefore no one would
respond? Is that maybe a possibility?
Mr. Williams: No sir, that's not possible.
Mr.- Dawkins: Well, why... well, Mr. Williams, I got a problem with spending
$38,000 outside of Dade County, I got a serious problem with it, me.
Mr. Williams: Commissioner, you've raised that issue with this and of course,
as you will notice, we have tried to, you know, completely cover the local
market and try and solicit responses from our local vendors. I this case we
were not able to provide it, Again, I think the single unit issue may have
been there. You will notice that when we put out our bids for multiple units,
i.e., cars, motors or something of that nature, we usually do get responses
from local vendors and we have subsequently made those awards.
Mr. Dawkins: Out of all the Ford distributorships in Dade County, not a one
of them responded, on a Ford Motor truck.
Mr. Williams: Well, the chassis is one part of this piece of equipment. As
you'll notice, it is an aerial bucket truck and you know, they may not have
been able to combine with the appropriate company that could provide them with
the aerial devices and therefore cannot get a price that would be competitive.
Mr. Dawkins: I move that they go back out again and let's try again.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. What is the equipment needed for?
Mr. Williams: The tree trimming in the Public Works Department.
Mayor Suarez: Any questions from the Commission?
Mr. Plummer: Mr. Manager, I just want to tell you, I get on this about every
two years, to try to get Florida Power and Light. About half of the street
lights in this community are hidden in trees and you might as well turn them
off, as you can't even see the damn things. You know, I know you have that
three percent factor on street lights, if they are not working, that you get
somebody out there to work on them. The one outside of my house, they have
been working on now for six months and they can't get it to keep from going on
and off, but I tell you, street lights we pay so much per day whether they are
on or off, and half of them are in trees, you can't even find the damn things,
so something is going to have to be done about it, because we are wasting an
awful lot of money.
4}:"
■.. ;
AYES: Commissioner
J. L. Plummer, Jr.
Commissioner
Rosario Kennedy
Commissioner
Millet` J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier
L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: That's to go out to rebiding, yes.
-------------------- ----------------------------------------------------------
8. EXECUTE AGREEMENT WITH DELOITTE HASKINS AND SELLS (Certified Public
Accountants) - in association with Sharpton, Brunson & Company, PA,
Verdeja, Irlondo & Gravier, CPA's and Watson & Company, - for external
s auditing services for fiscal year ending September 30, 1989.
------------------------------------------------------------------------------
Mr. Dawkins: I pulled 29, Mr. Mayor.
Mayor Suarez: Commissioner Dawkins, item 29, you had a clarification,
question, discussion?
Mr. Dawkins: Mr. Manager, the language is confusing, and I just pulled this
to get it cleared up. When you read the item, it says that these two firms
worked through September 30, 1989, when I was told my Mr. Mano Surana that
what it means is that they worked past September, but they do the audit for
the year ending September, 1989 and it doesn't read like that. Let's clarify
that the work and the compensation is for the fiscal year that we are thinking
it is. Sometimes the work does go beyond the fiscal year in question, I would
expect that.
--_�--� Mr. Odio: It is to audit the fiscal year.
AN
Mr. Dawkins: What?
Mr. Odio: The contract is to audit our fiscal year.
Mr. Dawkins: Yes, but the way it reads to me, it says that on September 30th,
by reading what you are reading there, that the contract with these auditing
firms ceases.
Mr. Odio: I see.
Mr. Dawkins: Just change the wording. There is nothing wrong with it, just
change the wording to say what we mean.
Mayor Suarez: Yes, be clear on what fiscal year we are talking about and that
it doesn't go beyond that, although the work might go beyond a particular
fiscal year, but not the compensation.
Mr. Dawkins: So moved.
Mayor Suarez: Moved,
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-533
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE
FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND DELOITTE
HASKINS AND SELLS, CERTIFIED PUBLIC ACCOUNTANTS, IN
ASSOCIATION WITH SHARPTON, BRUNSON & COMPANY, P,A.,
VERDEJA, IRIONDO & GRAVIER, CPAS AND WATSON & COMPANY,
FOR EXTERNAL AUDITING SERVICES FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1989, WITH FUNDS IN AN AMOUNT NOT
TO EXCEED $295,000 THEREFOR ALLOCATED FRO SPECIAL
PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------- ------------------------- -------------------------------------------
9. DIRECT MANAGER TO ENGAGE IN COMPETITIVE NEGOTIATIONS WITH COMPANIES
OTHER THAN SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY - regarding
proposed implementation of Citywide sidewalk telephone program.
-------------------------------------------------------------------------------
Mayor Suarez: Item 30. Mr. Manager and Madam Clerk, I'd like to introduce
into the record a letter I just happened to look at this morning, dated June
6th from Luis Sabines of the Latin Chamber of Commerce. The basic point on
this item, which I'm told that Southern Bell is the contracting party with the
City and I am told that the reason... well, the basic point of this letter
seems to be that smaller entities or contractors, or potential contractors are
not included in this effort to provide 50 new public pay phones and I just
want to introduce this letter into the record. I am told by Southern Bell and
I see that they have representatives here, and I think Ron is getting ready to
explain to us that we are getting these 50 public pay phones at a lower rate
from Southern Bell because they are piggybacking, or we are piggybacking, or
we are both mutually piggybacking on an existing contract that Miami Beach...
Mr. Odio: These phones are at no cost to the
City whatsoever, no cost to the
g
City, yet it
will provide to us $157,000 in
revenues. We have to pay zero
dollars.
Mayor Suarez:
OK, now, when you say no cost to
the City to...
Mr. Odio: We
have to pay zero dollars to put
them out.
Mayor Suarez:
Does that mean that there is
no cost for the installation of
the public pay phones and also no contractual
obligations for us?
-
Mr. Odio: None, except that we get paid.
x_
Mr. Plummer:
Is that a minimum guarantee?
>�
Mr. Odio: It
is a percentage based on .:...
Mr. Plummer:
Is that a minimum guarantee?
29
Ju►ne 7, 1989
,
Mr. Williams: It's a very conservative projection, Commissioner.
Mr. Plummer: is it a minimum guarantee?
Mr. Williams: No, it's not.
Mr. Plummer: Well, that doesn't mean anything, then. That's a projection.
Mr. Williams: Yes, but it is very close based on what we are doing,
Commissioner. We have a pretty good deal.
Mayor Suarez: Well, just an estimate. Let's just agree that it is an
estimate. Let's not argue whether it will be in fact. --
Mr. Plummer: Well, but what I am saying, Mr. Mayor is, if you have a private
company that wants to come in and make that a minimum guarantee, you can have
something to compare it to. Right now...
Mayor Suarez: That's the problem. Even though it is free installation, it is
just like the bus shelters. I mean, there may be other companies that say,
we'll install it too, but we'd like to participate in the bidding process, we
might be able to give you more of a return.
Mr. Plummer: And a guaranteed return!
Mayor Suarez: Yes.
Mr. Williams: Mr. Mayor, let me respond by saying this. This request that we
have before you, is not an all exclusive request. We are not in any way,
asking you to exclude others from participating in the pay -phone program
within the City of Miami.
Mayor Suarez:
Other companies can put another pay phone right neat to the
Southern Bell
one.
Mr. Williams:
Absolutely. Matter of fact...
Mayor Suarez:
But it would not be in your interest to do that because you can
lose the value
of that location.
Mr. Plummer:
What is the minimum guaranteed return to the City?
Mr. Williams:
Twelve percent and six percent.
Mr. Plummer:
Of what?
No, no, no. c_
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer:
Of what? If the pay phone is like half of the pay. phones in
this town are
broken and you can't use them, 12 percent of nothing is nothing!
Mr. Williams:
Commissioner., that is absolutely correct, but in this agreement
that...
Mr. Plummer: No, no, i... hey, listen...
Mayor Suarez: We all mathematically agree, 12 percent of nothing is nothing.
Mr. Plummer: Look, all I am saying to you is, give me a minimum guaranteed
return to the City. If not, some other company might want to come in there
and put them, and then I don't want yours next, I want that one to be used
because we are getting a guarantee.
Ms. Karen Garcia: Commissioner Plummer, my name is Karen Garcia, I'm an
account manager from Southern Bell. That's exactly the point on why Southernr
Bell we feel should be the vendor that you choose to go and implement,',this
City sidewalk program that we suggested. Our phones, we have reliable
service, we have techs out there that maintain the phones, we have, accounting F-
�.
and collection that report phones out of service. Part of the proposal that
}: we made identified about 150 locations where we wanted to 'go in and install
I ew public telephones. The reason that .there is no minimum guarantee on the
a revenue is because those phones are not in place yet, and they haven't been
�7-
Fz-
,:. 30 Jude 7 i9
h-
t f{y
1
Installed. Now, just looking at the phones that you already have in place, wa
projected 133 percent guaranteed increase over the commissions you were paid
last year, based on what you paid last year. That's on the existing phones
throughout the City, but again, let's focus on service, but as you said, the
phones are there for your constituents. If they are -not working, they are no
good, it doesn't make any difference what percentage you are getting.
Mr. Plummer: Except for the fact that your phone is along side of a private
phone, and they use your phone, we have no minimum guarantee where we could a
minimum guarantee from someone else, that's all I am saying. Give us a
minimum guaranteed return to the City and we have something to compare to.
Right now all I got is a percentage number of nothing.
Mr. Williams: Commissioner, what I would like to propose in the request that
this be approved, is that we allow other companies, and Southern Bell has
agreed to this, to participate in the City's sidewalk program, co -locate,
whatever we want.
Mr. Plummer: Ron... I
Mr. Williams: Let me finish, Commissioner, pleases But, just ask that
company to provide the same level of return to the City and the same level of
service. We have no problem with that. As a matter of fact, that would
enhance the program and increase, hopefully, twofold, the revenues returned to
the City, so this is not an attempt to exclude anyone at all. This an attempt
to say to you that we have worked out an arrangement that substantially
increases the revenue to the City of Miami. We've worked it out in accordance
with our sister across the bridge, Miami Beach and we think that this. We
guarantee at this point, there is going to be a substantial revenue increase.
All we are saying is,..
Mayor Suarez: Ron, why wouldn't have specified the parameters that the
Commissioner is suggesting and the locations or the number of locations, if
not the specific location and then allow any entity to come in and say what
they would give us by way of return.
Mr. Plummer: Exactly.
Mrs. Kennedy: Yes, I would like this Commission to have a say as far as the
locations where these will be installed.
Ms. Garcia: Absolutely.
Mr. Williams: Absolutely, as a matter of fact, we request that you would
provide locations that you may or may not be interested in having phones. We
provided basically a basic core of phones. We would expect that this program
would grow. One of the things that we in GSA, Commissioners, are very
concerned about, and I've made it very clear to Southern bell, is that they've
abandoned the neighborhoods. I go into some neighborhoods and I am sure you
all have in this City and you cannot find a pay phone and they...
Mayor Suarez: Are these 50 locations already predetermined?
Mr. Williams: These have been suggested, we...
Mayor Suarez: By whom?
Mr, Plummer: Sure, -they are using City property.
Mayor Suarez: And I just don't see how we can go with one pre -selected.
=�
Ms. Garcia: Mayor Suarez, there are two more points I'd like to make, is one,
when City of Miami Beach did the bid, every vendor had the opportunity to
respond to that bid.
Mayor Suareze And we want to do the same thing.
Ms. Garcia: And the second...
Mr. Plummer: Maybe we won't get a guarantee from any company, but we will
never know if we don't ask.
Ms. Garcia: And that is the other point that I wanted to make, is that you
are assuming that you will get guaranteed minimums on each phone, which
means...
Mr. Plummer: I am assuming nothing at this point, because we have nothing to
compare to.
Mayor Suarez: Yes, some of them might jut give a little percentage return. I
don't about guaranteed minimums, but... well, unless they go to a really low
guarantee, you know.
Mr. Williams: That is what I'm saying, Mr. Mayor, fine, there is no
exclusivity being requested here. We can ask anybody in addition to Southern
Bell to come in and provide...
Mayor Suarez: Yes, but once you have given a location to Southern Bell, they
have the head start.
Mr. Williamst But they don't... we are not giving exclusive locations. They
can co -locate right next to a Southern Bell phone, that's not a problem.
Mr. Plummer: I'll bet you money they've got the lbo c oice locations.
Mr. Williams: No, Commissioner, we can adjust that if we neo_ to. The point
that, I'm making to you is. that sure, Fir.. Mayor, you use,$ the term, cooked
deal..It may have been a cooked deal from the angle that wt•received last year
$18,000 from the pay phones in pay phone r9venue throughout the City. I am
telling you that in the year coming, we are going to receive in excess of
$150,000.
Mayor Suarez: And all it shows is that we should have done this whole process
before. We should have...
Mr. Williams: That's why we are trying to move it forward. What I would like
to do is...
Mr. Plummer: I'll.make a motion that the...
Mr: Odio: There is no expedited RF'P, Mr. Mayor. There is only one way we can
do RFP's and we will be talking about this six months from now while we are
-
losing all these revenues.
Mr. Plummer: Well, why are you waiting up until today to bring it up here?
Mayor Suarez: If we could have done it the ay we were ready to do it, then
you are considering the opposite extreme of the formal motion of a formal REP,
which might take six months, why can't we go to an expedited process...T
Mr. Plummer: I will withdraw the portion of the REP and go out to bidding,
OKT
Mr. Odio: Can I ask something?
Mayor Suarez: Otherwise, look at alternative bids for the next 30 days and
come back for a final determination a month from now.
Mr. Odio: Why can't we take their money now and if we get better bids, we can
always do something else, but take their money now.
=-
Mr. Plummer: We're taking their money now, anyhow, right?
Mr. Odio: No, we are nott
Mr. Williams: No, we are not, gentlemen.
Mayor Suarez: OK, what you are saying is, now let's go to a sort of a pilot
program, but then, if you are going to do that, what are their rights 30 days
`
from now?
Mr. Odio: We are not giving them exclusivity.
Mayor Suarez: What are their rights 30 days from now? Ron, please. Now,
Fernando, you are an interested party in this?
Mr. Odio: We will put another telephone next to theirs.
rMayor.
Suarez: What are their vested... can we 30 days from now, say, by the
=
way, we've got somebody who will give us a little better return in that very
--
location, so bye bye?
Mr. Odio: I don't know about that. I don't know if we can do it.
Mayor Suarez: So they have some exclusivity. I mean, they have some vested
rights and I am saying, if you want to do a pilot program, that's one way, the
_
Commission might want to follow that for X number of months, to see what it
brings in and they were the ones that worked with us, they were the ones that
produced it, that is a policy question. If not, let's dust, for 30 days take
_
any other proposal, based on the same parameters of theirs and see if... and
you can negotiate a better deal, that's all, Ron.
competition. Competition is usually good strength to get a better deal for
the City. They are using City property.
Mr. Williams: Commissioner, that is exactly what we want. You got now phones
all over the City, of which we are not getting one nickel of revenue for, all
over this place. People pop them up wherever they, want to pop them up and
what we are asking you to...
Mr. Plummer: Not on City property.
Mr. Williams: Some of it, Commissioner...
Mr. Plummer: Remove them.
Mr. Williams: Well, my point to you is that we want to establish a sidewalk
program that you can control from this Commission, that you can determine not
only who provides telephones, but where and how they are serviced. We are
saying that we've got a revenue base here that we can put into service right
now and that if any other company that is in this business wants to come in,
match, or improve upon that revenue and quality of service, we more than --
welcome it. And in going back to the Mayor's point, I think we've got a real --
issue of competition here. If this company is saying they are not opposed to
co -location, I think we've got a real issue of competition!
Mayor Suarez: How many months do they have a right to be there without being
asked to be removed under the proposed contract?
Mr. Williams: We are asking you to approve a long term five year contract,
Mr. Mayor. However, this Commission, as you have in the past, can within 60
days, 90 days, whatever is reasonable notice, remove anybody from City
property.
Mayor Suarez: See, the parameters, we've got to quit... Mr. Manager, I have
to tell you this, we've got quit proposing things that are contradictory in
their own terms. Either we've got a five year contract, or we've got a one
year contract, or we've got a 60 day contract. If you have a five year
contract, but you can cancel it after 60 days without any penalties, then you
have a 60 day contract. For God's sake, I hope the City Attorney works with
you on some of these so that we can clarify for this Commission what we are
acting on. To be told that you have a five year agreement, but of.cour6e the
Commission can cancel within 60 days for no cause, makes absolutely no sense
in contract law. Now...
Mr. Fernandez: That is not the case here.
Mr. Williams: Yes, Mr. Mayor, that usually relates to funding out clauses,
wherein we as government, have, you know... -
Mayor Suarez: We do if we have some kind of a cause for cancelling and so on,
but that's not what I am talking about. I'm talking about a five year
agreement, it is enforceable as a five year agreement. I can tell you right
now there is no way I'm going to vote for a five year agreement that has a
vested right for them to be at a particular location, whether others can come
next to them or not, without looking at other bids. For myself now, the
Commission might act otherwise.
Mrs. Kennedy: Let's give them a one year agreement. I agree that five years
is a long time.
Zi
Mayor Suarez: When you talk about one year, that begins to sound a little bit
like a pilot program and it is better than.what we have been doing, which.I
guess.is nothing.
Mr. Fernando Figueredo: This is Fernando Figueredo, representing Southern
Bell also. We have a considerable investment going in. We can't take just a
f
one year contract. We have tremendous investment and we are going -to have to
-_
go in. Let me just say too, our program is being called,a City sidewalk
program. We are making an investment to go into neighborhoods that right now
don't have public phones. We are going to go into Ovextown,,we are going to
go into Liberty,City, we are going to go into parts of the Grove where-nobpdg
else is to go, we are going to ,go. I addition to that,. �vve ..have made
.going
oomMitment to the City that we are going : to make presentations to community:
34 3UU4 7 . 1989
v.
groups in all these communities so that those phones are considered part of
their ownership, part of their community, so that they will not vandalize
those phones and they will try to take care of those phones. It is well known
that the Southern Bell phone is the best as far as vandalism and maintenabee.
Southern Bell as a company, services and maintains those phonesbetter than
any other company around. As Ron was saying, it doesn't do any good to have
j other phones sitting there if they are not working. You are not going to draw
any revenues from them. This is not an exclusive contract, we are asking you
to let Southern Bell and the City go into a sidewalk program that's going to
benefit the community. It's not just going to be a Southern Bell Revenue
producing project, it is going to be the combination of both.
Mayor Suarez: I don't doubt that after some negotiations we might conclude as
you say, that you are the best. Maybe we would, but I think we have to
negotiate with other companies. 1 can't go with just the one. Commissioner
Dawkins.
Mr. Dawkins: Explain what considerable expenses are. I suggest you stand up
here and tell me that you are going to go to considerable expenses and don't
tell me what you are talking about. I don't know what you are saying.
Mr. Figueredo: Well, we are going to have to make installation of these
phones, that it would require equipment, the equipment installation alone is
going to, be in the hundreds of thousands of dollars. The equipment alone is
going to be in the hundreds of thousands of dollars in some of the locations.
Mr. Dawkins: Tell me why.
Mr. Figueredo: Because we are going to have that expense in the equipment.
Mr. Dawkins: OK, well, what makes it...
Mr. Figueredo: OK, approximately $2,000 per location is our estimate.
Mr. Dawkins: Well, what makes the equipment so expensive?
Mr. Figueredo: Because it is very expensive, high quality equipment, since
taking care of the...
Mr. Dawkins: Didn't you sit in my office and tell me that these phones were
made, you are attempting to make them tamper proof, and that they would not be
easily destroyed and this was causing an additional fund? I don't work for
the Telephone Company, why you got to make me help you?
Ms. Garcia: Commissioner Dawkins, the expenses that we are talking about, the
$2,000 per location includes the expense of the technician .going out,
installing the units, buying the enclosures that won't be vandalized, the sets
that we use, which are not smart sets which are cheaper than what competition
puts in, because they have to have computers in their sets, so our actual sets
are less expensive, but the overhead involved in installing the sets, and all
the other additional expenses that we have to put those there is what
constitutes the.$2,000 per location.
Mr. Plummer: Why are you giving us the different percentage on interstate and
other types of revenue?
Ms. Garcia: OK, because Southern Bell carries the traffic that
we call local
and intra-lata. Anything that goes outside of a geographic boundary
called a
lata is carried by an inner -exchange carrier, like AT&T,
MCI, SPRINT,
whichever vendor you choose and we do don't get that revenue,
that's another
vendor's revenue, so we pay you based on the usage outside the
lata: That's
why there is two different breakdowns on revenue.
Mrs. Kennedy: I think.we all agree, it would be a tremendous
service to the
community. I've had numerous phone calls of people who see muggings and purse
snatchers and they don't have the public phone to call for
help and the
question is the five years and what makes it profitable for you.
Mr. Odio: iLet me clarify something that we were talking about.
Mr. Mayor, we
in fact have followed bids. They went out on bids in Miami Beach and this was
the best deal. that they could find in Miami Beach, so what we are doing is
piggybacking on the beat deal that was done there already.
`a
g? .
35
Jun TR 4���
t
P t'
Mayor Suarez: There is a bit of a problem though, in saying that assume that
another jurisdiction followed all the proper procedures, looked at all the
proper parameters, came to the proper conclusions and that we are going to
defer to another jurisdiction, I mean, it may be different circumstances, it
may be new vendors, it may be, I hate to say it•, but you know, maybe the Miami
Beach Commission didn't act properly in their selection. I presume they did.
I mean, we just cannot... when we piggybacked in the past, it has been because
of something that if we didn't piggyback, no one could compete with it, you
know, we've done that I think in the bonding area a couple of times, in trying
to get lower interest rates. So anyhow, the Commission has a policy decision
to make. Let me just compare it, if I may, for a second, and we are going. to
have a very troublesome issue corning up later on today on the 4400 Biscayne
Boulevard Building. We've been negotiating with on building, in effect, we
changed the parameters of what we had thought we were going to do. Now,
somebody comes up or a property owners comes up and gives us a deal that may
or not be a good deal and one of the possibilities on that issue is to go
through some kind of expeditive process of considering other options. I am
not saying an RFP, I'm not saying six months, I am saying that at least,
perhaps and that's the way I would vote, but the Commission will rule, that we
ought to for the next 30 days consider other people who are willing to meet
the same parameters and then you, from that point forward, negotiate the best
deal for the City, taking into account quality, dependency, and anything else.
It's a negotiated bidding process that we've done before and could all•come to
a close in 30 days. We cannot go with a pilot program, because your cost
going in is too high, from what you tell us, so unfortunately, that
alternative isn't available, so we have to bite the bullet. Either we go
piggyback with Miami Beach and assume that they have found the very best deal,
or allow other people, I would say, at least 30 days to come in with a better
bid and let you negotiate and recommend back to us.
Mr. Plummer: I made a motion.
Mayor Suarez: Your motion, Commissioner?
Mr. Plummer: My motion is, go out to a bidding procedure and come back and
let's compare.
Mayor Suarez: Do you want to put a time...
Mr. Plummer: If they can do it in 30 days, I think that's great.
Mayor Suarez: OK, I'll second that motion.
Mr. De Yurre: First and second. Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 84-534
A MOTION DIRECTING THE CITY MANAGER TO ENGAGE IN
COMPETITIVE NEGOTIATIONS WITH COMPANIES OTHER THAN
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, FOR A
PERIOD OF 30 DAYS, IN CONNECTION WITH PROPOSED
IMPLEMENTATION OF A CITYWIDE SIDEWALK TELEPHONE
PROGRAM, IN ORDER TO SEE IF OTHER COMPANIES CN OFFER A
SIMILAR DEAL TO ONE PROPOSED BY SOUTHERN BELL.
0
Mr. Dawkins: What is the motion?
Mr. Plummer: Motion is, is to go out for a biding within 30 days to see what
gives the best advantageous to the City.
Mr. Dawkins: And it's coming back in 30 days for action?
Mr. Plummer: I would hope sol
Mr. Odio: No, sir, no sir, you cannot bring this back in 30 days. That is...
Mayor Suarez: Why not? You've got parameters already worked out with the
major supplier.
Mr. Odio: But you have to give 30 days to people to reply to advertising.
Mayor Suarez: Well, we are not going to give them 30 days for them to reply,
we're going to give them the 30 days to have done the whole process. That's
better than not giving them anything at all, giving them five years to one
supplier, right?
Mr. Odio: Honestly, Mr. Mayor, then we may as well not go out for bids.
People have to prepare bids.
Mayor Suarez: There's one company already that has written in that is in the
record now, that they claim that they can negotiate. You are telling us you
can't do it in 30 days.
Mr. Odio: Well, I think that realistically 30 days is just not possible..
Mr. Dawkins: Well, J.L., are you saying negotiate a bid, or...?
Mr. Plummer: Well, you know, I would hope it could come back within 30 days.
If it can't and it is 60 days, well, so be it, but I say that this Commission
has got to have something to compare to which we don't have today.
Mr. De Yurre: How much are we losing per month with this deal?
Mr. Plummer. Well, you don't know. You are losing a percentage of a
percentage.
Mr. Odio: $15,000 a month. About fifteen a month.
Mr. Dawkins: Well, I'm going to vote with the motion, but I think it's ideal
in that I do know of areas where phones are needed. If your house is on fire,
you definitely need a phone somewhere -to run outside and there are areas where
they have no phones. I do know of many units in the area where I reside that
have no phones, so you know, and it cannot come back in 60 days, J.L., because
we are in recess the month of August.
Mayor Suarez: Right, 30 days.
Mr. Dawkins: So we are talking about 90 days.
Mr. Plummer: It comes back first day in September.
Mr. De Yurre: Well, wait a minute, let me see, well, we are talking about an
amendment to the motion.
Mayor Suarez: Not really because that was the intent of the motion and if it
is 60 days, it would be back in August, and we're not meeting and I don't
think anybody is asking for a special. session to decide this, so if 30 days
from now, you can't make a different recommendation with the entire world
knowing, or vendors knowing that they can meet their specifications, convince
you that they are more qualified, then we will go with Southern Bell.
Mr. De Yurre: Well, I need to... you know, we have to understand the
procedure here. Today is the 7th and I want to know how we are going to get
it back on the 6th, or when is our meeting on the ...
Mr. Odio: Next meeting is the 13th.
Mr. De Yurre: The 13th. Might now, walk me through the procedure for going
through this.
Mr. Odio: We'll have to advertise. As soon as we can a prepare
specifications that we have to spell out...
Mayor Suarez: You don't have to advertise, Mr. Manager.
Mr. Odio: You have to advertise.
Mayor Suarez: If today you were ready to recommend a five year contract for
one company, then you can certainly follow the alternative procedure of
waiting, as a result of this Commission meeting, the Latin Chamber of
Commerce's letter, to see who else might bid and participate in the negotiated
bids. You don't have to go to the other extreme of a formal bidding process,
if you were able to do what you were about to do legally, so please don't say
that.
Mr. De Yurre: Mr. City Attorney, what is you legal opinion in this issue?
Mr. Fernandez: This is not subject to procurement, but what this Commission
is doing is, it is asking the City Manager to engage in the procurement
process and procurement is only one process.
Mr. Dawkins: Why are we negating when they got it from Miami Beach, he
already got everything outlined. Why are you negating it?
Mr. Fernandez: I am not negating it.
Mr. Dawkins: You say we're asking you to.
Mr. Fernanderz: The City Manager has properly presented to you his
recommendation. My understanding of this motion, is that you are asking the
City Manager to engage in the procurement process and I am telling you that
the City Code does not contemplate an abbreviated, a shortened, a modified
procurement process. Procurement is one. We may be opening ourselves up if
we then decide as a matter of policy of this Commission to go through
procurement, that there may be a vendor out there that will claim that he did
not, he was not provided reasonable opportunity to be able to compete.
Mr. De Yurre: How do you expect to contact the people if you don't advertise?
Mr. Fernandez: Mr. Mayor, perhaps the solution to this would be to recommend
to the City Manager that he engage in competitive negotiations which is
another alternative that he has under the Code. --
Mayor Suarez: Typically we want to find at least three vendors?
Mr. Fernandez: That's right, exactly and then...
Mayor Suarez: We have one, we have another one in the letter, try to find a
third. If you can't in a month, come back and report to us and say it cannot
be done.
Mr. Fernandez: That way would be appropriate.
Mr. Odio: We'll call companies and offer them the same opportunity as
Southern Bell and see what they have to offer and what...
Mr. Fernandez: And that does not require advertising or the lengthy process
of procurement otherwise.
Mr. De Yurre: OK, then it will be brought back on the 13th for final
resolution. --
Mayor Suarez: It will have to be finalized at that point unless the =_
Commission was disposed to put it for the Planning and Zoning Agenda the end
of July, which really would be...
Mr. Fernandez: So for purposes of clarification the motion is then a 30 - day
competitive biding and to come back to you...
Mayor Suarez: Negotiated biding.
Mr. Fernandez: Competitive negotiations.
Mayor Suarez: Competitive negotiations.
Mr. Plummer: That's fine, I accept that.
Mr. De Yurre: OK, so we have... continue the roll call.
Ms. Hirai: Vice Mayor De Yurre.
Mr. De Yurre: No.
NOTE FOR THE RECORD: At this point, Mayor Suarez recognizes a
group of students from Sunset Elementary School.
b--
11
10. CITY COMMISSION GOES ON RECORD STATING THAT IF THE DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) DOES NOT PRINT THE PROPOSED OVERTOWN BROCHURE PRIOR TO
APPROVAL OF FY'90 BUDGET, THE COMMISSION WILL ATTEMPT TO OBTAIN THE
NECESSARY VOTES TO ABOLISH SAID AUTHORITY.
Mayor Suarez: We have I think another one of the items you requested,
Commissioner Dawkins, which is Item 33.
Mr. Dawkins: Item 33, OK. This Commission directed the DDA to print the
Overtown Brochure. Now, that was a directive from this Commission. Why do I
see here that you are going to delay the printing until the fiscal year 19907
Mr. Peter Andolina: Sir, the directive was to pay for the printing from a
reserve fund that does not exist.
Mr. Dawkins: OK, then why didn't you come here and tell me to put some money
in a fund that does exist? Don't come here and tell... after this Commission
ordered you to print it, you see, you should come back and tell me there is no
money where you authorized me to spend it from. What line item do you want me
to take it from? Don't come up here and tell me that you aren't going to do
it.
Mr. Andolina: No, we are not saying that we are not going to do it, sir.
Mr. Dawkins: You are saying you are not going to do it until you get the
money.
Mr. Andolina: The brochure wouldn't...
Mayor Suarez: Can we solve it by having the City lend the money from an
account that could be paid back as soon as the fiscal year begins? When does
the fiscal year begin for the DDA?
Mr. Dawkins: No, no, I'm not going to accept that, Mr. Mayor. We find money
for everything up here. All right, get it from, what is that account we found
this morning, special fund and account, get it from there.
Mr. Plummer: Wait a minute, can I ask a question? That fund that...
Mr. Dawkins: And DDA pay it back to them.
Mr. Plummer: The Contingency Fund was how much money?
Mayor Suarez: Special Funds and account. Oh, I'm sorry. You're talking
about the D.D.A. contingency.
Mr. Andolina: $291,000, I believe.
Mr. Plummer: And what is this Commission— I only recall approving one
expenditure, which we held control over from that fund.
Mr. Andolina:
No, sir, in October of 187, you released the entire reserve
after because
the State Legislature had saved us from that problem on the
millage rate,
so the Commission authorized DDA to incorporate that reserve
fund from the
prior year into the fiscal 188 budget.
Mayor Suarez:
But didn't it go in the Capital Improvements and if so, which
were they? - because I don't even remember them, and I should know better than
the rest of the Commission on...
Mr. Andolina:
OK, the resolution that was adopted was resolution 87-902 and
it authorized...
Mayor Suarez:
What were the projects that we financed with that?
Mr. Andolina:
Expenditures related to the downtown master plan and DRI.
(Development of Regional Impact).
}
40 June 7;A909,
e
Mayor Suarez: Which inured to the benefit of the City, let me clarify on that
one, obviously, because otherwise the City would have to do it. What was the
other ones?
Mr. Andolina: And projects resulting form discussions with the Brickell Area
Association, the Omni -Venetia Committee and the Downtown Miami Business
Association.
Mayor Suarez: Such as, Peter, what kinds of things were they? They were
Capital Improvement projects?
Mr. Andolina: We did almost $200,000 worth of work on Flagler Street...
Mr. Dawkins: What date did you make the last expenditure out of that fund
before it went broke?
Mr. Andolina: It was fiscal 188 sir, and that money was all expended in
fiscal '88.
Mr. Dawkins: Well, when we told you to print the brochure, why didn't you
tell me then you didn't have no money?
Mr. Andolina: There was nobody here at the meeting, sir. We were not
scheduled to be here.
Mr. Dawkins: Beg pardon?
Mr. Andolina: There was no one from DDA at the meeting where that motion was
adopted.
Mr. Dawkins: OK, how long ago was this when you were ordered to print it?
Mr. Andolina: It was in March.
Mr. Dawkins: OK, all right, what is this?
Mr'. Andolina: We submitted the...
Mr. Dawkins: Now, what is this?
Mr. Andolina: This is now June.
Mr. Dawkins: And from March until June, you couldn't find a way to come down
here to tell me to find the money to print this brochure for Overtown.
Mr. Andolina: Prior to the directive from the Commission, we had already
spent $5,000 on the brochure and the staff continues to work on it. There is
no hold up...
Mr. Dawkins: That was not the directive, sir, from this Commission. The
directive from this Commission was to print that brochure.
Mr. Andolina: It is not ready for printing yet, sir. We are working on the
layout. Our staff time and already $5,000 of DDA money has been spent. The
document, I've been told will be ready for printing in September. We are
asking for a delay until October.
Mr.
Plummer: How much money are you talking
about?
Mr.
Andolina: Approximately $14,000.
Mr.
Plummer. So lay off one employee.
Mr.
Dawkins: No, J.L., it is irritating to
have to continue
to sit here and
say
in certain areas, things get pushed to
the back burner
and in certain
areas
things get pulled to the first burner.
Now, you...
Mr.
Plummer: Well, I'll tell you, it's easy. Just deny 33,
and they've ,gat
to
find the money.
Mr.
Odio: We'll work it out.
y
41
jun. .+' 7,; 1 ►19
Mr. Dawkins: Yes, but I...
Mayor Suarez: I entertain a motion to deny 33. I think you can figure it
out, Peter, and obviously the printer might wait...
Mr. Dawkins: No, that is nothing, that is only half the issue, OK?
Mayor Suarez: And the other part of the issue is why has taken so long?
Mr. Andolina: No, we...
Mr. Dawkins: It's taking six months.
Mayor Suarez: I just got a letter...
Mr. Andolina: We placed this on the agenda before, but it didn't make it in.
Mayor Suarez: That doesn't answer why it took so long, Peter. Why has it
taken so long to...
Mr. Dawkins: To print a brochurel
Mayor Suarez: ... to print a brochure?
Mr. Andolina: We're are working on the layouts, photographs. We've purchased
art from Purvis Young, we are working constantly with the Overtown Advisory
Board and the Department of Development on this project. It's not been
delayed at all as a result of this request.
Mr. Dawkins: Does this Commission vote on DDA's budget?
Mr. Andolina: Yes, sir.
Mr. Dawkins: If this brochure.is not printed before time for your budget, I
plan to move that it be held up and that we make some changes and do whatever
we have to do in DDA to get these kind of things that we want done, done.
Mr. Plummer: No, do it the way they understand it. That if they don't do it
before then, we abolish the DDA. That they understand. '_--
Mr. Dawkins: Well, no, I have to say it like this. If you don't do it by
then, I will attempt to get three votes to abolish the DDA. -
Mayor Suarez: It sounds like a pretty clear message. We have a motion to...
Mr. Plummer: Motion to deny 33.
Mayor Suarez: To deny CA-33.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-535
A MOTION OF THE CITY COMMISSION DENYING REQUEST.BY THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO DELAY FUNDING
Mayor Suarez: Let me follow up on something Commissioner Dawkins said. You
know, Peter, frankly, when other things are pending that we are trying to
complete, the Sports Arena, whatever it may be, the Dinner Key Exhibition
Center, Overtown Park West, and something is amiss, something is needed, a
phone call, God knows, if it is an Urban League project, I've got a ton of
phone calls from Tal Fair, whatever it may be. It seems like somebody right
away contacts us to try to get it going quicker and to move it and to salve it
and to have a special session if need be, whatever it takes and then some
items do seem to get put on the back burner and I hope the DDA will
understand and our entire board, it will reflect back to discussion here. I
will try to be present at the meeting and again do the same thing because
these items cannot be put on the back burner. They are important, they are
needed, and we don't get phone calls if something... I could have maybe talked
to the printer, we could have taken some money from the Discretionary Fund the
Commissioners have, each Commissioner had lent it to the... to complete the
project and then pay it back from the DDA funds, something that I know Vice =_
Mayor De Yurre has done successfully with his Discretionary Fund to lend
monies to people with the expectation of getting paid back, security
agreements, the whole bit. I mean we are a very creative group here and
sometimes when the items are important we figure out every possible way of
getting it done on time, as we've done with the Exhibit Center right here,
which 'has a schedule day by day, month by month. I think it is a praise
worthy effort by the City staff, but somehow some items just don't get that
kind of importance, you know that kind of priority and that concerns us. I
just want to express that.
11. APPROVE PAYMENT TO MORGAN, LEWIS & BOCKIUS - for legal services in five
pending legal proceedings involving personnel matters.
Mayor Suarez: Item 46.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: In a resolution...
Mr.. Fernandez: Yes.
Mr. Dawkins: We got the rationale and then we got section two. I don't
understand the difference. In the rationale it says, Fortune Bell, $36,000
then in section two, it says Fortune Bell, $5,000.
Mr. Dawkins: So you see, you need to tell me then, that the total cost is
$+41,000 so I know that I'm spending $41,000 and like in the next one, you got
$41,000 and $25,000, that $65,000. See and now, it doesn't show, Mr. City
Attorney what the hell we are doing.
Mr. Fernandez: Perhaps,I could have been more clear, but- let me clarify it
now. The first amount that I am giving you, the larger amounts are amounts
already spent, but in my searching my records, I did not find a proper City
Commission resolution authorizing my office to engage this firm for those
amounts. Perhaps at best, benign neglect and...
Mr. Dawkins: Well, who was the City Attorney when they were hired?
Mr. Fernandez: Sir, I do not know these old...
Mr. Dawkins: If you researched it now, Mr. City Attorney, no way in hell you
s
could sit here and tell, me sir, that you researched it and don't know who
hired them.
Mr. Fernandez: I can tell you that it wasn't me. I can tell you it was one
s
0
of my predecessors.
Mr. Dawkins: Who?
®
Mr. Fernandez: Well, for the past four years...
®
Mr. Dawkins: I defer this until he comes back and gives me the information I
ask for. I mean, do a little more research, sir.
Mr. Fernandez: Mr. Dawkins, I am willing and able to give you all the
answers to your questions right now.
Mr. Dawkins: Give them to me now then. Who was the City Attorney, sir?
Mr. Fernandez: OK, in the case of Fortune Bell, I can tell you that my
immediate predecessor was Ms. Dougherty. In the case of Case versus the City
of Miami, this is a case that has been going on for a long period of time.
Mayor .Suarez: Is that case named Case, by the way, or is that...
Mr. Fernandez: Yes, that is a case named Case, the name of the plaintiff is.
Mayor Suarez: That is like Colonel Duke named Colonel, right. We've seen
that around here.
Mr. Fernandez: Yes. That case has been going on certainly, perhaps for the
last eight, ten years and then that might have been either Mr. Garcia -Pedrosa
or Mr. Knox. In the City of Miami versus FOP (Fraternal Order of Police),
that is the drug -testing issue that is being, going through arbitration that
is rather recent, I believe, that would be Ms. Dougherty. Larry Glover,. that
Ms. Dougherty. IFF negotiations and impasse, that would also be Ms. Dougherty,
Mrs. Lucia.
Mr. Dawkins: Now, then am I to assume sir, that when I add these two figures
together, when you come in, when all of it is settled and the dusk dies down,
you will not need another penny more anywhere to do anything with this? .
Mr. Fernandez: Well, that, I can only give you my very best legal opinion on
that one. I cannot predict whether any of these would result in appeals. I
cannot, you know, predict for you whether in the wisdom of this Commission you
would instruct me to proceed down a different path and try to obtain different
results. All that I am telling you is that the way these cases stand right
now, I have negotiated with the firm of'Morgan, Lewis and Bockius, the amount
statea on the Dottom paragrapn as an amount certain to conclude these cases in
the way that they stand right now.
If there is any future development in any, -
r.'.
of these cases, or if you instruct
me to proceed through with appeals and the
;x;;:
like, then of course I will make
sure that I will come back .to you and so =_
Cx
advise you. This is my effort, Mr.
Dawkins, to keep you fully apprised .and
give you complete knowledge of all
that is being spent in the Law Department.
r
Lamentably, or regrettably, this
is not done during my tenure, so I cannot
take direct responsibility for it
p Y
but. it is not m desire either 'to
Y pass on
,T
44 June
anything onto my predecessors. I am trying to reduce as much as possible the
expenditure of outside counsel that we use. I can assure you that we only use
them whenever there is a conflict where my office with its very competent
staff cannot represent the City.
Mr. Dawkins: We got a lot to do, I move it, Mr. Mayor.
Mr. Fernandez: Thank you.
Mr. Fernandez: The disclaimer was going on and on and on to the point...
Mr. De Yurre: He doesn't want that, I don't want that, I just want you to
know that...
Mayor Suarez: Mr. City Attorney, let me suggest one other thing very
quickly - you have a motion and a second, that all of those predecessors who
got us into those fairly lucrative and expensive contracts for legal services =_
might be asked every so often to provide some pro bona advice to cases they
are familiar with and one of them practices with me and I am sure he would
agree to it and the other one is Lucia Dougherty with a very, very fine firm
and lucrative firm. I hope that we get their help in some of these cases. I
don't know if you thought about that, but...
Mr. Plummer: The only problem I have is just using one firm.
Mr. Fernandez: That was...
Mayor Suarez: Yes, that's... he has changed that though, I think.
Mr. Fernandez: I've changed that considerably.
Mr. Plummer: OK. If they don't, I'll bury them.
Mayor Suarez: We have a motion and a second. If there. is no further =_
discussion, call the roll.
Ms. Hirai: We need a second, Mr. Mayor.
Mayor Suarez: Mr. Vice Mayor.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-536
A RESOLUTION RATIFYING AND APPROVING PAYMENT TO THE
FIRM OF MORGAN, LEWIS & BOCKIUS FOR LEGAL SERVICES
RENDERED AND TO BE RENDERED IN FIVE PENDING LEGAL
PROCEEDINGS INVOLVING CITY OF MIAMI PERSONNEL MATTERS, r'
USING MONIES THEREFOR FROM THE SELF-INSURANCE AND g
INSURANCE TRUST FUND; FURTHER AUTHORIZING EXPENDITURES
FROM SAID FUND FOR NECESSARY COSTS AND EXPE14SES IN
CONNECTION WITH THESE CASES.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-------------------------------------------------------
NOTE FOR THE RECORD: Mayor Suarez reiterates point regarding
keeping Consent Agenda as one item and those that must be
discussed be carried over to neat meeting, also advising
applicants of such.
s�
12. AUTHORIZE BID ADVERTISEMENTS FOR THE FOLLOWING CAPITAL 1MPROVEMENT
_ PROJECTS: (a) Civic Center Storm Sewer Retrofitting, (b) Little River
Storm Sewer Retrofitting, (c) Riverside Storm Sewer Retrofitting, (d)
Citywide Court Renovations Projects, (e) Citywide Street Improvements-
= FY-89 N.E. 14th Street realignment, (f) Scattered Site Affordable
Housing Development Program - Model City - Phase II, (g) Scattered Site
Affordable Housing Development Program - Model City - Phase III, (h)
o® Scattered Site Affordable Housing Development Program - Allapattah -
Phase I.
------------------------------------------------------------------------------
Mayor Suarez: Item 2. Bid advertisements. I entertain a motion on this
item.
Mr. Plummer: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion Commissioners for the bid
a
advertisements? If not, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-537
A MOTION AUTHORIZING BID ADVERTISEMENTS FOR THE
FOLLOWING CAPITAL IMPROVEMENT PROJECTS:
a) CIVIC CENTER STORM SEWER RETROFITTING;
b) LITTLE RIVER STORM SEWER RETROFITTING;
c) RIVERSIDE STORM SEWER RETROFITTING;
d) CITYWIDE COURT RENOVATIONS PROJECTS;
e) CITYWIDE STREET IMPROVEMENTS - FY189 N.E. 14
STREET REALIGNMENT;
f) SCATTERED SITE AFFORDABLE HOUSING DEVELOP- MENT
PROGRAM - MODEL CITY - PHASE II
g) SCATTERED SITE AFFORDABLE HOUSING DEVELOP-
MENT PROGRAM - MODEL CITY - PHASE III
h) SCATTERED SITE AFFORDABLE HOUSING DEVELOP-
MENT PROGRAM - ALLAPATTAH - PHASE I
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
None.
None.
Mr. Odio: Can I ask a question.on this item, which I was asked to do so, but
couldn't.
®, Mr. Odio: Item 2. We've never done this before, this is the first time we've
actually listed what we got. Before we just used to go out and advertise and
brought the bids back when we had them. Do you still want us to do it? This
is eatine uD one item out all these 59, you know.
Mr. Dawkins: You know, I have a problem with it, because it lets the guy who
is going to bid know what you got to spend.
Mr. Odio: That's right, well...
Mr. Dawkins: And he knows...
Mayor Suarez: But we always did that though, didn't we?
Mr. Odio: Yes.
Mayor Suarez: There was always an estimate?
Mr. Plummer: Well, I think, no.
Mayor Suarez: Or no? Let's clarify that.
Mr. Plummer: No, the reason that's there is because of what we put in if the
bids do not come within five percent, then they are thrown out automatically.
You have got to establish a...
Mr. Dawkins: OK, OK.
Mayor Suarez: But, had we been telling them in the bids what the estimates
were, or not?
Mr. Odio: I don't believe we did.
Mayor Suarez: What you are saying is that we are approving the advertising
of the estimates and that that is not necessarily an item that we need to
bring, because administratively you can just go ahead and put the estimate,
but were we doing that before?
Mr. Odio: Never. We've never done this before. We...
Mayor Suarez: No, I don't mean the Commission, but I mean, were we, in fact
giving an estimate in all the bids that we put out for Public Works?
Mr. Odio: We have an estimate on every bid that we put out.
Mayor Suarez: We always have them.
Mr. Plummer: Always, yes, we've always done it.
Mr. Dawkins: ... OK, so we're not giving away...
Mr. Odio: But, do you want me to...
Mayor Suarez: So, no, I don't think you need to have the Commission approve
the estimates. We don't have any idea, you have.
Mr. Odio: Well, no, but you asked me to do this but I am asking you now is
to...
Mayor Suarez: Please, no, no, no, let's vote on this unless any Commissioner
feels otherwise. This is not necessary under the code or anything. OK, call
the roll on the motion.
(AT THIS POINT, THE ROLL WAS CALLED AGAIN ON THE PREVIOUS MOTION.)
x_ -
--------------------------------------------------------------------------------
13. DISCUSS AND DEFER TO JULY 13TH MEETING PROPOSED EXTENSION TO LEASE
AGREEMENT WITH AMERIFIRST BANK - for lease of office space for the Law
Department.
Mayor Suarez: Item 4, City Attorney reports regarding the execution of an
extension to the lease agreement. For how long, Mr. City Attorney?
Mr. Jorge Fernandez: Actually, what we have in front of us now is a two year
lease but so very much depends on what you decide...
Mayor Suarez: When does this one run out?
Mr. Fernandez: I have to exercise an option by June 30th, but I have gotten a
promise from the AmeriFirst that they would give us because they understand
the predicament we're in, until July 30th, for us to be able to exercise our
very, very final option.
Mayor Suarez: Can you get that in writing to be absolutely sure?
Mr. Fernandez: Yes. We're getting it in writing.
Mrs. Kennedy: Well, I...
Mr. Fernandez: I'm sorry.
:Mrs. Kennedy: ... I think that this item should wait...
Mr. Fernandez: Yes.
Mrs. Kennedy: ... until we hear the 4400 Building.
Mr. Fernandez: I agree.
Mayor Suarez: In which case - yes, let's then delay this with the assumption
you can get it in writing an agreement to allow you to exercise your option in
July. I guess we ought to reschedule it for the first meeting in July then.
Mr. Fernandez: Correct.
Mr. Plummer: May I inquire, Mr. Mayor...
Mayor Suarez: Please, Commissioner Dawkins, ah, Plummer.
Mr. Plummer: Mr. Manager, when are we getting the budget?
Mr. Odio: Well, if you saw it once - I would like to have the Commissioners
workshop the first week of July or the second week of July, which is about...
i:r. Plummer: The workshops?
Mr. Odio: Yes.
Mr. Plummer: ... usually are September.
s
Mr. Odio: hopefully, it'll be at the end of this month.
Mayor Suarez: Yes, last year...
Mr. Plummer: By the end of this month?
Mr. Odio: Yes.
Mr. Plummer: Thank you.
Mayor Suarez: Last year, you were...
Mr. Odio: Which is about three month...
Mayor Suarez: ... ahead of any other year in the history of the City, I
think, by giving it to us sometime in the middle of summer.
�—
sRE
Mr. Plummer: OR, so we'll see the budget —
_—
Mr. Odio: We give it to you last year at the end of July, I want to move it
up but I'd like to have the workshops, if you would agree, before the recess
mom
so that way we get that out of the way. September is always a very heavy
=
month for all of us and you.
Mr. Plummer: Boy, but I am travelling extensively in July.
Mr. Odio: And you got elections. I'll be ready anytime after next week, I'm
ready.
Mayor Suarez: You know, we can also have them in August. I intend to have my
=_
staff attend. I don't know that I'm going to attend too many of the
workshops.
Mr. Odio: After the end of next week, I'll be ready for the budget anytime
you want on. workshops.
Mayor Suarez: OK, well check back with us on the workshops, would you?
Mr. Plummer: Have you got the police budget completed?
Mr. Odio: No.. I'll have it at the end of this month.
_~
Mr. Plummer: OK.
Mr. De Yurre: I suggest check with the members that are running and whatever
a
suits them, that'll be fine with me and I of no problem with that.
g
Mr. Odio: OK, the only two full days....
Mr. Plummer: Well, you know, Mr. Manager, I've to, at the Mayor's request,
I'm going, I'll be gone for five days to that convention in Oregon.
Mr. Odio: You can cancel that out...
Mr. Plummer: Excuse me? No, hey, I'm not locking forward to going all the
way
to Portland, Oregon, I'll tell you that.
Mr.
De Yurre: It's a nice town.
Mr.
Odio: It's a nice town.
Mr.
Plummer: Thanks.
Mr.
Dawkins: Keep going and don't come
back.
Mr.
Plummer: That's fine with me also.
i
Mr.
Odio: When are you going?
Mr.
Plummer: I'll have to get you the
dates. You got me going to Daytona:
Beach to get the loan for the City. OK,
hey, I'm just saying that...
49 June'' 7
iF t
Z Mayor Suarez: Well, the Vice Mayor was suggesting that you go all the way to
WE
China and try to resolve the problem over there while you're...
Mr. Plummer: Be happy to.
Mr. Odio: Beijing is ten...
Mayor Suarez: But, on the other hand, we could send the Vice Mayor too, you
know, he...
Mr. Odio: T.iananmen Square.
=_ Mr. De Yurre: Well, with my experience in Caracas, you never know what may
happen.
Mr. Plummer: OK, you answered my question, we'll have the budget before the
end of the month. That's what I'm asking. Thank you.
Mayor Suarez: And on location, please, let's maybe suggest that, unless the
Commission feels otherwise and the Manager feels that its a compelling reason
for having it at the Hyatt, maybe it could be somewhere in these quarters
somewhere?
_s
Mr. Plummer: Yes.
Mr. Odio: If you do it...
Mr. Plummer: Parking's a hell of a lot cheaper here.
Mr. Odio: What happens if you do it here is that you will be distracted all
the time by - that's the experience we had in the past, but I'll do whatever
you...
Mayor Suarez: We all have the ability that way to listen to the proceedings,
come down if we have something specific we want to have input' on, otherwise,
have staff.
Mr. Odio: We can do it right here.
Mayor Suarez: Committee of the Whole.
Mr. Odio: We can do it here.
NOTE FOR THE RECORD: At this point, Commissioner Plummer inquires
of the City Manager as to when the City Commission will receive a
copy of the proposed budget. The City Manager informed the City
Commission it would receive said draft by the end of this month.
14. APPROVE SETTLEMENT STIPULATION CONCERNING CHALK'S INTERNATIONAL AIRLINES
LITIGATION.
Mayor Suarez; Item five. Law Department.
Mr. Jorge Fernandez: Yes. You've instructed us to present to you and we have
handed out this morning to you, the agreement with Chalk's Airline that would
terminate the litigation that we had engaged them in. Basically, there have
been changes in this agreement all the way until late yesterday. We have met
several times with Mr. Rifas, the attorney for Chalk's, and we feel that what
we have presented to you here today by way of an agreement, stipulation of
voluntary dismissal without prejudice, encapsulizes the wishes of this
Commission as expressed at the time that it was discussed. In the memo that I
passed out to you, I basically summarized it by saying that the lawsuit will
be dismissed without prejudice and the status...
Mr. Dawkins: Hey, we can read it, we can read it.
Mr. Fernandez: OK.
Mr. Dawkins: And let me get to the part that I have a problem with that I
read.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: On page 2, sir...
Mr. Fernandez: Yes.
Mr. Dawkins: Three lines up from the bottom...
Mr. Fernandez: Yes.
Mr. Dawkins: Now, I've had a problem with it from the beginning and I still.
have a problem with it and it says, removal to a different location on Watson
Island will in no manner alter or modify the claims of the defendant to
ownership of its existing site on Watson Island and shall not deem a waiver of
its claim of ownership. Now, I say now and I said before, Watson Island does
not own that land and what you're saying here is you're agreeing to that they
do own it, OK? Chalk's Airline doesn't own it. See, and...
Mr. Fernandez:
Well, I'm not saying that myself, I'm saying that, on behalf
of the majority of this Commission who voted to enter into this agreement.
Mr. Dawkins:
And I'm saying on a majority of one, I've been against it from
day one and I'm telling you again, I'm putting it in the record...
Mayor Suarez:
OK.
Mr. Dawkins:
... that this is what I... I voted against it before and I'm
voting against
it now, see. I do not believe Chalk Airline owns that piece of .,
property that
they're homesteading and I never will. a
Mayor Suarez:
OK, Commissioners, anything further on the proposed agreement,
resolution, whatever you call it, settlement?
Mrs. Kennedy:
If there's no further discussion, I'm prepared to move it-.
Mayor Suarez:
So moved.
Mr. Plummer:
Second.
Mayor Suarez:
Seconded. Any discussion? Call the roll.
s
51 June 7, 1989
� r
A RESOLUTION, WITH ATTACHMENT, APPROVING AND
AUTHORIZING THE CITY ATTORNEY TO EXECUTE A STIPULATION
OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, THEREBY ENDING
THE CITY'S ACTION TO EJECT CHALK'S INTERNATIONAL
AIRLINES FROM WATSON ISLAND, SUBJECT TO CONDITIONS,
AND PRESERVING STATUS QUO, FOR A PERIOD OF TEN YEARS,
QUESTIONS SOLELY RELATING TO OWNERSHIP OF THE WATSON
ISLAND PROPERTY PRESENTLY OCCUPIED BY SAID FIRM.
(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 Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
ABSENT: None.
15. EMERGENCY ORDINANCE: Amend Ordinance 10484 - Increase appropriations in
the Internal Service Fund/GSA/Communications Division by $978,880 -
Establish definitions for recurring and nonrecurring fees regarding the
Emergency 911 system.
Mayor Suarez: Item six, emergency ordinance. Four -fifths vote required.
Internal service fund, GSA, communication division.
Mr. Odio: This is for the 911 system that this is the increasing revenues in
nine hundred and seventy-eight thousand... it's an accounting procedure, Mr.
Mayor.
Mayor Suarez: I'll entertain a motion on it.
Mrs. Kennedy: Move it.
Mr. Plummer: What is the reason for the emergency? You've known about it all
year long?
Mr. Odio: In order for the City to be in compliance with chapter 365 of the
Florida statutes that states all emergency 911 systems service fees recurring
and non -recurring fees, be placed in separate accounts, with.,.
Mr. Plummer: That's not my question.
Mr. Odio: That's why we're having an emergency.
Mr. Plummer: The question is, you've known about it all year long...
Mr. Odio: No, sir, we were notified of this about a month ago and that's why
we had to move fast.
Mr. Plummer: And you're saying that we've got to pay almost a million dollars
just for 911.
Mr, Odio: No, they're paying us.
Mr. Fernandez: They're paying.
52 June 7, 1989
Mr. Odio: What do you mean? _
Mr. Plummer: Who's paying us?
Mr. Odio: We're getting these fees, this is revenues to the City of Miami.
RM
Mr. Plummer: From who?
Mr. Odios From the state. Through the county.
Mr. Plummer: What does the actual system cost the taxpayers? What does the
total system cost?
Mr. Odio: I have no idea, Commissioner. Do you know?
Mr. Ron Williams: With the upgrades that we're going into, Commissioner, it's
going to cost us approximately 1.2 the first year. That's going to level off
after we get the new and upgraded equipment in there but all of that, again,
is funded through the prescriber line billing.
Mr. Plummer: OK.
Mayor Suarez: OK, Commissioner. Do you want to move the item?
Mr. Plummer: You have to, you have no choice._
Mayor Suarez: Moved and seconded. Any discussion? If not, read the
ordinance. Call the roll.
Mr. Fernandez: Two votes.
AN ORDINANCE ENTITLED-
ae
AN hMERGENCY ORDINANCE AMENDING SECTIONS 3 AND 5 OF
ORDINANCE NO. 10484, ADOPTED SEPTEMBER 27, 1988, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1989, BY INCREASING THE APPROPRIATIONS
IN THE INTERNAL SERVICE FUND: GENERAL SERVICES
ADMINISTRATION: COMMUNICATIONS DIVISION BY $978,880,
INCREASING REVENUES IN THE SAME AMOUNT FROM THE
EMERGENCY 911 SYSTEM SERVICE FEES; ESTABLISHING
DEFINITIONS FOR RECURRING AND NONRECURRING FEES
RELATED TO SAID SYSTEM; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
i requirement of reading same on two separate days, which was agreed to by the
following vote;
N
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
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 Kennedy, adopted said ordinance by the following vote:
¢� 53 June T� 5989.
F
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L, Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10593.
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:
Ms. Hirai: Mrs. Kennedy.
Mr. Dawkins: She votes yes.
Ms. Hirai: She votes yes.
Mr. Plummer: The Mayor doesn't vote?
Mayor Suarez: Yes.
Ms. Hirai: Mayor Suarez.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Dawkins: Mr. Mayor, for the benefit of our guests, if you'll notice the
City Attorney just read - did a lot of reading - OK, we have two kinds of laws
up here. One is called an ordinance and one is called a resolution. The
resolution, you don't have to have to read it. The ordinance, in order for it
to become a law, it must be read and then we vote on it. So that's why you
see some of the things we are voting on without the City Attorney reading it
and the other things we have to wait until he read it. OK? All right. -
Mayor Suarez: And the faster he reads it, the more we pay him.
----------------------------------------------------------------------------
16. SECOND READING ORDINANCE: Establish new special revenue fund, "Community'
Development Block Grant (Fifteenth Year)" ($13,096,000).
G
Mayor Suarez. Item seven. Establishing a special revenue fund Community.
Development Block Grant I'll entertain a motion on this.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? If not, read the ordinance. Take a
$1,000 off his salary, that was too slow. Call the roll.
AN ORDINANCE -
Passed on its first reading by title at the meeting of April 27, 1989,
was taken up for its second and final reading by title and adoption. On ==
motion of Commissioner Dawkins, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr. _=
Vice Mayor Victor De Yurre.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10594.
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
NOTE FOR THE RECORD: Administration advised that Item eight had _-
■
been withdrawn.
t
17. SECOND READING ORDINANCE: Amend Code Section 53-135 - Increase charges =_
for Orange Bowl Stadium reserved parking passes and general event
parking - Increase parking rates at Miami Bobby Maduro Baseball Stadium
and Commodore Ralph Munroe Marine Stadium.
e
Mayor Suarez: Item nine.
Mr. Odio: This is an amendment to the code by increasing the charges of the
�i Orange Bowl Stadium reserved parking passes and for general event packages and
providing for the application of these increased rates for parking at the
Bobby Maduro baseball stadium and the Marine Stadium.
v
Mr. Dawkins: Move it.
Mayor Suarez: Is there anyone from the general public that wishes to be
heard? Let the record reflect that no one stepped forward. We have a motion,
do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
i
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 53-135 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING
THE CHARGES FOR ORANGE BOWL STADIUM RESERVED PARKING
PASSES AND FOR `GENERAL EVENT PARKING AN PROVIDING'FOR
THE APPLICATION OF THESE INCREASED RATES FOR PARKING
AT THE MIAMI BOBBY MADURO BASEBALL STADIUM AND THE
COMMODORE RALPH MUNROE MARINE STADIUM; CONTAINING A;
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 27, ,1969
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title; and 'passed'
and adopted by the following vote:
55 June 1 19.8'
-
f
AYES: Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre.
THE ORDINANCES WAS DESIGNATED ORDINANCE NO, 10595.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Mr. Ruder, Mr. Cruz, before you leave, I don't even have to
mention and I'm sure the Manager has mentioned to you that we would hope you
would have a very good analysis of price elasticity anytime you increase the
cost of any facility. It would be really a shame if we increased the price
and all of a sudden we have less revenue because we have less usage. So,
hopefully, you would get back to us if this was a wise idea. You're very both
experts in economic analysis, I'm sure.
18. FIRST READING ORDINANCE: Amend Code Sections 62-61 and 62-62 - Increase
zoning and planning related fees - provide for advertising surcharge -
increase fees for application requests for review of Zoning Board,
Zoning Administrator or Director of Planning Department decisions.
Mayor Suarez: Item 10.
Mr. Odio: This is amending the code by'increasing zoning and planning related
fees, providing for an advertising surcharge, increasing fees. concerning
application requests for review and decisions of the Zoning Board, Zoning
Administrator and Planning Department Director.
Mr. Guillermo Olmedillo; Mr. Mayor and Commissioners, on section two of the
proposed language, we found some incorrect designations there and what we
would like to do is revert back to first reading with the amendments that I
will introduce on the floor.
Mayor Suarez: OK, so go back to first reading.
Mr. Olmedillo: On section two, it should read, application to amend the
comprehensive plan to...
Mr. Plummer: Move it on first reading as amended.
Mayor Suarez: With the amendments, moved on first reading. Seconded, Any
discussion? If not, read the ordinance as amended. Call the roll.
AN ORDINANCE ENTITLED-
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
19. SECOND READING ORDINANCE: Amend Code Sections 2-75, 2-83.1, 19-5, 19-
178, 19-260 and 19-516 - Establish and adjust fees for annual _
_
reinspection of buildings - user fees for emergency medical
transportation services - charges for inspection and testing of fire
suppression and detection systems - permits for blasters, precision
explosive demolition of structures; permits for discharge of fireworks,
®
and storage of flammable or combustible liquids, and permits for
o
®
assembly.
e
------ ------------------------------------------------------------------------
Mayor Suarez: Item 11.
Mr. Plummer: I still hope, on ten, Mr. Mayor...
s
Mayor Suarez: Yes, Commissioner Plummer.
Mr. Plummer: ... they're going to come to a point of self sustaining. The...
Mr. Odio: This is what we're going for and also with number 11...
Mr. Plummer: Let the developers who are making the profits, let them pay the
cost.
Mr. Odio: For instance, the code that we're amending in number 11, the rates
had not been increased since 1980 and this additional increase will generate
_
an additional $500,000, number eleven. -
Mr. Plummer: But that still doesn't cover the entire cost.
Mr. Odio: We are moving to that direction.
Mr. Plummer: Well... I move eleven.
Mr. Dawkins: I second and under discussion.
Mr. Odio: Yes.
Mr. Dawkins: It says here, user fees for the use of emergency medical K
transportation service. I recall getting a memo from the City Attorney saying
that we could not charge the county for transporting people that they're
supposed to transport and I wrote him a memo and I'd like to ask him now, what
happens if we hope - with just service them where we have them and call an
ambulance who they will pay?
Mr. Jorge Fernandez: If we do the transporting with this ordinance, the
person transported will be indebted to us.
Mr. Dawkins: But if they're in... OK... -
Mr. Fernandez: If they don't have... `_
Mr. Dawkins: The City of Miami is not required by charter of Dade County to
provide medical services to the indigent. When the City of Miami gave the t-
land to JacksonMemorialHospital to build Jackson Memorial Hospital, Jackson
Memorial Hospital passed a.covenant that said, they would provide medical care
to all indigent care. Now, when we pick up the indigent and we transport
them, we don't get paid because they have no money...
57 June 7 19
Mr. Fernandez: That's right...
Mr. Dawkins: ... it's Jackson Memorial's responsibility and they won't pay us
because, according to you, we do not have a contract with them to transport
the indigent.
Mr. Fernandez: Correct.
Mr. Dawkins: So now, what happens if we go there and give them first aid and
wait and call one of the vehicles that has a contract with the county for
providing transportation for indigent people who need it.
Mr. Fernandez: My understanding is that is, in fact, what takes place. If
the fire rescue personnel determines that this is not a life threatening type
situation, they do give the first aid assistance that must be given and then
contact is made with another carrier for them to be transported. However, if
in the opinion of the fire rescue personnel they deem it necessary for the
life of this individual to do the transporting, they cannot deny it. They
cannot delay providing that person the assistance in transporting them that
they would need. Now, I have always expressed to this Commission the fact
that I'm ready, willing and able to explore other alternatives as to the
county and I have not gotten a very clear direction as to how to proceed. I -
my opinion to you, sir, was contractually. Contractually we do not have a
right to claim against the county anything. Perhaps some other avenues we
could, but I need to hear from you.
Mr. Plummer: What about if we set up a separate corporation? Put our rescue
in a separate corporation and take that and let them bid out the situation
just like the county bids out transportation of ambulance patients. Why can't
v the City be in the same posture? We're transporting 13,000 a year. They pay
a regular company to transport $35.00. That's a half a million dollars.
Mayor Suarez: We spin off a non profit and charge for our services, huh?
Mr. Plummer: Either that or let's consider, I mean, I don't even want to
think about it but for this kind of money there are companies, private
companies, that are providing rescue service that we can contractually go into
with those kind of companies to provide that kind of service.
Mr. Fernandez: Well, that's a policy decision that will affect, of course,
the operation of the Fire Department and their....
Mr. Plummer: Policy decision is made once we have all the information and we
don't have it now.
Mr. Odio: Commissioner, I'm working, in fact I talked to Don Teems yesterday
about something else on this and I'll get something done.
Mr. Plummer: Well, I can tell you this. Let me speak for one Commissioner.
Let the county know, do not come knocking on this door asking for one favor
until this matter is resolved.
Mr. Dawkins: OK and the other thing I'd like made known, let the media
reflect that no one on this Commission suggested that a person whose life is
threatened not be transported to a hospital...
Mr. Plummer: It's not the point.
Mr. Dawkins: ... or to a place where they can be - their life can be saved.
We're not saying that.
Mr. Plummer: That's not the point.
Mr. Dawkins: But when you read it in the paper...
Mayor Suarez: Regardless of ability to pay.
Mr. Dawkins: Yes, sir. Now, when you read it in the paper in the morning, it
may not say that. But I want to spell out here now that we did, not say we
will not transport anyone whose life is in danger.
58 June 7, 1989..
�q
Mayor Suarez: And one other thing too, as in the past, I take it the policy
on recovering from insurance companies, is that we will try to do that but we
will. never go after the actual person's ...
Mr. Fernandez: Well, I'm sure that the actual person...
Mayor Suarez: We're always going to be going after third party insurers, not
the actual individual transported.
Mr. Fernandez: We always try to collect from the individual but we'd never
prosecute it the end to filing judgments and that type of thing.
Mayor Suarez: OK, that's the correct statement of the policy then, is we
don't prosecute or file legal proceedings. It's not really prosecute, I
guess, although maybe - OK, thank you. We have a motion and a second on this
ordinance?
Mr. Plummer: I made the motion.
Mayor Suarez: Do we have a second?
Mr. Dawkins: I'll second...
Ms. Hirai: Yes, sir.
Mayor Suarez: Please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE CONCERNING FEES FOR CITY SERVICE AMENDING
SECTIONS 2-75, 2-83.1, 19-5, 19-178, 19-184, 19-260,
AND 19-516 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ESTABLISHING AND ADJUSTING FEES FOR ANNUAL
REINSPECTION OF BUILDINGS AND PREMISES; USER FEES FOR
THE USE OF EMERGENCY MEDICAL TRANSPORTATION SERVICES;
CHARGES FOR INSPECTION AND TESTING OF FIRE SUPPRESSION
AND DETECTION SYSTEMS; PERMITS FOR BLASTERS AND
PRECISION EXPLOSIVE DEMOLITION OF STRUCTURES; PERMITS
FOR DISCHARGE OF FIREWORKS; PERMITS FOR STORAGE OF'
FLAMMABLE OR COMBUSTIBLE LIQUIDS, AND PERMITS FOR
ASSEMBLY; SAID INCREASES BEING NECESSARY TO COVER
INCREASES IN OPERATIONAL COST; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 11, 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 Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10596.
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. BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING PUBLIC HEARING SET BY
METROPOLITAN DADE COUNTY ON JULY 11TH - regarding D.R.I. for Virginia
Key and Key Biscayne (See label 22).
Mayor Suarez: Item 13.
Mr. Plummer: Mr. Mayor, let me bring to your attention...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: ... something to the City Attorney and the Manager. Last night
on cable TV in watching the Metro Commission, they are having a meeting on
July the lath for a possible countywide DRI which would exclude the City's
authority. They are holding that meeting in particular, on Key Biscayne and
possibly Virginia Key, which we own a great deal. That meeting is July the
llth and I sure hope to God we are represented there to protect our interest.
That situation as was discussed last evening on the Metro Commission could
have very far reaching implications in the City of Miami so I hope that you
will definitely find out in advance what they're planning on doing and
definitely be there and protect the City's interest.
Mr. Guillermo Olmedillo: Shall be there.
Mr. Plummer: Well, find out in advance what they're doing. You might want
some of us of the Commission to be down there with you. Because the way I
understood it last night...
Mr. Odio: The way that I had understood it, Sergio Rodriguez was telling me
that they were talking about Virginia Key only, that...
Mr. Plummer: No, they were talking about - well, Barbara's here, she can
maybe tell us - but what they were talking about last night...
Mr. Dawkins: Barbara came for one item.
Mr. Plummer: ... was Key Biscayne, in particular, and the discussion is to
whether or not they were going to include Virginia Beach.
Mr. Olmedillo: That is correct.
Mr. Odio: We already got it - we are on record with the county and with those
people that we do not agree to that.
Mr. Plummer: Well, OK, I'm just saying, I don't want to turn or,. that
television when that matter is discussed and not see anybody from the City of
Miami there.
Mrs. Kennedy: I think Sergio has more information.
Mr. Rodriguez: We will give you a memo with information on what is being
r
proposed ahead of time so that if you want to give us
some direction and you
want to participate yourself on this, you know,
you car. give us some
directions on that.
Mr. Plummer: Well, let us know what's going on other
than just a short blurp
-
on the TV.
_
Mr. Rodriguez: Sure. No, we have a memo, it's just that the information_ that
we have, we had to wait until yesterday on the action
to give it to you. It
will be to you by the end of the week explaining to
you all the information
that we have.
Mr. Plummer: OK, they also spoke, by the way, to a
total DRI of all of the
=
unincorporated area. OK?
Mr. Rodriguez: An area wide DRI.
50
June-?, : 19$
.
-ZY
a "s
-----------------------------------------------------------------
21. AMEND RESOLUTION 88-763 - Designate Barbara Carey as Custodian of fund
balance in the Orange Blossom Classic Fund, replacing Garth Reeves.
Mr. Dawkins: Mr. Mayor, out of respect to our fellow Commissioner who...
Mayor Suarez: Commissioner.
Mr. Dawkins: ... has a busy schedule, I'll move to hear 36, please.
Mr. Plummer: I would hope that you would refer to her as was last night on
TV, Madam Mayor. Madam Mayor.
Mayor Suarez: Would Madam Mayor Carey, Barbara Carey, please come to the
mike?
Mrs. Barbara Carey: Good morning. I love that title but give me a few years.
Or maybe I'].1 give Commissioner Kennedy a run for her money for that - and
Mayor Suarez for that Congressional seat. Good morning...
Mrs. Kennedy: Not now, we're here on 36 only.
Mr. Plummer: That's our way of getting rid of both of them. I mean...
Ms. Carey: I'm sure many more people would appreciate that too, especially my
peers. Good morning, Mr. Mayor and Commissioners. I am here to make a
special request and I'm going to spare you all the verbiage that goes before
the request that I have to listen to. For over 50 years we've held the Orange
Blossom Classic in this community, a couple of years ago, the state gave us
some money to help us market and promote the classic. We've used that money
for the last couple of years and we have a balance of some sixty some thousand
dollars in that pot of money. We would like to request the balance of that
money to promote and market the classic for 1989. The classic is in October
of this year.
Mayor Suarez: You had told me...
Ms. Carey: ... we would like to get that money as quickly as possible.
Mayor Suarez: You had told me, Commissioner, that this would - that we had
somehow contradicted that proposal or that proposition in prior action and I'm
as confused as anybody. Commissioner Dawkins, do you know what we've done
that is in any way a contradiction of this?
Mr. Dawkins: There is no contradiction. What it is, is that at my urging,
because I didn't want any part of dealing with the money, this Commission
moved by resolution to let Garth Reeves be the custodian of the money and then
the Orange Bowl Festive committee felt that that was an insult to them because
they felt that we were saying to them that they couldn't handle the money.
And they asked if this Commission would make them the custodian of the $67,000
so that they could get on with promoting the Orange Blossom Classic. So I
told them I didn't think we had a problem with that. So...
Mayor Suarez: I take it the money wasn't actually transferred and it would
not require any actual undoing, just a new resolution?
Mr. Dawkins: Yes, we got a...
Mr. Odio: You have to, yes...
Mr, Dawkins: You got to rescind...
Mavnr Suarez: Right.
Mr. Odio: Rescind what you prior...
Mr. Dawkins: You got to rescind the previous motion and then vote.
Mayor Suarez: I was just thinking, there's no unsetting of an account or...
Ms. Carey: May I just....
Mr. Plummer: All right, let's get to the...
Ms. Carey: ...may I say something to that. I am the honorary chairperson for
the classic. The classic had been held in Miami for over 50 years, Tampa was
vying for the classic and they took it away for us for two years. With the...
Mayor Suarez: We're just trying to figure out, procedurally, Commissioner,
how to handle it, that's all.
Ms. Carey: Yes, I was just going to give you some history. With the help of
the new president three years ago, I brought the classic back to Miami. At
that time, Senator Meek and the Dade County Delegation moved to help us bring
the classic back to Miami by giving us some money. For the last two years, I
have been really the custodian of that money. However, each year we ask.two
people to actually do the day to day oversight and monitoring of that money
and spend the money. Last year it was Frankie Rolle and Brutus Hartley who
were presidents of the two chapters. The year before, it was another
gentleman. This year, Freddy Young is president, but I have told Commissioner
Dawkins that I will personally be the custodian this year and handle the money
since I'm honorary chairperson I will do that this year, if you've had some
problems with others in the past.
Mayor Suarez: Although the motion that we're about to pass is to have the
committee, but, obviously as the honorary chairperson, that would mean that a
lot of the duties would fall on you I gather. In fact, principle duties.
Commissioners, any problem with it? Commissioner Plummer.
Mr. Plummer: I have no problem with it but I think we have to also include in
the history, the reason why the money was passed through the City of Miami and
that was there were some problems and they were problems in accounting. And
when that was questioned is when the legislature would not give it directly to
the Orange Blossom Classic.
Ms. Carey: No... oh.
Mr. Plummer: Now, what I'd like to do is to get the City out from underneath
of it, that's what I'd like to do.
Mr. Dawkins: That's what I tried to do.
Ms. Carey: Commissioner, may I just respectfully correct you. That is not
the case. The county never had any of that state money. The first time the
state money was passed here, it was given to the City of Miami because it came
through the Department of Commerce. We never had any state money. Three
years ago was the first time the state ever gave us any money. And it came
through the City because of that.
Mr. Plummer: No, Barbara, I'm saying the state money that came through, which
is this money here that we're talking about the balance remaining, was
funneled through the City of Miami because we all remember there were some
problems. Justified or not, there were questions raised.
Ms. Carey: I beg to differ to you, sir. That's not the situation. The
questions were raised because of a situation that dealt with the president and
a person that he hired to take care of ticket money which was a separate
contract from this money. It had nothing to do with this money.
Mrs. Kennedy: How much is the balance?
Mr. Odio: No, this money was $250,000 and Carrie Meek, Senator Meek, got for
this particular through Jeb Bush right before the elections.
Ms. Carey: That's right,
62 June 7 ' 1989:
��
5
Aft
Mr. Odio: We got the money here and we have $62,000 in balance....
Ms. Carey: And we have never had any problems with this money.
Mr. Odio: We never had problems.
Mrs. Kennedy: The balance again is how much?
Mr. Odio: Sixty some thousand dollars.
Mr. Plummer: OK, the question I have is, why does the money come through the
City of Miami? Why doesn't the state just give it direct to the Orange
Blossom Classic?
Mr. Odio: Because we lobby for that money.
Mr. Dawkins: No, no. No, no, no.
Ms. Carey: Because it comes through the Department of Commerce.
Mr. Dawkins: Senator Carrie Meek got the money to promote the Orange Blossom
Classic.
Mr. Plummer: Correct.
Mr. Dawkins: The money could not be given to the Orange Blossom Classic. It
had to go from one state entity to another governmental agency and, therefore,
Senator Meek just happened to choose the City instead of the county. And
that's how we got to be the custodian of it. Had she chosen the county, then
the money would have... the state would have given the money to the county.
The state could not give this money to the Orange Blossom Classic, they had to
give it to another governmental entity to disperse it to the Orange Blossom
Classic and that's how we got involved.
Ms. Carey: Excuse...
Mr. Dawkins: Carrie Meek also sent some guidelines or what have you and what
we operated by.
Ms. Carey: That's right, I think she did it for a number of reasons and one
is because the classic is held in the City of Miami and she felt this should
come through the City and the other reason is, when you give money through the
Department of Commerce, I understand it has to come through to another
governmental agency and this was the agency. If you had sent it through GSA,
it would come through the county. But there were a number of reasons why it
came through and he's correct.
Mayor Suarez: We seem to all agree that it should not go through the City
anymore. It should go directly to the committee, so...
Ms. Carey: Well, I would love to have it come through the county and I'.11 ask
if they appropriate any more money...
Mr. Odio: I am sure.
Mayor Suarez: Thank you.
Mr. Dawkins: Let me say this for the record so the City Attorney will know.
This money is not given to anyone until expenditures are made, invoices are
submitted and bills are paid. Therefore, Mr. Garth Reeves has not had any
invoices submitted to him to submit to the City for payment.
Mr. Plummer: I'm assuming, in giving the balance of this account over to the
Orange Blossom Classic, that they, in effect, will come back to the City with
receipts of which the money was spent for to close out the account.
Mr. Dawkins: You can do it one or two ways. You could give it to them and
have them come back with receipts or you can give it to them for receipts,
that's to tally up the...
Ms. Carey: I would prefer...
Mr. Plummer: Well, they have to...
Mr. Dawkins: Wait, wait, Barbara, wait.
Ms. Carey: OK.
Mr. Plummer: ... according to the City Attorney.
Mr. Dawkins: Huh, huh? Say what now?
Mr. Plummer: The City Attorney said they have to do that.
Mr. Dawkins: Have to what now?
Mr. Plummer: Will have to come back and show the - demonstrate where the
=_
money was spent,
Mr. Dawkins: No, they have to give an audit. They give a final audit. I
mean, we can get a final audit.
Mr. Fernandez: We cannot totally divorce ourselves from the obligation that
we assumed with the state. When we receive the money f rom the state, the
-_
state will continue to look to us for proper accountability of this fund. So,
we may have whatever arrangement with the Blossom Classic that we may choose,
but ultimately, the City must accept responsibility as to the state for the
proper expenditure of these funds. They can perhaps do the middle management
and the ultimate management of it but they must report to the City and the
City must be satisfied.
x
Mayor Suarez: OK, we'll get a final audit is what you're saying.
Y
Mr. Dawkins: All Commissioner Carey's saying, I think - if I'm wrong,
Barbara, correct me - that the procedure has been the money - the
chairpersons, I mean the presidents of the alumni association know that they
got X dollars...
Mr. Plummer: To work with.
i
Mr. Dawkins: ...to work with. That money through - what department, Frank?
i
What department this money...
a
1
Ms. Carey: Community Development.
};
s
Mr. Dawkins: Community Development.
Mr, Odio: Department of Commerce.
Mr. Frank Castaneda: Department of Commerce.
'
Mr. Dawkins: This money is made available to Community Development, then
invoices are submitted to Community Development, Community Development pay the;
invoices and all requests, And all Commissioner Carey's saying. is that:
'
3
?
54June 7, 149
instead of Mr. Garth Reeves bring the individual to funnel these through,
funnel them through her, that's all she's asking.
Mayor Suarez: OK, I'll entertain a motion that will effectuate that.
Mr. Dawkins: Wait, did they pass the other motion, to rescind it.
Mr. Plummer: You got to rescind the first one.
Mayor Suarez: Call the roll on the first motion, please.
Mr. Fernandez: Mr. Mayor, perhaps instead of rescinding, what you could do is
amend that motion to change the name of Garth Reeves...
Mayor Suarez: I was going to just do a whole new motion...
Mr. Dawkins: Well, that's what we pay you for, to advise us.
Mayor Suarez: ... it doesn't really matter to me how we do it so since we had
the other one on the floor, we may as well rescind and then get the new motion
in...
Mr. Dawkins: All right, I'll be advised by the City Attorney, what should we
do, sir?
Mr. Fernandez: You should really be amending that original resolution taking
out the name of Garth Reeves...
Mayor Suarez: I'll entertain a motion so amending.
Mr. Plummer: So move.
Mr. Fernandez: and putting in the correct names.
Mr. Dawkins: Second.
Mr. Odio: On the record, it's resolution 89-260.
Mayor Suarez: Call the roll on the new motion, on the amending motion.
Mr. Dawkins: On the amended.
Mayor Suarez: The amending resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-539
A RESOLUTION A14ENDING SECTION 2 OF RESOLUTION NO. 88-
763, ADOPTED AUGUST 8, 1988, AS AMENDED BY RESOLUTION
NO. 89-260, ADOPTED MARCH 3, 1989, THEREBY DESIGNATING
BARBARA CAREY AS CUSTODIAN OF THE 'BALANCE OF MONIES IN
THE "ORANGE BLOSSOM CLASSIC" FUND IN SUPPORT OF THE
PROMOTION FOR THE 1989 ORANGE BLOSSOM CLASSIC EVENT TO
REPLACE GARTH C. REEVES WHO HAD PREVIOUSLY BEEN
DESIGNATED CUSTODIAN THROUGH THE ADOPTION OF
65 June 7, 19.$9
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Rennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you, Commissioner.
Ms. Carey: Thank you and good morning to all of you again and Commissioner. De
Yurre, good morning. Let me just ask...
Mr. Dawkins: You all got a thing going?
Ms. Carey: We're going to after this meeting.
Mayor Suarez: A special greeting, let the record reflect there was a special
greeting to the Vice Mayor.
Mr. Plummer: Who she thought was asleep.
Mr. De Yurre: I got her number. I got her number.
Ms. Carey: Commissioner Plummer, let me understand this because in the past I
have always been the honorary chairperson and custodian of the money. Last
year with your assistance, what you did was you appropriated $50,000 - a
$100,000 out of that budget for us to spend, for the classic. We got the
$100,000, we gave you receipts for every penny that we spent. This year I
hope that you're doing is giving us the balance and then we give you receipts
as we spend the money. Because we don't want to separate ourselves from you
as custodian of that money too from the state. We'd like for you to.be able
to know that that money is spent legitimately and that we are doing what we
are supposed to be doing with that money.
Mayor Suarez: Yes, that sounds like an adequate procedure. That sounds like
a very logical procedure.
Ms. Carey: So if you'll just give us the balance, we will spend it but we
will certainly give you receipts.
Mayor Suarez: I gather we can't just shrug off the responsibility by giving
it to you and that's what you're telling us and that's exactly right.
Ms. Carey: That's right. And thank you very much and I'd like to speak on
some other issues, if you don't mind.
Mayor Suarez: Thank you, Commissioner.
Ms. Carey: No, I won't do that, I won't take your time. But I did hear you
talking about the county as I walked in the DRI and all of that, so if you'd
like to ask me any questions, I'd be happy answer them while I'm here.
Mr. Dawkins: J. L., she said anything you want to know about...
Y.-
--------------------------------------------------------------------------------
22. (A) EXPRESS TO COUNTY COMMISSIONER BARBARA CAREY THE CITY OF MIAMI'S
DISSATISFACTION REGARDING UNREIMBURSED CITY EXPENSES - for providing
ambulance service through rescue - Commission requests County response.
(B) (Continued Discussion) DISCUSSION WITH COUNTY COMMISSIONER BARBARA
CAREY - concerning proposed public hearing concerning the County's
decision to explore having an areawide DRI which would include Key
Biscayne and Virginia Beach (See label 20).
Mr. Plummer: Yes, Barbara, we'd like you to know about our problem with half
a million dollars of the county obligation to provide ambulance service and
when we're providing the ambulance service through rescue, for some reason,
the county won't pay us. They'll pay Randle -Eastern and MediCar and all of
that $35.00 for every transport they make. We're transporting 13,000 people a
year...
Mayor Suarez: In the exact same circumstances, sometimes, actually in worse
circumstances.
Mr. Plummer: In the same circumstances, and we're asking the county to pay us
on a per rats basis - if we didn't transport them, you would have to pay for
the 13,000.
Ms. Barbara Carey: That's right.
Mr. Plummer: And we just feel that it's only fair that when we're doing it,
that we should be compensated just like the private companies, because we're
relieving you of that problem. I think it's hopefully something that you will
take up. .
Ms. Carey: I certainly will. I will take that back and you will get you an
answer from us.
Mr. Plummer: Would you give me one second?
Ms. Carey: Sure.
Mr. Plummer: On the DRI process that they spoke of last evening, the July
llth meeting is speaking to Key Biscayne and Virginia Key or just Key
Biscayne?
Ms. Carey: Key Biscayne and Virginia Beach.
Mayor Suarez: It must be the part of Virginia Key that are in the county's
jurisdiction, I would think.
Mr. Plummer: No, now that's...
Ms. Carey: No.
Mr. Odio: No, no, they mean the property that we own that they...
Mr. Plummer: That includes the Marine Stadium.
Mr. Odio: And the Virginia Beach area.
Mr. Plummer: And what is it that you're propose...
Ms. Carey: Well, what we're doing is, we're only asking to have a public
hearing and after that public hearing, then we will make a decision whether we
want to have an area wide DRI. But we cannot do that until there's a public
hearing. At that meeting then staff will recommend to us, give us their
recommendation as to whether they think an area wide DRI is necessary for that
area, Virginia Beach and Key Biscayne.
Mayor Suarez: OK, our Planning Director, I'm sure, will be there to tell you
that we ,have master planned Virginia Key and I don't know what sense it make
for another jurisdiction to try to do.a DRI that encompasses Virginia Key. I
don't know what projects anybody has in mind that would... certainly our
67 June 7,' 1989
master plan prescribes very, very limited use of Virginia Key and I don't know --
what sense it would make for a DRI to include Virginia Key and if...
Mr. Rodriguez: The only thing that I would like...
Ms. Carey: I think they're excuse me, I think what they're doing is taking
a look at impact of services on the entire area and they're going to take that
into consideration. There might not be any more area to develop there, but we
certainly... and you have master planned it, we certainly will consider as an
overall picture of Key Biscayne and Virginia Beach so I'm not saying that
we're going to do anything with that except that we want to hear - we want to
see the entire picture of that area.
Mayor Suarez: We probably would ask, I guess, that that be carved out of your -_
consideration now. Not to mention the jurisdictional aspects of this and, you
know, not getting into an argument back and forth and the two jurisdictions
we've planned extensively and it's very low intensity use, actually, that
we've proposed for it.
Ms. Carey: I think we understand that.
Mr. Plummer: Thank you.
Ms. Carey: Thank you.
Mayor Suarez: Thank you, Commissioner.
Ms. Carey: Thank you so much. Have a good day.
Mayor Suarez: Same to you.
------------------------------------------------------------------------------
23. RECEIVE, OPEN AND READ ALOUD
SEALED BIDS FOR N.W. 36TH STREET SANITARY
SEWER IMPROVEMENT (B-554-9).
---------------------------------------------------------------------------
Ms. Hirai: Mr. Mayor...
Mayor Suarez: Oh, I'm sorry, Madam City Clerk. Item, what is it?
Ms. Hirai: I gave you the...
Mayor Suarez: Thirty-one, eleven a.m.,
sealed bids...
Ms. Hirai: Thirty-one...
Mayor Suarez: .. N.W. 36th Street,
sanitary sewer improvement. t
Ms. Hirai: Yes, Mr. Mayor, these
are bids for N.W. 36th Street, sanitary
sewer improvement, project B5549.
First bid is from Lanzo Construction Co.,
total bid -. $1,084,790; next bid is
from Solo Construction Corp., their total r
bid is $1,501,800; next bid is from
Roenca Corp., total bid - $1,247,667.50;
Mayor Suarez: I hope to tabulate.
Ms. Hirai: Next bid is from Rocko Ferrera and Company, Inc., their bid Is
$1,493,022.50i next bid is from Mancon, Inc., total bid is $1,656,556.50; next
bid is from Douglas N. Higgins, Inc., total bid - $1,585,880; nextbid is from r
Mantel Engineering Contractor, Inc., total bid - $1,333,669.69. Mr. Mayor,
those are all the bids.
Mr. Plummer: Move to send them to tabulation.
>- r
Mayor Suarez: So moved. Do we have a second? Seconded. Call the roll.
68
FIR
The following motion was introduced by Commissioner Plummer, vho moved
its adoption:
MOTION NO. 89--540
A MOTION.TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS
FOR N.W. 36 STREET SANITARY SEWER IMPROVEMENT (B-
5549); FURTHER REFERRING SAID BIDS TO THE
ADMINISTRATION FOR PROPER TABULATION OF SAME.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
24. FIRST READING ORDINANCE: Amend Code Section 2-75 - Increase and redefine
required fees for zoning certificates of use to cover cost for
enforcement of the Zoning Ordinance and the South Florida Building Code.
Mayor Suarez: Item 13.
Mr. Odio: Amending the code with set fees for selling certificates of use and
increasing and redefining required fees to cover the cost of the enforcement
of the zoning ordinance and the South Florida building codes.
Mayor Suarez: First reading of the ordinance. Does anyone from the general
public wish to.be heard?
Mr. Plummer: Move it.
Mayor Suarez: Let the record reflect no one stepped forward. It's been
moved. Do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: Second. Read the ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2--75 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH SET 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.
1
i
... .. .
25. FIRST READING ORDINANCE: Amend Ordinance 6145, which established fees
for building, plumbing, electrical, mechanical (including boiler and
elevator) inspection permit and certificate fees - add new procedure for
collection of reinspection fees, increase permit fees and correct
various scrivener's errors - to cover cost for enforcement of the South
Florida Building Code.
Mayor Suarez: Item 14.,.
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Suarez: Commissioner Dawkins moves, Commissioner Plummer seconds. Any
discussion? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE -AMENDING SECTION 5 OF ORDINANCE NO. 6145,
ADOPTED MARCH 19, 1958, AS AMENDED, WHICH ESTABLISHED
FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL
(INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND
CERTIFICATE FEES, BY ADDING A NEW PROCEDURE FOR
COLLECTION OF REINSPECTION FEES, INCREASE PERMIT FEES
AND MAKING VARIOUS CORRECTIONS OF SCRIVENERS' 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 A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
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
26.
FIRST READING ORDINANCE: Amend Code Section 2-422 (International Trade f
Board) - add alternate
members, reduce required quorum, etc. - provide
method to dismiss
members who fail to attend meetings.
Mayor
Suarez: Item 15.
Mr.
Odio: Its amending
the code concerning the International Trade Board.
Mr.
Dawkins: Move it.
Mr.
Plummer: Question.
Mr.
Odio: By adding...
Mr.
Plummer: Alternate
members, would they be voting members in the absence
of
a, regular member?
70 .June 7,-1909
Mr Odio: I think what they're doing is... yes, and they are also changing...
Mr. Plummer- When why would you reduce the quorum or reduce the number of
votes to make a majority?
Mr. Odio: Well, I think what they're doing is first of all...
Mr. Plummer: You got five more members.
Mr. Odio: What they're doing is required quorum from nine to seven.
Mr. Plummer: That's not my point. How many members are there presently?
Mr. Odio: But, wait, they are reducing the affirmative votes required for
board action.
Mr. Plummer: I understand that.
Mr. Odio: From five to four.
Mr. Plummer: How many members presently...
Mr. Jorge Fernandez: Seventeen.
Mr. Plummer: ... on that board?
Mr. Fernandez: Seventeen.
Mr. Plummer: Seventeen, and you're telling me out of 17 members which you're
now proposing' to increase to 22 that they can't get...
Mr. Odio: No, no, no, these are alternates, I guess they will replace...
Mr. Plummer: But are alternate members, voting members in lieu of regular
members attendance?
Mr. Odio: I don't know.
Mr. Fernandez: Yes.
Mr. Plummer: OK. What you're, in effect doing, is increasing it from the 17
to 22 members. They can't get nine people present? Something is radically
wrong.
Mayor Suarez: Let's ask Commissioner Dawkins what his needs are.
Mr. Odio: Most of these people travel.quite a bit.
Mr. Plummer:
The point I'm trying to make is,
if you have 17 members...
Mayor Suarez:
And you can't get nine, maybe...
Mr. Plummer:
Roughly now, 50 percent only have
to show up to have a quorum.
Mr. Fernandez:
Mr. Plummer, the quorum is also
being reduced.
Mr. Plummer:
But why?
Mr. Fernandez:
I don't know.
Mr. Plummer:
You're telling me that out of
17 members,, you can't get 50
percent of them
to show up to have quorum?
Mayor Suarez:
What is the proposed new quorum?
_
y
Mr. Fernandez:
The proposed new quorum is seven.'
Mr. Dawkins:
Seven.
Mayor Suarez:
y
Can you work with nine can
y you
work with nine?
71
Jux � 74,49�St
777
7.
Mr. Dawkins Yes.
Mr. Fernandez: Present quorum is nine.
Mayor Suarez: Let's leave it nine, let's leave it nine.
Mr. Plummer: No, no, the point... you know, if these people, 50 percent of
them don't want to... are creating a problem and don't want to attend, let's_
get rid of them.
Mayor Suarez: Let's leave the quorum at nine and if we have any problems of
people just not attending, there's plenty of people that want to be members of
this board like any other board.
Mr. Plummer: That's right.
M
_
Mayor Suarez: OK, with that modification...
Mr. Plummer: Well, that and leave the majority vote at five. I mean...._
Mr. Fernandez: That's right.
Mr. Plummer: ... I have no problem adding five alternate members if you want.
Mr. Fernandez: So, also leaving five, an affirmative vote of five rather than
four.
Mr. Plummer: Sure.
Mr. Fernandez: OK.
s
Mr. Plummer: I'll so move it with those amendments.
�a
Mr. Dawkins: Second.
=
a
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
Mr. Plummer: I assume each one of us is going to appoint an alternate, is
that correct?
®"
Mr. Fernandez: Correct.
Mr. Plummer: Are there any alternates now?
Mr. Fernandez: No.
Mr. Plummer: OK, so we then, at the next meeting, each one will appoint an
alternate.
Mr. Fernandez: Correct.
Mr. Plummer: Thank you.
Mayor Suarez: Read the ordinance, please.
xg
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 Rosario Kennedy
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._
27. EMERGENCY ORDINANCE: Amend Code Section 62-78, "Membership" (Latin
Quarter Review Board) - Delete requirement that notice of vacancies be
published in a newspaper of general circulation.
Mayor Suarez: Commissioners, I have a quick question that's related to this,
not related directly but has to do with a memo I sent you and a proposed
ordinance for the Latin Quarter Advisory Board which previously had nine
regular and one alternate members and I am asking for you to consider making
that alternate a regular member so we can each appoint two and not have all
the hassles every year. Secondly...
Mr. Dawkins: So move.
Mayor Suarez: Thank you. And, secondly, not requiring the publication of
names in advance. which only cost money and then I find that my - well, my _-
nomination that you approved before, Silvio Diaz, who lives in the Latin
Quarter, wants to serve for the second time, is being told he doesn't qualify
and, thirdly, saying that the requirement of so many architects and so many
engineers be made not a mandatory requirement but just advisory so we don't
get into the issue of who has to appoint an architect and who can appoint
someone as Dr. Diaz who really wants to serve and will do a good job. Moved
and seconded.
Mr. Plummer: It's an emergency ordinance of what I have in front of me.
AM
Mr. Fernandez: Correct.
Mayor Suarez: It's an emergency ordinance - it doesn't have to be but it's in
part because we've already voted Dr. Silvio Diaz in and otherwise his status
is that the Commission resolution before is invalid, so I thought that it
would make...
Mr. Plummer:
roll.
Change the ordinance. Read the emergency ordinance. Call the
AN ORDINANCE ENTITLED"
AN EMERGENCY ORDINANCE AMENDING SECTION 62-78 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "MEMBERSHIP" (IN THE LATIN QUARTER REVIEW
BOARD), AS TO THE FOLLOWING SUBSECTIONS THEREIN:
AMENDING SUBSECTION (A) TO MAKE THE ALTERNATE MEMBER A
REGULAR MEMBER OF THE BOARD AND INCREASING THE NUMBER
OF MEMBERS TO TEN (10); AMENDING SUBSECTION (B) TO
ENCOURAGE, ALTHOUGH NOT REQUIRE NOR MANDATE, THAT
CERTAIN PRESCRIBED BOARD MEMBERS BE ARCHITECTS OR
ENGINEERS; FURTHER AMENDING SUBSECTION (C) TO ABOLISH
THE CRITERIA OF PARTICIPATION IN THE CIVIC AFFAIRS OF
THE LITTLE HAVANA COMMUNITY AS A QUALIFICATION TO BE A
BOARD MEMBER AND FURTHER AMENDING SUCH SUBSECTION TO
ABOLISH THE CATEGORY OF AN ALTERNATE MEMBER AND TO
PROVIDE FOR TEN (10) REGULAR MEMBERS ON THE LATIN
QUARTER REVIEW BOARD; AMENDING SUBSECTION (D) THEREIN
TO DELETE THE REQUIREMENT THAT A NOTICE OF VACANCY ON
THE BOARD BE PUBLISHED IN A NEWSPAPER OR GENERAL
CIRCULATION IN THE CITY OR IN THE LATIN COMMUNITY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance 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
NOES: None.
ABSENT: None.
----------------------------
28. (A) SET PUBLIC HEARING ON JULY 13, 1989 - to consider recommendations
made by Ad Hat Charter Review Committee.
(B) SET PUBLIC BEARING ON JULY 27, 1989 - to consider final resolution
regarding Charter amendment on the District Elections.
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes.
Mr. De Yurre: Before we move on to the next item, I was just handed a report
of the City of Miami ad hoc charter review committee a moment ago which is the
first time I see this and I think we're expected to act on this.
Mayor Suarez: I can't imagine that we would be. It's not even on the agenda. -
Mr. De Yurre: So this is not scheduled for today at all.
Mayor Suarez: We had not. We had previously charged the committee with the
periodic reports so if he was here to report, the chairman or the committee,
that this is their final report, they could do that. But if they do it in
writing as they've done to me, that's all we need to hear at this point.
Mr. De Yurre: OK, that's fine because I thought that once we got this handed,
they were supposed to do something with it today and...
Mr. Fernandez: .Well, you do have a certain timetable that you must observe.
I worked with the ad hoc committee for the past month...
Mayor Suarez: Does that timetable require any kind of action today or just
like their report to us which could be in this written...
Mr. Fernandez: Well, the committee, you gave them a life or an existence
through June the 2nd by which time they were supposed to have this report
prepared. This report, because of unforeseen circumstances, was delayed and
the preparation of it...
Mayor Suarez: That's fine, we got it today. What do we need to do next, Mr..
City. Attorney, if we're going to have something on the ballot in November? By
when do we need to act?
Mr. Fernandez: You need to instruct me to prepare a first resolution at
either today's meeting or the meeting of the 22nd because...
Mayor Suarez: It would make more sense the 22nd.
Mr. Dawkins: Yes.
Mr. Fernandez: ... by July the 13th or July the 27th, we must have a final
resolution.
Mayor Suarez: Now, on that issue, Commissioners, here's what we've done for'
June 22nd. If you remember, we scheduled a three --hour, which I think is a
little excessive, discussion... he's already interrupted before I can get a
chance to express my opinion, then you can express your's, Mr. Manager.
Mr. Odio: I'm sorry, I'm sorry.
Mayor Suarez: We proposed a three-hour Commission hearing on the issue of the
Dinner Key Marina. - I think, since you and I've talked, Mr. Manager, and we
gave the presenters a timetable of 15 minutes each for their proposal, there's:
;.
three of them, I... one possibility, Commissioners. Well, there's three that
Am
were recommended too that did and they also want to protest, I suppose.' One
possibility is to say, we will start on the 22nd at 9.00 a.m. and go till'
11:00 or even 11:30, if you so desire, on - that issue and then take up .the
issue of this committee's recommendations, Charter Review Committee, at that
time, at 11:00 or 11:30. Otherwise, we have a situation of having to have the
s
discussion on this in the afternoon, which I think. is 'as packed as-4t always,
is, but it's up to you.
,h
y
�l ., 75 uao .7.. 9
.)�
..._- .. 77
Mr. Plummer: I like the idea of Ft. Lauderdale paying their Commissioners
$48,000 a year, I think that's great.
Mavor Suarez: So we scheduled this matter for a Ft. Lauderdale hearing, at
11:00 o'clock that day we get helicopter rides.
Mr. Fernandez: Mr. Mayor, the only thing I want to make sure is that you =_
understand that no later than July 27th, unless you intend to call yourself
into a special session in the month of August, there must be a final
resolution.
Mr. Plummer: Well... -
Mayor Suarez: And for a final resolution you need two readings?
Mr. Fernandez: And, no, for a final resolution you need a first resolution
F
which is when you tell me on the basis of what you have discussed for the last
hour or two or three, however long you discuss it...
Mayor Suarez: Well, how many Commission hearings already scheduled do we have
after the June 22nd one? We have the first one in July and the second one in
'i July and we need to act finally at one of those two is what you're telling us.
Mr. Fernandez: Exactly. But you also need to act by instructing me to
E prepare a first resolution...
F
Mayor Suarez: And we ought to act on that on June 22nd at the latest.
`i Mr. Fernandez: Only according to how much or how long do you think it will
take you to deliberate and be able to give me specific instructions so that
Mayor Suarez: Which is what we're trying,to decide here. What the Commission
wants to do if to handle it at the end of the morning on the 22nd or...
a;
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: Yes, Mr. Vice Mayor.
Mr. De Yurre: I think, and I tend to agree with the City Manager that the
�'. Merrill -Stevens project, it's going to take all morning. I mean like every
just to argue or just to listen to those that were left out whether we leave
them in and then they're going to make their presentation, if we leave them
in. It'll take us to 12:00 o'clock, no question about it. That's number one.
Number two is, maybe what we can do is take the morning or as much of the
morning as we may need for this issue which, I think, it's of quite import to
the City of Miami and give that pretty much the same situation we're giving to
Merrill -Stevens. Give it the morning of July 13th and then we can have a
second reading on the twenty whatever.
:l
Mr. Odio: The problem is, on July 13, it's a regular Commission meeting and
you do...
Mr. De Yurre: I know. Can we take then part of the items that are not heard
on the 13th and move them up to the morning of the 27th and we still cover
that month, the items?
Mr. Odio: Yes, I'll ask to do that because we don't have any meetings in
August and it would really back up the.., because we are leaving items off,
you know.
4,
Mayor Suarez: How about...
Mr. De Yurre: Whatever we don't do on the 13th,
we pick it upon the 27th i
the morning.
Mayor Suarez: What is your estimate of how much
time we might need to.go over,
tt
what to, would we put on the ballot?
_
Mr, :De Yurre:. I'm juat<going through all these
gowers that the Mayor°s going
'.
to get and I need to get some clarification. -
F
76
i
.;77-7 � . _ A
Mayor Suarez: Well, that will be resolved in a couple of minutes.
Mr. De turret Yes, real quick.
Mr. Plummer: Weil, but I am also assuming, Mr. Mayor, that whatever time we
set aside is going to be declared as a public hearing.
Mr. Fernandez: Correct.
Mr. De Yurre: Sure.
Mr. Plummer: You've got to do that.
Mayor Suarez: Well, I'm not...
Mr. Plummer: And you know that Xavier Suarez is going to be here as he was
before talking for quite some time. So I don't think it's not the...
Mayor Suarez: Xavier Suarez.
Mr. Plummer: ... matter, that's just a discussion among us.
Mr. Fernandez: There is no...
Mayor Suarez: I'll be here but, I mean, if there's another Xavier....
Mr. Fernandez: There is no...
Mr. Plummer: I'm referring to four years ago when Xavier showed up as part of
the public to chastise the present Mayor.
Mayor Suarez: Listen, some of that stuff that was left over from that....
Mr. Plummer: No, what I'm saying is, you've got to set aside sometime for the
public to give their input. It's not just us, the Commission, deciding the
factor without hearing from the'public. I think we've got to set aside...
Mayor Suarez: What is your estimate? Anybody want to try a time estimate and
a proposal on when to handle?
Mr. Plummer: I'd say a whole morning has got to be set aside, whenever you do
it.
Mrs. Kennedy: Whole morning. Absolutely.
Mayor Suarez: Do I hear somebody replying back there somewhere or is that -
could you keep an eye on who ever it is back there that's, officer, that's
kind of making...
Mr. De Yurre: I think it's Jack Campbell.
Mayor Suarez: I think it's our Planning Director, is that? Who is he with
back there?
Mr. De Yurre: Well, no, we can pick up what's left over the morning of the
27th.
Mayor Suarez: And, of course, we can always do that too. We had not _
anticipated having a morning session on the 2nd of July meeting?
Mr. Odio: No, we had not.
Mr. Plummer: Well, we could pick it up there. We could pick up the regular
agenda portion on that morning.
Mr. Fernandez: But keep in mind also on the 27th then, you will have to
dedicate some time to passage of the final resolution.
Mayor Suarez: Right. Hopefully, we'll get it out of our system, whatever
we're going to do mostly in the first session and be ready to vote.
Mr. Plummer: I think, Mr. Mayor, so that we're not accused at either one of
those meetings or the time set, Mr. Manager, it behooves you to actually go
and start setting some numbers to these different proposals. As I have - yes,
you. As I have seen the recommendation of the ad hoc committee, let's just
assume that that's where we come out. There is then an additional five City
Commissioners involved. Excuse me. That's what we need to know from you.
What is the cost factors that are involved on any of these items that have
cost factors?
Mr. Odio: But how do I know what you are going to pay the new Commissioners =_
and the new -- and the Mayor and...
Mr. Plummer: That's easy to do. No, according to this, if we went and, as I
understand this document, the Commission would set its own salary.
Mr. Fernandez: Correct.
Mr. Plummer: I can't agree with that but that's what is proposed here.
Mr. Odio: How can I cost it out if I...
Mr. Plummer: You can't. If the Commission sets X number of dollars it's _-
multiplied by nine, that's easy to do. But I'm thinking is, that you've got
to come up with any item in this book that could have a cost factor, we need
to know those cost factors when we're making this discussion.
Mayor Suarez: Well...
Mrs. Kennedy: Like Commissioners' budgets, you know that, there's some...
Mayor Suarez: Yes, I think he's thinking more of a Commissioners' budgets -
the cost as opposed to compensation, which the Commission may or may not...
Mr. Plummer: Also be the Mayor's budget.
Mayor Suarez: Yes. _`-
Mr. Plummer: OK? Because you're then, in this proposal...
Mayor Suarez: Yes, Commissioners and...
Mr. Plummer: ... that office is separate and aside and eliminates, somewhat,
the Manager's office.
Mr. Odio: No, and I have to move you out of your office. I need half of
it...
Mr. Plummer: You can go to hell in a hand basket too. Now, I'm just saying
so we're not coming up on that day and saying...
Mayor Suarez: Can we limit this estimate so
discretionary things to expenses...
Mr. Plummer: Exactly.
78
_--------
Mayor Suarez: Estimate it.
Mr. Plummer: We know, for... each Commissioner's budget right now is what?
Mr. Odio: A hundred some thousand.
Mr. Plummer: No, each budget.
Mr. Odio: Yes, three hundred thousand, isn't it?
Mr. Plummer: OK, I don't agree with that, but let's just use that number. We
know that if there...
Mr. De Yurre: Three hundred thousand? Where do you get three hundred
thousand from?
Mrs. Kennedy: No.
Mr. De Yurre: A hundred and eighty, around there.
Mrs. Kennedy: A hundred and fifty, isn't it?
Mr. Odio: I don't remember.
Mayor Suarez: The Mayor's budget is three hundred and something.
Mrs. Kennedy: Yes, a hundred and fifty.
Mr. Fernandez: Hundred.
Mr. Odio: The Mayor's budget is a hundred and seventy five.
Mr. Plummer: Oh, no, no. Our budgets are higher than that. Our budget is
one seventy-nine or one eighty-six.
Mr. Odio: I'm sorry, one seventy-nine. One eighty-six.
Mr. De Yurre: One, yes, around there.
Mr. Plummer: But there's a lot of stuff that's not included in that.
Mr. Odio: Yes, I know, that's why...
Mr. Plummer: OK, that's why I'm saying that you've got to come with a
realistic number what we would know that each - look, do it this ,.ay. Each
additional Commissioner would represent X number of dollars. Because the
public's going to want to know that.
Mrs. Kennedy: Right.
Mr. Plummer: Do they want another million dollars worth of Commissioners?
Now, the thing that I see that's going to be the...
Mayor Suarez: And I'll ask for a corresponding estimate of what it might save
the City not to have a City Manager's office.
Mr. Plummer: OK, hey, that' fine, but I'm saying, in the area that numbers
can be or should be attached, I'm asking the administration to have those
numbers prepared that day so that we're not being accused of saying, hey, Mr.
Manager, go get us the numbers so we can decide and delay. I'm saying, doing
it in advance.
Mayor Suarez: And, I guess, your request to put a little bit more of a
constraint on us so it makes more sense, it doesn't leave too much discretion,
is based on the assumption of a present staffing and expenditure level
because, conceivably, a Commission might want to, for nine Commissioners, move
j in a whole different direction, the same as they might for the Mayor. OK.
Mr. De Yurre: The other thing that I need also is, Mr. Manager, is the break
up of these districts. I'd like to have the makeup, the ethnic makeup of the
voters.
79 Juno 7, 1989
�b _
Mr. De Yurre: Of the voters?
Mr. Plummer: Yes.
Mr. De Yurre: Or just the...
Mr. Plummer: Yes.
Mr. De Yurre: Where's it at7
Mr. Plummer: It's in the very back. They broke down the precincts. You have
it already.
Mr. De Yurre: Is it there?
Mr. Plummer: What the representation in each precinct and what the numbers
are.
Mr. De Yurre: Back here?
Mr. Plummer: Victor, it's already been handed to it, maybe I thought it was
in this book.
Mayor Suarez: What are we doing on timing, I'm sorry?
Mr. Plummer: They're using tracks here, I'm sorry. We have it though, the
City Attorney forwarded it to us each precinct breakdown in a package.
Mr. Fernandez: I can make it available to you again.
Mr. De Yurre: OK, thank you. OK, then, we're going to meet the 13th, general
agenda, all day till 6:00 o'clock. Then, from 6:00 on in the evening so that
whoever wants to come and speak on the issue can appear, we can set that time
aside for this issue about the districting. And then we can pick it up on the
27th in the morning, the second reading. That's my motion.
Mr. Plummer: Fine.
Mayor Suarez: What are we doing on... what was that issue?
Mr. De Yurre: Six o'clock...
Mr. Plummer: We're setting aside, as I understand it, the meeting of the
13th, the morning of the 13th, is that...
Mr. De Yurre: No, the evening, the 6:00 o'clock...
Mayor Suarez: He's proposing the evening, the 6:00-9:00 portion so we get
regular items done in the morning.
Mr. De Yurre: , . because I think it might be better. People may chant to
appear.
Mr. Fernandez: I would only like to caution you, Mr. Mayor, that in the...
one of the possible scenarios would be that you would decide on your meeting
of the 13th to considerably change - let's say, just for the sake of argument,
that you will, in fact, adopt this plan. This would entail, then, and you
would barely be giving me, if you expect me to meet the five day rule, you
would be giving me less than five working days for me to turn around and, in
fact, mark out the entire charter because the entire charter is affected by
the changes proposed here.
Mayor Suarez: That wouldn't be because of the five day rule. If you had
you just posited -the hypothesis of us asking you to provide the resolution,
the appropriate resolution based on this report, let's say we followed that,
y
that's what you just said. The five day rule wouldn't .apply in a situation
like that because they've had this since now. Now, your point is otherwise
well taken that we do have a very, you know, short span of time in which to
get all, of this done from the meeting of the 13th to the meeting of the
twenty - whateverit is. And the Commissioners aware of, that, Mr. City.
so June 7,,1989
Attorney. I don't know what else to say. We're up against a deadline. You
might want to propose some alternative ones, maybe talk to the Commissioners
and start drafting things if they don't like the one being proposed or
modifications of it. How about that? You know, start talking to the
Commissioners. Have one based on the recommendations and have a Plan B, Plan
C, Plan D if the Commissioners give you input. You can have some things In
advance for us.
Mr. Fernandez: All right, that's a sense of direction that I wanted to get
from you because that would certainly then facilitate our work. Right now, we
have gone ahead and put the entire charter in our word processing so that, you
know, we can...
Mayor Suarez: Ah, we got the charter in the word processing. Maybe we'll
clean up things like the ones that we were talking about before about somebody
having to be active in the Latin community. I got a kick out of that when I
saw it in the ordinance.
Mr. Plummer: And now we'll have a request from the Law Department for more
computers.
Mr. Fernandez: No, no, no, no. You've already given plenty. OK, so..
Mr. De Yurre: We may require the Mayor be an attorney then we can do away
with the Legal Department and then...
Mr. Plummer: Hey, that's a damn good idea.
Mayor Suarez: We could require the Mayor be a funeral director then have any
more funeral homes anywhere.
Mr. Dawkins: Oh, oh.
Mayor Suarez: We're going to eliminate competition, right?
Mr. Dawkins: At least you'd make more money than you make as Mayor.
Mayor Suarez: Well, he won't allow me to get a license, I'm sure. Listen, as
far as the timing now of this debate. When do you want it? Do you want it in
the morning or you want it in the afternoon? Your argument was that it made
more sense in the morning?
Mr. Plummer: The problem that you have is, if you started in the evening, you
could be here till 1:00, 2:00 o'clock in the morning.
Mr. De Yurre: Well, it stops at nine, just like we were going to stop....
Mr. Plummer: No, that's not the policy. The policy is the last item is the
last item so if you start the item prior to...
Mayor Suarez: Six to nine is three hours in addition to the hearings we've
had, a total of three hearings in the communities in addition to the second
set of hearing that we'll have July the 2nd meeting in July?
Mr. Plummer: It's all right with me. I got to be here either time.
Mayor Suarez: OK, let's go for 6:00 p.m. I think that makes sense. That way
we have a more open end. Some Commissioners might walk out at some point that
day, I suppose.
Mr. Plummer: OK.
Mayor Suarez: He's yawning already and we haven't even gotten there. But it
might be that kind of a meeting. For'6:00 p.m., July...
Mr. Fernandez: Thirteenth.
Mayor Suarez: ... thirteenth, I'll entertain a motion.
it R
L
=
Mr. Plummer: Second.
e
Mayor Suarez: Seconded. Any
discussion?
Call the roll.
Mr. Plummer: I get to set my
own salary.
The following motion was
introduced
by Commissioner De Yurre, who moved -
its adoption:
'-
=,
MOTION NO.
89-541
A MOTION SETTING THE, DATE OF JULY 13, 1989, AT 6:00
P.M., TO HOLD A PUBLIC HEARING FOR CONSIDERATION AND
POSSIBLE ADOPTION OF RECOMMENDATIONS MADE BY THE AD
HOC CHARTER REVIEW COMMITTEE, AS MORE FULLY OUTLINED
IN ITS REPORT PRESENTED TO THE CITY COMMISSION ON THIS
DATE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Mayor Suarez: I can see that there's going to be one item you're going to
vote for right away which to get your...
Mr. Plummer: I assume that we, the Commission, are empowered to either modify
or go beyond what is here.
Mr. Fernandez: Of course.
Mayor Suarez: Yes.
Mr. Plummer: OK.
Mr. Fernandez: This is merely a recommendation.
Mayor Suarez: That's what I was saying that maybe, if you give input to the
City Attorney on alternatives, he could draft, in advance one that mirrors the
recommendations and a couple of alternatives.
Mr. Fernandez: I will. Now, for July 27th, would you like to set up a
special time in which you will consider the final resolution then?
Mayor Suarez: OK, July 27th, they would make sense to then try it in the
morning then, at 9:00 a.m.
Mr. Plummer: Nine a.m.
Mr. Plummer: Well, I think you ought to do it just to give a tentative.
Mayor Suarez: Please, yes, and we can always change it.
Mr. Fernandez: That's right.
Mayor Suarez: OK, I'll entertain a motion on that.
Mr. Plummer: So move.
Mr. De Yurre: Second.
Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-542
A MOTION SETTING THE DATE OF JULY 27, 1989, BEGINNING
AT 9:00 A.M., TO HOLD A PUBLIC HEARING FOR
CONSIDERATION, REVIEW AND POSSIBLE ADOPTION OF A FINAL -_
RESOLUTION IN CONNECTION WITH A PROPOSED CHARTER =_
AMENDMENT ON THE DISTRICT ELECTIONS ISSUE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
29. (A) FIRST READING ORDINANCE: Amend Ordinance 10521 - Establish project,
"Solid Waste Expanded Facilities".
(B) DIRECT MANAGER TO DEVELOP SYSTEM FOR RETRIEVAL OF NEWSPAPERS FOR
PURPOSES OF RECYCLING - by Solid Waste Department.
Mayor Suarez: Item 16.
Mr. Odio: This is amending the CIP (Capital Improvements Projects) ordinance
by establishing project solid waste ex...
Mr. Plummer: Put a fence around...
Mr. Fernandez: It did not pass.
Mr. Odio: ... the security fence around the solid waste facilities.
Mayor Suarez: I'll entertain a motion on the ordinance.
Mr. Plummer: Oh, we've got to protect them from themselves.
Mr. Dawkins: I second it and under discussion...
r
Mayor Suarez: Moved and seconded. Commissioner Dawkins.
Mr. Dawkins: How much fence and how much building can you get for $25,000?'
That's my concern.
Mr. Odio: Well, that's the quotes that we have, Commissioner.
Mr. Odio: That's the quotes that we have, I'm...
Mr. Dawkins: OK, but no, no, no, I didn't ask you - I want to know what
you're going to do? You tell me you're going to build a building - I mean,
expand a building - and you're going to put up fencing. Now, from the looks
of the yard, $25,000 is only going to put the fence around it. So, you know,
you're not going to get much of a building, I mean, somewhere - all I need to
know is what you're doing, that's all I need to know.
Mr. Joseph Ingraham: It's a very minimal remodeling of our storage area which
is called box from my back. We need to take out a wall and expand it so that
we can store stuff that we have scattered everywhere inside. That will call
for the removal of a wall and putting in a new door. The fencing we're
talking about approximately 75 feet of fence on the inside to secure the waste
containers that we have.
Mr. Dawkins: You talking about wrought iron fence, I hope.
Mr. Ingraham: Yes...
Mr. Dawkins: You're not talking about this wire fence that's going to come
down in a couple of days.
Mr. Ingraham: Well...
Mr. Dawkins: You see, that's what I'm talking about, we're spending money
foolishly, Mr. Ingraham. Let's do the job, you know, put something up there
that's going to be substantial and don't put no aluminum now.
Mr. Ingraham: That can be sought, Mr. Commissioner.
Mr. Dawkins: Aluminum won't stay.
Mr. Plummer: Not for $25,000 you can't.
Mr. Dawkins: OK, I just wanted to know what you were going to do, that's... I
don't see you doing anything, but you're the director.
Mr. Ingraham: Thank you, Mr. Commissioner.
Mayor Suarez: I think the director is looking particularly prosperous too.
Things must be going well in that department.
Mr. Plummer: Are you proposing any increase in the garbage fee for this
coming year's budget?
Mr. Ingraham: You'd have to discuss that with the City Manager, I am...
Mr. Plummer: Mr. Manager, are you proposing any increase in the garbage fee
for this upcoming budget?
Mr. Odio: No, sir.
Mr. Plummer: Are you proposing to go from back yard pick up?
Mr. Odio: No, sir.
Mr. Plummer: Mr. Manager, you're going to go broke.
Mr. Odio: No, sir. I will not go
broke.
However, I do
want to
pass an
ordinance that I'm drafting that will
protect
the City from
increases
that we
have no control over from the county.
Mayor Suarez: Do a pass through of some sort?
Mr. Odio: Well, we pay them eight and
a half,
nine million
dollars a
year, .I =_
believe, in transfer fees.
Mr. Dawkins: Dumping .fees.
g,.
Mr. Odio: And they're making noises
they are going to increase two
million'
dollars this year and then I have no
control over that. We
need to pass that
on.
84
June
7,989
{
Mr. Plummer: Let me, and I don't think I'm letting the cat out of a bag, the
Manager spoke to roe about the possibility of setting a realistic garbage fee
with a built in escalator annually that people won't argue about. They '11
know right from day one and we don't have to have the continuous hassle up
here about garbage fees and I personally think it's a good idea. That way,
you know exactly, you can project what you're doing and what you're not doing.
I still, for the life of me, can't understand how the county is charging
$320.00 a year?
Mr. Odio: Yes, sir.
Mr. Plummer: For front yard pickup, central location for a dump and we're
surviving under $160.
Mayor Suarez: Have we considered - talking about the recurring issues of the
county - have we considered with the county entering into a joint cooperation
agreement where they'll have a high level staff person here at all our
meetings and we'll have a high level staff person at all their meetings? I
mean, here we have all kinds of questions for the county and, again, no one
here.
Mr. Odio: No, but we know - we talk constantly with the county solid waste
people. They have...
Mayor Suarez: But that's staff to staff, I mean, the Commission might want to
have somebody here that can answer some questions. Go ahead, Mr. Manager.
Mr. Odio: The answer is, yes, they are charging three twenty, they have front
yard pickup. We have much better services than they provide. If we can
control the...
Mr. Dawkins: Dumping fee. The dumping fee is our problem.
Mr. Odio: The dumping fee is my problem. If I could get rid of it.
Mr. Dawkins: That's the problem. We need to get with the City and the County
and make them lower the dumping fee.
Mr. Odio: Commissioner Plummer, seriously, I went into the - I analyzed the
front yard pickup and to bring to you a one and a half million dollar savings
or two million dollars, I never do that. I don't think it's worth it.
Mr. Plummer: What did they increase the garbage tonnage to this year?
Mr. Odio: No, they are threatening that we're going to get an increase that
could mean two million dollars more from my budget which that...
Mayor Suarez: Do you have it in terms of tons which is what he's asking?
From what to...
Mr. Odio: In tonnage, I - what was it? -$8.00 a ton or something? About
$8.00 a ton.
Mr. Plummer: Whoa, whoa, that's the increase.
Mr. Odio: Increase...
Mayor Suarez: Give us the two figures.
Mr. Plummer: That would go from... we're paying thirty-six...
Mr. Odio: Thirty-five...
Mr. Plummer: Thirty-six, that's...
Mr. Odio: Thirty-six, thirty-six.
Mayor Suarez: Thirty-six to forty-four.
Mr. Plummer: And we're proposed to go to forty-four...
85
Mr. Odio: Sure.
Mr. Plummer: ... and five years ago we were paying what? -$4.00 a ton?
Mr. Odio: Four. It went from four...
Mr. Plummer: They have gone eleven, almost, at this point, eight fold and are
proposing to go to eleven -fold.
Mr. Odio: That's what we need to do some automatics, in other words, if we
get an increase, we have no control and we cannot absorb, we should pass it on
immediately.
Mayor Suarez: But the other possibilities that Commissioner Dawkins is also
hinting at is that we're going to have to establish some procedure with the
county where they can't just do this arbitrarily without even...
Mr. Plummer: Well, they do.
Mr. Odio: They have the right, they have that right and they also have the
right, I...
Mayor Suarez: We have no legal recourse whatsoever, none, zippo?
Mr. Odio: No, I'm looking at recycling though. We were working on recycling
and if I can do my own recycling and then that will take tonnage away from
them.
Mayor Suarez: You know, I think...
Mr. Odio: OK.
Mayor Suarez: I think, when we get into recycling - when do all the
requirements of 25 or 30 percent recycling go into effect?
Mr. Odio: 1994.
Mayor Suarez: You know, I think that by the time all of that goes into
effect, J.L., I think that we'll have to explain and educate the neighbors to
the fact that if they're going to have to separate and segregate all of that,
they may as well, if they want a better system that works better for them and
saves us a lot of money, start preparing themselves for front yard pickup.
Because if they're going to have to segregate it anyhow...
Mr. Odio: Well, we don't need front yard pickup, they can segregate it in the
back.
Mr. Plummer: Yes, but you see, let me tell you, I came and this is an
argument between Cesar and I. Jack Gordon came to me with this plan about the
newspapers. I still have not seen anything on the side of the garbage trucks
to remove newspapers, which I understand and I don't know, that it is 30-40
percent of your tonnage is newspapers. Jack Gordon gave a proposal in
Lakeland, I believe it was...
Mayor Suarez: Is that a fair statement, if I can interrupt you for a second.
Is that a fair statement?
Mr. Ingraham: It's approximately 20-25 percent of the total waste drain...
Mayor Suarez: It's just newspaper?
Mr. Ingraham: Of paper, period.
Mr. Plummer: OK.
Mayor Suarez: How about other paper?
Mr. Ingraham: Total paper, right.
Mr. Plummer: All right, let me...
Paper generally?
Mr. Ingraham: It's plastics and your metals, phosphorus metals, aluminum and
newspapers, those are basic recycles.
Mayor Suarez: Do we have an estimate of what those add up to in terms of the
total tonnage of pickup?
Mr. Ingraham: The total tonnage, you're looking at approximately 40-45
percent of the waste stream.
Mr. Plummer: Yes...
Mayor Suarez: Well, that's a good point then. That's where you're headed,
right?
Mr. Ingraham: Twenty percent being paper.
Mr. Plummer: Let me finish this, all right, because it's something and I, for
the life of me, don't understand why it isn't implemented. Whatever it is, if
it's 25 percent is newspapers, the city of Lakeland established and built a
simple rack on the side of the garbage truck. They took all of the newspapers
out and put in that and sold the newspapers to a paper company. That money
was established in a fund for scholarships for the kids of the sanitation
workers.
Mayor Suarez: Which newspapers were they that they were...
Mr. Plummer: Kids of the sanitation workers.
Mayor Suarez: Which newspapers were they that they could sell?
Mr. Plummer: Well, that's; you know... the point I'm trying to make, Mr.
Mayor, what are we paying right now?
Mayor Suarez: Miami Today, I'm sure, would bring a good price.
Mr. Plummer: What is our total cost of tonnage a year?
Mr. Ingraham: Eight point nine million dollars.
Mr. Plummer: OK, call it eight million for round figures...
Mr. Ingraham: Nine.
Mayor Suarez: No, eight point nine.
Mr. Ingraham: Eight point nine million dollars.
Mayor Suarez: Nine million.
Mr. Plummer: But, for round numbers, let me use eight.
Mayor Suarez: Why do you want to round it out to eight and not nine?
Mr. Plummer: Twenty-five percent.... because. they won't get all newspapers.
All right? Here is where you have the opportunity to save the taxpayers two
million dollars and establish a fund for the sanitation workers of
scholarships or whatever else of two million dollars. Give the money to them!
Mr. Odio: Why didn't you...
Mayor Suarez: Give them an incentive.
Mr. Odio: We are doing something, let him tell you what we're doing.
Mr. Plummer: Where are the racks?.:
Mayor Suarez: Yes, I'm not sure that the entire should go into the
scholarship fund, but certainly some incentive to the workers should be built
in.
87 June 7,:1989. ,
4
Mr. Plummer: For every dollar we put in the fund, we save a dollar.
Mr. Ingraham: Mr. Commissioner, you have not seen racks added to the truck
for a number of reasons, but we have established a pilot project to test that
and you're correct. Also, we went a step further and we're preparing...
Mr. Plummer: Joe, why are you recreating the wheel? Why don't you go to
Lakeland, who's had this successful program going for years?
Mr. Odio: Have you been in Lakeland?
Mr. Plummer: No.
r
Mr. Odio: It's the size of Coconut Grove. I mean, come on. This is a
different city. We have to apply it to what we have here.
Mr. Plummer: With the kind of attitude, Mr. Manager, we ain't going to get
anywhere.
Mayor Suarez: And I want to say, the last director of the department, when we _
told him about a whole new system of picking up the garbage said, it cannot be
done, we've doing it a different way for 20 years and he is no longer the head
of that department and I'm glad that that decision was made. Now, _=
Commissioners talking about something that is being done in another city
successfully. v
Mr. Odio: We are doing it. We're doing it, Mr. Mayor.
Mr. Ingraham: .... give me an opportunity.
Mayor Suarez: They have the racks, they start educating the residents to the
fact that they have to begin segregating the stuff.
Mr. Plummer: No, no, no, no.
Mr. Odio: You don't have...
Mr. Plummer: The handlers of - the toters, I guess, is the proper word, the
toters do the separation for the extra effort that they put out, their
children in scholarships are the recipients of X number of dollars.
Mayor Suarez: If you get the stuff in bags, it's going to be very difficult
to separate it if the resident...
Mr. Ingraham: Mr. Plummer...
Mayor Suarez: ... wait, wait, Joe, if the resident hasn't already begun the
separation process.
Mr. Dawkins: I think the residents would bundle up newspaper...
Mr. Ingraham: Exactly.
Mayor Suarez: I think they would.
Mr. Dawkins: ... and put it out in a bundle and all the guy got to do is pick
it up.
Mr. Plummer: Fine, but nothing's being done and I brought this up a year ago.
Mr.
Ingraham: Mr. Plummer.
®
Mr.
Dawkins: Well, make a motion. That
ain't nothing unusual here.
_
Mr.
Ingraham: What we have done in reference to your request was to look at
®
the
feasibility of adding the racks and
the cost. We went ahead not to do
that
but to do it in the form of a pilot
study. And you have...
® t
r
Mr.
Plummer: Joe, that's a year ago.
e'
88 June 7, 1989 v
Mr. Ingraham: you have coming before you, a resolution that will deal
with the education aspect based on $623,000 that we've applied for under the
state funds for recycling. The resolution coming before you will give us the
ability to start the education aspect of that that you talked about. Also...
Mr. Plummer: Joe, the Manager this morning fought for a half hour to try to
get a $157,000 of revenue and he chastised us for two months and here, over a
year ago, we had the potential of saving two million dollars.
Mr. Odio: It isn't two million, Commissioner, we did a test on recycling and
we think we are going to save next year's budget that I already saw, we're
saving $500,000.
Mr. Ingraham: No problem, we could do that.
Mr. Odio: Now we're...
Mr. Plummer: Somewhere the numbers are wrong.
Mr. Ingraham: Commissioner Plummer...
Mr. Odio: Yes.
Mr. Ingraham: ... I can provide to you today a copy of what we have planned
in that particular regard as far as our application is concerned. You'll have
that in the next ten or fifteen minutes. And more so, we're going to bring a
resolution before the Commission for your review and hopeful approval to
outlaw waste paper within our waste stream where citizens will be required in
the City of Miami not to allow newspaper to go in the garbage.
Mayor Suarez: OK, let me ask about that.
Mr. Ingraham: Well, they will have to bundle, it and set it next to the
garbage.
Mr. Dawkins: But how - you can't enforce a damn... you can't enforce nothing
we have now, Joe, so how we going to punish them if they put the newspaper in
their garbage? How we going to....
Mayor Suarez: Well, wait, he's suggesting and you're suggesting the poss...
we were discussing the possibility of outlawing on the one hand, on the other
hand, he's suggesting an incentive to the guy picking it up so that between
the citizens and the toters, you know, one has an incentive, the other one has
a negative incentive, it might work.
Mr. Dawkins: Let's see if we can get this done, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: J. L. made a suggestion.
Mayor Suarez: Right.
Mr. Dawkins: I make a motion that the Manager be directed to either put
something on top of the garbage trucks in which to put waste newspaper or
develop some means of putting waste newspaper and we collect it and we ask the
citizens to bundle it up and set it out there and it don't take nothing but to
put four little things up at the top and throw it up on the top and give the
work to that. I make a motion.
Mr. Ingraham: In all due respect, Commissioner Dawkins, we have a plan that
I'd like to put in your hand that addresses exactly that and...
Mr. Plummer: When?
Mayor Suarez: OK, well that...
Mr. Ingraham: Give it to you right now, sir.
Mr. Plummer: It's been a year!
Mayor Suarez: Joe, the motion will get the machinery of government.... '.
89
Mr. Ingraham: Might here.
Mayor Suarez: ... moving so that we get the responses we want. I'm sure if
it's found, that that simply cannot be done, you'll tell us that. But we're
gbing to try it, we're going to try to look to do what's been done in other
cities and we're not making any final action on it. We're asking the Manager
to look at that and directing him to consider that option.
Mr. Plummer: I second Commission Dawkins' motion.
Mayor Suarez: So seconded. So moved and seconded.
Mr. Dawkins: The motion is to direct the Manager to develop a means of
retrieving newspaper and put it on top of the garbage trucks - you know,
because if we put anything on the sides, it's going to make awkward - but put_
it on top of the garbage trucks and...
s
Mr. Plummer: A couple of rainy days and your tonnage goes from 25 to 35...
Mr. Dawkins: Uh huh and then we'd...
Mr. Plummer: ... no, that's true.
Mr. Dawkins: ... and Rosario we'll ask the citizenry to bundle the newspaper
up and set it out and all the guy has to do is throw it up on top of the
garbage truck.
Mr. Plummer: Well, with the understanding, by the state law, they're going to
have to do it within 3 years anyhow.
Mr. Dawkins: Right.
Mayor Suarez: And it's a way also of the citizens beginning to get educated_
when they see those and they see that there's an effort to begin that process
even before we're required. So moved and seconded. I'm sure the Manager will
come back after you and he have met with his feedback on it, Joe.
Mr. Ingraham: As a reminder, item 16, I don't think there was any action
taken on it. You stated in the affirmative but you need to...
Mayor Suarez: Let's call the roll on this, please.
Mr. Plummer: We'll build a paper mache fence.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-543
A MOTION DIRECTING THE CITY MANAGER TO DEVELOP A
SYSTEM FOR RETRIEVAL OF NEWSPAPERS BY THE SOLID WASTE
DEPARTMENT (FOR RECYCLING), SAID COLLECTION SYSTEM TO
PERHAPS INVOLVE EITHER (a) A MECHANISM WHICH WOULD
ALLOW FOR COLLECT ION/PLACEMENT OF WASTE NEWSPAPERS ON
TOP OF THE TRUCKS OR (b) PLACEMENT OF RECEPTACLES
THROUGHOUT THE CITY WHEREIN RESIDENTS COULD PLACE ALL
THEIR WASTE NEWSPAPERS FOR COLLECTION BY THE SOLID
WASTE DEPARTMENT CREWS.
Upon being seconded by Commissioner Plummer, the motion 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
NOES: None.
ABSENT: None.
90
y
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i
Junes T, 1989
A
Mayor Suarez: Item 16,
Mr. Dawkins: It was moved and seconded.
Mayor Suarez: It was moved and seconded. Please call the roll on item 16.
Call the roll.
AN ORDINANCE ENTITLED -
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
EXPANDED FACILITIES", PROJECT NO. 353008, IN THE
A14OUNT OF $25,000; APPROPRIATING FUND IN SAID AMOUNT
FOR SAID PROJECT FROM THE 1970 POLLUTION GENERAL
OBLIGATION BONDS; 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 Rosario Kennedy
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.
-------------------------------------------------------------------------------
30. DISCUSS AND TEMPORARILY DEFER FIRST READING ORDINANCE AMENDING CODE
Section 2-316 (Lobbyist Ordinance) - Change filing requirement from
quarterly to yearly (See label 32).
-------------------------------------------------------------------------
Mr. Plummer: Why are we going to let the lobbyist off the hook?
Mrs. Kennedy: Mr. Mayor, 1 have a......
Mr. Dawkins: What lobbyist?
Mr. Plummer: Well, there's on 17 instead of filing quarterly, they're going
to let them file annually. Why should we do that?
Mr. Jorge Fernandez: We have checked the - this came to our office as a
request from the City Clerk. We checked the legality of it and, in fact, when
we looked to the county and the county has very strict lobbyist ordinance
also. They do it, their reporting on an annual basis. It's more manageable,
it's more consistent with what other jurisdictions are doing it. Even when we
j look at the state of Florida, this would also be in compliance with that.
Mayor Suarez: I would, J.L., I would, just for myself, my feeling is that
this whole thing is unnecessary so I would like the idea of making it a little
bit less restrictive or...
2
Mr. Plummer: Fine.
Mayor Suarez: OK.
91 ,June 7, ` 1909
W
--
31. URGE STATE GOVERNOR BOB MARTINEZ TO APPOINT CITY OF MIAMI MAYOR XAVIER
SUAREsZ TO FILL PRESENT VACANCY ON THE DATE COUNTY METROPOLITAN PLANNING
ORGANIZATION.
Mrs. Kennedys Mr. Mayor, I have a resolution. The governor is authorized to
appoint two ,additional members to the Dade County Metropolitan Planning
Organization and one of these member is to get elected public official. I'd
like to read the resolution.
THEREUPON, COMMISSIONER KENNEDY READ THE RESOLUTION INTO THE PUBLIC RECORD,
BY TITLE ONLY.
Mrs. Kennedy: And so move.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. It's the - there's one public and one
private official added to the MPO which, up to now, has been the entire County
Commission. Is that the case?
Mr. Odio: No, as I,understand, the vacancy is Raul Valdes-Fauli who...
Mayor Suarez: I was explaining the Metropolitan Planning Organization in case
the Vice Mayor doesn't know too much about it or anybody else. Is it not
correct that was up to now the Board of County Commissioners and since last
year...
Mr. Plummer: They named them all.
Mayor Suarez: ... there's been one public and one private. The public one
has been Commissioner Raul Valdes-Fauli, who's no longer in office, and this
motion would try to seek a seat for the City to be held by myself. I
guarantee you it wouldn't be very long if we get it because I'd try to get
some other Commissioner here to serve. Moved and seconded. Any discussion?
Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-544
A RESOLUTION OF THE MIAMI CITY COMMISSION RECOMMENDING
THAT THE HONORABLE BOB MARTINEZ, GOVERNOR OF THE STATE
OF FLORIDA, APPOINT THE HONORABLE XAVIER L. SUAREZ,
MAYOR OF THE CITY OF MIAMI, FLORIDA, TO FILL THE
VACANCY ON THE DADE COUNTY METROPOLITA14 PLANNING
ORGANIZATION; FURTHER, DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN NAMED
OFFICIAL.
(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 Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
92`
yJ'.t
71 A"f
r.
Q}
----------------- ----- --
32. (Continued Discussion) FIRST READING ORDINANCE: Amend Code Section 2-316
(Lobbyist Ordinance) - Change filing requirement from quarterly to
yearly (See label 30).
j_
--ir---------------------------- ----------------------------------------------
Ms. Hirai: Mr. Mayor, Mr. Mayor, excuse me. We need a motion and a roll call
on 17, the one for the lobbyist.
Mayor Suarez: That's what I was heading.
Mr. Plummer: Move it.
Mayor Suarez: Commissioner Plummer moved it.
Mr. Plummer: Have they filed yet any reports?
Mr. Jorge Fernandez: Yes, lobbyists?
Mr. Plummer: Yes.
Mr. Fernandez: Continually, they do as they register and then they know that
most of - well, this is...
Mr. Plummer: I'd like to see the last quarterly report sent to my office.
o
Mayor Suarez: Make available to the Commissioner, any Commissioner that
requests, the last quarterly report. We have a motion and a second on 17.
The Vice Mayor seconded. Any discussion? If not, read the ordinance. Call
®
the roll.
AN ORDINANCE ENTITLED -
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
EMT
THE FILING REQUIREMENT FROM A QUARTERLY TO A
YEARLY FILING; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None,
ABSENT: Commissioner Miller Dawkins.
33. FIRST READING ORDINANCE: Amend Ordinance 10484 - Increase appropriations
for General Fund (Law Department) to meet increased costs resulting froth
City. Attorney's duties as general counsel for Off -Street Parking
Department and Board.
Mr. Plummer: We are informed that the Mayor will not be back until at least
2:30, likewise, Commissioner De Yurre. Because I'm the senior member, we're
going to get this show on the road. The next item on the agenda is item 18.
Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Plummer: Item 18.
Mr. Jorge Fernandez: Yes, this is my item, Commissioner. As you well
remember, last September the voters passed a referendum appointing or making
the City Attorney the counsel for the Department of Off -Street Parking. At
that time, this City Commission also approved another allocation to my staff.
At that time, you approved another position for an Assistant City Attorney so
that we can meet the legal work of the Department of Off -Street Parking. This
is merely an ordinance amending the annual appropriations ordinance where the
Department of Off -Street Parking is helping fund that one position that you've
approved for us being their attorney. It's rather straight forward.
Mr. Plummer: Questions of the Commission? Are you talking about one position
at $127,000?
Mr. Fernandez: This position includes a secretarial position that goes with
it as well as all the accouterment of the position such as the computer that's
needed, the cubicle space, the costing out of an Assistant City Attorney
position with all of the attachments. That's the way that management and
budget has costed it out. And this is coming in from the Department of Off -
Street Parking's budget.
Mr. Plummer: What is the pleasure of,the Commission? The two members? Moved
by Commissioner Kennedy. Seconded by Commissioner Dawkins. Read the
ordinance. Motion understood. Call the roll.
All ORDINANCE ENTITLED -
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 COU14SEL FOR THE OFF-STREET PARKING'
DEPARTMENT AND BOARD; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
34. SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PROJECT: Authorize
expenditure of $100,0000 for costs incurred for marketing and
promotional related activities.
Mr. Plummer: Item 19. Moved by Commissioner Dawkins. Seconded by...
Mrs. Kennedy: One second, let me get to it. Yes, second.
Mr. Plummer: ... by Kennedy. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoptions
RESOLUTION NO. 89-545
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $100,000
FROM THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT
TRUST FUND ACCOUNT FOR COSTS INCURRED FOR THE
MARKETING AND PROMOTIONAL RELATED ACTIVITIES AND
CERTAIN PROJECT COSTS UNDERTAKEN TO PROMOTE THE
DEVELOPMENT OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy _=
Commissioner Miller Dawkins
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez _-
--------------------------------------------------------------------------- ms
35. AMEND RESOLUTION 88-1179 - Allocate $200,000 to provide loan funds to
small and/or disadvantaged contractors/developers involved in
development of housing in Overtown/Park West - Execute agreement.
-----------------------------------------------------------------------------
Mr. Plummer: Item 20, a resolution for two hundred thousand from the City's
single family rehabilitation program, providing...
Airs. Kennedy: Move it.
h j
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO, 89-546
A RESOLUTIONS AMENDING RESOLUTION NO. 88-1179;
AUTHORIZING THE CITY MANAGER TO ALLOCATE $200,000 FROM
THE CITY'S SINGLE FAMILY REHABILITATION PROGRAM FOR
THE PURPOSE OF PROVIDING LOAN FUNDS TO SMALL AND/OR
DISADVANTAGED CONTRACTORS/DEVELOPERS INVOLVED IN THE
DEVELOPMENT OF THE HOUSING IN OVERTOWN/PARK WEST, AT
AN INTEREST RATE NOT TO EXCEED SIX PERCENT (6Z);
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND SMALL AND/OR
DISADVANTAGED CONTRACTORS/DEVELOPERS FOR SAID PURPOSE,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; THE
PRINCIPAL AND INTEREST BEING RETURNED TO THE CITY'S
SINGLE FAMILY REHABILITATION PROGRAM FUND; FURTHER
CONDITIONING ALL OF THE ABOVE UPON RECEIPT OF FEDERAL
APPROVAL FOR THE USE OF SAID ALLOCATION FOR THE HEREIN
STATED PURPOSE.
(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 Rosario Kennedy
Commissioner Miller Dawkins
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
36. PROVIDE FOR ISSUANCE OF RENTAL REVENUE BONDS ($30,000,000) - to finance
cost of acquisition/construction/development of office building to be
leased to the U.S.A. General Services Administration.
Mayor Suarez: Item 21.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: The money is for the principal amount to build the downtown
building, moved by Dawkins, seconded by Kennedy. Any further discussion?
Motion understood. Call the roll.
i
is
a
96 June 7, �.989
Sum
RESOLUTION NO. 89-547
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA,
SUPPLEMENTING ORDINANCE NO. 10464 OF THE CITY;
PROVIDING FOR THE ISSUANCE OF RENTAL REVENUE BONDS OF
THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF
$30,000,000 OR SUCH LESSER AMOUNT AS SHALL BE
AUTHORIZED AS PROVIDED HEREIN TO FINANCE THE COST OF
THE ACQUISITION, CONSTRUCTION AND DEVELOPMENT OF AN
OFFICE BUILDING TO BE LEASED BY THE CITY TO THE UNITED
STATES OF AMERICA BY AND THROUGH THE GENERAL SERVICES
ADMINISTRATION; PROVIDING FOR THE PAYMENT OF SUCH
BONDS FROM RENTAL REVENUES FROM SUCH BUILDING; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; APPROVING THE FORM OF CONSENT AND APPROVAL;
AUTHORIZING THE CITY MANAGER TO APPOINT A TRUSTEE,
REGISTRAR, PAYING AGENT AND AUTHENTICATING AGENT;
APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FINAL
OFFICIAL STATEMENT; AUTHORIZING AND ESTABLISHING THE
CRITERIA FOR THE SALE OF SUCH BONDS TO MORGAN STANLEY
& CO. INCORPORATED, PAINE WEBBER INCORPORATED,
GOLDMAN, SACHS & CO., AIBC INVESTMENT SERVICES CORP.,
M.R. BEAL & COMPANY, CARMONA FERRAND MONTES SECURITIES
CORPORATION, GRIGSBY BRANDFORD POWELL, INC., BUZMAN &
CO. AND W.R. LAZARD & LAIDLAW, INCORPORATED, ON A
NEGOTIATED BASIS; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT WITH RESPECT TO SUCH BONDS;
AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $32,000,000
IN AGGREGATE PRINCIPAL AMOUNT OF ADDITIONAL BONDS TO
COMPLETE CONSTRUCTION OF THE BUILDING; AUTHORIZING THE
VALIDATION OF SUCH ADDITIONAL BONDS; PROVIDING FOR AN
EFFECTIVE DATE; AND MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS AND PROVIDING CERTAIN OTHER DETAILS IN
CONNECTION THEREt,1ITH.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
37. FIRST READING ORDINANCE: Amend Ordinance 10521 - Establish new project,
"Federal Law Enforcement Building", in the amount of $30,000,000.
Mr. Plummer: Item 22, Mr. Manager.
Mr. Odio: This is the...
Mr. Dawkins: Companion to 21, move it.
Mrs. Kennedy: Second.
Mr. Plummer: Moved and seconded.. It is an ordinance. Is there ,anyone
AN ORDINANCE ENTITLED -
AN ORDINANCE A14ENDING 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.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
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.
------------------------------------------------------------------------------
38. ORDER SPECIAL IMPROVEMENT AND ESTABLISH SPECIAL ASSESSMENT DISTRICT TO
BE KNOWN AS THE "FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT".
------------------------------------------------------------------------------
Mr. Plummer: Item 23, Downtown Development Authority, wish to speak on the
issue? It's a resolution....
Mrs. Kennedy: This is for a special assessment district.
Mr. Plummer: ... establishing a district for a period of one year to be known
as the Flagler Core Area Security District, special improvement district.
Mr. Odio: Not unless you need briefing...
Mr. Dawkins: I don't need that.
Mrs. Kennedy: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any further discussion? Anyone wishing to
speak on this item? Hearing none, call the roll.
11
98
e
■
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-548
A RESOLUTION ORDERING A SPECIAL IMPROVEMENT AND
ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR A
PERIOD OF ONE YEAR TO BE KNOWN AS THE FLAGLER/CARE
AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT;
DESIGNATING THE PROPERTY UPON WHICH THE SPECIAL
ASSESSMENT SHALL BE MADE FOR THE COST OF SECURITY AND
MAINTENANCE SERVICES WHICH WILL STABILIZE, BENEFIT AND
IMPROVE THE FLAGLER AREA RETAIL AND OFFICE DISTRICT;
DESIGNATING THE LANDS IN THIS DISTRICT UPON WHICH THIS
SPECIAL ASSESSMENT SHALL BE LEVIED ON THE ATTACHED
LEGAL DESCRIPTION; AND STATING THE COSTS THEREOF WHICH
SHALL BE PAID BY VIRTUE OF SPECIAL ASSESSMENT OVER A
ONE YEAR PERIOD; STATING THE TOTAL ESTIMATED COST OF
SUCH SPECIAL ASSESSMENT FUNDS ARE TO BE ADVANCED FROM
THE GENERAL FUND TO BE REPAID THROUGH THE SPECIAL
ASSESSMENT.
(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 Rosario Kennedy
Commissioner Miller Dawkins
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Mr. Dawkins: You want to speak against it?
Mark Reeves, Esq.: Yes, I'd like to speak....
Mr. Plummer: Against it?
Mr. Reeves: We have some concerns.
Mr. Plummer: OK, where were you when I asked?
Mr. Reeves: I was here.
Mr. Plummer: Raise... for the record, state your name and mailing address.
Mr. Reeves: My name is Mark Reeves, I'm with the law firm Steele Hector &
Davis at 4000 S.E. Financial Center.
Mr. Pi.umnier: Who are you representing?
Mr. Reeves: We represent Miami Center Owners Association.
Mr. Plummer: Are you a registered lobbyist?
Mr. Reeves: I am.
Mr. Plummer: Thank you, proceed.
Mr. Reeves: Thank you. As good corporate citizen, Miami Center Owners
Association intends to support the creation of the Flagler Core area special
assessment district. However, we want to make certain that any assessment
levied upon our property must be in proportion to the benefit to be derived.
We're concerned that retailers who stand to benefit more than we do from the
district may be required to pay disproportionately lower amounts than the
Miami Center. In order to more fairly distribute the burden of the
assessment, it may be advisable for the City to consider assessing other
99 June 7, 1969.
properties outside the proposed assessment district, such as the Hyatt,
Bayside and the like. This would allow other interests who may stand to
benefit in the same indirect manner as Miami Center to share the assessment in
some sort of fair and equitable manner. The InterContinentai Hotel alone has
an annual budget of more than $470,000 for private security services which are
able to adequately patrol the hotel property and the Chopin Plaza area. This
budget 4ncludes 18 security guards, which is five more than the entire number
of security guards proposed by the district. Ironically, Miami Center will be
the largest single contributor to the district financially. If the district
is created, we would like an upfront commitment so that we will know exactly
what services will be provided to Chopin Plaza and the Bayfront downtown
Peoplemover station. In conclusion, our client is willing to pay its
proportionate fair share for the services that will directly benefit Miami
Center. We do not think that it would be fair to disproportionately burden
Miami Center in order
to subsidize other property owners in the district who stand to benefit far
more than we do. If the district is created, we'd like to go on record as
requesting the DDA be in a position to compile statistics at the end of the
first experimental year so that we can review where and the extent to which
property owners within the district directly benefited from the efforts.
Mr. Plummer: Thank you. There will be a public hearing in July. I advise you
to get in touch with Matthew Schwartz to work out any particulars to see if
you're questions can be resolved and if they can't, in the public hearing in
July you'll be able to make your presentation.
Mr. Reeves: Thanks a lot.
Mr. Plummer: Thank you. Did we call the roll on that?
Mr. Odio: You pass it.
Mr. Fernandez: Yes.
Mr. Plummer: We did.
39. DISCUSS AND TEMPORARILY TABLE PROPOSED EXECUTION OF AGREEMENTS WITH
PEOPLES NATIONAL BANK OF COMMERCE, TOTALBANK, AND TRANSATLANTIC BANK -
to establish special depository bank accounts (See label 43).
Mr. Plummer: Item 24, an agreement for two years with the Peoples National
Bank of Commerce and Total Bank and Transatlantic Bank.
Mr. Dawkins: Move it and under...
Mrs. Kennedy: We have a problem...
Mr. Plummer: Moved by Dawkins. Second by Kennedy.
Mr3. Kennedy: No, no, no. We have a problem which I have to put on the
record. I cannot vote for this item because of a conflict of interest with
Transatlantic Bank so we have to wait until...
Mr. Jorge Fernandez: You have to pass over this item.
Mrs. Kennedy: ... member of this Commission.
Mr. Odio: Can we delay it?
Mr. Fernandez: Because you won't...
Mr. Plummer: OK, we'll table this item till someone else gets here.
Mr. Dawkins: OK, well let me discuss it. Let me discuss my problem.
100 June 7., 1989
Mr. Plummer: I would suggest that you wait till the rest of them get here so
they could hear your concerns.
40. AMEND RESOLUTION 89-443 - Authorize issuance of City of Miami, Florida,
Guaranteed Entitlement Revenue Bonds, Series 1989
($6,500,000)(Underwriters): Chase Securities, Inc., M. R. Beal & Co.,
and American Government Certificates & Funds).
Mr. Plummer: Item 25,
dollars worth of bonds.
Mr. Dawkins: Move it.
Mr. Odio: Yes, sir.
The issuance of six million, five hundred thousand
Mr. Plummer: Moved by Dawkins.
Mrs. Kennedy: Second.
Mr. Plummer: Seconded by Kennedy. Any discussion? Anyone
wishing to discuss item 25? Hearing none, call the roll.
The following resolution was introduced by Commissioner
moved its adoption:
RESOLUTION NO. 89-549
of the public
Dawkins, who
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA MAKING CERTAIN AMENDMENTS TO RESOLUTION
NO. 89-443, ADOPTED ON MAY 11, 1989 AUTHORIZING THE
ISSUANCE OF THE BONDS HEREINAFTER MENTIONED; APPROVING
THE NEGOTIATED SALE OF THE CITY OF MIAMI, FLORIDA
GUARANTEED ENTITLEMENT REVENUE BONDS, SERIES 1989, IN.
AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,500,000
TO THE UNDERWRITERS NAMED HEREIN AT AN EFFECTIVE
INTEREST RATE NOT TO EXCEED TEN PERCENT (10%) IN ONE
OR MORE MATURITIES, NONE OF WHICH SHALL EXCEED THIRTY
(30) YEARS; FINDING THAT A NEGOTIATED SALE OF SAID
SERIES 1989 BONDS IS IN THE BEST. INTEREST OF THE CITY;
APPROVING THE FORM, EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEI4ENT TO EFFECT THE NEGOTIATED SALE OF
SAID SERIES 1989 BONDS; RATIFYING THE PRIOR
DISTRIBUTION OF THE PRELIMINARY OFFICIAL STATEMENT AND
APPROVING THE FORM OF THE PRELIMINARY OFFICIAL
STATEMENT AND THE FORM AND EXECUTION OF THE OFFICIAL g
STATEMENT, EACH FOR USE IN CONNECTION WITH THE OFFER
AND SALE TO THE PUBLIC OF THE SERIES 1989 BONDS;
AUTHORIZING THE APPOINTMENT OF A BOND REGISTRAR AND A
PAYING AGENT; AUTHORIZING APPROPRIATE OFFICERS.OF THE
CITY TO TAKE SUCH INCIDENTAL ACTIONS AS SHALL BE _
NECESSARY AND APPROPRIATE TO ACCOMPLISH THE NEGOTIATED -
SALE OF THE SERIES 1989 BONDS, INCLUDING BUT NOT -
LIMITED TO THE PROCUREMENT OF CREDIT ENHANCEMENT TO
SECURE SAID SERIES 1989 BONDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following -vote:
101 June 7, 1909
s
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
41. ACCEPT CONTRIBUTION PAYMENT FROM DADE COUNTY SCHOOL BOARD - for
reconstruction of N.E. 14th Street between N.E. 1st Court and N.E. 2nd
Avenue - Authorize execution of agreement.
Mr. Plummer: Accepting payment from the school board of twenty-eight
thousand, eight forty-six for the reconstruction of N.E. 14th Street in front
of Tech High.
Mrs. Kennedy: Move it.
Mr. Dawkins: Move... second.
Mr. Plummer: Moved by Kennedy, seconded by Dawkins. When is this going to be
done?
Mr. Luis Prieto: As soon as we get the check, we can proceed on this.
Mr. Dawkins: Well, when will you get the check?
Mr. Plummer: Well, I've got merchants calling our offices wanting to say that
that street has been closed for almost a year and it's hurting them.
Mr. Prieto: Yes, sir.
Mr. Plummer: So I would ask you to please expedite it.
Mr. Odio: We'll start right away.
Mr. Prieto: Yes, sir, I will.
Mr. Plummer: All right, no further discussion on item 26? Call the roll.
The fallowing resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-550
A RESOLUTION ACCEPTING PAYMENT IN THE AMOUNT OF
$28,846 FROM THE DADE COUNTY SCHOOL BOARD AS A
CONTRIBUTION FOR THE RECONSTRUCTION OF NORTHEAST 14TH
STREET BETWEEN NORTHEAST FIRST COURT AND NORTHEAST
SECOND AVENUE BY THE CITY OF MIAMI, FLORIDA;
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
42. FIRST READING ORDINANCE: Amend Ordinance 19521 - Increase appropriations
for "Citywide Street Improvements - FY'89" project. (Note: This
Ordinance appeared as an Emergency Reading on the Agenda and was -
modified on the floor for lack of required quorum.)
Mr. Plummer: Item 27. An emergency will have to be held. That's a...
Mr. Dawkins: OK, but, you know...
Mr. Plummer: That's a four -fifths. -_
Mr. Dawkins: Yes, but how could he tell me over here on the 26th that they
got to wait for a check and then you come over here and tell me it's an
emergency and you want to spend the money. I mean, what are we saying?
Mr. Odio: Pass it in first reading and I'll take care of it.
first reading.
Mr. Jorge Fernandez: Which one?
Mr. Odio: The 27. Pass it in first reading.
Mr. Fernandez: Oh, OK.
Mr. Plummer: OK. Pass item 27 on first reading?
Mr. Odio: Yes, sir.
Pass it in
Mr. Plummer: All right, we're going to - is that agreeable with you,
Commissioner? Moved by Dawkins, seconded by Kennedy on first reading, item
27. Read the ordinance. Motion understood? Call the roll. This is on first
reading only.
Mr. Odio: Yes, sir.
AN ORDINANCE ENTITLED-
EU
AN ORDINANCE AMENDING ORDINANCE
NO. 10521, ADOPTED
NOVEMBER 17, 1988, AS AMENDED, THE
CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY
INCREASING THE
APPROPRIATION FOR THE EXISTING
PROJECT ENTITLED
"CITYWIDE STREET IMPROVEMENTS - FY
'89" IN THE AMOUNT
OF $28,800; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was
introduced by Commissioner Dawkins
and seconded by Commissioner
Kennedy and
was passed on its first reading by
title by the following vote: --
AYES:
Commissioner J. L, Plummer, Jr.
-
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
NOES:
None.
ABSENT:
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
i
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Mayor Suarez and Vice Mayor De Yurre entered
the meeting at 2:28 p.m. Commissioner Plummer informs the Mayor
and Vice Mayor what items have been acted on.
43. (Continued Discussion) AUTHORIZE MANAGER TO EXECUTE AGREEMENTS WITH
PEOPLES NATIONAL BANK OF COMMERCE, TOTALBANK, AND TRANSATLANTIC BANK -
to establish special depository bank accounts (See label 39).
Mayor Suarez: Twenty-four is the only one you skipped?
Mr. Plummer: We'll now revert back to 24 because Commissioner Dawkins wanted
some comments and Commissioner Kennedy indicated that she had to recluse
herself from voting.
Mr. Dawkins: Twenty-four. You got a conflict too?
Mr. De Yurre: Well, I got to see what it's all about.
Mr. Dawkins: OK, I need - are the representatives of the banks here?
Mr. Plummer: Let the record reflect that Commissioner Kennedy has walked out
of the room.
Mr. De Yurre: I'm going to excuse myself from that one too because... at =_
least, unless I've got an opinion. I've done closing work...
Mr. Dawkins: Yes, you've got a conflict, you got a conflict.
Mr. De Yurre: ... for Transatlantic Bank.
Mr. Jorge Fernandez: And they are your client, they're the ones...
Mr. De Yurre: Well, this was about... E
Mr. Dawkins: Are they your client presently?
Mr. De Yurre: ... about three - not right now.
Mr. Fernandez: Oh, if they're no longer a client of yours, and there has been
a sufficient period of time, I would say at least two years that you have
not...
Mr. De Yurre: Well, not two years, maybe about a year.
Mr. Plummer: He hasn't been on the Commission two years.
Mr. Fernandez: That's right. Well, how long has it been since you've done
any work for them?
Mr. De Yurre: I'd say about a year.
Mr. Fernandez: Do you have an ongoing relationship with them?
Mr. Plummer: He hopes.
Mayor Suarez: Yes, he'd like to.
Mr. Fernandez: Well...
Mayor Suarez: He'd like to maintain it ongoing, you know.
104
guns
7,
069
Mr. De Yurre: I'm always... what can I say?
Mr. Fernandez: But is the bank your client? Is the bank...
Mr. De Yurre: Not my client. The closing work is at... the bank sends you
the work as a closing agent, you close - you get your fee from the borrower,
the bank doesn't pay you a penny.
Mr. Plummer: Victor, when I have my closings, it's one shot.
Mr. De Yurre: That's it, eh? Well, make up your mind, you know. _
Mr. Fernandez: if you are on that list of attorneys that a bank uses on a
regular basis, you do benefit from the bank's selection of yourself as a
closing agent for them, then perhaps you would have a conflict.
Mr. De Yurre: OK, then just to avoid, I'll just have a cup of coffee with =-
Rosario.
Mr. Plummer: If you don't, Victor, next week you will be the centerfold in
the Miami Herald.
Mr. Dawkins: Or he could very easily tell the bank you no longer want to work
for them.
Mayor Suarez: I'm missing that section of the Herald. I'd like to make sure
I get the centerfold section.
Mr. Dawkins: OK...
Mr. Plummer: No, Barry's got it this week.
Mr. De Yurre: Let me know when you guys are though, OK?
Mr. Dawkins: People's National Bank - come to the mike, please.
Mayor Suarez: Do we need to?
Mr. Dawkins: Yes, um hum. You know, I have a standing commitment that banks
that we've put - hey, hey, hey, let me get through here. We have a commitment
that banks that we put the money in must do things in the City and you have
made, your bank has made a quite a number of individual loans to City
residents. Is that a correct statement?
Mr. Art Hill: Yes, sir.
Mr. Dawkins: Thank you. Will the gentleman from the Bank of Commerce...
Mr. Hill: That's me.
Mr. Dawkins: OK, from Total Bank. I don't even need - I know you do work in
the... sit down. Transatlantic.
UNIDENTIFIED SPEAKER: Yes, sir.
Mr. Dawkins: We have a number of banks in the City of Miami who refuse to T.
fund certain projects and I say they're red lining and they get another
definition for it. You, Mr. Bailey knows and told me, but I need you to
confirm it. You do work for - I mean finance projects and things for the City
of Miami. Is that correct?
UNIDENTIFIED SPEAKER: Within the City of Miami, yes.
Mr. Dawkins: OK, thank you. No further questions.
Mr. Plummer: I've got questions. How much are they charging us? _
Mr. Gary Houck: Sorry, what was the question?
Mr. Plummer: Are there charges or is this free?
105
M. Houck: This is money we leave on deposit with them for five w
five business days.
Mr. Plummer: OK.
Mr. Houck: They do not charge us for that, but we do not earn the
it.
Mr. Plummer: We don't earn... how much money is involved?
Mr. Houck: An average of about a million dollars a month.
Mr. Plummer: And they get the float, we don't?
Mr. Houck: Correct.
Mr. Plummer: What does the float amount to, so there's no free lu
Mr. Houck: Whatever...
Mr. Plummer: If we put that million dollars in a bank for five
interest bearing account, what would that amount to for the Cit
Roughly.
Mr. Houck: I'd say at the current interest rate for eight... su
know what they're investing it in.
Mr. Hill: Commissioner, in order to answer your question, gig... ..-
monies are in the bank for such a short period of time. And I'm going to get
to your...
Mr. Plummer: That's not answering my question. My answer is - my question
is, if I had a million dollars for five days, what interest would that draw =_
under normal circumstances?
Mr. Hill: OK, I'm getting ready to answer your question.
Mr. Plummer: Please do.
Mr. Houck: OK, it's about six percent.
Mr. Plummer: About six percent which would be $60,000?
Mr. Houck: About six percent and the reason... no, no.
Mr. Dawkins: For the year, but not for the month.
Mr. Houck: No, it's way, way, way lower than that. Maybe less than a $1,000
a day, Commissioner.
Mr. Plummer: $5,000.
Mr. Houck: Yes.
Mr. Plummer: So, you're getting then, is that roughly for five days, $5,000,
a $1,000 a day?
Mr. Houck: No, I'd say it's less...
Mr. Plummer: Somebody answer my question.
Mr.
Houck:
It's
less than - if I may...
Mr.
Plummer:
OK.
=
Mr.
Houck:
...I
can answer it. It's less than $1,000
a day, approximately
about $300 a
day
for five days, that's $1,500.
Mr.
Plummer:
But
that's continuous throughout the year.
Is that correct? -
Mr.
Houck:
Approximately
two - OK.
106
June 7; 1989,
71
LA
Mr. Hill% Right.
Mr. Hill: it would be approximately $2,000 a month for the 12 months.
Mr. Plummer: So the banks are then, in effect, getting $24,000 to do that
kind of a 'transaction.
Mr. Hill: Correct. These are minority banks.
Mr. Plummer: OIL. And you feel that that's necessary? And you can't get a
better deal somewhere else?
Mr. Dawkins: They could get a better deal some place else, J.L., but because
of our commitment to minority banks in an effort to try to make them be
competitive and able to operate with, quote, unquote, the larger banks, we are
supposed to be attempting to help the minority banks and that's what we're
doing...
Mr. Plummer: And I agree with that. Now, the other question I have, why did
you designate rather than the total amount of monies involved, one bank gets -_
one account, one gets the state revenue, one gets a half cent sales tax, and
one gets CBDG.
Mr. Houck: Those accounts are set up on a letter of credit and the money goes
directly into those bank accounts. Each one of those sources of funds is
approximately the same.
Mr. Plummer: Approximately the same.
Mr. Houck: Right.
Mr. Dawkins: And also, Mr. Houck, that's an easier way of keep... rather than
having all three banks have all three accounts, it would be easier to account
for it if one bank has one account. Is that correct?
Mr. Houck: Correct.
Mr. Plummer: The point I was making he answered and that was that all
approximate accounts are about the same size.
Mr. Houck: Approximately.
Mr. Plummer: It's not a plum for one and a peach, a lime, for the other.
Mr. Houck: Correct.
Mr. Plummer: Thank you.
Mayor Suarez: I'll entertain a motion on item 24 unless you have any further
questions.
Mr. Plummer: So move.
Mr. Dawkins: Second.
i
MayorSuarez: Moved and seconded. Any further discussion? Call the roll. Z
sa
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Yes.
Mr. Dawkins: ...while our fellow Commissioners are coming back, I got a minor
problem.'..
Mayor Suarez: Do you want to call the roll real quick.
Mr. Dawkins: Oh, sorry.
Mayor Suarez: Call the roll, please.
107
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-551
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS*, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR A TWO-YEAR PERIOD WITH PEOPLES NATIONAL
BANK OF COMMERCE, TOTALBANK, AND TRANSATLANTIC BANK
FOR ESTABLISHING SPECIAL DEPOSITORY BANK ACCOUNTS.
(* - The herein authorization is further subject to
compliance with all requirements that may be imposed
by the City Attorney as prescribed by applicable City
Code provisions.)
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSTAINS: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
ABSENT: None.
Mayor Suarez: We're going to be distributing these to Miami High as soon as
Commissioners come back into the room. It was at the request of Commissioner
Kennedy.
------------------------------------------------------------------------------
44. DISCUSSION CONCERNING COMPLAINTS RECEIVED REGARDING AIR CONDITIONING
EQUIPMENT FAILURE IN POLICE DEPARTMENT.
Mayor Suarez: Commissioner Dawkins, would you...
Mr. Dawkins: The sanitation work - I'm sorry - my pet... the General Service
employees don't ever have anybody speaking up for them and they always seems
to be the low on the totem pole. They are in a bad situation in the Police
Department. In room 307 they have 32 fans running and this situation has been
like this and we don't seem to be able to correct it. We don't seem to be
able to do anything. So I'd like to hear from the administration, what can be
done to either get these people out of that situation or correct the situation
they're in?
Mr. Plummer: Didn't we just spend $85,000...
Mr. Odio: We have an air conditioning engineer, Commissioner, working in the
building right now trying to...
Mr. Dawkins: How long has he been in the building?
Mr. Odio: At least a couple of days, Commissioner. We're trying... we know
about the problem... _
Mr. Dawkins: No, no, no, no. I'm sorry, Mr. Mayor, I need exact dates
because, I see, I mean, I need exact number of days that this individual has
been employed.
Mr. Odio: Well, let me get the information for you...
Mr. Dawkins: OK, all right, come on, I'll wait.
108
4.. d ..„., .. ..a.... ..G 3— ac..a t—Y mv-1- is range num os money on Tnat a-jr -
conditioning system, like eighty-five thousand?
Mr. Dawkins: Eighty-five thousand dollars. _
Mr. Odio: No, you approved....
Mr. Plummer: And we're paying...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: Come up to the mike.
Lt. Joseph Longueira: I believe recently you improved improvements in the
complaint room on the air filtration system, remember that? That was in the
complaint...
Mr. Plummer: Was that the eighty-five thousand?
Lt. Longueira: I'd have to be sure and go back and look.
Mr. Dawkins: OK, how many people do we have working in these conditions?
Mr. Charlie Cox: Well, not only general employees, we have police officers
also, it's...
Mayor Suarez: Charlie, put your name on the record, please.
Mr. Cox: My name is Charlie Cox and I'm the president of the AFSCME local
1907.
Lt. Longueira: Basically, the problems on the first...
Mr. Dawkins: Hold it now, hold it, Joe. Let me hear it from him now. OK, =_
thank, go ahead, man.
Mr. Cox: It's affecting a lot of the floors in the Police Department, not
only certain rooms...
Mr. Dawkins: How, how?
Mr. Cox: In 307 last week alone, we had temperatures of 92 degrees on three
separate days.
Mr. Dawkins: OK.
Mr. Cox: Most of the temperatures are ranging between 88 and 89 degrees.
Mr. Dawkins: How long has this been going on?
Mr.. Cox: Months.
Mr. Dawkins: A month.
Mr. Cox: No, months.
Mr. Dawkins: Months?
Mr. Cox: Right. It hasn't got as hot as this because now we're reaching the
summer time.
Mr. Dawkins: No, because it was winter time.
Mr. Cox: Right, right.
Mr. Dawkins: It was winter time. And we have people who are working in these
conditions who are City employees.
Mr. Cox: That's correct.
Mr. Dawkins: OK, now, Joe...
109
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46 AL
—
Mr.
Odio- Charlie, we have me} in the...
have we seen each other in the past
month or so?
Mr.
Cox: No.
_
=_
Mr.
Odio: Didn't we have a meeting in my office about three weeks or four
weeks ago?
Mr.
Cox: Yes, sir.
Mr.
Odio: Why didn't you tell me that? I mean, why do you have to do it
here?
Mr.
Dawkins: No, I'm doing, I'm doing,
he's not doing this.
Mr.
Odio: No, no, but I mean... I just
want to...
Mr.
Dawkins: No, he's not... no, no,
he didn't... other people have called
me,
he didn't call me.
Mr.
Odio: Oh, OK, no, because...
Mr.
Dawkins: No, he hasn't called me.
I just happen to know that he's here.
Mr.
Plummer: Go out and buy another building. e
Mr. Cox: Cesar, I know they're doing it. I have the memo to get the
evaluation done.
Mr. Odio: Well, tell him that.
s�
Mr. Dawkins: Yes, but, no, no,no. My concern is, it's taken too long.
That's my concern, Mr. Manager.
Mr. Odio: You're probably right.
Mr. Dawkins: See, you know, we got people working over there in 92 degrees,
OK?
Mr. Odio: I know.
Mr. Dawkins: And I would call in sick.
Mr. Odio: I know, I know the problem.
Mr. Dawkins: OK? And if I ran out of sick time, I'd just call in still sick.
I just wouldn't get paid.
Mr. Odio: I would do the same, Comm... but I'm just asking Charlie why didn't
he inform me of this problem before since we meet quite often?
Mr. Plummer: Put them in the Camillus House,
Mr. Dawkins: Well, why didn't lie inform you? He's over there.
Mr. Odio: I knew about the problem but I...
Mr. Dawkins: Well, what are we doing to cor...
Mr. Odio: We have an engineer working on it.
Mr. Dawkins: OK, all right. Give me a date when this will be eliminated.
Mr. Odio: I have Ron Williams on his way back here now. He has the...
Mr. Dawkins: Mr. Mayor,I cannot accept the explanation of the administration
where we have people in this day and time working in 92 degree heat and with
32 fans blowing, circulating the hot air, and then they tell me that we have a
consultant looking at the problem.
Mr. Plummer: That's Lester Pancoast who put buildings with no windows.
110 June 7, 1909
Mr. Odio: See, what happened also, Commissioner, we have a building that way -_--
designed where the windows are no windows You cannot even open a window in
the building. And we know about the air conditioning problem, it was also
underdesi.gned, now we're having to undo what was done in the past. And it
does take time.
Mr. Dawkins: Well, then, send the people home with pay. I'll bet you that'll
get us off the dime. Everybody over there who's in this condition, working
under these conditions, should be furloughed with pay until you get the
building right.
Mr. Odio: But I'm going to see why we can't have portable air conditioners
brought into that particular room. We have done that.
Mr. Dawkins: OR, Mr. Manager...
Mr. Odio: By the way, Commissioner, it's not new to the Police Department.
We have problems in the Miami Arena right now with the air conditioning
system.
Mayor Suarez: Yes.
Mr. Dawkins: Oh, you going to move them all to the Arena? Fine, let them
work in the air conditioned...
Mr. Odio: No, we have problems in the Arena with the air condition...
Mr. Plummer: No, no, we do not have problems. No, no, no, don't say we
unless you're pregnant or got a mouse in your pocket. The Sports Authority
has a problem.
Mr. Odio: Well...
Mayor Suarez: The point is, that if this was the private sector, it would
have taken a lot less time to get something like that fixed because people
can't work under those conditions. And, you know, somehow, some message is
not getting back to your office, Mr. Manager, or something is lacking in
communication that people work under those conditions. It shouldn't take the
head of the union to come here and tell us about working conditions of that
sort at a Commission meeting. It's a pure administrative matter. We have..
go ahead, Mr. Williams - Ron.
Mr. Dawkins: Go ahead, Mr. Williams. No, I'm through. All I need for them
to do is tell me when it's going to be eliminated, that's all I need to know.
Mr. Ron Williams: I don't have a firm date on that, Commissioner. We're
working on it now, we've brought in various levels of expertise. I've got a
report as of late yesterday that we had flown in some parts that had to be
brought in, I believe, from upstate New York, Syracuse, New York. And my
understanding is we're working it. I have not checked that problema.s of this
moment, I can go and do that right now and get back to you.
Mr. Dawkins: Well, Mr. Manager, would you let me know sometime between now
and Friday, 5:00 o'clock, when this will be resolved. If it's not resolved,
where you plan to move these people and put them in conditions where they can
work.
Mr. Plummer: Ron Williams' office, that'll get it done.
Mr. Williams: Not that big, Commissioner.
Mr. Dawkins: You can put them in my office and J. L. Plummer's office. We
got a lot of room.
111
Mr. De Yurre: Mr. Mayor, if I could have Mr. Reuben Aguilar of the Greater
Miami Convention and Visitors Bureau, he'd like to make a quick presentation
request to the City.
Mr. Reuben Aguilar: Thank you, Mr. Vice Mayor and members of the Commission.
Thank you for allowing us to appear before you under an emergency item. If I
may, briefly, as you know, the Lion's Club International meets here beginning
the 19th and running through the 24th of June. At the time the original
contract was signed with the Lions in 1983 the anticipated delegate count was
going to be about 25,000 delegates and that was based on historical and past
perspective. Predicated on that number, the host City agreed to certain
obligations with regard to the rental of the facilities, the cost of the
shuttle and the parade along with some other minor events. That came to a
total of about $300,000 for which we were obligated. Following the standard
convention and hotel procedures, what we were going to do to get that money
was to assign a $5.00 rebate to each hotel participating in the block on a
room night basis for all of the rooms that they were accounted for. That
would have given us about 12,000 hotel rooms for five nights or 60,000 hotel
room nights at $5.00 would have given us $300,000. Unfortunately, that has
not been the case. As of yesterday, the count, the anticipated delegate count
looks to be about 16,000 and based on that projection, our room night rebate
would come to about $150,000. So we face $150,000 ,shortfall. Obviously, I
don't think we need to belabor the fact why we've got 16,000 as opposed to
25,000. I think we are pretty well aware of all of those problems. So we
come at you now hoping that we can get some relief based on this $150,000.
And to do that, what we would like to request is if the Commission would
consider waiving the rental costs at the City of Miami Convention Center...
Mr. Plummer: We can't. We can't, it's prohibited.
Mr. Aguilar: Well, I my mother said you don't find out until you make the
ask. So we're making the ask. We also have a similar situation with the
Miami Arena which the Lions had decided too and that's a $57,000 item.
Mr. Plummer: Speak to the Sports Authority.
Mr. Aguilar: OK. Well, that's what we needed to find out. We did not know
if it was under your jurisdiction or if we need to go elsewhere.
Mr. Plummer: We could have saved you a trip.
Mr. Aguilar: Additionally, I guess we have some $18,000 of police services _-
associated with the parade and we were seeking relief in that along with about
$6,000 in the post parade cleanup costs which we were hoping we might get some
relief on.
Mr. Plummer: Check with the Chief.
Mayor Suarez: One thing we do on the post parade cleanup is if you are able
to post a bond for the amount indicated and then do the cleanup, the
organization itself, is we waive the City involvement in it. And the police
is up to the Commission, if they want to help support any of that in view of
the size of the convention.
® Mr. Plummer: but of the nine million they get a year.
Mayor Suarez: Out of the what?
Mr. Plummer: The nine million they get a year.
Mr. Odio: If we do something with the police costs, then the cost goes up
because then it becomes a City...
Mayor Suarez: Yes, it's one of those strange things that sort of an inverse
and perverse relationship.
Mr. Odio: ... and it becomes time and a half.
Mayor Suarez: The moment we get involved in it, it gets more expensive.
Mr. Plummer: Half again.
Mr. Aguilar: I know there's a question of contributed services counting for or inkind counting for more than straight salary so...
Mr. Plummer: Half again, 50 percent more.
Mr. Aguilar: Right.
Mr. De Yurre: So, then go ahead, the option is the $6,000 on the pickup fee.
Mr. Aguilar: Yes.
Mr. De Yurre: Well, you got that. So you only have to get a hundred and
forty-four thousand more.
Mr. Aguilar: Now we need a hundred and forty-four thousand.
Mayor Suarez: What was the fee for the Arena?
Mr. Aguilar: Oddly enough, the fee for the Miami Arena - well, no, the Miami
Arena is about a $54,000 rental, air conditioning, services. But we did not
know who had jurisdiction, so we came to you hoping for a little guidance.
Mayor Suarez: We have not reserved any, not even one day's usage for anything
we consider to be of community import or anything?
Mr. Odio: As Commission Plummer said before, we're not involved with them at
all, yes.
Mayor Suarez: Ah, yes, we were involved. Of course we're involved.
Mr. Plummer: Mr. Mayor, you don't want to be.
Mayor Suarez: That's more interesting, that's more interesting. Well, I...
Mr. Aguilar: If I might offer a guideline, the City of Miami Beach is...
WE
Mayor Suarez: I think that the Manager and I are ex officio members of the
Sports and Exhibition Authority and I'd tell you, for myself, we'd try to
figure out some way to keep the convention here and to ease your financial
woes as a result of this. Not necessarily because of the Bureau because of AE
the convention, but...
Mr. Aguilar: We appreciate that. For the convention, and not the Bureau.
Mayor Suarez: Oh, the two are related, I suppose. And, you know, on that
body the chairman, I guess, is George Knox, as you know, and you might request
from him a hearing on that.
Mr. Aguilar: OK.
Mayor Suarez: They're going to have to bring it back to us. _-
Mr. Aguilar: Understood.
113
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1.
Mayor Suarers Very possibly, so it is our facility
in many ways.
Mr. Aguilar- If I might, when we went to
the City of Miami Beach which the '�
Mugs Center has the largest facility rental
cost and that'll be about $78,000.
They were able to give us some relief based
on the air conditioning coat which _
is about $15,000, so...
Mr. Plummer: Yes, but their two percent bed tax goes directly to them, ours
I
does not.
Mr. Aguilar: night.
Mr. De Yurre: That's about it then. Do we
need that in the form of a motion
for the six thousand dollar...
=-
Mr. Plummer: Well, that's the option, if they wanted to post a bond or do the
cleanup themselves.
—
e
1
E
Mr. De Yurre: So, that's pretty much up to
you then. You need to talk to the
administration.
Mr. Aguilar: OK, well, we'd go back to the
Lions and we'll go back to our own
people and see if we can't make that happen
then.
Mr. De Yurre: OK. Thank you.
Mr. Aguilar: And we thank you very much.
Mr. De Yurre: Sure....
Mr. Aguilar: Appreciate...
Mayor Suarez: And let's consider further with the Authority and then the
possibility of some partial or complete waiver.
Mr. Aguilar: We'll contact them this afternoon. Thank you. Thank you very
much.
Mr. De Yurre: OK, thank you.
Mayor Suarez: Do we need a motion? I guess I don't hear that we do.
47.
APPOINTMENTS TO THE COMMISSION ON THE STATUS OF WOMEN: Appointed were:
Cary De Leon and Janet Seitlin (Note: 8 appointments still pending.)
Mayor Suarez: Item 28, Commission on the Status of Women. We have
recommendations listed. These have not been traditionally done by assigning
them to individual Commissioners so if anyone has any problems with the ones
recommended. If not, maybe we can just take them up altogether as a
collective motion.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion: Call the roll.
Mayor Suarez: Twenty... -
Mr. Dawkins: Twenty eight, twenty eight.
Mr. Odio, Excuse me, you only have two vacancies and you have... _-
Mayor Suarez: Ahl
you're telling us?
Mayor Suarez: Oh, I thought the - all of them could be included.
r
Mr. Odio: No, we only have two vacancies.
Mayor Suarez: OK, I'll entertain a motion on the two that people would like
to appoint.
Mr. Plummer: Defer to Madam Kennedy.
Mayor Suarez: Commissioner.
Mrs. Kennedy: Thank you. I'd like to nominate Cary De Leon and Janet
Seitlin.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, call the roll.
® The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-552
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, 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
NOES: None.
ABSENT: None.
Mr. Dawkins: Wait a minute.
Mr. De Yurre: What have you got? -somebody?
Mr. Dawkins: You said that they had two openings and you only appointed one
person.
Mayor Suarez: No, she did two. The motion had two.
Mrs. Kennedy: Janet Seitlin and Cary De Leon. Do you have any.suggestions?
Mr.
Dawkins:
I mean the three - let me see, well where do you...
Mrs.
Kennedy:
There are two vacancies.
Mr.
Dawkins:
Um hum and you appointed who?
'a
Mrs.
Kennedy:
Cary De Leon and Janet Seitlin.
A.
Mr.
Dawkins:
I don't see Johnnie nothing on here, where did it come...
Mrs.
Kennedy:
It's... yes...
Mr.
Dawkins:
Where?
_
7i6
Mrs. Kennedy: It's in your backup.
Mr. Plummer: Yes, look over on the side column. By the way, Mr. Manager...
Mayor Suarez: Seitlin or Seitlins?
Mr. Plummer: I would hope that you could find a way in the future when you
send us our agendas that this side column that you've been filling in for us
has a synopsis. You could do it when you send us our original agenda, it's
sure helpful. I like it.
Mayor Suarez: Smile on his face, see. Get some positive feedback.
Mr. Dawkins: How many people on here are black? I mean, I just - I mean,
come one, give me a break here now. Come on, how many people on this
Commission... where's the lady? Call her back.
Mr. Plummer: How many members do you have?
Mr. Dawkins: How many of the people are black?
UNIDENTIFIED SPEAKER: Commission on the Status of Women?
Mr. Dawkins: Yes, ma'am, how many of them are black?
UNIDENTIFIED SPEAKER: I honestly don't know, sir.
Mr. Dawkins: Who are you then?
UNIDENTIFIED SPEAKER: I'm handling the affairs of the Commission on the
Status of Women.
Mr. Dawkins: And you are handling the affairs and you don't know the ethnic
makeup of the Commission? _-
UNIDENTIFIED SPEAKER: That's true. I have no idea .the racial, ethnic or =_
religious background of any of the people.
Mr. Dawkins: I move that this be deferred until I can find out what's what on
there and somebody can come before me who can tell me that.
UNIDENTIFIED SPEAKER: I'll be more than happy to check this out and get back
to you shortly on it.
Mayor Suarez: Move to reconsider - in the meantime, couldn't staff help us?
We must have an idea,
Mr. Plummer: All right.
Mayor Suarez: OK, let's just table the item and we have a pending motion to
reconsider.
Mr. Dawkins: No, I won't table it. Go ahead, go with what you've got.
Mayor Suarez: OK.
Mr. Plummer: Well then, that just stands._
L=
OE
NOTE FOR THE RECORD: Item twenty-nine is deferred. _
116 ,lUA 711+A$9
48. (A) APPOINTMENTS TO THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY:
Phillip Yaffa and Leland Taylor.
(B) URGE METROPOLITAN DADE COUNTY ALLOCATE TO THE CITY EXPECTED REVENUE
FUNDS IN CONNECTION WITH THE PROPOSED PLAZA VENETIA TAX INCREMENT
DISTRICT FOR FURTHER IMPLEMENTATION OF MUNICIPAL SERVICES.
-----------------------------------------------
Mayor Suarez: Item'30.
Mr. Dawkins: Twenty-nine.
Mayor Suarez: Twenty-nine he passed up on until he gets his...
Mr. Dawkins: Move thirty.
Mayor Suarez: Item 30's been moved.
Mr. Plummer: Wait, wait, wait. Who is Mr. Leland Taylor?
Mr. Matthew Schwartz: Mr. Taylor is president of the Brickell Association,
Brickell area association and he was the nominee of the Brickell Association.
Mr. Plummer: OK. And Yaffa is in Omni?
Mr. Schwartz: Mr. Yaffa is in Omni, Brickell and the core area. They have
properties in all three areas, Florida East Coast Properties.
Mr. Plummer: OK, thank you.
Mrs. Kennedy: Second.
Mayor Suarez: We have a motion and a second. Call the roll on those
nominations.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-553
A RESOLUTION APPOINTING MR. PHILLIP A. YAFFA AND MR.
H. LELAND TAYLOR TO SERVE ON THE BOARD OF THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR TERMS
EXPIRING JUNE 30, 1991.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
z there's already a plan of some sort that's been...
Mr. Schwartz: Yes, the City sent the agreement to the county about a year
ago, almost a year ago.
Mayor Suarez: Yes, that's, you know, I hope that, Mr. Manager, that we ride a
little bit on the county get those things resolved a little quicker.
Mr. Odio: We have...
Mayor Suarez: I mean some of it is at the electoral level. and maybe it's
not...
Mr. Odio: Oh, we have. I talked to Joe down in Ocean Reef, he said that
there was more than quorum problems, OK?
Mayor Suarez: Oh, it's more than quorum problems.
Mr. Plummer: Let me ask, those monies that are put into a pool, correct? The
monies are put into a pool.
Mr. Schwartz: Correct.. There has been no money placed in the trust fund at
all.
Mr. Plummer: OK, but the tax abatement...
Mr. Schwartz: Increment.
Mr. Plummer: ... increment is monies that are put into a pool to improve the
area.
Mr. Schwartz: Right, it has to be used for certain restricted uses within the
City and the county.
Mr. Plummer: Who controls the expenditure of those funds?
Mayor Suarez: Well, if the interlocal agreement is approved, we do, right?
Mr. Schwartz: The City does in this case.
Mayor Suarez: The Commission.
Mr. Plummer: The City Commission.
Mr. Schwartz: The City Commission is the development agency.
Mr. Plummer. And all expenditures of those monies follow the same bidding
procedures and everything that the City has to abide by.
Mr. Odio: But, Commissioner, I've been doing some research on tax increment.
We have the right to establish upfront what percentage can go to the general
fund to cover expenses we have in that area and I would like to do that in
this case.
Mayor Suarez: There is a plan, as long as Commissioner Plummer sort of began
to inquire, there's a plan running around, I think it's even been in editorial
already in the Miami Today about the plan of development pursuant to the tax
increment district. Has that plan been made, circulated among the
Commissioners so we get a chance to look at it?
Mr. Schwartz: The City Commission approve the...
Mayor Suarez: Or is it just a very preliminary study or what was it?
Mr. Schwartz: The City Commissioner approved the Omni redevelopment plan so
the County Commission, as a result of that, it was done two years ago, three
years.
Mayor Suarez: Oh, so it's the original plan that they're doing an editorial
on. Oh.
Mr. Schwartz: It's the original plan. As a follow up to that, it was a study
done on a poten... looking at some possible type projects in the area
including a trade mart, a media center. I believe, I will check it. The City
Commissioners should have received copies.
Mayor Suarez: If you have a synopsis or something that we can sort of give us
a feel, Matthew, that maybe the Commissioners can get.
Mr. Plummer: What is that, ten years? Ten years? The tax increment.
Mayor Suarez: Mr. Manager, has the issue of the - what's included in the
district and what buildings are included for taxation. Has that been
resolved?
Mr. Odio: No, sir, what I understand is and we're waiting, I guess, for a
legal resolution on this, is that if the tax increment district was created,
if the building was into the tax roll before that, you cannot just say, that's
part of the increment. And we feel that that's what happened with Plaza
Venetia in particular. So that would leave that building out of the increment
district.
Mr. Plummer: Why?
Mayor Suarez: How...
Mr. Odio: Because it was in the tax rolls prior to the increment district
being formed. So, therefore, it's not an increment.
Mr. Schwartz: It's no increment.
Mayor Suarez: How can, when we push for the district to be approved precisely
to capture that building, how could that have been left out?
Mr. Odio: Because the timing was wrong, whenever that was done.
Mayor Suarez: How could the timing have been wrong?
Mr. Odio: I don't know.
Mayor Suarez: If this whole thing was presumably guided by all of the
relevant...
Mr. Odio: There were a lot
of delays
if you remember in getting that
increment through the County in
the first
place. Do you remember when you and
A
I worked on that and, in the
meantime,
if the building went into the tax
roll...
Mayor Suarez: I know it was approved
in
plenty of time to capture it by the
county because I was present at
the County
Commission.
FE
Mr. Odio: We're checking that
now.
Mayor Suarez:
Mr. Plummer:
Mr. Odio: If it was in the tax rolls prior to the increment district being
formed or approved, it would not.
Mr. Plummer: Well, now, Herb's shaking his head and Matthew's shaking his
head. I mean, they're the ones that are going to be one of the best
recipients of it.
Mrs. Kennedy: Absolutely.
Mr. Herb Bailey: That was something that happened when we got this approval
that was a little unusual. It was delayed before the state verified the tax
rolls and it was delayed on purpose so that Plaza Venetia would have been
included in the increment at the time it was declared. And we've sent all of
the legal opinions and we have all the material that has been sent to the
county. The county understands that. They have already set aside the money.
There's no doubt, based on all the information we have, that Plaza Venetia is
in the tax increment district.
Mayor Suarez: OK, let's hope it gets resolved favorably to the district.
Otherwise, we will have really created a...
Mr. Bailey: Now, I think there seems to be some legal differences as it
relates between the attorneys, but...
Mrs. Kennedy: When will you know? When can you come back to us with a
definite answer?
Mr. Jorge Fernandez: What my office is trying to do is that we're trying to,
of course, get Plaza Venetia included in it and I understand, like Mr. Bailey
has said, that the monies have already - the county has taken care of
segregating the money so it's a question of us being able to advance
sufficient legal arguments to show that, in fact, the City's entitled to that
which they have already segregated.
Mrs. Kennedy: How long will it take you to find out?
Mr. Bailey: Well, the next step is the finance committee of the county has to
pass interlocal agreement. And once they pass that agreement, we are legally
permitted to accept those monies into a trust fund. We are bound to set up a
trust fund once they pass that agreement. As it stands now, it is really not
official because, under one set of circumstances, you are obligated to set
aside the funds, but on the other side, you're not obligated to transfer it to
us until they finish that legislation.
Mr. Plummer: How many years is that for?
Mr. Bailey: It's for as long as there's an indebtedness outstanding against
the taxes. It could be, and it doesn't have to be for the full thirty years,
but the statute states for as long as there are obligations out, for projects
that we have bonds outstanding, then the tax increment district is in place.
Normally bonds have gone out for 30 years. Now there are, you know, some
flexibilities within that but I think where we are now, we have to first get -
become legal - we have to get the county is some sort of way to take up that
action on the interlocal agreement that gives the City the authority to set up
the trust fund so we can manage those funds. We have been trying, in a number
of ways, to get that done...
Mayor Suarez: Well, it's very close now on that score. I think it's just a
matter of making sure that the entire board acts on it if the finance
committee of the county cannot meet for lack of quorum and I guess Sherman
Winn's been sick and that's been part of the problem.
Mr. Plummer: Question. Mr. Manager..
Mayor Suarez: At least that's what we hear, Herb, that' what we're told.
Mr. Bailey: Right.
Mr. Plummer: Mr. Manager, of that $800,000 anticipated, what would you
anticipate would be your requirement for City services?
11
Mr. Odio: If we can issue, it would be 50 percent.
Mr. Plummer: I Mould make a motion at this time that none of those monies be
expended until such time as this City Commission...
Mayor Suarez: You don't need to make that motion.
Mr. Plummer: Why?
Mayor Suarez: Because the monies will not be expended until the Commission
which will be the development board approves any of the expenditures.
Mr. Plummer: Let me tell you my problem.
Mayor Suarez: I mean, unless I'm wrong somewhere, but I...
Mr. Plummer: I'm hearing now that they've already got plans and running with
plans.
Mr. Bailey: For what?
Mr. Plummer: Plans, a master plan for the Omni area.
Mr. Schwartz: Well, the City Commission approved the master plan but actual
expenditures of funds of how it should be spent would be back to the
Commission.
Mrs. Kennedy: We did approve it already.
Mr. Plummer: But at that time, it was not known, Mr. Schwartz, that the City
could recoup its municipal cost factor back out of it. Knowing how people
operate around here, they're going to try to spend 100 percent of that money
for their own self interest which is you - you know, I understand that. But
if now, today, we can get 50 percent of it back to pay for the municipal
services we're providing, their project is cut exactly in half.
Mayor Suarez: But, J. L., we could take a hundred percent back and not
declare a district...
Mr. Bailey: Well, there...
Mayor Suarez: ... we declared a district so that we could use the tax
increment for capital projects to improve the area. But it important to
know...
Mr. Plummer: All I was trying... Mr. Mayor, all I was trying to establish
was...
Mayor Suarez: Right, some amount could be used for administration and
general - that's right.
Mr. Plummer: ... that people know that the City is looking to get 50 percent
of the money back.
Mr. Bailey: Commissioner, I think, maybe, it's not quite that simple. There
are agreements that we have with the county which is the ruling authority
here, specifically states that before you prepare any item for expenditure,
even if you go out for bond indenture, they have to approve the budget. We
recommend, through resolutions here and ordinances, but we take it back to the
County Commission and then they have to approve it. Now, before you make any
recommendation here, we have to bring a project before you, just the way we do
anything else, so you just can't - no one can say we want to spend X number of
dollars without this Commission having a review.
a!
v
Mayor Suarez: Let's put it this way, we're creating a capital fund and some
of the monies, according to what the Manager informed us and that Commissioner
Plummer's emphasizing, could be used for administrative aspects of
implementing it. Wait, wait, Herb. But whichever, anything that is done has
to be finally approved by this Commission and then - I don't know that the
County Commission then has to then approve it, I think once the interlocal_
agreement is in place, we are the development board, are we not?-
121 June 7, 1 8.9
Mr•. Bailey: You're the CRA, but the County Commission has to approve the
budget and the bond validations. Now, one other thing, all of the money has
to go into the trust fund. Now, for expenditures from the trust fund, if
you're going to issue bonds, that's one set of monies and you have to have
that 1.25 debt service coverage.
Mayor Suarez: That's the set of monies we use for capital and if you're
talking about capital improvement projects. If you're talking about using
some for operations or administration, or whatever you want to call it, we'd
have to specify it.
Mr. Bailey: Now, if there's some left - if there's some money left over after
the debt service coverage is covered, then you can go back to the county and
ask for that permission.
Mayor Suarez: That's one way to look at it. What he's saying, is another way
to look at it is that we scale down projects and take some of the money for
administration. I'm not sure that...
Mr. Plummer: But, Mr. Mayor, the way people operate around this City I'm
saying that we need to establish up front, OK? If you're talking now, not
only 50 percent for this but 1.5 which is more than 50 percent of the funds,
I'm saying let's send a message out today before people start picking up a
ball and running with it, that this City is expecting that 50 percent of those
funds will be returned to the City for the providing of municipal services.
And that's all I was trying to do with my motion was to send a message.
Mayor Suarez: Oh, I thought you... the motion was to say that nothing could
be actually spent without Commission approval.
Mr. Plummer: Well, that goes without saying. What I'm saying is...
Mayor Suarez: Now, if you're saying that you are going to, in fact, try to
fix, at this point, by motion, by the percentage of the total fund created
that would, somehow, have to used for administration, I could not vote with
that but I un...
Mr. Bailey: Well, you got to understand, all of that is not your money. The
county make a contribution and the City makes a contribution.
Mayor Suarez: Yes, right away, if you took - that's an interesting point, if
you took 50 percent of our portion of the taxes, that would be roughly 25
percent of the total.
Mr. Bailey: You see, you're now taking county money, that's why the county...
Mayor Suarez: And the county might not like it - might not take kindly if we
use the tax increment fund that's supposed to be for capital projects, take 25
percent of the total amount which is 50 percent of our contribution and keep
that for operations. I... anyhow, but we do have to approve it and if you
want to send the message that we - we may want to look at some of the monies
for administration, that's a policy decision for the Commission.
Mr. Plummer: Well, I'm sending the message whether this Commission does or
not, I'm sending a message that I do expect a portion of those monies to be r
returned to maintain. Because if not, the other side of the coin, I am not
going to make other areas of this community suffer to cover their lack of
funding for the municipal.type of services. That would be unfair to pull from
Wynwood and to pull from anywhere else to cover this thing when they're not
making their fair share portion.
r
Mrs. Kennedy: And if that's your motion, I'll second it.
Mayor Suarez: Moved and seconded
Kind of a general motion...
Any discussion of the motion as stated?
Mr. De Yurre: You know, we got to make sure that
neighborhoods.
Mr. Plummer: That's right.
122
Mr. De Yurre: Neighborhoods is the key word here today - neighborhoods. And
it's always been that way. It comes to a point in time that people just can't
absorb these costs.
Mr. De Yurre: And, you know, we need to....
Mr. Plummer: That time is already passed.
Mayor Suarez: In the meantime, it's very important that we get to see what
that latest version of the capital improvement plan looks like. I have not
seen it in a while and I don't know how concrete it is. So before we start
divvying up and reducing projects to use money for operations or whatever.
Mr. Jorge Fernandez: Mr. Plummer, point of clarification, your motion,
actually then, does not contain a specific percentage.
Mr. Plummer: No, sir, we're just sending a message that the City expects that
part of those funds will be used to cover the providing of municipal services.
Mr. Bailey: That's fine, Commissioner. I would suggest maybe you ought to
get our bond counsel to give you an opinion. I don't think what you're saying =_
is that clear cut. I mean, it's all right with me, but I just don't want you
to think that somethings...
Mayor Suarez: Send a resolution to our bond counsel and get a report back
from the bond counsel.
Mr. Bailey: ... that something that's going to happen, that's not going to
happen because there are ways you can do it. Miami Beach never did issue a
bond and they spent a lot of money. That's all right but what I'm telling you
is that the money that goes in there, one part comes from the county and one
part come from the City. I don't think that we have the prerogative to make a
decision on how the county is going to let us spend their money.
Mr. Plummer: Herb, it's simple, we'll just replace you with Gerald Schwartz,
that's all. I mean, don't worry about it.
Mr. Bailey: I can't live off that fee.
Mayor Suarez: Call the roll on the motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-554
A MOTION OF THE CITY OF MIAMI COMMISSION URGING
METROPOLITAN DADE COUNTY TO CONSIDER THAT THE CITY OF
MIAMI EXPECTS THAT A PORTION OF THOSE FUNDS SET ASIDE
BY THE COUIJTY IN CONNECTION WITH THE PROPOSED PLAZA
VENETIA TAX INCREMENT DISTRICT BE REIMBURSED TO THE
CITY FOR FURTHER IMPLEMENTATION OF MUNICIPAL SERVICES,
ONCE THE COUNTY HAS FAVORABLY AGREED TO AN INTERLOCAL
AGREEMENT WHICH BESTOWS UPON THE CITY THE LEGAL
AUTHORITY NECESSARY TO SET UP THE TRUST FUND FOR THE
MANAGEMENT OF SAID FUNDS.
Upon being seconded by Commissioner Kennedy, the motion 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
NOES: None.
ABSENT: None.
123 _ .Tune 7, 1989 =
-
Mayor. Suarez: Matthew and. Herb, really, the point Is the Commission is going
to want to exert as much oversight as possible to make sure that either the
capital projects are so great that we shouldn't take anything or, as
Commissioner Plummer's indicated, he wants to take as much as 50 percent of
the entire fund which would create all kinds of problems with the county, but
we want to look at what you're proposing and we want to be aware of it before
it gets to the final vote.
Mr. Plummer: Let me clarify that. Commissioner Plummer warts to take as much
money as the Manager can justify...
Mr. Dawkins: Thank you.
Mayor Suarez: Sure.
Mr. Plummer: ... in saying that this is what it costs to provide the
services. He said up to 50 percent. I did not say that.
Mayor Suarez: He would like a hundred percent. He wanted the district never
to really be declared because he would have preferred the monies to go right
into the general fund.
Mr. Plummer: Well, Mr. Mayor, you know, when you stop and consider...
Mayor Suarez: Yes, I...
Mr. Plummer: ... that ad -valorem taxes in this City only address 30 percent
of the general fund.
Mayor Suarez: We've talked about tax increment. Remember the last time we
were talking about tax increment financing with the possibility of the
Performing Arts Center, you pointed out that the more we take these future
taxes and plow them into capital projects...
Mr. Plummer: The less we've got.
Mayor Suarez: ... the less we've got in the future. Of course, the other
argument is that if we don't create the district, we're not going have the
capital growth and we're not going to have the taxes anyhow. That's a tough
one there.
Mr. Plummer: Be hard to justify on Brickell Avenue.
Mayor Suarez: Very tough to justify on Brickell there. It's not particularly
easy to justify it on Mr. Morris' property really, Allen Morris' property.
That's really downtown.
-------------------------------------------------------------------------------
49. CO -DESIGNATE N.W. 17TH STREET FROM N.W. 27TH AVENUE TO N.W. 37TH AVENUE
AS "FATHER FELIX VARELA STREET".
Mayor Suarez: Item 32...codesignation of...
Mr. Plummer: Mr. Mayor, I was the one that held that up. They brought me the
backup material on it in Spanish, I finally got it translated and I will vote
with the motion favorably. The only question - and this doesn't speak to this
particular individual - we are getting requests around here, Mr. Mayor, faster
than we can get signs put up about designating streets for individual people.
I would like to suggest to this Commission, what we're actually doing is
honoring an individual by naming a street and I think that we need to
consider, in the near future, or if not, now, that when we name a street, we
name one block. The designation and the honor to that individual is still
there but when you start stretching out, I think, Luis Sabines Way goes from
12th Avenue....
Mr. De Yurre: To Naples.
Mr. Plummer: ... out to the Seminole Indian Everglades, OK? Now, if we're
going to continue these things have multiplied like jack rabbits in request
124 June Z, 19,89..
and I juat personally think that we're paying the due respect and the honor to
the individual by just naming one block, that's what they're looking for. And
when you hear this one before us, and I'm not speaking against it, this is for
ten blocks. Now, I just think that we've got to come to some kind of a
situation. We have another request here for Second Street. So I'm saying
that I would like to see us come to a policy in honoring an individual that we
deem proper, that we designate one block rather than infinitum and maybe
there's a different thinking around here, but we're just going to run out of =
streets. —
Mayor Suarez: And maybe a whole new procedure where we go back to the old
system of having a committee and having some standards because you're right,
it's....
Mr. Plummer: Well, I would - I don't want to move it - this is somebody
else's item, but I would to see to start today to start with Father Felix
Varela Street a street and they can pick any one of the streets from 27th to —_
37th on N.W. 7th Street, pick the one that they want which is significant if
there is one that is significant and we name that street after that
individual. I just....
Mrs. Kennedy: That makes a lot of sense to me.
Mr. Plummer: I think we're going too far. I just really do.
Mr. De Yurre: I think that you make a good point, but I think that we should
start that policy the next Commission meeting.
Mr. Plummer: OK, fine. You know, I've just...
Mr. De Yurre: OK, I'll move this item.
Ms. Gloria Rosello: Mayor and member of the Commission...
Mr. De Yurre: Gloria.
Mr. Dawkins: Seconded.
Mayor Suarez: Moved and seconded.
Mr. Plummer: It's going, it's flying.
Mayor Suarez: It looks like it's going to pass and you have momentum on your
side.
Mr. Plummer: No, I'll vote for it. I'll vote for it.
Ms. Rosello: No, I just want to say that in the name of Monsignor Roman that
he will be there with you the
day of
the inauguration. That he cannot be here
today that lie
thanks you all.
Thank
you.
Ilk -
Mr. De Yurre:
OK, great.
Mayor Suarez:
Thank you. Moved and
seconded. Any discussion? If not, call
the roll.
Mr. Dawkins:
He should have
thanked
us after we voted not before we vote.
Mr. De Yurre:
He's taking a
chance.
125 June 7, 1989
_
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-555
A RESOLUTION CODESIGNATION NORTHWEST 17 STREET FROM
NORTHWEST 27 AVENUE TO NORTHWEST 37 AVENUE, MIAMI,
FLORIDA, AS "FATHER FELIX VARELA STREET"; 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 Dawkins, 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
NOES: None.
ABSENT: None.
50. (Continued Discussion) URGE STATE GOVERNOR BOB MARTINEZ TO EXPEDITE
IMPLEMENTATION OF LEGISLATION TO PROVIDE SORELY NEEDED DOCUMENTARY STAMP
SURTAX REVENUE TO FUND THE COST OF LOCAL GOVERNMENTS (See label 2).
Mayor Suarez: Commissioner Dawkins, the resolution that we passed this
morning on asking the Governor to not veto legislation is on the documentary
stamp surtax, is that correct?
Mr. Dawkins: Um hum.
Mayor Suarez: Should we get this resolution to reflect that, Mr. City
Attorney? The resolution, as drafted, said sales surtax revenue to fund the
cost of local governments who are charged meeting the needs of citizens at the
level which includes the furnishing of affordable housing. The implication,
the way it's drafted, it could be referring to that penny sales tax surcharge
or some other tax but what's referred to here is the elimination of sunsetting
for the documentary stamp surtax that was pushed through this legislature by
Senator Meek and others.
Mr. Plummer: Wait a minute. What are you talking about?
Mayor Suarez: This is what we passed this morning and we want a formal
resolution but it doesn't read quite...
Mr. Jorge Fernandez: So, instead of having the word, sales surtax...
Mayor Suarez: Documentary stamp surtax.
Mr. Fernandez: ... just put documentary surtax revenue. =-
Mayor Suarez; OK.
Mr. Fernandez: Yes, that would do it.
Mayor Suarez: With that change I'll entertain a motion on the resolution.
Mr. Dawkins: So move.
Mr. Plummer: Second it.
Mayor Suarez: We passed it this morning already. Call the roll.
Mr. Plummer:-y,,fcre he gets that pen out.
Mr. Dawkins: Yes, to veto it.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-556
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
HONORABLE BOB MARTINEZ, GOVERNOR OF THE STATE OF
FLORIDA, TO EXPEDITE THE IMPLEMENTATION OF LEGISLATION
ADOPTED AT THE PAST STATE LEGISLATIVE SESSION WHICH
ESTABLISHES A PRACTICAL METHOD OF PROVIDING SORELY -
NEEDED DOCUMENTARY STAMP SURTAX REVENUE TO FUND THE
COST OF LOCAL GOVERNMENTS WHO ARE CHARGED WITH MEETING
THE NEEDS OF CITIZENS AT THE LOCAL LEVEL WHICH
INCLUDES THE FURNISHING OF AFFORDABLE HOUSING;
FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE HEREIN NAMED OFFICIAL.
(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 Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: One more possible change, Mr. City Attorney, if it's OK with
the movant...
Mr. Fernandez: Yes.
Mayor Suarez: ... instead of stating it in the negative that Governor not
nullify or whatever, state it in the positive that he implement that
legislation. It might be a little nicer.
127
Mr. Plummer: When you're checking that, would you - Mr. Mayor...
Mayor Suarez: Yes,
Mr. Plummer: Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Mr. Plununer: ... when you're checking that, would you check something else
for me? _
Mr. Fernandez: Sure.
Mr. Plummer: I guess I could check with my brother, but I never see him. I
was told that the University of Miami received from the state approximately
$40,000,000. Huh?
Mr. Dawkins: Where's our lobbyist?
Unidentified Speaker: I didn't see the money, I don't know how much....
Mr. Plummer: How in God's name - I love the University of Miami - but they're
a private institution for profit. They get $40,000,000 and the largest City in the State of Florida gets under three.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: But nothing.
Mayor Suarez: I just want to correct. I don't think they're for profit, but
they're definitely private.
Mr. Plummer: All right, excuse me. They're still a private institution...
Mayor Suarez: Yes and and that...
Mr. Plummer: ... they're not a state institution.
Mayor Suarez: And they got how much did you say?
Mr. Odio: I don't know.
Mr. Plummer: Near $40,000,0001 How in God's name, what is the rationale or
thinking of our so called elected officials who give $40,000,000 to a private
institution and turn around and give us a bone in the City of Hiami for under
$3,000,000?
Mr. Dawkins: It's known as the good old boys' network.
Mr. Plummer: Well, then, these good old boys ain't playing the right
ballgame.
Mr. Dawkins: I couldn't agree with you more.
Mr. Plummer: Now I would ask, that you come back and tell us. Because I'll
tell you something, when I heard that, it just absolutely - I don't know about --
the rest of you.
Mr. Dawkins: OK, well don't we ask...
Mr. Plummer: It makes no sense...
Mr. Dawkins: Why don't we have the Mayor ask the chairman of the Dade
Mr. Plummer: That's fine with me, I just...
Mrs. Kennedy: Could you check on those figures, Aurelio, to make sure that's
accurate, please? AK.
Mayor Suarez: You know, if the Commission wanted to say too, as a resolution,
and not necessarily for action today, that we first of all favor elementary
and high school edu... public education from state funds and, secondly, public =_
higher education and then finally, you know, some minor subsidy to the extent
that they could be done to private education.
Mr. Plummer: In a state school, I understand that. That's like public —_
education, but on a university that is charging $11,000 a year tuition.
Mayor Suarez: Yes, I have a lot of problems with it and that's what I'm
saying, but to get clear the priorities, we need a lot of help with our public
school system here.
Mr. Plummer: We need help in the City.
Mayor Suarez: And... well, we've never instructed our lobbyist to be on the
lookout for other people who get substantial amounts of money and other
entities, but maybe we should have. =-
Mr. Plummer: Well, I'd like to hear it as soon as he finds it in the book.
Mayor Suarez: Mr. Manager, we'll get the lobbyist whom we pay...
Mr. Dawkins: Well, Frank, and Frank Cobo is hired him.
Mayor Suarez: ... and the chief of the dele...
Mr. Plummer: No, no, no, that's not the thing to do. The thing to...
Mayor Suarez: And the chief of the delegation whom Commissioner Dawkins =_
requested I'm sure will be here.
Mr. Plummer: Hire the lobbyists at the University of Miami have.
thing to do.
UNIDENTIFIED SPEAKER: That's what we just said.
Mr. Dawkins: That is correct.
UNIDENTIFIED SPEAKER: Right.
Mrs. Kennedy: Yes.
That's the
Mayor Suarez: I don't think the lobbyists are what does it, I think what
Commissioner Dawkins said before is what does it, but...
Mr. Plummer: What? The good old boys?
Mayor Suarez: Yes. You do want the chairman of the delegation anyhow to make
a report.
Mr. Plummer: Let's make sure that what I heard is correct.
Mr.. Odio: Let me - I'm looking for the number but I think - remembered they
have Jackson Memorial Hospital included in that package that they get.
Mayor Suarez: Now, that is a whole different story, that is a whole different
story.
Mr. Plummer: That's a different ballgame, that's part of it, that's -_
legitimate.
Mr. Odio: That's why they...
Mr. Plummer: But what goes to the University for the operation of the
University?
129 June 7 19$9 -
----------
Mr. Odio: I think it would go for University of Miami/Jackson :Memorial
Hospital.
Mr. Plummer: If that's the case, that's fine. That's money well spent.
Mayor Suarez: Vell, let's be careful what we put into the record before we
put into the record these kind of statements about $40,000,000. —
Mr. Odio: Let me find out the exact amount and I'll let you what for.
Mr. Plummer: OK.
------------------------------------------------------------------------------
52. RATIFY MANAGER'S FINDING OF EMERGENCY REGARDING PROCUREMENT OF SECURITY
SERVICES FROM MINORITY INVESTIGATIONS AND SECURITY TEAMS, INC., AND
ELECTRICAL SERVICES FROM F.P., INC. - for the operation of the jobs
outreach project (See label 56).
------------------------------------------------------------------------------
Mayor Suarez: Item 33.
Mr. Odio: Mr. Mayor, this is...
Mr. Dawkins: Move it.
Mr. Odio: OK.
Mrs. Kennedy: This is for jobs outreach project, I second.
Mayor Suarez: Moved and seconded, any discussion on 337 If not, call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-557
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION AFTER A DULY ADVERTISED PUBLIC BEARING, THE
ACTION OF THE CITY MANAGER FINDING THE PROCUREMENT OF
SECURITY SERVICES FROM MINORITY INVESTIGATIONS AND
SECURITY TEAMS, INC. (MIST) IN THE AMOUNT OF $9,833.00
AND ELECTRICAL SERVICES FROM F.P., INC., IN THE AMOUNT
OF $5,518.00 FOR THE OPERATION OF THE JOBS OUTREACH
PROJECT AS AN EMERGENCY AUTHORIZING THE ISSUANCE OF
PURCHASE ORDERS FOR THESE SERVICES FOR A TOTAL
PROPOSED AMOUNT OF $1.5,351.00; ALLOCATING FUNDS
THEREFOR FROM SPECIAL ACCOUNT NO. 921048-270.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, 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
NOES: None.
ABSENT: None.
130
AML
53. ACCEPT COMPLETED WORK AND AUTHORIZE FINAL PAYMENT: MIRI CONSTRUCTION,
INC. - for Manor Highway Improvement - Phase IV. _
Mayor Suarez: Item 34. Accepting completed work, Miri Construction. I'll
entertain a motion on it.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded, any discussion? If not, call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-558
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MIRI
CONSTRUCTION, INC. AT A TOTAL COST OF $1,807,040.90
FOR MANOR HIGHWAY IMPROVEMENT - PHASE IV CIP PROJECT
NO. 341119 AND AUTHORIZING A FINAL PAYMENT OF
$174,763.95.
(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 Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
54. ACCEPT COMPLETED WORK AND AUTHORIZE FINAL PAYMENT: ROB -EL CONSTRUCTION
CORPORATION - for Manor Highway Improvement - Phase III.
Mayor Suarez: Item 35...
Mr. Dawkins: 14ove it.
Mayor Suarez: ... accepting completed work of...
Mrs. Kennedy: Second.
Mayor Suarez: ... Rob -El Construction. Moved and seconded. Any discussion?
If not, call the roll.
RESOLUTION NO. 89-559
A RESOLUTION ACCEPTING THE COMPLETED WORK OF ROB -EL
CONSTRUCTION CORPORATION AT A TOTAL COST OF
$904,413.17 FOR MANOR HIGHWAY IMPROVEMENT - PHASE III
CIP PROJECT NO. 341090 AND AUTHORIZING A FINAL PAYMENT
OF $108,185.45, SUBJECT TO CERTAIN CONDITIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, 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
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
55. DISCUSSION CONCERNING STREET VENDOR ORDINANCE.
Mayor Suarez: Item 37. I don't see Miss Debra Basham. Item 38, if she shows
up. Mr. Vice Mayor.
Mr. De Yurre: You know, on this issue of street vendors, I have a...
Mayor Suarez: Attorney for Debra Basham.
Mr. De Yurre: ... couple of street vendors are sitting right over here and I
told them to come by at this point in time so we could maybe get some light on
this situation.
Mr. Plummer: What are we on?
Mrs. Kennedy: Thirty-seven.
Mr. De Yurre: They are selling - they have one of those hot dog...
Mayor Suarez: Carts or...
Mr. De Yurre: ... carts right in front of the Metro Justice Building,
thirteen...
Mr. Plummer: You mean all 12 of them?
Mr. De Yurre: No, there's only 7 there, I believe.
Mr. Plummer: There's eight the last time I was there. You can't walk on the
street...
Mr. De Yurre: OK, but now they don't have any because they've been ousted
from there and the county, somehow, has passed out a permit to, I guess, lease
the street, the sidewalk. That's exactly what I've heard and I know that's
out there where they stand so...
Mr. Plummer: Say that again, the county is doing what?
Mr. De Yurre: The county - do you have the little slip there?
132
Mayor Suarez: Somehow licensing those that can be there and cannot, and that
there may be a little jurisdictional problem there.
Mr. Plummer: Well, that's the same thing we did downtown.
Mayor Suarez: Except that I thought that was our jurisdiction.
Mr. De Yurre: OK, well, they're passing out this form that says, application
for permit to conduct private business on county property. And last I heard,
the sidewalk was still our property.
Mayor Suarez: I thought it was.
Mr. De Yurre: So, you know, we need to....
Mr. Plummer: Did we do 35?
Mrs. Kennedy: No, it wasn't 35.
Mayor Suarez: Sidewalks in front of the Courthouse, if we want a snap opinion
from the City Attorney.
Mr. Plummer: Well, I'll tell you, Mr. Mayor, you know, I'm not speaking to
the issue who has the control and authority. All I'm saying to you is, the
last time I tried to walk out of that building, there were eight vendors and
you could not walk on the sidewalk and that's probably what they're trying to
do.
Mr. De Yurre: Well, no, they got them there.
Mr. Plummer: Huh?
Mr. De Yurre: They've got them there, because there was a feud as to who had
the right to stand there and sell their food.
Mr. Plummer: Well, we did the same thing downtown.
Mr. De Yurre: I know, but who has a right to do that? - we or the County?
Mr. Plummer: Oh, who has the right? I don't know.
Mr. Maxwell: Mr. Mayor.
Mr. De Yurre: That's a point that I am trying to bring...
Mayor Suarez: Yes, Mr. City Attorney - Joel.
Mr. Maxwell: The permit that I am looking at here, and this is the first time
I!ve had an opportunity to look at it, says an application permit to conduct
private business on County property. If they are speaking about the paved
area...
Mrs. Kennedy: What do you mean County property?
Mr. Maxwell: Well, I... we...
Mayor Suarez: That's what the permit says.
Mr. Maxwell: Well, we don't know, the County property presumably would be the
area away from the right-of-way between the right-of-way and the building
itself, which is a large paved area.
Mr. De Yurre: I'm talking about the sidewalk.
Mr. Maxwell: If they are talking about the sidewalk, then the sidewalk of
course does fall within the purview of our vending ordinance and they would
have to comply and it does not allow for the County to lease spaces or do
anything of that nature.
Mr. De Yurre: Well, I would like to direct the City Attorney's office to look
into this issue and to come with a solution because 1 was surprised when they
came to me yesterday with this problem and certain I think that it is our
jurisdiction and I want to keep it that way.
133 June 7, 1989
Mr. Maxwell: Yes, sir.
Mr. De Yurre: OK? Thank you.
Mayor Suarez: Didn't we specify where they couldn't be in the Grove?
Mr. Plummer: Did we put a distance between vendors?
Mr. Jorge Fernandez: We designated the specific places.
Mayor Suarez: OK, do we have a motion on that? Actually, we don't even need
a motion. The County should not be issuing permits to use property that
belongs to the City, so...
Mr. Maxwell: No sir, we've checked that...
Mayor Suarez: You might want to use the wording, if you have to send a letter
of injunction or damages or injunctive relief or physical removal of...
Mr. Maxwell. All right, if we find that they are in violation, we have
remedies within the Code itself and our Police Department can enforce that.
Mayor Suarez: He's bringing the Police Department into it, he said. OK.
56. (Continued Discussion) CONCERNING RATIFICATION OF MANAGER'S FINDING OF
EMERGENCY REGARDING PROCUREMENT OF SECURITY SERVICES FROM MINORITY
INVESTIGATIONS AND SECURITY TEAMS, INC., AND ELECTRICAL SERVICES FROM
F.P. INC. — for the operation of the jobs outreach project (See label
52).
------------------------------------------------------------------------------
Mr. Plummer: Can I go back and ask a question on item 337
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Mr. Manager, why are we providing at outreach centers security,
when I read here, it says, security was initially provided by the Police
Department.
Mr. Odio: Because it was too expensive...
Mr. Plummer: However, upon being given one day's notice, the Police
Department ceased providing security at these sitest
Mr. Odio: No, I stopped it.
Mr. Plummer: What?
Mr. Odio: I took the Police out of that, out of those trailers. I didn't
want to have Miami police officers sitting, protecting those trailers...
Mr. Dawkins: This has already been done, J.L.
Mr. Odio: ... day and night.
Mr. Dawkins: We've already done that.
Mr. Plummer: No, no, I'm asking why...
Mr. Odio: I wade a decision, Commissioner, based on the fact that we :needed
police officers out patrolling and not sitting on a trailer.
Mr. Plummer: Mr. Manager, why do you need a security guard in a trailer for
jobs?
Mr. Odio: Because the trailers stay there 24 hours a day and they, were. not
exactly in very nice areas and I was told they would not be there in the
morning.
134 June 7-, 19,$9
n
A
Mr. Plummer: Are you going to provide a security guard to my next door
neighbor who has been robbed three times in seven days because his house is...
Mr. Odio: No, because I was responsible for those trailers, Commissioners and
if the trailers were damaged...
Mr. Plummer: Huh?
Mr. Dawkins: He is not responsible for your neighbor's house, only for the
trailers.
Mr. Odio: No, we were responsible for the trailers. We leased them. The
Department of Labor leased them and we had to protect it. They were out in
the middle of the street.
Mr. Plummer: Unbelievable! And our Police Department can't protect the
trailers when they are not being used.
Mr. Odio: They could have, but we chose not to, because it would have taken
away police officers that were needed somewhere else and that was my decision
to move them out and have private security there.
Mr. Plummer: And how long a period of time is this?
Mr. Odio: It was only a month, they are gone, it is finished.
Mr. Plummer: $9,000.
Mr. Odio: It's finished, the project...
Mr. Plummer: $300 a day.
Mr. Odio: Yes, sir.
Mr. Plummer: Incredible. Thank you, Mr. Mayor. City taxpayer's money is a
different color, I guess.
NOTES FOR THE RECORD: At this point, agenda item 38 was brought
up for discussion and the record reflected no appearance by
interested parties. Item 39 was withdrawn.
57. INSTRUCT CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION TO RESTRICT
PURCHASES BY ALUMINUM RECYCLING PROCESSING PLANTS TO ALU14INU14 CANS ONLY. -
Mayor Suarez: Item 40, Reynolds Aluminum Recycling Company, requesting an
amendment to revocable permit for operation of a recycling center at the Fire
College.
Mr. Dawkins: Mr. Mayor.
Mr. Dawkins: Me, I'm talking anywhere in the City of Miami.
Mr. Plummer: Well, the one that I've seen is the one here by the Fire
College. is there more than that one?
Mr. Nevin Isenberg: There is one on the Central Shopping Plaza across from
Flagler Dog Track and there is one on the Miami Food Depot parking lot in the
Little Haiti area
Mayor Suarez: OK, the one in the Fire College, I am sorry, is that also like
a trailer?
Mr. Plummer: Yes, it is trailer from an 18-wheeler.
Mayor Suarez: Parked or stationed on what kind of property, whose property?
Mr. Plummer: On the City's property.
Mayor Suarez: Oh, I would go with the motion that basically we restrict it
to...
Mr. Dawkins: Aluminum cans.
Mayor Suarez: Aluminum cans, and unless somebody can think of some other
category that makes sense, but anything else, no way.
Mr. Plummer: Last night on television a guy from Metro was asking for a
grant. He through when they were throwing rocks through his windows that they
were breaking into his house. They were only stealing the windows for the
aluminum.
Mr. Dawkins: See, my problem is not with the resale, or the recycling of the
aluminum. I am trying to create as much of a problem for, the guy who is
ripping it out, to get rid of it. See, now if he has to take it five, six,
eight or ten blocks, he's going think twice before he rips it out, but if just
has got to walk to the corner with it, he going to
Mr. Isenberg: Well, Commissioner Dawkins, I wouldn't have come back before
this, had I not drawn from our meetings that you were opposed to this...
Mr. Dawkins: But you told me sir, you told me, that... tell me what'you told
me.
Mr. Isenberg: I came before you and after...
Mayor Suarez: And give us your name on the record, please.
Mr. Isenberg: I'm Nevin Isenberg, I'm the area business manager for Reynolds
Aluminum Recycling Company here in Miami and I had contacted Lt. Stubblefield
in the City of Miami police, got his recommendation on what we should do. I
had sent Commissioner Dawkins a letter describing what I had gotten from Lt.
Stubblefield, plus a copy of our guidelines for purchasing non -can material.
When I met with you in late March, I was under the impression that you said
that the big concern with you was the aluminum awnings and I said we had
already discontinued purchasing those because we realized there couldn't be
that many scrap awnings in the City of Miami and that we don't want to
purchase stolen material any more than anybody wants to have it taken from
their houses.
Mr. Dawkins: Well, I'm sorry, there was a breakdown in communications. My
.........« 4e e. n1»m4niim nar*c etrinnpd from a home. That's my concern.
Mr. Plummer: Well, I tell you, it's a hell of a problem. They steal... every
vacant building In this town is windowless. Every onel
Mr. Isenberg: It was not my intention to take up the Commission's time. I was
under the impression that Commissioner Dawkins and I had resolved his
concerns.
Mr. Dawkins: I have no problems with you know, saying there was a breakdown
In communications. Perhaps I conveyed to you what I didn't mean, I don't have
no problem with that, you know, saying that, but my concern is that... you go
right ahead, Mr. Manager.
Mr. Odio: We are still getting reports, especially in that 54th Street area
that they are bringing stolen aluminum and I do have a problem with that
place, I wish we could close it down, period. I keep getting calls from
citizens all the time and they are concerned. We still...
Mr. Isenberg: Can I address that one in particular?
Mr. Dawkins: No, wait, let me... you want us to do what, Mr. Manager?
Mr. Odio: I just wish... we have to control it or the temptation will be
there for people to come in with ripped aluminum.
Mr. Dawkins: And do we have to give a permit for them to operate in the City
of Miami?
Mr. Odio: I don't know, Commissioner. If they are in the private property
where they can... we can regulate...
Mr. Dawkins: They are consumer.
Mr. Plummer: Why not? We control...
Mr. Odio: We can regulate...
Mr. Plummer: We can regulate them as we do pawn shops.
Mr. Dawkins: That's right, they are a consumer. Well, oh, you got something
to say?
Mr. Joe Genuardi: We would have to give them a permit to put a trailer there
and we had an application for 54th Street, which we have rejected. We did
reject it.
Mr. Odio: Well, how can they be operating if they don't have a permit?
Mr. Genuardi: I will have to send somebody to look into it.
Mr. Plummer: They only have people there on the weekends and you of course,
don't have anybody that works on weekends.
Mr. Dawkins: OK, go ahead now, sir. Pull the mike up, please.
Mr. Isenberg: The permit that we have for 54th Street, we recently requested
a new one, primarily because we are right in the middle of three crack houses.
We came to the conclusion that we could not control the scrap purchases there
and as of the middle of April, we buy nothing but cans at that location. We
buy nothing but cans at that location. We came to the conclusion, between
dealing with the police and community leaders that we could not-control,it.
We could not guarantee that what we were purchasing of non -can material was
not stolen and we discontinued total purchases of anything other than cans.
;S
r
•
Mr. Plummer: And he's gone?
Mr. Cdios lie retired.
Mr. Plummert He retired.
Mr. Dawkins: How far sir, is the next recycle purchase site away from the
54th Street site?
Mr. Isenberg: I have one in the County that is at 103rd and NW 7th Avenue. I
have another one that's in the County at 27th...
Mr. Dawkins: No, no, in the City.
Mr. Isenberg: In the City, the nearest one in the City is the one at Central
Plaza, yes.
Mr. Dawkins: dentral where, sir?
Mr. Isenberg: Central Plaza is across from the Flagler Dog Track.
Mr. Plummer: 37th Avenue and NW 7th, across from Flagler Dog Track.
Mr. Dawkins: Well, all I can say is that I am against anything being
purchased within the City of Miami other than beer cans, I'm just one.
Mr. Plummer: Any kind of cans.
Mr. Dawkins: Aluminum cans.
Mr. Plummer: Yes.
Mrs. Kennedy: Yes, we need to regulate.
Mayor Suarez: Anything in our facility, but what about if they were just
located on totally private property?
Mr. Plummer: They've got to have a permit, which we won't issue.
Mr. Fernandez: They still have to go through the proper application to comply
with the zoning.
Mayor Suarez: Do we have a rational basis for preventing and just limiting it
to just one kind of material? - even if the zoning is proper, and it is their
own land and so on?
Mr. Fernandez: Yes you can. That's right. It is the conduct of a business
and you have a rational basis if you articulate it properly.
Mayor Suarez: We probably ought to articulate a rational basis, as you were
just getting ready to say, I think. A rational basis being that it is the
item that we most can be assured...
Mr. Fernandez: There is a direct relationship
between consumption of drugs
purchased, of crack, the whole issue of the criminality
involved with that and
the...
Mayor Suarez: And aluminum products that are not sort of littered cans that
are left all over the place which are creating a
nuisance anyhow.
Mr. Fernandez: And it has been proven already
by statistics and by police
reports that...
Mayor Suarez: Any other aluminum products that
are left lining around that.
you might suggest we should include other than cans that are never torn out of
homes; or...
Mr. Isenberg: There are standard pots and pans,
barbecue grills,. those types
of things that are not building construction.,
If you wanted_to exempt
building construction products...
t.
138
Jung 7 t 1989`
Mr. Isenberg: I guess I am going on the premise there are more windows than
there are barbecue grills.
Mr. Plummer: I don't know, not in this town!
Mr. Isenberg: I would like to address what the City Manager said. He said he
is still getting complaints, yet we stopped doing it eight weeks ago, and what
I contended back in March and what I contend today is that we have built in
enough safeguards that it is not us. Crack houses take aluminum, copper and
brass in trade for drugs. Yet, because we are visible, we are the culprit.
We have stopped.
Mr. Plummer: Yes, but you see, let me tell you, they'll do the same damn
thing here that they did out at Woodlawn Cemetery. They were out there
stealing the headstones off of graves, melting down the bronze and then
selling bulk pieces of bronze. Now, you do the same thing here, they are
going to take these window frames, they are going to find a way to boil them
down and sell you a bulk piece of aluminum and that's what I think we are
trying to discourage.
Mr. Isenberg: Commissioner Plummer, I can guarantee you, someone comes to me
with a ingot or a bulk piece of molten material, I wouldn't touch it with a
ten foot pole, nor would anybody in my organization.
Mr. Plummer: Well, you maybe, but somebody else would.
Mr. Isenberg: Somebody else may well, but what I am getting at is because of
our visibility, we are seen as the culprit. We have discontinued it, but the
theft still continues.
Mr. Dawkins: But what I am saying to you is, I am not picking on you. I'm
saying anybody who buys aluminum cans to recycle them within the City of Miami
can only purchase cans - anybody, you and anybody else!
Mr. Plummer: Let me make it simple. This vote here is for.cans only, that's
my position.
Mr. Isenberg: Now, is just on the one location or for throughout the whole
City?
Mr. Dawkins: Citywide.
Mr. Plummer: Citywide, I don't want to be a party to rest of it.
Mr. Isenberg: I would encourage not to do that. It impacts only on us, and
the not the person that's causing the problem. No one else has locations like
ours. You are impacting only on us and we can see in the Little Haiti area
when we discontinued doing it, it didn't resolve the problem.
Mr. Dawkins: Yes, but you saying I am impacting only on you and you are the
only one buying the aluminum cans from the guy who is stealing it, so, if I
impact on you, I solve my problem.
Mr, Plummer: But when they steal it, they are still going to take it to the
County, they got one on 103rd Street and I don't want to be a party to it.
Now, if the County wants to tolerate and permit it, God bless them. Let them
go to hell in a hand basket.
Mr. Dawkins: Will you bury them?
Mr. Plummer: Yeah, in an aluminum casket.
Mr. Isenberg: I should have stayed home.
Mr. Dawkins: Well, I make a motion that all recycling cans sites in the City
of Miami be allowed to purchase only cans for recycling.
Mr, Plummer;
might come up,
only buy cans.
Mr. Dawkins: I'm accept... that's the way I make the motion.
Mr. Plummer: I second.
Mayor Suarez: Then as to a Citywide application of this, I would think that
would be an ordinance?
Mr. Fernandez: Correct.
Mayor Suarez: And we are not acting on that today, I hope?
Mr. Fernandez: No, I will prepare something for you to properly pass for next
City Commission meeting.
Mayor Suarez: As to these sites, I'm personally ready to vote. As to the
Citywide application of an ordinance, you know, procedurally, I am not going
to keep you from trying it, Commissioner, but I won't vote for it I'd like to
give them ample time to study it and make sure that it is the right thing to
do.
Mr. Dawkins: The motion is to have the City Attorney draw up an ordinance
that permits only the purchase of used aluminum cans in the boundaries of the
City of Miami.
Mayor Suarez: And when do you want it to come back to us?
Mr. Dawkins: At the next meeting.
Mayor Suarez: OK, so move, I have no problem with that. I would like to
know, from the technical standpoint or from your viewpoint, what other ways we
can do... not now ...
Mr. Isenberg: OK, I realize that. I will be glad to get with all of you.
Mayor Suarez: ... for myself to see if we can find a less restrictive
ordinance.
Mr. Dawkins: Well, I don't plan to water mine down for you. Research all you
want, mine will not come down. I don't know about two others up here.
Mayor Suarez: OK, we have a motion, do we have a second? Commissioner
Plummer?
Mr. Plummer: Yes.
Mayor Suarez: OK, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-560
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE AN
APPROPRIATE ORDINANCE WHICH WOULD RESTRICT ALUMINUM
RECYCLING PROCESSING PLANTS TO BUYING ONLY ALUMINUM CANS
WITHIN CITY LIMITS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT:
Mr. Isenberg:
Commissioner Rosario Kennedy
Could I... just so I know, what was just voted'on?
M
140
June 7 1009 =
Mayor Suarez: We are going to have the City Attorney prepare an ordinance
that would only permit in the City of Miami, your operations as to cans, but
we are not passing on it today.
Mr. Isenberg: All right, as far as item number 40, I am just withdrawing.
There is no sense in going forward to just have it turned down.
Mayor Suarez: That's a good idea.
Mr. Isenberg: OK, thank you very much.
NOTE FOR THE RECORD: At this point Agenda item 40 was withdrawn.
58. DISCUSSION CONCERNING REQUEST FOR WAIVER OF WASTE FEE FOR UNOCCUPIED
UNITS AT OVERTOWN VILLAS LOW INCOME HOUSING COMPLEX.
Mayor Suarez: Item 41, Home and Housing of Dade, Inc.
Mr. Odio: They want a waiver, Mr. Mayor, on the waste fees for this project.
Mr. Dawkins: Why would you have waste fees where the building is empty?
Mr. Odio: They feel they can't afford it. I...
Mr. Dawkins: I say why would you have waste fees when the building is empty?
Mayor Suarez: Good question. Why would there have been a charge if the
Villas were not...
Mr. Dawkins: Occupied.
Mayor Suarez: Occupied. I didn't know we were charging unoccupied property.
Mr. Dawkins: I mean, if...
Mr. Odio: I think that's...
Mr. Dawkins: If nobody is living in the unit... yes, but there is nobody
living in the unit.
Mr. Odio: May I...
Mr.. Dawkins: Who is creating garbage for them to pick up?
Mr.
Odio: That's right, may I suggest that we have Joe
Ingraham meet
with
them and solve it?
Mr.
Dawkins: OK, all right.
Mr.
De Yurre: Hold it, but don't... isn't there a standard
policy, even if
you
own property, even if it is unoccupied, you
have got to
pay the waste
fee?
Mr.
Odio: That's right, you have to pay.
Mr.
De Yurre: Unless it is an empty lot.
Mr.
Odio: Yes.
Mr.
De Yurre: If it is an empty lot, you don't
pay, right?
Mr.
Odio: No, but the problem is what they
are saying
is, they have
been
f:.
unable to sell this property and that they want
us to waive
the fees.
-
141
June a,
1489 -
Mayor Suarez: Can we, as to this particular project that is having all of the
problems in the world, do this and not prejudice actions in other, in a more
universal....
Mr. Odio: I would suggest better we do something else and not set the
precedent.
Mr. Plummer: Would you find out?
Mr. Fernandez: If it could be handled administratively, it would be
preferable rather than making a...
Mr. Dawkins: I am asking for information only, can you not waive, but delay
the payment of it until the houses are sold and tack it onto the sale price?
Mr. Odio: That's a form of a lien.
Mr. Dawkins: Oh no, I mean, we are asking you to come back and I just trying
to see what we can come back with.
Mr. Odio: See, they become liens. Once you are delinquent, they become
automatic liens and they are subject to they be paid at the day of the
closing, so the fact is that is what you are doing.
Mr. Plummer: Well, who is this organization, Home and Housing of Dade, Inc.?
Ms. Betty Walker: I represent, Commissioner...
Mr. Odio: The Overtown Villas. Are you familiar with the Overtown Villas?
Mr. Plummer: That they are building?
Mr. Plummer: OK, but who is this organization, Home and Housing of Dade,
Inc.?
== Ms. Walker: Commissioner Plummer, I'm Betty Walker, I'm the executive
director of Home and Housing of Dade, Inc. We are a community based
organization that did construct with the HUD office, 34 units in the Overtown
area in two phases. There are 18 townhouse units on 18th Street, NW 1st Avenue
and there is an additional 16 units on 8th between 7th and 8th Street, where
we are really being almost terrorized by the neighborhood there, cannot get
sales there at this time and we have talked to most of the Commissioners.
Commissioner Dawkins is very familiar. Commissioner Kennedy's office has been
consistently with us in terms of trying to do something about the neighborhood
there, that's a little west of I-95 and the Mayor's office has sat with us
several times on it and we view it as not generating and certainly not being
serviced in any way at this time and we met the Waste Department and we've met
with others in the area and expressed this and most of them are aware of the
kind of media coverage we are getting because of the neighborhood and know
that at this time it is difficult to sell.
Mr. Plummer: But are the units occupied at this time?
Ms. Walker: One of the phases is totally unoccupied at this time. It is not
receiving any service, it is 16 units there and there is no service being
rendered that unit.
Mayor Suarez: OK, let's see if we can solve that as to that phase.
Mr. Plummer: There's a way to get around it. Put a two yard container there
for the entire complex and charge them for one two yard container.
Mayor Suarez: Mr. Manager, could we not...?
Mr. Plummer: No, there is a provision if they provide a private hauler. What
do you mean, no, sir?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: There is 16 units, they are all under the same ownership at this
time.
Mr. Odio: Let me meet with them. Let me see if I can find...
Mayor Suarez: And it's not...
Mr. Plummer: Put a two yard container there and charge them $10 a month.
Mayor Suarez: And if not, Mr. Manager, since we are concerned about the
precedent setting aspect of this, maybe there is Community Development monies
or something, that you could for economic development that would fit.
Mr. Plummer: But Mr. Mayor, you know, I appreciate what you are trying to do,
and I would like to do something for them, but I cannot establish a precedent
that runs on and on and on, and that's my fear.
Mayor Suarez: Exactly, so we don't establish a precedent. We don't want to
waive the fees, we want just to help them in getting their project off the
ground. They don't seem to have gotten any City... yes, this project is one
that we should be getting involved in. For some reason we didn't, at the
beginning it was a County project. OK, we are going to try to solve it
administratively without setting a precedent on waiving waste fees. Do we
need a motion on that, Mr. City Attorney, is that...?
Mr. Fernandez: No.
59. DISCUSS AND REFER TO ADMINISTRATION VARIANCE REQUESTED BY REV. WILLIE
THOMPKINS AT 5890 N.W. 7TH AVENUE.
Mayor Suarez: Item 42, Reverend Willie Thompkins, zoning variance.
Mr. Plummer: He just put something here. What he put here?
Mayor Suarez: For the property located at 5980 NW 7th Avenue.
Mr. Plummer: Is he. here?
Mayor Suarez: The item is deferred on, or passed on or withdrawn. The
presenter is not here.
Mr. Plummer: Mr. Mayor, why is this matter coming before this City
Commission?
Mayor Suarez: Presumably he requested a hearing.
Mr. Plummer: But why? I mean...
Mr. Odio: In writing, I cannot deny him an appearance.
Mayor Suarez: Yes, but it would have been interesting to try to convince him
that this was not the right forum.
Did we try that, Guillermo?
Mr. Olmedillo:
Well, I met with
the owner of that particular
piece of
4
property about
two years ago and I
explained to him the process.. I
explained_
to him that we
don't have zoning variances
in the City, that he had
to come up
with something
like a zoning change
or an application of that kind.
_However,
that was two years ago, I don't know
what happened and they gust.,.
143 June,
7, 1409;
�,-. ..........
Mayor Suarez: Ott, Guillermo and Mr. Manager, maybe to resolve the concern of _-
having some matter that doesn't seem like it makes sense to have here and top
of that, the individual didn't show up. If they request another hearing, I
think we can turn them down on it, because they didn't show up for the one
they got, and reroute, direct them to the right forum in the City, whatever it
may be and...
Mr. Plummer: I just don't know why it should come before us.
Mayor Suarez: It really shouldn't.
------------------------------------------------------------------------------
60. DISCUSSION CONCERNING REQUEST FOR CO -DESIGNATION OF N.E. 4T.H AVENUE
BETWEEN N.E. 30TH AND 31ST STREETS AS "THE VILLAGE WAY" AND CREATION OF
A COMMITTEE TO STUDY CODESIGNATIONS. (See label 62).
Mayor Suarez: item 43, The Village, co -designation as The Village Way.
this is not just sort of...
Mr. Plummer: There is another one.
Mayor Suarez: Well, this is not just sort of...
Mr. Plummer: This is one street.
Well,
Mayor Suarez: And it is not for any particular individual. This is just what
might actually be helpful to...
Mr. Jim Goland: Mr. Gissen, the president of that agenda I spoke to a half an
hour ago should be here any moment. He must be delayed in traffic. I don't
know where he is.
Mayor Suarez: What is The Village Way?
Mr. Goland: My name is Jim Goland, I'm with the agency. The Village South is
an addiction treatment program that has been in operation in that area for
approximately 20 years and what we are asking for is co -designation of the
avenue that relates only to our property. There is nothing else there, some
empty lots, parking lots. If we could...
Mayor Suarez: Commissioner Plummer, what was your proposed mechanism to deal
with this? We have two in a row now.
Mr. Plummer: To form a committee and set some standards of...
Mayor Suarez: I think we better. I think we'd better. I'd ask that each
Commissioner consider, what do you want to make it, one per each Commissioner?
Mr. Plummer: Oh yes, no more.
Mayor Suarez: One representative of each one of us that will meet, and you
y
are going to go through that procedure. I think the next one is going to have
to go through that procedure too... will meet, set some standards, come back
to us, and prescribe what the standards will be for any street namings and how
much of a street will actually be named. You had proposed, Commissioner
Plummer, just the one block for any one, the naming, and I think that makes -
sense.
Mrs. Kennedy: It makes a lot of sense.
Mayor Suarez: We have always, I think, enforced the requirement that they pay
for and maintain it, the organization sponsoring it and other standards and I
entertain a motion to establish that committee and to refer.this one and the
next one to the...;�
Mayor Suarez: Moved and seconded.
AT THIS POINT THIS ITEM WAS TEMPORARILY INTERRUPTED.
61. (A) CO -DESIGNATE BLOCK ON N.W. 2ND STREET FROM N.E. 1ST AVENUE TO N.E.
2ND AVENUE AS "PADRE O'FARRILL STREET".
(B) DIRECT ADMINISTRATION TO CREATE A COMMITTEE TO MAKE RECOMMENDATIONS
TO THE CITY COMMISSION ON FUTURE REQUESTS FOR CO -DESIGNATION.
Mr. Odio: Mr. Mayor, we need to translate for Mr. Lancis, who is here...
Mayor Suarez: Please go ahead and that way we'll be able to take care of both
of them.
Mr. Odio: They are here on number 44, so... are you saying that they will be
considered until they go through that committee?
Mayor Suarez: Well, we might sort of give it a very generic endorsement.
There is no problem with that one either, but I think the committee should
look at the standards and should come back and make a recommendation.
Otherwise, we are going to be spending a lot of time naming a lot of streets
in the City in a helter-skelter fashion.
Mr. Dawkins: And as J.L. said, we'll run out of them. Do you want to explain
it to them, or...?
Mr. Fernandez: Mr. Mayor, just to make clear on this motion, this is
actually a motion creating a committee that would make recommendations to you
on any co -designation in the future.
Mayor Suarez: Right, do we need an ordinance for that or doesn't... serve to
create an ad hoc committee or a permanent committee? I guess it becomes a...
Mr. Fernandez: Let the Administration, the Planning Department or the...
Unidentified Speaker: Plat and Street Committee
Mr. Fernandez: Yes, Plat and Street Committee used to...
Mr. Plummer: No, I'm sorry, there was a Memorial Committee, OK? There was a
Memorial Committee established and they went through the process of
recommending to this City Commission. The problem in why that committee fell
apart was that this Commission started dictating to them just because we had a
rule that said that it had to go through them. Now, you know, I think there
needs to be some criteria set. I think there needs, as the Mayor said, some
standards set.
Mr. Fernandez: You will need an ordinance to establish the standards.
Mr. Plummer: I think we should have an ordinance because, hey, I can tell
you, the day is rapidly going to be coming where the County is going to say,
hey, you start paying for these signs because they are having to take the
signs down everywhere this thing goes into effect.
Mr. Fernandez: So we will meet with the Planning Department and we'll draft
an ordinance.
Mr. Plummer: Woll, I think look, I think it is only fair as far as part of
that ordinance that the proposers are willing to pay for the cost and expense
involved as well as the amount of area that's being encompassed.
t
Mr. Odio: He wants to say something on the record.
Mr. Fernandez: OK.
Mr. Plummer: Sure.
145
Mayor Suarez: Yes, go ahead, make your presentation.
Mr. Cesar Lancis: May I speak in my language, Spanish? (TRANSLATED BY CESAR
ODIO) Their interest is like you were saying, Mr. Plummer, only one block.
Mr. Plummer: Excuse me, that is not the request. Item 44 is from Biscayne
Boulevard to the Miami River. On 2nd Street is not one block.
Mr. Cesar Lancis: The interest is only just parts of it, the block on North
Miami Avenue by the 1st Avenue SE.
Mr. Plummer: Where the Gesu Church.
Mr. Cesar Lancis: (COMMENTS IN SPANISH)
Mr. Plummer: And I have not problem with that one block, because it is
significant, OK?
Mr. Cesar Lancis: (COMMENTS IN SPANISH)
Mr. Plummer: Mr. Mayor, if it is for that one block, from 1st Avenue to NE
2nd Avenue, where the Hispanic Center operated out of Gesu School, I'll move
it.
Mr. Fernandez: That's item 44.
Mr. Plummer: As long as they are willing to pay the County for any expenses
incurred.
Mr. Odio: (COMMENTS IN SPANISH)
Mr. Cesar Lancis: (TRANSLATED BY CESAR ODIO) They will look for the money.
Their interest is that Father O'Farrill is a priest that fought a lot for the
community but at this moment is very sick.
Mr. Plummer: Tell him to quit while he is ahead, while he is winning, to
quit. I move item 44, Mr. Mayor, as designated between the block on 2nd
Street NE, between NE 1st Avenue and 2nd Avenue be designated as Padre
O'Farrill.
Mayor Suarez: You know what you are doing?
Mrs. Kennedy: Second.
Mayor Suarez: We have a motion and a second. What you are doing is the prior
item, the prior item is back before us...
Mr. Plummer: I say it in English.
Mayor Suarez: ... because if we are going to make one recommendation as to
one...
Mr. Plummer: And the expense be burdened by the people who are the proposers.
Mayor Suarez: Now, we are going to have the same request from the prior
items, because we were going to refer them to a...
Mr. Plummer: No, that is a different story now. That's not after a named
individual.
Mayor Suarez: OK, since we have a motion and second, what is the difference?
Mr. Plummer: The difference is, that one is after an organization. This one
is after an individual.
Mayor Suarez: But if we are going to try to set standards in a committee...
Mr. Plummer: Mr. Mayor, one is a priest and the other is not. Now, you want
I to argue that one, go ahead.
Mr. De Yurre:
Mr. De Yurre: I want to support the naming of the street, but I am not in
favor at this point in time of asking them to foot the bill, however minimal
it may be. If the County can, at some future time, wants to come and...
Mayor Suarez: I understand that to mean that the Vice Mayor would take it out
of his discretionary fund.
Mr. Plummer: That's fine.
Mr. Odio: Commissioner, I appreciate... I will help them get a donation to
it.
Mr. Plummer: That's fine. -_
Mr. De Yurre: OK, that's fine.
Mayor Suarez: So moved and seconded, as to that particular request. I hope that we have standard and the standards might conceivably be when they come _®
back to us that we only dedicate to the memory of people who are no longer
with us and Father O'Farrill, I think is quite alive anyhow. We have a motion
and a second. We are not going to spend too much time on it.
Mr. Plummer: Please don't make the new sign out of aluminum.
Mayor Suarez: Call the roll on the one street next to Gesu.
w
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-561
e
A RESOLUTION CODESIGNATING NORTHEAST 2ND STREET FROM
NORTHEAST 1ST AVENUE TO NORTHEAST 2ND AVENUE, MIAMI,
FLORIDA, AS "PADRE O'FARRILL STREET"; REQUIRING
CODESIGNATION SPONSORS CESAR LANCIS AND BENITO ALONSO-
ARTIGAS TO BE RESPONSIBLE FOR ALL COSTS INCURRED IN
THE CODESIGNATION SIGNAGE; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT 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 Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
62.
(Continued Discussion) SET PUBLIC HEARING ON JULY 13, 1989 CONCERNING
PROPOSED CO -DESIGNATION OF N.E. 4TH AVENUE BETWEEN N.E. 30TH AND 31ST
STREETS AS "THE VILLAGE WAY" (See label 60).
Mayor Suarez: Yes, now, I guess you were the president of The Village Way?
Give us your name sir, address.
Mr. Matthew Gissen: My name is Matthew Gissen, I'm president of the Village
South, have been since its inception. As some of the Commission may know, we
have been operating our treatment center within the City of Miami for almost
20 years and we are the oldest and largest treatment center of its kind.
Mayor Suarez: And what treatment do you provide?
Mr. Gissen: We provide treatment for the disease of addiction, chemical
dependency, substance abuse. Over the past 20 years, we've provided treatment
to over 5,000 of our citizens and we are the first non -hospital based program
to receive accreditation from the Joint Commission on Accreditation of
Hospitals, which makes us kind of unique in the field. We also are approved
by the Florida Medical Association, the Florida Bar Association, Nursing
Association for treatment of those licensed individuals.
Mayor Suarez: Sir, let me tell you something if I may interrupt you for a
second and you can do whatever you want, because you are entitled to have your
say, but I do want to alert you to the fact that there is a movement of the
City, particularly in this area of the City, to try to impose a moratorium on
any facilities of this kind. I don't happen to agree with all of the aspects
of that moment, but they are very intent on limiting future facilities of this
sort in the northeast, in the Edgewater area, in the area that you are located
in and having as street named...
Mr. Plummer: Follow that up, Mr. Mayor, please, because I don't want anybody
to start writing editorials. What this Commission has said in effect, until
-=_ the other 27 cities in this community start to pick up their fair share, we've
had it up to here, so we are not saying that we are not going to allow any
- more facilities, but you know, until the City of Coral Gables and Miami
Shores, where a lot of your kids come from, start to do their fair share, the
City of Miami is saying, hey, you know, enough is enough.
Mr. Gissen: I have no quarrel with any actions the City Commission may make
on future programs, all I know is we have taken a location in a very blighted
area and that is crack infested, where you are tearing down homes and
residences left and right and we built a credit to this community. Our
facility is second to none, it is more beautiful than anything you've got
within a five block area of that location.
Mayor Suarez: You know, you may have convinced me, because what I was going
to say, I didn't quite get to the end, is that maybe you don't want to call
attention to your program by having a street named after it, but maybe you do.
Mr. Gissen: Well, I think...
Mayor Suarez: Wait, wait, maybe your program is so good that you do want to
call attention to it and I personally, intend, based on what you are saying,
to visit the facilities or facility and be more acquainted with it. I am not
as acquainted as I should be, so let me just take back what I said before and
let you complete your statement. Maybe it is so good that it is something
that we should all get behind and even name a street after.
A
Mr. Gissen: Well, I think that if the Commission was to see the facility,
they certainly would be very proud of it and I'm kind of sorry that you
haven't had the opportunity to see it. Some of you have, I know, but in any
event, I think that we are not just naming a street, we are taking a location
to which only our facility has an address. It's one short block long, there
are no other locations facing that street. It will not affect any of the
neighbors as far as their address or location and I think with honoring a
program that has worked very hard to serve this community over the past 20
years. We have a budget that goes into this community of $2,000,000 a year.
148 June 7, 1989
We are a nonprofit agency and if the Commission is concerned about the cost of
changing signs, I'm sure that I can get one of our donors to pick up the cost
of that, but we are not asking for a whole boulevard or a whole street. We
are asking for one street, one block long, to be renamed, co -named, in honor
of the efforts that this agency has put forth for 20 years in this community,
far equal to, I would say, in life saving endeavors as many other people who
have been so honored and that's...
Mr. Plummer: I move that a public hearing be held on July 13th for the
purposes of a public hearing whether or not to name the street such. =—
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Will we have... I guess we won't have any standards
by that time. �=
Mr. Plummer: The main thing, it is only one street.
Mayor Suarez: Yes. OK, we are going to...
Mr. Plummer: But I think the neighbors have the right to come out and speak
to the issue.
Mayor Suarez: OK, so moved and seconded. Any further discussion? Call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-562
A MOTION SCHEDULING A PUBLIC HEARING ON JULY 13, 1989 IN
CONNECTION WITH THE PROPOSED CODESIGNATION OF N.E. 4
AVENUE BETWEEN N.E. 30 AND 31 STREETS AS "THE VILLAGE
WAY."
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Mayor Suarez: And at that point, if there is any opposition or anything we'll
know, if not... I have a feeling you also came before the new set of criteria
and the new committee and so on.
Mr. Gissen: OK, so that now will be a public hearing with notice to people
within 300 feet?
Mr. Plummer: 375.
Mr. Gissen: 375 feet of the particular location?
Mr. Plummer: That's correct.
Mr. Gissen: OK, and thank you very much.
Mayor Suarez: We don't have an automatic notice provision on something like
that. Now, the only notice is just a public notice of our hearings, which
includes the provision that people can look at the agenda and...
Mr. Fernandez: Exactly, this is not a zoning issue.
Mr. Plummer: OK.
149
June 7, 1989
ie
C—
Mr. Glasen: Fine, thank you very much.
Mayor Suarez: That might help you.
Mr. Gissen: Yes, I think it will.
NOTE FOR THE RECORD: At this point, Agenda item 45 was brought up
for discussion and the record reflected no appearance by
interested parties.
------------------------------------------------------------------------------
63. REFER TO PLANNING DEPARTMENT REQUEST FOR CODE AMENDMENT CONCERNING
DEFINITION OF TWO DIFFERENT CATEGORIES OF POOL ROOM ESTABLISHMENTS.
Mayor Suarez: Francisco Diez-Rivas, item 46, to request an amendment to the
City Code concerning pool rooms.
Mr. Francisco Diez-Rivas: Yes, I represent the owners of Cafe Society in New
York. They are a very high class establishment.
Mayor Suarez: We are going to need your name and address and if you are...
Mr. Diez-Rivas: Francisco Diez-Rivas, 3138 Commodore Plaza, Coconut Grove.
Mayor Suarez: OK, if you are an attorney...
Mr. Diez-Rivas: Yes, and I represent...
Mr. Plummer: OK,, and you are an attorney?
Mayor Suarez: If you are an attorney...
Mr. Plummer: Are you a registered lobbyist?
Mayor Suarez: With the City?
Mr. Diez-Rivas: No.
Mayor Suarez: You have to file a form. We will table the item until you get
your form filled out, sir.
Mr. Diez-Rivas: Well, but I have also... we are also are requesting at this
time for a specific piece of property.
Mr. Plummer: Sir, you can't request anything representing a client until you
register as a lobbyist. You are a lobbyist in his behalf.
Mayor Suarez: We have this ordinance that includes attorneys representing
clients as if they were lobbyists and we have a registration requirement for
that.
Mr. Diez-Rivas: OK.
Mayor Suarez: Just fill that out.
Mr. Plummer: You are an attorney, sir?
Mr. Diez-Rivas: Yes.
Mr. Plummer: Of the Florida bar?
Mr. Diez-Rivas: Yes.
env,amp.em..m-«m.,�,�,....n....................._.__ _._..___ . _ �
Mr. Plummer: And is Mr. Jonathan Lewis also here? Mr. Mayor, let me tell you
what is going to come down on us here.
Mayor Suarez: On 487
Mr. Plummer: Actually, 46 and 47.
Mayor Suarez: Oh, 47, right?
Mr. Plummer: Yes. They are going to be coming for a definition or to extend
the hours of pool rooms. Under our present ordinances, we only have a single
definition as I understand it, of a pool room. But I think eventually is
going to have to be done is we're going to have to establish two categories,
call it what you may, one a pool room and the other a billiards parlor,
establishing different criteria for the difference, because as it stands
today, I don't think this Commission is empowered to do anything without
changing an ordinance, as I see it, and as such, we maybe can cut through
this, because without the definitions being changed, this Commission is
powerless to make any chances.
Mr. Dawkins: Why would we change it, J.L.?
Mr. Plummer: Well, you and I know the old pool room is an undesirable place
for undesirables, because you and I were always there. The...
Mayor Suarez: Well, I saw it all in the movie, The Music Man, you know.
Mr. Plummer: You know, now they've come out with a new concept of billiard
halls that are you know, really lavish places and are well run and are very
well, high class. You and I couldn't afford to go to one of then and I think
that there is maybe the possibility that you could establish two different
definitions, but to me, that is the only way that you are going to be able to
proceed.
Mr. Dawkins: So in other words, what I'm hearing is that in order to create
another bar without having to meet the requirements of a restaurant, we call
it a billiard parlor and therefore we can sell liquor and shoot pool.
Mr. Plummer: No, that's not true.
Mr. Dawkins: Well, what is it? That's what I am trying to find out, what we
are doing.
Mr. Plummer: OK, what this is is that the pool room establishes hours,
maximum hours that they can stay open.
Mr. Dawkins: OK.
Mr. Rodriguez: Until 12:00 o'clock.
Mr. Plummer: Until 12:00 o'clock.
Mr. Fernandez: Right.
Mr. Plummer: They are asking in these new high class places to be able to
stay open later and operate both. It is not an extension of a license, of a
liquor license, it is allowing of the pool tables to go beyond the 12:00
o'clock, OK? It is not just an accessory use to the lounge. It is the
primary use and the lounge is an accessory to that.
Mr. Diez-Rivas: May I say something. Right now, the pool rooms are allowed at bowling alleys, that's one of the few exceptions that's provided in the
Code for the extension of time. You've stated it correctly. The only thing
we are here for right now is to try to get an extension on the hours for
specific types of establishments, such as Cafe Society. What I wanted to do
is let the Commission see the type of establishment that we are talking about.
I don't think that we are trying to legislate pool, we are trying to legislate
the environments that are usually associated with the pool hall.
Mr. Plummer: No, what you are trying to legislate is their hours.
Mr. Diez-Rivas: Well no, what you are trying to legislate... no, because
right now the hours are exempted in bowling alleys, all right, because of the
environment that one perceives that that is going to be placed. It is a game,
a place where someone could take the family. The hours right now, are allowed
to be extended...
Mr. Plummer: All right, well look...
Mr. Rodriguez: Commissioner, if I may suggest following your line, maybe what
you can do is, that you can instruct the staff to come back with an amendment
to the Code.
Mr. Plummer: That's exactly what I wanted to do before you so rudely
interrupted me. I make a motion that we send this matter to the Planning
Department for the possible definition of two different types of categories
with hours, with rules, regulations, stipulations and that beautiful word of
the Mayor's, standards.
Mr. Rodriguez: If I may, before...
Mayor Suarez: I thought it was a pretty pleasant interruption, but go ahead.
Mr. Rodriguez: Well, I'm used to it.
Mayor Suarez: He has been known to be rude.
Mr. Rodriguez: If I may, what I was trying to get some direction from you all
was, whether we, in the second definition, require, allow the pools to
continue functioning beyond 12:00 o'clock in cases where they are associated
with a restaurant, at least 2,000 square feet in size, and in the entrance, we
can...
Mr. Dawkins: Because that is what... no, nothing.
Mr. Rodriguez: That will go in relation to the selling of liquor and also at
the end...
Mayor Suarez: I thought liquor license was 4,000 square feet?
Mr. Diez-Rivas: Yes, 4,000, but we are not interested in liquor license.
Mayor Suarez: No, he is trying to make it a more uniform...
Mr. Plummer: That is going to force the opinion.
Mr. Rodriguez: I'm trying to make it more generic. And also that the
entrance through the place is through the restaurant, as compared to having a
direct entrance through the billiards pool...
Mr. Plummer: Whatever it is, it's got to go back to you and that's what I am
trying to do.
Mr. Rodriguez: OK, I want to get some direction from you, so that we don't...
all right. I will come back with our recommendation on this by July 13th.
Mr. Dawkins: So what you are doing is, creating another definition.
Mr. Plummer: Possibly.
Mr. Rodriguez: Right.
Mr. Rodriguez: Yes, sir.
Mr. Dawkins: With different rules, set of rules, different standards,
different everything.
Mr. Rodriguez: Different rules, right, so that you can decide whether you
want to agree to extend the hours in those cases.
Mr. Plummer: They can only use Playboy bunnies.
Mr. Dawkins: No, whether I want to accept the definitions. See, what you are
doing is, you are telling me that this is what you want, OK? And in order for
me to legalize what you want, you are going to come with a definition for me
to accept the definition for you to do this over here. That is what you are
saying to me.
Mr. Rodriguez: If you want to do it. It will come before you, following...
if this passes as a motion from you all, it will come before you and you make
a decision on whether the amendment of the Code that we propose is acceptable
to you. If you don't want to agree to that, we change it at that time, the
definition that we are proposing.
Mr. Dawkins% If it is not acceptable, why not just drop it?
Mayor Suarez: Or we might just leave the whole thing as it is.
Mr. Rodriguez: That is what I am saying.
Mr. Dawkins: OK, that is within...
Mayor Suarez: OK, we are going to get a chance to hear from your proposal.
Yes, Marwin.
Mr. Marwin Cassel: My name is Marwin Cassel, law firm of Broad and Cassel,
we represent TST Florida Partners, the owner of the premises in question.
Basically, what we are asking is that the present Code be changed. You have a
Code now that specifies it is unlawful to keep a room or saloon containing
billiard or pool tables, quote, except such a room operating in connection
with and incidental to a bowling establishment between the hours of 12:O1 a.m.
and 8:00 a.m. We ask that you add into that and request that the City
Attorney prepare an appropriate resolution to change the Code to add in, in
addition to bowling establishments, restaurants, which would mean that if you
operate a restaurant, you can have a pool operation there. You could even
limit the number of tables, let's say to 25 tables, so it couldn't become a
monstrous thing where everybody would walk in. The operation in New York is a
class operation. We are not looking to run this, this type of operation isn't
going to run in the type of places that Mr. Plummer used to have when he was a
youth.
Mayor Suarez: What you are saying is there is nothing intrinsically evil
about playing pool.
Mr. Cassel: It all depends who is and where is. They told me, for example,
they lease out their entire pool establishment which is a part of Cafe Society
in New York, the New York Mets will come in one evening, or, tell a few of the
places.
Mayor Suarez: Well, we wouldn't want them down theret
Mr. Shelly Abromovitz: No, they won't be here. My name is Shelly Abromovitz,
I own Cafe Society and Society Billiards. We're opening Society Billiards in
about eight locations this year. We are opening in Miami Beach in about four
weeks. What we're proposing and what we have in New York and what exists is
an upscale environment.. What we do is we create an environment by spending
money on decor and using fine equipment and eliminating certain things like
pay telephones in our pool rooms which bring in certain elements. I mean,
there are subtle ways of arriving at the type ,of clientele that we arrive at
and maybe that's due to the price that we charge, which is $10 an hour, which
is about the same price as going out to the movies today. It is inexpensive
entertainment and what we are trying to do is to carry this forth in a lot of
neighborhoods where a lot of these laws which date back to the 20's and 30's, "
when there were 2,000 pool halls in Manhattan and there were thousands of pool
153 June 7, 1989—
halls up and down the east coast, they are no longer pool halls because of the
economics of the real estate. Well, today, at $10 an hour versus $1 or fifty
cents an hour that they charged in those days, it is a little more
economically feasible. I'd like to open in Coconut Grove, because I have
another operation that is being built and will open in Miami Beach, and we
consider the Grove a similar type of environment. It is an upscale community,
it has a lot of restaurant activity and nightclub activity. Our business
doesn't function successfully if we are limited to just midnight. If we could
extend that to 3:00 o'clock in the morning, we have the availability. As an
example, I have lot of corporate clients in New York, who have offices down
here, people like Shearson -Lehman, Prudential-Bache, CBS Sports, who rent out
my facility and have a business meeting and then proceed to play pool for the
evening. If I had to close at 12:01, then I would be inhibiting the process.
Mrs. Kennedy- So you are not asking for a zoning variance. What you are
actually asking us is to amend the Code so that you can be open...
Mr. Abromovitz: That's all. We have a letter that already granted us a beer
and wine license. We don't even want a liquor license. We just want beer and
wine to complement the environment. In New York, I have a restriction in the
State of New York from having liquor at all on premise, but we have the
advantage of having a popular restaurant and bar upstairs in our restaurant, I
mean in our pool area, so the people consume the liquor just above the premise
and they come downstairs and they partake in the pool playing. It's part of
the socialness of the sport.
Mr. Dawkins: When you bring this back, see if you.can perhaps get somebody to
proffer one day a month for youth who can't pay $10 an hour and one day a
month for ladies who want to learn how to shoot pool and can't pay $10 an hour
to learn how to shoot pool and if those things are included, I might be in
favor of it.
Mr. Abromovitz: We'd be very willing. In fact, we...
Mayor Suarez: The more you talk, the more you make it sound like you are
going to have altar boys all playing there!
Mr. Abromovitz: We were shocked by our own creation, honestly. When we
created the pool room, we didn't know what to expect. We had the same sort of
visions that you people have, and we thought it was River City all over again.
It didn't develop that way and they come in in jacket and tie in -Manhattan
after work. As the night persisted, it becomes a couples type business.
Mayor Suarez: We're getting, we are almost learning the entire industry from
this presentation. Counselor, does this agree with your request? Is this
basically what you are requesting?
Mr. Diez-Rivas: Yes, sir.
Mayor Suarez: OK, I entertain a motion to instruct the City...
Mr. Plummer: Let me ask, is Jonathan Lewis here? - which is item 47. I'm
assuming that's basically the same kind of a request.
Mr. Dawkins: Don't assume that, J.L. It may not be.
Mayor Suarez: OK, as to item 46 and I will just entertain a motion that we
instruct the City Attorney to prepare that kind of an ordinance.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Well, the Attorney to instruct or to the Planning Department to
recommend.
Mayor Suarez: The Planning Department to recommend and the City Attorney to
prepare the ordinance.
Mr. Plummer: That's fine.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 84-563
A MOTION REFERRING TO THE PLANNING DEPARTMENT REQUEST
FOR AMENDMENT TO THE CITY CODE CONCERNING DEFINITION
OF THE TWO DIFFERENT CATEGORIES OF POOL ROOM
ESTABLISHMENTS, AS WELL AS A DEFINITION OF THE HOURS
OF OPERATION, RULES, REGULATIONS, AND STANDARDS;
FURTHER DIRECTING THE CITY ATTORNEY TO PREPARE
APPROPRIATE LEGISLATION FOR FURTHER CONSIDERATION AND
FINAL DECISION BY THE CITY COMMISSION; AND FURTHER
STIPULATING THAT IF AN AGREEMENT WERE REACHED WHEREBY
THIS NEW CATEGORY OF POOL ROOM ESTABLISHMENT WERE TO
BE ALLOWED, THE ADMINISTRATION WOULD TRY TO EXACT FROM
SAID ESTABLISHMENTS ONE FREE DAY A MONTH FOR USE OF
SAID ESTABLISHMENT BY ECONOMICALLY DEPRIVED CITY
YOUTHS, A14D ONE DAY A MONTH FOR USE BY ECONOMICALLY
DEPRIVED WOMEN WHO WOULD LIKE TO LEARN TO PLAY POOL.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre.
64. GRANT REQUEST FOR EXTENSION OF HOURS FOR FIREWORKS FROM REPRESENTATIVES
OF "CARNAVAL MIAMI".
Mayor Suarez: Item 48, Carnaval Miami. Is that Rafael?
Mr. Plummer: Where is this going to be, in the Orange Bowl?
Mr. Rafael Licea: Well, there are several events in different locations.
It's the same ordinance as last year, same locations and basically same hours.
Mr. Plummer: And from what time?
Mr. Licea: The fireworks, just like the resolution that you passed in
February for march events, 12:00, fireworks.
Mr. Plummer: Must be concluded by 12:00.
Mr. Licea: Exactly. Actually, they occurred even earlier than that.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Let the record reflect the person
making these statements was Rafael Licea. Call the roll... former City
employee, now making a lot more money.
155
A
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-564
A MOTION GRANTING REQUEST FROM REPRESENTATIVES OF
"CARNAVAL MIAMI" FOR AN EXTENSION OF THE HOURS
PRESENTLY ALLOWED FOR PYROTECHNIC DISPLAYS TO 12:00
O'CLOCK MIDNIGHT, STREET CLOSURES, RESTRICTION OF
RETAIL PEDDLERS AND PERMISSION TO SELL BEER AND WINE
IN CONNECTION WITH CARNAVAL MIAMI '99.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
65. GRANT FUNDING REQUEST BY "T.R. GIBSON UNITY AND COMMUNICATION CENTER" -
allocate $5,000 for annual Remembrance Day dinner.
Mayor Suarez: Item 49, T.R. Gibson, Unity and Communication Center.
Mr. Plummer: Come on Frank, get up here and cry poor -mouth.
Mr. Frank Cobo: Frank Cobo, 3560 Main Highway. Honorable Mayor and
Commission, as you know, we're having our 7th annual Theodore Gibson
remembrance dinner. You've always been very kind to us and given us $5,000.
Mr. Plummer: I so move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, call the roll:
Mr. Plummer: Hurry up before the Manager gets off the phone.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-565
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Cobo: Mr. Mayor, it is September 17th. Please mark your calendars.
Mayor Suarez: September 17th?
Mr. Cobo: Constitution Day.
66. (A) APPOINTMENTS TO BAYFRONT PARK MANAGEMENT TRUST: Appointed were: Tina
Hills, Joseph Flemming, Alan Greer, Emilio Calleja, Sheila Austin Smith,
William Lee, Nat Moore, Rev. Bill Barnes.
(B) IDENTIFY ETHNIC MAKE UP OF NEXT FOUR APPOINTMENTS TO BAYFRONT PARK
MANAGEMENT TRUST (one Latin and three Blacks). -
Mayor Suarez: Bayfront Park Management Trust, item 50, are they present? I
see the executive director, not the Trust. I guess we can trust you to reflect
what the Trust wants. What do you want, who do you want appointed?
Mr. Ira Katz: We'd like to request appointments for seven new members,
originally eight in you agenda package, but Nat Moore, who was under =_
consideration has withdrawn, so we request that seven new members be...
Mrs. Kennedy: Could you read the names please, Ira?
Mr. Katz: Sure.
Mr. Dawkins: Hold it. Who did you get for Nat Moore?
Mr. Katz: That position is vacant. He was never on the board.
Mr. Dawkins: All right, I move that this go back, that you come back with a
full slate. You see... no, no, no, Nat Moore is black and they just dropped
him off. They never thought to come in and say, you know Miller Dawkins is
going to yell and scream, so let's get somebody black to replace Nat Moore.
Mayor Suarez: I think the Nat Moore suggestion was mine, because I think
he... t
p.
Mr. Dawkins: No, no, Mr. Mayor. They say Nat Moore declined. When Nat Moore
declined, they should have got another somebody for Nat Moore.
Mayor Suarez: Yes, but the reason he declined, we ought to put in the record,
if it is the reason that.I suggested, that he brought an important festival in
the park, so that may be a conflict for him.
[7
Mr. Dawkins: I don't care, you should have had them on here, coming up here,
I defer this until you bring them back.
Mrs. Kennedy:
correct?
But wait a second, he has all of them, except for one name,
Mr. Katz: Right, except for Nat Moore and we'd like to also welcome Reverend
Bill Barnes, the minister at the church across from Bayfront Park to our
board. We think that he would be a great asset and help us in the black
community tremendously.
Mayor Suarez: Who are the seven names that you are recommending?
Mr. Katz: We asked that Ms. Tina Hills be recommended.
Mr. Dawkins: OK, Tina Hills, good.
Mr. Katz: Be reappointed to the board for a new three-year term.
Fleming also be reappointed to the board for...
Mr. Dawkins: Who is that, the guy from the School Board?
Mr. Katz: No.
Mr. Joe e
Mrs. Kennedy: No, he is an attorney, he is very active in this and a good
person you have.
Mr. Dawkins: Go ahead.
Mr. Katz: Mr. Alan Greer also be reappointed to the board for a new three-
year term. Mr. Emilio Calleja, which replaced Tanya Glazebrook, who resigned
from the Trust, for a three -yeas term and Ms. Smith would replace Harry Wood
Bassett.
Mr. Plummer: Who is Sheila...?
Mr. Katz: Sheila Austin Smith, Commissioner Plummer, is the grant
administrator of the Metro -Dade Cultural Affairs Council. She is very active
and involved in events and facilities and we think that she would be an asset
to the board.
Mr. Plummer: I know the lady, but why would we want to appoint anybody from
Metro on a City board?
Mr. Katz: We feel that... we are trying to raise some private money. She has
some expertise in grants and fund raising in those kind of areas. We think
that it is imperative that we get someone on that board
Mr. Dawkins: Of the seven people, how many of them are black?
Mr. Katz: Two, sir.
Mr. Dawkins: Two out of seven.
Mr. Katz: Keep in mind that three of these seven that I am bringing you are
reappointments of members that are already on the Trust.
Mr.
Dawkins:
But,
you see...
Mrs.
Kennedy:
So
two out of four.
Mr.
Katz: Right, two of four are new members.
t
f
Mr.
Dawkins: Can I finish, please?
Mr.
Katz: I'm sorry, sir.
Mr.
Dawkins: Now, when you started out with
this, OK, and you came in
with
all
the members I complained, OK? My biggest
gripe was that you did not
have
any
black people, OK? Then you threw me one
or two, OK, I accepted it:
Now
you
come with new appointments, but you don't
increase the black members,
you`' `
just
keep reshuffling them. I got a problem
with that. Now, nobody's
got`
that
problem but me, see?
158
no 7,
1989.
}
Mr. Katz: Commissioner Dawkins, I've considered, we are very sensitive to your
concern, and that any benefit...
Mr. Dawkins: But you could... all right, if you got seven and you only got
two, you didn't increase 3.t any.
Mr. Katz: Our board has tried to work closely with your office, sir, to get
some recommendations from your office.
Mr,. Dawkins: Beg pardon?
Mr. Katz: Our board has tried to work closely with your staff to get some
recommendations and take those recommendations under consideration for filling
vacancies.
Mr. Dawkins: For this? Who on my staff are you working with?
Mr. Katz: Well, Mr. Jackson from your staff recommended Darryl Sharpton, but
I never received a resume from him, sir, and I sent him correspondence.
Mr. Dawkins: He is probably busy, I mean he is probably too busy to do this,
but there is more black people than Darryl Sharpton.
Mr. Katz: The other problem is, sir, that we did ask some other members of
the community to be involved with us, but they declined.
Mr. Dawkins: This has been my gripe from day one and nobody...
Mr. Plummer: What do you want to do, you want to defer it or not?
Mrs. Kennedy: OK, why don't we move it with a recommendation that the third
member be a black person. Do you want to do that? I'll be very happy to...
Mr. Katz: We also have three new vacancies that we are not asking for today
that we could certainly give consideration.
Mr. Dawkins: All right, I'll move this if you make all three of those black.
Mrs. Kennedy: Second.
Mr. Dawkins: OK, go ahead, moved and seconded.
Mrs. Kennedy: Moved and seconded. Any discussion? If not, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-566
A RESOLUTION APPOINTING AND REAPPOINTING CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS ON THE BAYFRONT PARK
MAYAGE14ENT TRUST.
(Note: appointed were: TINA HILLS, JOSEPH FLEMMING,
ALAN GREER, EMILIO CALLEJA, SHEILA AUSTIN SMITH,
WILLIAM LEE, NAT MOORE, REVEREND BILL BARNES)
x
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I'll vote for it that all three positions be black, but still
subject to approval of this Commission.
Mrs. Kennedy: Of course.
Mr. Plummer: Of course, it hasn't been said.
Mr. Dawkins: And now, OK, now those three. Now, let's go back to the one you
have here now. OK, I move that that be made a Latin.
Ms. Hirai: Excuse me, Commissioner, may I finish calling the roll, please on
this one first?
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: All right now, don't we have one opening now, other than those
three?
Mr. Katz: Yes, sir.
Mr. Dawkins: All right, I move that you appoint a Latin.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? I guess if we do all of
that we will be a little closer to some sort of proportionality with the
City's ethnic distribution?
Mr. Katz: We would be very close.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-567
A MOTION STIPULATING THAT THE NEXT FOUR BAYFRONT PARK
MANAGEMENT TRUST VACANCIES TO BE FILLED, ONE WILL BE
FILLED BY A LATIN AND THREE WILL BE FILLED BY BLACKS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
67. GRANT MIAMI MAGAZINE NON-EXCLUSIVE REPRESENtATION REGARDING ORGANIZATION
OF EVENTS FOR MIAMI'S 94TH BIRTHDAY.
Mayor Suarez: Item 52, Miami Magazine to discuss a 93rd birthday celebration
for the City of Miami.
Mr. Luis Mejia: My name is Luis Mejia, I am a representative of Miami
Magazine. I'd like to introduce Hector Botero with Details Details. We just
had a change in our request also and...
Mr. Hector Botero: OK, there is a couple of changes I'd like to make to what
is on the agenda at this time. Number one, it is Miami Magazine and Details
Details, Inc. Number two, we had originally requested some funding, which at
this time we are not requesting.
Mr. Plummer: Wait a minute, what was the corporation?
Mr. Botero: Details Details, Inc.
Mr. Plummer: I got here Pro Mark Management, Inc.
Mr. Mejia: (OFF MIKE) That was Andy Bierman; he backed out.
Mayor Suarez: They got themselves another sponsor. There is no funding
request at this time?
Mr. Botero: At this point...
Mr. Odio: $7,500 is what I had here.
Mr. Botero: Well at this point, we had some changes, like I said and so
therefore, we are not requesting funding anymore, and...
Mrs. Kennedy: What do you need from this Commission?
Mr. Botero: What we are really looking for the Commission is to be recognized
as the official producers of the celebration for the City of Miami's 94th
birthday to be held in 1990. At this time, we do not feel that there is
enough time to adequately produce a 93rd birthday celebration, and so we would
like to have your blessing and start working on the 94th birthday and at a
later date we will make a request for some funds.
Mr. Plummer: Mr. Manager, what is your recommendation?
Mr. Odio: No funding, no problem then. If they don't want any money...
Mr. Plummer: Well, they are not asking for funding.
Mrs. Kennedy: No, they are not.
Mr. Odio: That's what I mean, so fine.
Mrs. Kennedy: Move it.
Mr. Fernandez: Well, we need to be very clear. They are asking, as it were,
for an exclusive right, and then we need to make sure from a legal perspective
that they understand that the City is not precluded from letting anybody else
write about the City or publish about the City, or do whatever and if they
intend to the contrary, then we need to have a meeting of the minds -so that we
know what we are talking about. I heard him say something about being the
official...
Mayor Suarez: Yes, I would propose that we instruct the Manager to work with
them and give them give them some sort of City representation on this, but not
exclusive and all subject to whatever guidelines he implements. We don't
want them binding us in any way. We've had a situation at least once since
I've been here where somebody bound us to a certain number of hotel rooms and
161 June 71.1989
t
to payment and so on, which later didn't come through, or we weren't able to,
we were almost- saddled with a large debt, so to work with the Manager and in
that capacity represent the City to the extent, but not exclusive.
Mr. Botero: OK, not exclusive, but mainly the thing we want to do is first
creating awareness that yes, the City of Miami has a birth...
Mayor Suarez: Exactly. You may be the only one that comes to us with this
request, please, but we just don't...
Mr. Botero: That's the main thing, we are...
Mayor Suarez: Otherwise we get into bidding and all that kind of thing.
Mr. Botero: Yes. We do want to invite everybody. Miami For Me is having a
celebration Friday at the Freedom Tower. We also would like to invite
everybody. We also are having a celebration just to at least start the event
at the Mall Of The Americas and we'd also like to invite everybody just to do
something basically nice for the City. It's tying in with our global project,
which is Global Cooperation For a Better World, which is...
Mayor Suarez: When is the actual birthday?
Mr. Botero: It's July 28th and we just want to basically...
Mayor Suarez: That's right, I told you that you missed by two days a date
that would not have been quite memorable for us, but July 28th is OK.
Mr. Botero: OK, so just basically maybe with the approval of the City Manager
we can get together and for 1990 do something really good. We have
tentatively had an agreement with LOVE 94 and they want to do a big promotion
tying in with the 94 birthday too.
Mayor Suarez: Very good.
Mr. Botero: OK, thank you.
Mayor Suarez: OK, we have that in the form of a motion, Commissioner Kennedy
and Plummer, I guess moved it? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 89-568
A MOTION DIRECTING THE CITY MANAGER TO SIT DOWN WITH
REPRESENTATIVES OF MIAMI MAGAZINE AND DETAILS DETAILS,
INC. IN ORDER TO GRANT THEM A NON-EXCLUSIVE RIGHT TO
PLAN OR OTHERWISE PRODUCE SPECIAL EVENTS FOR THE
CELEBRATION OF THE CITY OF MIAMI'S 94TH BIRTHDAY TO BE
HELD IN 1990 SUBJECT TO WHATEVER GUIDELINES THE CITY
MANAGER MAY DEEM APPROPRIATE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
to
10
68. (A) AMEND RESOLUTION 88-569 REGARDING DEVELOPMENT OF FERN ISLE NURSERY
SITE FOR AFFORDABLE HOUSING - change proposed developer from Allapattah
Business Development Authority to Allapattah Community Action, Inc.
(B) GRANT ALLAPATTAH COMMUNITY ACTION, INC. FIRST RIGHT TO PURCHASE THE
FERN ISLE PARCEL - with provisos.
Mayor Suarez: Item 54, Orlando Urra, ABDA, (Allapattah Business Development
Authority) Fern Isle Project Elderly Building. Ha, we've got a report sponsor,
I can see already.
Mr. Dawkins: What's the fund? They don't have no money.
Mayor Suarez: 54, well, maybe they do.
Mr. Dawkins: They don't have no money. They don't have no money.
Mayor Suarez: Go ahead.
Mr. Robert Pollack: We are here to question a motion to...
Mayor Suarez: Start with the name and address, please.
Mr. Pollack: My name is Robert Pollack, I'm with the Greater Miami
Neighborhoods, 1491 South Miami Avenue. We are here to ask for a motion that
would amend two previous City... a City resolution and a City motion for the
Fern Isle Nursery site. Resolution 88-569 awarded the site to the Allapattah
Business Development Authority for the purpose of constructing affordable
housing at the site. We have submissions due June 15th to the Federal 202
program for funding and the Dade County Surtax program for funding. Motion
89-172 set a purchase price on the property of $325,000. What we would like
to do is have a motion today to convey the middle parcel, which is the 202
parcel to the Allapattah Community Action Inc., which would be the sponsor for
the 202 proposal for $250,000 in the rear portion of the site, which would be
the townhouse site to Allapattah Business Development Authority for $75,000,
providing the total $325,000 in purchase price.
Mayor Suarez: Allapattah Community Action? What was that organization?
Which one is this? I'm not familiar with it.
Mr. Plummer: Wait, wait a minute. What are you going to do with that piece
of property?
Mr. Pollack: There would be two uses for the property. One would be a 50
unit townhouse development, which would be in the rear section of the parcel.
The middle section of the parcel would be a 61 unit elderly housing 202.
Mr. Plummer: And what are you going to pay the City for it?
Mr. Pollack: $325,000, which was agreed upon through motion...
Mr. Plummer: And what has it been appraised at?
Mr. Pollack: Ummm...
Mr. Jose Fabregas: Commissioner, this was passed by Motion 89-172 on February
9th.
Mr. Plummer: My question was very simple. What was it appraised at?
Mayor Suarez: And also, somebody answer my question at some point before I-
was so nicely interrupted by a fellow Commissioner as to...
Mr. Plummer: Did I do that? -
Mayor Suarez: Allapattah Community... whatever it was, I've heard of that.
Do you know what that is, Orlando? Could you...
163 June 7, 1969
Mr. Orlando Urra: Yes, this is my program.
Mayor Suarez: That is the correct title of your... what, the meals program?
Just for the record, what is the name of it? I think of it as your program,
I...
Mr. Pollack: Allepattah Community Action Inc.
Mayor Suarez: Community Action?
Mr. Pollack: Inc.
Mr. Fabregas: Commissioner, it was appraised at $2.92 square foot and they
are proposing to pay 90 cents square foot.
Mayor Suarez: What does it add up to Jose as to the total amount, the square
i
footage so we can compare apples to apples?
Mr. Fabregas: Since the property includes also another parcel, it was
appraised completely, including the piece that belongs to the Expressway, it
was appraised at $600,000, the section that they are talking about and so we
are talking about 50 percent of the appraised value.
Mr. Plummer: Is this for home ownership?
Mr. Fabregas: Yes, sir, under section of the townhouses and on the elderly
202 will be for rental with Section 8 vouchers.
Mr. Plummer: Then on rentals, is that a nonprofit?
Mr. Fabregas: Yes, sir.
Mr. Plummer: In effect, what they are offering is a third of what the
property is worth?
own Mr. Fabregas: Roughly, a little bit more than a third, sir.
Mr. Plummer: How do we know that they have the ability to get the funding?
Mr. Fabregas: This would have to be answered by the Greater Miami
Neighborhood.
Mr. Pollack: Both programs, the Dade County... in terms of the townhouse
projects, we have a commitment now for first mortgage financing and
construction financing. We are applying to Dade County Surtax, those
proposals are due June 15th. July is when the Surtax Council will review
those proposals and we feel that October is when the County Commission would
then act upon the surtaxes.
Mr. Plummer: Well, I would be opposed to conveying the property until such
time as you get it. I would give you an exclusive right to the conveyance
until the first of November, but at that time, if you've not been able to put
your financing together, we convey nothing.
Mr. Pollack: That would fit with our guidelines. The 202 process would make
their fund reservations in October, so we would know by November whether we
would be able to receive the 202 funding.
E
Mr. Dawkins: They need the land, J.L. You don't need any money for 202, you =
need the land. You got the land, then you get the 202.
Mr. Plummer: We're giving that...
Mr. Dawkins: And I think then to make the whole project work, they've got to
have everything.
Mr. Plummer: Well, but if they are not able to put it together by the first -
of November, there is no conveyance. I'll so move.
Mayor Suarez: Yes, we should always put a sun -setting provision on these,
otherwise we spend all our lives waiting for them.
164 June 7, 19$9
Mrs. Kennedy: Second.
Mr. Plummer: Yes, because well, like Melrose, my God...
Mayor Suarez: You got it!
Mr. Plummer: ... it went on and on and on?
Mayor Suarez: Well, it's still going on and on and on, Melrosel
Mr. Plummer: Let's put it where there is an amend date and that would be
November 1.
Mr. Fernandez: Right.
Mrs. Kennedy: Second.
Mr. Fabregas: Yes, sir.
Mayor Suarez: OK, so moved and seconded. Any discussion? If not, call the
roll.
Mr. Fernandez: Let me make clear, Mr. Mayor, before vote is taken, in fact it
is the intention of this Commission to give them title to the property so long
as by November 1, they have secured all the financing. If they don't have all
the financing in place by November 1, then title reverts back to the City.
Mr. Plummer: No, no.
Mr. Fabregas: No, no, no.
Mr. Plummer: No, no, we are not giving them title.
Mr. Fernandez: OK, no.
Mr. Plummer: No, no.
Mr. Fernandez: That's what's clear now. Thank you.
Mayor Suarez: OK, call the roll with that understood.
The following resolution and motion were introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 89-569
A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 88-
569, ADOPTED JUNE 9, 1988, IN REGARD TO DEVELOPMENT OF
CITY -OWNED FERN ISLE NURSERY SITE FOR AFFORDABLE
HOUSING PURPOSES, THEREBY CHANGING THE PROPOSED
DEVELOPER FROM ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY TO ALLAPATTAH COMMUNITY ACTION, INC.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
69. APPROVE, IN PRINCIPLE, ERECTION OF A CLAUDE PEPPER STATUE IN JOSE MARTI
PARK.
Mayor Suarez: Item 55. Is there anyone here on the Amigos de Claude Pepper
Project, Inc.?
Mr. Plummer: I saw Lazaro.
Mrs. Kennedy: Lazaro is right here. How can you miss him?
Mr. Dawkins: Yes, there he is, right there.
Mayor Suarez: Oh, there he is! To request space in Jose Marti Park to place
a nine foot statue of U.S. Representative Claude Pepper and Lazaro Albo will =_
finance the whole thing and maintain it. Is that correct, Mr. Albo?
Mr. Lazaro Albo: Wait, wait, no go so hurry. Wait a minute. My name is
Lazaro Albo, I be the very good friend of Claude Pepper and before he die, I
got a meeting with him in Washington and he told me he go raise the money for
make a monument for Franklin Delano Roosevelt and then he say, Lazaro, I will
make you statue in Miami for Claude Pepper. He only ask me the request in the -
park of Jose Marti and I...
Mayor Suarez: Mr. Manager, somebody, Mr. Ruder, what is our involvement in —_
this, other than providing the space for a, I presume, fairly discreet sized
statue on a park which can use as many things to bring people to it as
possible?
Mr. Alberto Ruder: Yes, we've met with the group and we've identified three
possible sites which we'll continue working with them.
Mayor Suarez: In Jose Marti Park?
Mr. Ruder: Yes.
Mayor Suarez: I would think there are quite a few sites in Jose Marti Park
that are not being used.
Mr. Ruder: There are quite a few monuments planned for Jose Marti.
Mrs. Kennedy: How much do you need from us, Lazaro?
Mr. Albo: Yes, I need, yes, I got some money. I raised about $20,000,
especially the Mayor for the City of Hialeah yesterday gave me $5,000 from the
senior citizens of Hialeah. I needed $10,000 from the City of Miami for the
senior citizens.
Mr. Plummer: That isn't what you told me.
Mr. Albo: Well, I told you now.
Mr. Plummer: Oh no, you told me it wouldn't cost the City nothing.
Mr. Albo: Well, the time is too short, you know, it is the 4th of July I put
the statues and I don't have too many times for raising this money.
Mayor Suarez: Take whatever time it takes, but don't expect us to be
contributing at this point.
Mr. Albo: Well, you think the City of Miami for the senior citizens it can
give it $10,000 for the other senior citizens? The City Of Hialeah gave me
$5,000.
Mayor Suarez: Like I said, if you are proposing to build a statue at this
point, then you are proposing to build it. If you want us to build it, then
that is a whole different thing.
Mr. Albo: It is not my proposal, it is the people's proposal. It is not my
proposal.
Mayor Suarez: Well, you have an organization, right? - called Amigos de
Claude Pepper Project, Inc.?
Mr. Albo: Well, I raised $20,000. It is a short time, we got the 4th of
July, a group putting the statue...
Mayor Suarez: I feeling that we are going to end up maintaining it, it is the
way it looks like to me, right?
Mr. Plummer: How much is the statue going to cost?
Mr. Albo: Tony Lopez is make a statue. It costs $30,000 a statue.
Mr. Plummer: How much?
Mr. Albo: $30,000. It is 9 feet bronze.
Mr. Dawkins: And he is going to have that ready by the first of July? You
could have that ready by the first of July?
Mr. Albo: It is ready for the 4th of July. You think the City can give me
$10,000, Mr. Mayor for the senior citizens of the City of Miami?
Mayor Suarez: I'm not prepared to vote one penny for a statue right now in
view of our other needs, I'll tell you that frankly.
Mr. Albo: You don't want to give any penny, right?
Mayor Suarez: I just said I'm not prepared to vote one penny for a statue,
given our other needs, but I am encouraging you, and I will participate with
you in finding monies to try to build a statue. I think it is a worthwhile
effort and a worthy cause.
Mr. Plummer: I think if you went around all the senior citizens centers
they'd each give a dollar, and God knows we got more than 10,000.
Mr. Albo: OK, if you want to do this.
Mayor Suarez: That's what we are encouraging you to do and I think you ought
to set your mind to it and if you do it by collecting on a street
intersection, I will accompany you, Lazaro.
Mr. Albo: That's all right, but I...
Mayor Suarez: As I've done in many other causes that are worthy. £`
Mr. Albo: I'm very sorry for this Commission. The City of Hialeah give me s'
$5,000 for the statue for the senior citizens. Why not the City of Miami?
Mayor Suarez: We've given money for many things related to senior citizens
and as Commissioner Plummer indicated... _
Mr. Plummer: That is what you told me, this was no money from the City.
Mr. Albo: Yes, the money, right?
Mayor Suarez: I got a letter from you today and I don't remember seeing
anything about money.
Mr. Plummer: I still don't understand why it costing $30,000.
Mr. Albo: It is the only one cost $30,000.
Mayor Suarez: Let the record reflect that I am going to introduce a letter
dated May 15, 1989, that I was handed to me at the beginning of today's
Commission meeting, Lazaro, signed, I presume by yourself, and it talks about
contributions and plaques, but it does not imply any City contribution. It
talks about individual contributions. We want to help with that obviously,
individually.
Mr. Plummer: Lazaro, look, don't misunderstand my remarks, OK? Claude Pepper
to this community and to this Commission was one of the finest men that ever
walked the face of the earth, but damn, you are proposing a statue bigger than
life. This is a nine foot statue. Claude Pepper was like five foot.
Mr. Albo: I promise you when you die, I make a 12 foot for you.
Mr. Dawkins: And I'll help raise the money.
Mrs. Kennedy: All of us will help raise the money.
Mayor Suarez: We just dedicated a park worth about $30,000,000 to the memory
of Claude Pepper. So, I don't want you to get the impression that we don't...
Mr. Plummer; I could die first, but I'm not nine foot.
Mr. Dawkins: But we are going to still get you a 12 foot statue after you
die.
Mr. Albo: I put you 12, Mr. Plummer.
Mayor Suarez: I don't think we should get into the argument of what size
statues everybody here should get when they pass away. We should probably
discuss when they would pass away, but not what statue they will get.
Mr. Plummer: Yeeeesssssl
Mrs. Kennedy: And how they will pass away!
Mayor Suarez: And who they will use for their services at that point. OK, on
the reservation of the space at the park, do you want to move the item?
Mr. Plummer: So moved.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-570
A RESOLUTION APPROVING, IN PRINCIPLE, THE ERECTION OF
A STATUE OF CLAUDE PEPPER IN JOSE MARTI PARK BY THE
AMIGOS DE CLAUDE PEPPER PROJECT, INC.; DIRECTING THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES
TO SELECT AND APPROVE THE SPECIFIED SITE WITHIN SAID 0
PARK FOR SAID STATUE; FURTHER DIRECTING THE CITY
MANAGER TO RETURN TO THE CITY COMMISSION FOR FINAL
APPROVAL OF THIS PROJECT INCLUDING APPROVAL OF THE
STATUE DESIGN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Albo: OK, thank you.
Mayor Suarez: Thank you for your presentation.
Mr. Fernandez: By your actions, you have in fact approved a site in the park.
Mr. Plummer: No, we have approved the Parks Department designating the site.
Mr. Fernandez: Designating.
Mr. Plummer: Wait a minute, hello there, Al Ruder, that includes this City
Commission's approval on design.
70. DISCUSS AND REFER TO ADMINISTRATION REQUEST FOR STREET CLOSURE FOR THE
"LAST DAY OF SCHOOL BLOCK PARTY".
Mayor Suarez: Now, this item I am really looking forward to, item 56, because
of the person that we are expected to hear from. Is Mr. Wonderful in the
audience?
Mr. Dawkins: No, he didn't show up.
Mr. Plummer: Who is Mr. Wonderful?
Mr. Dawkins: He didn't show up, but this is where they want the merchants on
15th Avenue would like to have the streets closed for a school closing project
and they wanted it for two days, but I would like for us to recommend the
closing of one day, if they sit and work with the Police Department and work
out the details. This is the merchants on 15th Avenue.
Mr. Plummer: Who is Mr. Wonderful?
Mr. Dawkins: Huh? He owns, the store.
Mayor Suarez: I think we ought to have an organization or an association.
Commission Dawkins indicated there is an association, the merchants, on...
Mr. Dawkins: I don't know whether there is an association or not, all I know
is the merchants.
Mr. Plummer: Yes, but who is going to pay for the policemen?
Lt. Longueira: The other issue, Commissioner, a party like this, it was our
opinion that maybe it should be held in a park or a better facility, because
as far as school children, when you close the street for a block party for
children, it may be better to regulate their safety and who comes in and out
of that party during the evening in a more proper facility than a City street.
Mr. Dawkins: OK, I'll accept that. Have somebody go out there and explain
that to him and if he can't buy that, then it is off.
Mayor Suarez: And by the way, the way it is stated here, it says the closure
of an intersection, NW 15th Avenue, 62nd Street, I'm sure that you didn't =-
intend to mean 62nd Street itself with... -_
169
June
_7,
1989
Mr. Dawkins:
Oh,
they meant from 62nd to about 71st. --
Mr. Plummer:
But
not 62nd itself.
Mayor Suarez:
Oh,
going up 15th...
Mr. Dawkins:
Not
62nd.
Mayor Suarez:
Oh,
going up 15th Avenue.
Mayor Suarez: It might be more appropriate in a park, I fully agree.
Mr. Dawkins: No, no, they said a park. They said they are going to put it in
a park.
Mr. Plummer: All right, so what are we doing with this item? Mr. Mayor...?
Mr. Dawkins: They are going out and talk with Mr. Wonderful and tell him the
only place it can be held is in the park and if he say he doesn't want to hold
it in the park, it is off. OK? Is that right, Joe?
Lt. Longueira: OK, we'll go out and we'll tell him that.
Mr. Dawkins: That's right, that's all. See, because I can't, J.L., this
Commission can't go against his advice and have some kid hit in the street and
hurt and liability when we didn't listen to our experts.
Mr. Plummer: Yes, OK.
-
---------------- --------------------------------------------------------------
71. ESTABLISH -TESTING SITES REGARDING PLACEMENT OF RUMBLE STRIPS FOR TRAFFIC
CONTROL.
=
------------------------------------------------------------------------------
Mayor Suarez: Item 57, the use of speed strips or rumble strips.
:-
Mr. Plummer: Could we try it on one street?
Mayor Suarez: Can we try it somewhere?
;=
Mr. Luis Prieto: Yes, we could, they have been tried in some areas and they
are noise generators.
Mayor Suarez: Some areas, but not in the City through.
Mr. Plummer: Huh?
Mayor Suarez: They have been tried, but not in the City.
Mr. Plummer: Yes, but what I would like, Mr. Mayor, and I am not trying to
designate what street, but I would like to give a test, on one street in the
City.
Mr. Prieto: All right.
Mr. Plummer: Whether it be the one that's in question, 28th Street, or on
Tigertail...
Mr. Prieto: Yes 28th Street or Kumquat and Loquat also are...
Mr. Plummer: Well, you know, I would like to see even really if we could, Mr.
Mayor, and I will be selfish and right above board on that strip that exists
between Alatka and 17th Avenue, it is a two block area.
-
Mayor Suarez: As long as we are being selfish, you know another interesting
place, when you are coming off the Dixie Highway to Key Biscayne, the 31st
Road intersection coming in to where my house is, you know, that might be a
great place to try them.
Mr. Plummer: Well, I would like...
170
Mayor Suarez: Think the neighbors would support that unanimously.
Mr. Plummer: I would like to, Mr. Manager, I would like to suggest that we
authorize the Administration to establish six test sites for a 90-day period
of the so called rumble strips to see what kind of reaction we get.
Mr. Odio: Any particular area? Do you chose the area?
Mr. Plummer: We'll leave it up to them, but we have a few in mind.
Mr. Dawkins: One of them is 50th Street.
Mr. Prieto: We would like... can I interject something here? As you know,
rumble strips do make noise. There is a possibility that using these embedded
lights that are reflectors essentially, might accomplish the same thing
perhaps with less noise. We'd like to test one.
Mr. Plummer: Well then, let me do this. Make three of the sites with the so-
called lights and three with the rumble strips and try them.
Mr. Dawkins: OK, but let me ask you a question. OK, we put the lights and
then we decide to go with the rumble strips...
Mr. Prieto: Yes.
Mr. Dawkins: Then the guy who, the lights were in front of his house, is not
prepared for the noise when you put the strip in.
Mr. Prieto: The rumble strips.
Mr. Dawkins: The rumble strip in, I mean, we either got to go one way or the
other, J.L.
Mr. Prieto: You are right.
Mr. Plummer: I'd rather go the rumble strips.
Mr. Dawkins: So the neighbors will know what they got to put up with.
Mr. Prieto: We will probably go for the raised rumble strip. It is less noisy
than the depressed.
Mr. Dawkins: As a professional, we leave that to you. That's the
professional end of it.
Mr. Prieto:. Great, thank you, sir.
Air. Dawkins: Is that right, J.L.?
Mr. Plummer: That's fine with me. I so move.
Mr. Dawkins: Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-571
A MOTION AUTHORIZING THE CITY MANAGER TO ESTABLISH SIX
TESTING SITES FOR A 90-DAY PERIOD IN CONNECTION WITH
THE PLACEMENT OF SO-CALLED RUMBLE STRIPS IN AN ATTEMPT
TO CONTROL TRAFFIC; FURTHER DIRECTING THE MANAGER TO
LEAVE THE SELECTION OF THE SITES TO THE DEPARTMENT OF
PUBLIC WORKS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
171
0
0
AYES: Commissioner J. L. Pluanner, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
72. DISCUSSION CONCERNING UPDATE ON THE U.D.P. PROCESS FOR WATSON ISLAND.
Mr. Plummer: Update for Watson Island.
Mayor Suarez: Item 58.
Mr. Dawkins: Why, hello there. Go ahead.
Mr. Plummer: Well, this was Kennedy's item.
Mrs. Kennedy: Yes, I had asked for an update to see where we were as far as
the getting developers involved, getting investors and just an update.
Mr. Jack Luft: Our first step as in process now, we have contacted the State
Department of Natural Resources, Mr. Cogland, the director of State lands. He
is going to be setting up a meeting for us, probably in early July to review
the request for a waiver of deed to allow for leases on the island, whether it
is a boat club or a marina or whatever. We will have to go through -the State
DNR and then to the Governor and the Cabinet for that waiver of deed as the
very first step. Following that and when we know what the State is willing to
accept as a set of leases or activities on the island, then we can proceed to
construct the RFP.
Mr. Plummer: Well, wait a minute now, hold on. Who is going to pay all of
this money up front to get before the cabinet. You are talking about a
minimum of $500,000. Yes, hey, they are not going to listen to you one iota
until you go up there with financial studies. Remember what it was for Tivoli
Gardens. Just go back and review your records. You've got to have traffic
studies, you've got show, you know, alignment of traffic, you've got to show
environmental studies, you've got to show all of the different studies, just
go back to the Tivoli Gardens, or the other one, and you're going to see that
it is a half million dollars worth of studies to be done to get to that
Cabinet level. Now, what I want to know is, who is going to pay that half,a
million dollars? I am not, as a City official going to authorize it without
someone saying, hey, if successful, we'll pick it up.
Mr. Luft: I think Commissioner, what we'll have to find out from DNR is to
what extent on a number of the previous studies that have been done on the
island can be reviewed...
Mr. Plummer: All right...
Mr. Luft:... as pertinent to this plan, because we have used a lot of that
background work, particularly the environmental and the traffic.
Mr. Plummer: Yes, but that has all changed now. It's been four, five years.
® ago.
Mr. Luft: Well, it hasn't changed that much, particularly the environmental.
r
Mr. Plummer: Mr. Mayor, as you requested, I'm trying to go to Tallahassee
® next week to meet with the DNR in reference to the Coconut Grove property. II
will inquire at that time when I'm there whether or not they would accept any
of the old studies. Now, I will need a list from you of what those studies
were that were done and when they were done.
y
`E
Mr. Dawkins: In the event that...
x
172 .Tune 7 1p$9
Mr. Luft: They'll
proposing. I mean,
what we're doing.
have to see that in the context of what it is we're
they can't tell us if that was relevant unless they see
Mr. Plummer: Well, traffic counts they can.
Mr. Luft: Traffic counts they can.
Mr. Plummer: They are also going to want financial projections or financial
studies done.
Mr. Luft: They'll want to know what our particular plan is through, and
that's our first step is to sit down with staff and discuss those technical
studies.
Mr. Dawkins: In the event that. they tell J.L. they will not accept what we
have, and we do have to start from scratch, as J.L. said, who is going to pay?
And in the event that they will accept some of it and there is still a
balance, who is going to pay?
Mr. Plummer: That's a good question. I don't have an answer.
Mr. Luft: Well, once we find out precisely the studies that will be
necessary, and how much they'll cost, we'll have to look at how those costs
can be recovered as we did in Bayside for the various up front costs that can
be brought back through the submission process.
Mayor Suarez: How were those subsidized or costed out, the ones for Bayside?
Community Development monies or...
Mr. Luft: Well, part of the preliminary costs were recovered in the
submission costs for the RFP and the then the selected developer paid a fee as
well.
Mayor Suarez: Oh, I see, in other words, we made the investment and then we
recovered it when they submitted their RFP's.
Mr. Luft: That's right.
Mr. Plummer: But it was agreed upon, in the RFP that either one of the
winning teams reimbursed the City.
Mayor Suarez: That's the way you are saying it. Can we somehow entice that
great enterprise activity right next to the parks and right next to Watson
Island, which is to say, the Port of Miami to look at the possibility that
some of their excess enterprise fund monies could be used for, at least
studying to see the general ambience around and channels around the port and
get a little monies at least for planning if not for actually improving?
Would you like to meet the executive director?
Mr. Plummer: You can ask, sure ask!
Mr. Luft: We will pursue that. That's a good idea.
Mr. Dawkins: You would have to ask if you'd followed my recommendations,
before you gave the right-of-way for that road.
Mr. Plummer: Well, let me also understand with you, Jack, that any RFP that
goes out has to contain the wording, that any successful bidder has to
completely 100 percent reimburse the City for any money it is expended. That r
is got to be part of the RFP.
Mr. Luft: Understood.
Mayor Suarez: I think Jack, as soon as you are able to set up a meeting with t
port director, I'd like to go see him. I know that at least one of the
principal owners of cruise lines has suggested that the port contribute to the
improvement of the parks adjoining it and if that doesn't work out that way,
maybe since the cruise lines themselves are not up to now being taxed in any
particular way to help the improvement of the area, that's the secondary way
to proceed and that's something else to explore.
173 Jane TO 1909
t.
Mr. Fernandez: Mr. Mayor, also I don't know whether... he was here this
morning when we entered into that settlement with Chalk's Airlines. They must
also be part of the RFP.
Mayor Suarez: Absolutely. OK, thank you, Jack, for the report.
73. APPROVE, IN PRINCIPLE, VISIONS 2000 GOALS AND POLICIES STATEMENT.
Mayor Suarez: Item 59, resolution approving in principle Visions 2000, goals
and policy statements. Does anybody have any problem with this or need any
presentation or do you want to...
Mrs. Kennedy: Move it.
Mayor Suarez: ... move it and...?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Dave Whittington.
Mr. Dave Whittington: Well, point of order is that it is scheduled for 5:00.
I don't know the legal ramifications of that.
Mayor Suarez: Is there any reason why we shouldn't take it up before 5:00?
Probably there isn't, but we can...
Mr. Dawkins: Which item?
Mayor Suarez: 59 is scheduled for 5:00 o'clock.
Mr. Plummer: Anybody comes back afterwards and ask for reconsider, we'll do
that.
Mayor Suarez: May as well move it. I don't imagine anybody's going to have
any problems with it.
Mr. Plummer: I seconded it.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-572
A RESOLUTION MAKING FINDINGS; APPROVING, IN PRINCIPLE,
THE PROPOSED VISIONS 2000 GOALS AND POLICES STATEMENT
SUBSTANTIALLY IN THE ATTACHED FORM; DIRECTING THE
PLANNING DEPARTMENT TO TRANSMIT THE VISIONS 2000 GOALS
AND POLICIES STATEMENT IN FINAL REPORT FORM TO THE
FLORIDA DEPARTMENT OF STATE AND TO OTHER INTERESTED
PARTIES PER SECTION 3, OF CHAPTER 86-221, LAWS OF
FLORIDA, THE VISIONS 2000 ACT OF 1986; AND EXPRESSING
APPRECIATION TO THE VISIONS 2000 COMMITTEE FOR THEIR
1
AYES. Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
74. COMMISSION PLUMMER REQUESTS INFORMATION CONCERNING MONIES RECEIVED BY
THE CITY FROM THE BAYSIDE PROJECT.
Mr. Plummer: Mr. Mayor, may I inquire at this time, Mr. Manager...
Mayor Suarez: We are about to have a five minute recess.
Mr. Plummer: What has this City derived from Bayside monetarily?
Mr. Odio: I'll have to give you that figure...
Mayor Suarez: You have a minimum rental fee...
Mr. Odio: It's $150,000 until next year.
Mr. Plummer: How much?
Mayor Suarez: Right, then goes up.
Mr. Odio: $150,000 a year. I believe it...
Mayor Suarez: No, I think it began at three -fifty. We have bonded it all
out, I mean... we have issued $10,000,000 of bonds based on the expected
return.
Mr. Odio: But that is all bonded out.
Mr. Plummer: Yes, but at three -fifty a year, you know, in reality we don't
get a dime.
Mr. Odio: No, we don't.
Mr. Plummer: We lose money.
Mr. Odio: Well, we... you mean, the... yes!
Mr. Plummer: Yes, we lose money, we have to provide them with 27 policemen.
Mr. Odio: But it goes up to...
Mr. Plummer: $1,000,000 a year when?
' * 1 k h I
Mayor Suarez: Yes, that s an interes ing way to 0o at it t a.. perhaps we
break even at best.
-------------------------------------------------------
NOTE FOR THE RECORD: At this point Mayor Suarez recognizes Mr.
a; Henry Courtney, Mayor of Miami Shores.
-------------------------------------------------------
75. DISCUSSION BY REVEREND VICTOR CURRY AND CITIZENS OF GREATER MIAMI ON
BLACK ISSUES OF CONCERN.
Mayor Suarez: Item 60, do we have either Reverend Curry, or...
Mr. Odio: He's not here.
Mayor Suarez: ... a representative?
Mr. Odio: They are due at 6:00 p.m.
Mayor Suarez: I see 5:00 p.m. on there.
Mr. Odio: But I believe that we said, 6:00 p.m., or 5:00 p.m.?
Mayor Suarez: It says 5:00 p.m. on here.
Mr. Odio: OK.
Mr. Plummer: It was scheduled for 5:00 p.m.
Mayor Suarez: It was scheduled for 5:00 p.m.?
Mr. Odio: Mr. Mayor, did you get that report that... did you get that report?
Mayor Suarez: Yes, I didn't get it with much time, but did you deliver it
today or yesterday?
Mr. Odio: Yesterday.
Mayor Suarez: But I appreciate your following up the suggestion of doing a
formal written answer. Reverend Dunn or Reverend Curry?
Rev. Dunn: First of all, I'd like to take this opportunity to thank you, the
Mayor and the Commission for the opportunity to return, to address, to hear
your responses to the questions that we,.the demands that we put forth back in
February and we are going to ask that as you prepare to give them, I've
noticed that there is a very thick response to those questions, and we've kind
of been going through it, combing through it, trying to find out what was
actually a portion of our questions that we asked for in terms of February,
and we see that a great deal of it is things that have occurred, 186 and 187
and our questions dealt specifically with what has happened since February of
1989. We do appreciate the effort of the staff, but there are a few things
that we want to say before we get started, and of course I don't know the
manner in which we are going to do this, but we would like to, if possible,
because this is very thick and...
Mayor Suarez: Reverend, let me tell you that you might, on that issue of
items that make reference to '86 and '87 and '88, in some cases at least, you
will find that the items were perhaps, or the issues were perhaps first taken
up or first moved along in the Commission at some point, at some level, in
those years but very little had happened prior to February of 1989, which is
the year, the moment that you are concerned with, and so there may be
references to programs, initiatives, ideas, concepts, legislation, whatever,
going back to '86, 187 and '88, and that's got to be true of any city that
takes a while to get things done, as we of course do like anybody -else. _
Rev. Dunn: OK, well can we start with number one.
a-
Mr. Plummer: Reverend Curry, if I may, and I want to put on the record...
Mayor Suarez: Reverend Dunn.
Mr. Plummer: Yes, this report was handed to us, the Commission, I think you
see the date, OK? Now, I'm going to be honest with you, with the stack of
stuff that I had to read for this Commission meeting, receiving this
yesterday, I did not have the opportunity to go through it from stem to stern,.
so we are basically going to be going through it together.
176 June 7, 1989'
Rev. Dunn: OK. OK, we can do this as expeditiously as possible. Let's start
with police brutality against blacks and of course, we really don't want to go
through all of this, because it's a whole lot and we do appreciate the effort
of the staff, and that some of these things we could deal with maybe at later
date, or with the respective department head, etc., or with the City Manager
to find out some answers to some of these questions. Basically, we're trying
to find a response, what have you done since February to increase the number
of sworn black police officers to represent the black population of the City
of Miami on all levels, and of course, that question deals with since
February. Is there a response to that?
Mayor Suarez: Do you want to specifically answer that, or address that? I
had a memo that reached my desk in response to that specific question, which
described a number of police officers in the Academy and how many of those of
the various ethnic groups had been eliminated in the process of going through
the Academy and being on probation, and I found the figures to be quite
interesting, and favoring actually, the completion of the process for black
officers. The ones that were disqualified more were some of the other ethnic
groups, but I don't have those figures at the tip of my fingers. Maybe
somebody from the City staff does. Recent improvements in the ratio of police
officers in the department that are black, and I was just mentioning that I
saw a memo cross my desk, I think it was in response to one of my own
questions, as to...
Mr. Odio: As you know, we are bound by the Consent Decree, and the Consent
Decree had dictated that we reach a 21 percent goal in black hirings in the
Police Department.
Mayor Suarez: Twenty... say it loud and clearly, please.
Mr. Odio: 21 percent is what the Consent Decree calls for. The Consent...
Rev. Dunn: Is that the goal?
Mr. Odio: That's the goal. We are right now, as of April 30, I should say
and we have hired another ten officers since then. We are up to almost 18
percent of the blacks in the Police Department.
Mayor Suarez: OK, of the new hires since February, how are we doing? Does
anybody have those, the new hires since February? - those that completed the
Academy and became sworn police officers. Or those just entered the Academy,
however you want to define it. Major.
Major Gwen Boyd: Sir, one of the questions that Mr. Curry wanted was the
number of black police officers employed since February 9, 1989.
Mayor Suarez: Exactly.
Major Boyd: We have hired 51 police officers, and of that 51, 19 of them are
black, or 37 percent.
Rev. Dunn: 37 percent of... OK.
Major Boyd: Correct, and for our current basic law enforcement training
classes, as of...
Mayor Suarez: Which is also referred to as the Academy?
Major Boyd: Yes, sir.
Mr. Dawkins: Well, how many did you lose, since we are
going to cut you
off? r`
See, you are telling them what you got in, you are not
telling
them what
went
out so that we end up with a figure of what we have.
So tell
them how
many
through retirement, attrition, got fired, died, then
left, and then that
_-
is
what we replaced with the 19. Tell us that.
Mr. Plummer: What is the net?
Mayor Suarez: Yes, those figures on the ones that weregoing
to through
the_
Academy and were on probation were quite interesting.
177
June 7,,
4 98Q =
Mr. Odio: Well, the net number of black officers as of April. 30th was 194 in
the department.
Mayor Suarez: Yes, you gave us that figure before. Oh no you didn't. You
had given us what the goal was, I'm sorry. We have 194 out of a thousand
what?
Mr. Odio: Out of 1,084 at that time, almost eight...
Mayor Suarez: Which is about 19 percent. OK, how about what Commissioner
Dawkins asked?
Mr. Dawkins: Yes, right.
Lt. Longueira: Commissioner, we don't have that number with us. I can tell
you this, though. The attrition for all manner...
Mr. Dawkins: No, no, I want to know... no, they are talking strictly about
maintaining black presence in the Police Department. For them, let's deal
with that.
Lt. Longueira: Right. I'm going to tell you, we don't have the exact numbers
that they asked for, but I can tell you it is lower, because the overall
attrition rate for everybody is lower than what we had estimated last year at
budget time.
Mr. Dawkins: What is lower, five, ten?
Mayor Suarez: What are we estimating?
Mr. Dawkins: All I am trying to show, and I want you to show them is, that
when you tell them that 16 officers got out of the Academy, don't have them
_ leaving here thinking that there was 16 officers, black officers more added to
what we have. See, what you are telling them is, we added 16, but if we lost
20, then we had a minus one, and we didn't gain anything.
Mr. Plummer: The natural attrition, I can give you that number, but not broke
down.
Mr. Dawkins: No, no, see that is fine, OK? But they are interested in one
aspect of it only.
Mayor Suarez: OK, let's dig up that figure if we can, I'm sure it is not that
difficult to find since February, if there has been any...
Lt. Longueira: At this time it is.
Mayor Suarez: Well, you know, I see Chief Anderson in the back too. I'm sure
he knows how many, off the top of his head, have left the department by
attrition in the last few months, but at least the question is answered
partly, I think, Reverend.
Rev. Dunn: OK, can we do this then. Can we set up a meeting outside of this
with... we can recommend some people from our organization to .meet with
someone who can actually give us the numbers and kind of monitor?
Mayor Suarez: And Reverend, I would suggest
that we do that workshop, we
have some staff from the Commission present so
that you know, we can influence
the question and answering session. Sometimes
that helps.
Mr. De Yurre: Mr. Mayor, the "point that is
important here that should be
understood is that we can do more by bringing
black officers in and we don't
have that.much control about how many retire
or things.of that nature, so I
think that we have to stress the fact of bringing in the officers, and even
though you want to consider the netting out effect...
Mr..Dawkins: I would buy that, Commissioner,
if I didn't know that they were
forced out, or unjustly fired:
+-
Mr. De Yurre: Well, that is something else
that -we have to 'deal with all
3
' together.
g
178
June 7, 19.8�
Mr. Dawkins: OK, you see, if we. are going to talk, let's mix apples and
apples and oranges and oranges, you know?
Mr. Plummer: How many got beyond probation is what you are saying.
Mr. Dawkins: There you are, J.L.
Mayor Suarez: Yes, at least give us, if you can in the next few minutes, how
many that were beyond probation were removed or...
Mr, Dawkins: How many got out of the Academy, Mr. Mayor. -
Mayor Suarez: OK, Reverend, go ahead proceed, and we will provide the
workshops, because I think you could get into it more in depth and I...
Rev. Dunn: Yes, we will be here all day on that and what we need to do
though, before we leave we would like to set a date that we could...
Mayor Suarez: And of course, to go through this, to give you enough =
opportunity to go through it and find out how much of it is repetitive of
prior efforts, how much of it is valid in response to your concerns.
Rev. Dunn: OK, the other question to that category 1-B, which says what have
you done to increase officers, and we have in parentheses, black visibility in --
the black community, especially at night.
Y -
Mayor Suarez: There is a request that was made at the last Commission meeting
very related to that, not the last maybe, but the prior to last, on having the
Overtown Mini -station open during longer hours, including many nighttime
hours, are we anywhere close to that? I think there was a resolution of this
Commission that asked for that to be implemented. No, lieutenant? Chief, is
that just something beyond our power, as far as personnel, that we've got? _-
• Chief Ferry Anderson: Yes, beyond our power. The problem is, manpower, the
number of black police officers and the ability to assign the few that we do
have, but the majority of those individuals are working in the black
community.
Mr. Dawkins: And also Chief, wouldn't it have something to do with
seniority? - that most of the blacks have seniority and therefore they would
not be on the night shift where they could be deployed?
Chief Anderson: True, yes, but also at the same time, is that with.:.
Mayor Suarez: Although Chief, that could be resolved by incentives. If the -_
night shift is the one no one wants to serve on, you would think that.we would
come up with some incentives to get more people on the night shift in their
proportion of the City's composition, I would think. Now, I don't know with
the unions, how that will go, but...
Chief Anderson: Well, let me explain, how do you take approximately 184
people and you have to use those people as detectives, you have to use those
people who are assigned to accident investigations, you have to use those
people assigned to robbery, you have to use those people and assign them to
various units and various divisions so that they can serve the community. We
have to have those people assigned to background investigations, internal
security, special investigations, drugs, sting operations, and we are still
looking at the same 100 and less than 200 people, so what we've done is try to
make those individuals service oriented and responding to the black community
and also based upon assignment.
Mayor Suarez: Let me say, Reverend, and you may want to key on this
(-
particular idea. The last couple of days, -I sent off a memo, having looked at
the organizational chart of the Police Department. With all due respect for
the technical know-how of the Chief and the Manager, that suggested that of
=
all the different unit division and sections, we simply go to two basic
_
divisions, criminal investigations, patrol. In the process of simplifying the
r"
department, we get a lot more of those officers thataredoing things - like
s
it's a department, or a section called business management. Now, I believer
that was correct name, Mr. Manager. I don't think that we need that kind of a
section with a Major heading it...
179 June
Chief Anderson: Well —
Mayor Suarez: ... and that's just my opinion, so if you want to give some
input on that in these workshops, I will make that memo available, I'll make
the organizational chart of the Police Department. We would like that
department to be simplified like all of the other ones, and frankly as I've
said before to the Chief and the Manager, it's been a little difficult,
because we've had many problems in that department, but it still has way too
many units, way too many people doing the kinds of things that are not
directly impacting this community, such as a director of a unit of business
management who is a Major. I don't think, you know in a police department
that is needed, my feeling, you know, but I am not managing the department.
Rev. Dunn: One other question I want to ask in relation to, can we access to,
I think it's the "P" sheet, because that kind of tells what the ratio is in
terms of the Police Department...
Mayor Suarez: That is the daily allocation of... well, I asked for three
months worth of it and found out that they were... there was this stack, did I
make that available? I know I made it available to a couple of the committees
considering this and I'm sure, yes, you can have them, if not, from the Chief.
It does take a lot of work, but...
Chief Anderson: No, we're a public agency. I don't have any problems, if you
want "P" sheets, anything that is not stamped confidential, Reverend, you can
have it.
Rev. Dunn: OK.
Mayor Suarez: The "P" sheets are very educational and instructive. They show
that every single day and every single shift, we have a whole reallocation of
the manpower on the street, and that means that it is very difficult to
predict. I don't think that's the ideal system. I don't know what a better
system is, but any input you can give us on that would be helpful.
Mr. Plummer: "P" sheets pertain primarily to patrol.
Rev. Dunn: OK, thank you. OK...
Mayor Suarez: Yes.
Rev. Dunn: Item number 2, which deals with insensitivity towards blacks by
City officials and department heads, and we have 2-A which deals with
Commissioner Plummer.
Mr. Plummer: Yes. Yes, sir, the same answer that I gave you before, without
being repetitious, I don't know why you asked it again, but I'll answer it the
same way that I did before. Commissioner Plummer has two people on his staff,
and at this particular time, I have considered that to be a very efficient
staff. I have not hired anyone in the last eight years, there is not a need
to hire anyone a this particular time. When I do hire another staff person, I
will definitely consider that a black be chosen.
Rev. Dunn: OK, well we just basically want to ask you that question because
considering the fact that you have the most tenure, you are the veteran on 'the
Commission and most of the other Commissioners on the... all of the others do
have a black on their staff and we just were concerned as with the...
LL
Rev. Dunn: 37, and what...
Mr. Odio: ... of the promotions. There were 21 promotions.
Rev. Dunn: 21 promotions?
Mr. Odio: And out of that, 37 percent were black, unclassified...
Mayor Suarez: What level, Mr. Manager, clarify.
Mr. Odio: They are not janitors or like they said.
Mayor Suarez: At what level, at what level? Nonclassified?
Mrs. Kennedy: Yes, give us a breakdown of the levels.
Mr. Odio: Well, professionals, technicians, unclassified and classified, but
it is a promotion.
Mayor Suarez: OK, let's specify and let's clarify that...
Rev. Dunn: What departments and what positions?
Mayor Suarez: Reverend, before we do that, let's define unclassified. It is
anyone above civil service rank, which means typically higher paid.
Mr. Odio: No, no, excuse me, Mr. Mayor. They are classified and
_ unclassified. They are above the janitor level that he said. They are
professionals, there are service maintenance people, there are clerical
people...
Mayor Suarez: Well, why don't you give us all of the categories then, all of
the promotions.
Mr. Odio: OK, in the professional rank, 11 males, or 41 percent; technician
rank, four were promoted; of the paraprofessional rank, two; clerical, five;
skilled craft zero, and service maintenance, three.
Rev. Dunn: OK, any department heads, assistant department heads, any...?
Mr. Odio: No, because that has been done prior to that and you asked me since
February, Reverend. If you want the figure before that, I will be glad to
give it to you, but you asked me since February to now, and that is 37 percent
of promotions were black.
Mayor Suarez: Commissioner, I think... a
Mr. Dawkins: Mr. Mayor, I'd have to say, I'd like to say that not having been
here 20 years, having been here eight, I feel that I need the staff that I
have. I have no problems with anyone getting by with more or less, but I do
work full time at Miami -Dade Community College, and I do have a constituency
that have their needs to be met during the day, therefore I do have more than
two people in my office, and I don't want people to go away thinking that
because the individual with 20 years operates with two members, that the rest
of us are overstaffed by having more than two.
Mr. Plummer: Commissioner, my comments were not directed at any other
Commissioner, other than a comparison of I had two. I fully rely and have
voted every year on a budget to allow each Commissioner to determine his own
needs. I have always returned $60,000 to $70,000 in my budget because I feel
my staff has operated very efficiently, they do meet the needs of my
constituency and the needs of the people who call my office. If ever I need a
third person or one of the two are replaced, I have said, and I will continue
to say that I will have a high regard for a black in my office.
Mr. Dawkins: I know, I still say that I don't want the citizenry to go away
from here thinking that because one office operates with two,, every office
should be able to operate with two. You didn't say that. OK, all right, nor
did you imply that, but we.do have individuals out here who pay taxes -who are
concerned about the budget who will want to know why is it that one individual
there can get along with two and somebody else have more than, two, that a one
thing.
181 .Tune T, 190
9 _
Rev. Dunn: Can I just raise another question in relation to that. Because of
the fact that you do have two staff, as the black community, as you see they
are here today, can we be guaranteed that we can have access to your office?
Mr. Plummer: At any time and I don't think any one of you there have never
had access to my office.
Rev. Dunn: So we can have access to your office?
Mr. Plummer: You mean coming into my office at any time? What do you mean by
access?
Rev. Dunn: To get things done in the community.
Mr. Plummer: Oh yes, sir, yes, sir. Have you ever been denied that right?
Rev. Dunn: No, but it's you know, usually you have a liaison for a particular
community.
Mr. Plummer: Anytime you want a liaison, one of my people will be glad to be
there. They do it day in and day out.
Rev. Dunn: OK.
Mr. Plummer: Not being a reverend, but ask, and thou shall receive.
Mayor Suarez: Reverend, going back to your other question, I forget to
mention...
Mr. Odio: I have the... Mr. Mayor, if you may, I have the answer to his
question.
Mayor Suarez: On attrition?
Mr. Odio: No, on the officials in the high ranks, if you wanted me to give
him that answer.
Mayor Suarez: If he wants that. If you want to put on the record how we are
doing. We are doing very well as opposed to any other city that I am aware of
in terms of high level officials.
Mr. Odio: Of 17 directors, five are black, or 30 percent.
Rev. Dunn: You said five are black of directors, 17 total?
Mr. Odio: Out of 17 total, five are black.
Rev. Dunn: What, I didn't hear that again now, what was that?
Mr. Odio: Out of 17...
Rev. Dunn: Out of 17...
Mr. Odio: ... five are black.
Rev. Dunn: OK. -
Mr. Odio: And that's 30 percent.
Rev. Dunn: OK.
Mr. Odio: Of the total, of the ACM's, that's assistant city manager, 40
percent are black, that's two. Of the total officials in the Administration,
that is assistant director, and below in the middle level, of 127, 24 percent =
are black, or 31.
Rev. Dunn: All right.
,
Mayor Suarez: I was telling you on the Police Department attrition, two cases
came up that were mentioned in your - the station that you host a program in
and I had occasion to look over the files of both of those officers, and I
182 June fi, 19#19
concluded for myself that there was no abuse of discretion in there their
dismissal. Had I been the Chief or the Manager, maybe the outcome would have
been different, but not enough that I could say, I think there is an abuse of
discretion. Subsequently, I also looked at the file of a Hispanic sergeant
who I think was going to be dismissed, if he hasn't been already, and
concluded the same thing as to that, but we did follow up on checking on those
specific cases. I could mention the names, I'd rather not on the record, but
I could tell you privately and the names were mentioned the last times around
on the record. I think one is still pending in review processes, you know,
with appeals and so on. Go ahead, Reverend.
Rev. Dunn: OK, since I'm talking with the Manager, there's a question that I
would like to ask you, and it's in reference to the Garcia situation in the
Fire Department.
Mr. Odio: Yes.
Rev. Dunn: My understanding is that he punched a guy and got a promotion and
is that normally the...
Mr. Odio: Well, he did not get a promotion.
Rev. Dunn: Well, he got a raise.
Mr. Odio: He did not get a raise, that was a misprint or misinformation as
far as his salary from the Fire Department to the Parks Department. He
did not get a raise, and I can prove that to you and I have the numbers here.
As far as why did we transfer him and not fire him, or suspend him...
Rev. Dunn: OK, now, let me just...
Mr. Odio: ... I will get into that.
Dr. Dunn: OK, in that case, then you can compare it with a person like
Adolphus Faulk, who worked with the City Parks for 23 years.
Mr. Odio: Yes.
Rev. Dunn: It is understood that he did have a problem, just as Mr. Garcia
had a problem.
Mr. Odio: No, mention his problem.
Rev. Dunn: OK. Pardon me?
Mr. Odio: Go ahead and mention his problem.
Dr. Dunn: OK, but he was fired and you said you didn't want to send a
message, a bad message of morale to the department. Well, I am wondering what
kind of message that would be sending to those blacks in the Fire Department,
if a person can punch somebody and get a promotion?
Mr. Odio: OK, if you let me answer. Number one, Adolphus Paulk was fired
because he stole $1,957 and when you steal money, unfortunately, and you are
bringing this up, I didn't want to do this, it is a firing offense.
Mayor Suarez: We know the reason why somebody is fired. You don't need to go
further on this.
Mr. Odio: Mr. Garcia threw a punch because he had been provoked within the
department for more than a year, as so many other blacks have been provoked,
and we are looking at those cases now individually, to solve that problem, and
that's why I gave you a copy of the report from the independent panel that I _
formed to look into this between Garcia and Patelsky and how he was provoked
into throwing that punch, and there is a big difference from throwing a punch
when you get angry at somebody, and the other thing is when you are being
harassed constantly by either superiors or non -superiors but because you are
either a Cuban or a black. That is the reason why in the case of Garcia;
taking it individually, I decided that he should not be fired, and, he should
not have been fired for having been provoked and he did not get a raise. In
fact, he would rather be a firefighter, but unfortunately he cannot be,
because...
183
Mayor Suarez: Let me add something to that and then ask the Manager a follow-
up question if I may, unless you... I agree, Mr. Manager, that the situations
in the Fire Department have been documented to be reflective of an environment
that includes and the report I think that studied the allegations of
discrimination in the Fire Department, I think concluded that there was
institutionalized racism and discrimination in many of the practices and in
this context maybe the Leo Garcia incident occurred, more than one incident,
and I am not saying that the right thing was done as to Leo Garcia, I know the
first time that he had a problem in the Fire Department that maybe that the
right thing was done, he was removed to a different station, but it did
respond to a situation that we know exists in which the Manager, by the way
had taken very strong action, in which I think the director of that
department, unlike the director of the Police Department, has not moved as
quickly as we would like him to move. However, I did ask the Manager in a
memo, and I don't remember getting an answer, because there was the
impression, Mr. Manager, that as to Mr. Garcia you had impaneled a committee
to look over his... what the proper disciplinary procedure would be as to him
and that before you got back an answer from that committee, you had already
made a determination to hire him in another department. That didn't make any
sense to me and I asked you for a full chronology. Do you have that
chronology?
Mr. Odio: The reason for that was that in numerous meetings with the Fire
Chief, with other people in the Fire Department, I had information already
concerning harassment because Mr. Garcia, with McCray and other firefighters,
that if you remember...
Mayor Suarez: That's Ron McCray?
Mr. Odio: ... came to the City Commission and accused the department of
discrimination. Since that day, he was being picked on and I determined that
it would be unfair to fire the man because he threw a punch at somebody
because he had been harassed now for a year. And by the way, McCray is also
being looked at right now because of other incidents and then when I...
Mayor Suarez: But that's not the question. The question is, why would you
make a decision on transferring him or hiring him in another department before
the panel that you set up yourself to advise you even comes back with a
recommendation?
Mr. Odio: Because some powers to be in the department were already talking
about firing the kid.
Mayor Suarez: You are the power to be in the department in the City, Mr.
Manager...
Mr. Odio: No, sir, you know, you have a...
Mayor Suarez: ... and the next time you impanel a committee, I would strongly
recommend if you want my vote of: confidence that you wait until you get the
recommendations of your own committee.
Mr. Odin: Mr. Mayor, I took a... I made a decision...
(APPLAUSE,)
Mr. Dawkins: You know, I have to take up, I have to say this. The Manager
has worked as hard as he could to right a division which Miller Dawkins says
is full of racism. Now, nobody else don't have to say that if they don't want
to. The Manager has done all that he can do within his powers. Other people
do have rights. You do have bargaining agents, you have etc. Now, and the
Manager sent a memo the other day and told the Chief that he was no longer -_
going to accept any more excuses, that racism in the Fire Department must be
eliminated. Now, he just can't go over there and fire everybody in the Fire
Department and we don't have anybody to put out fires, OK? Now, if that's what
you want, he can't do that. He'd be irresponsible, so you are asking for
things that we should have demand, the Manager is attempting to correct the -
evils that is being demanded. Now, the Manager said something I was going to
ask and I want him to elaborate on it. Mr. Garcia and Mr. McCray were
harassed and appeared before this Commission and were still being harassed.
You decided to move Mr. Garcia from the harassment, but you left McCray in the
184
June 7, 1989
harassment. Now, my problem is, when are we gong to move McCray out of this
harassment?
(APPLAUSE)
Mr. Odio: Commissioner, McCray's case came later than Garcia...
Mr. Dawkins: No, no, they came together.
Mr. Odio: Wait, no, because he had an incident that occurred about a month
ago and last night I talked to the Fire Chief, that he was not to take any
disciplinary action against McCray, that I would... OR.
Mr. Dawkins: Yes, well I know about them bringing his live-in wife down there
testifying against him, but that's... OR. Now, the other thing is, at Station
8... see, you people don't know these things happen. At Station 8, a female
firefighter was taking a shower and the guys peeped under the shower stall and
it is alledged when she reported it, they laughed at her, OK? See, you
people... all these things, all this kind of harassment happens in the Fire
Department, and the Manager is doing all he can within the framework of what
he has to work with, so stay on us, and make us do what we have to do, but we
just can't destroy 40 years of racism in 40 days.
Mr. Odio: Commissioner, I'm glad... the Fire Chief, by the way, replied last
night, and in some instant, measures were taken right now to stop
discrimination in the Fire Department. I hope you got a copy of it. It was
late last night when I got it. It is the first steps to stop any
discrimination in the Fire Department. As far as disciplinary action to be
taken, it is not going to be who the person is, or what color or what culture,
or whatever, it is going to be in writing. Disciplinary action will be taken
according to action and nothing else. We are going to have that done and in
place within this month.
Mr. Plummer: Let me ask a question. Mr. Manager, in the McCoy case, was he
offered the right to transfer the same as Garcia?
Mr. Odio: McCoy?
Mr. Plummer: The other kid.
Rev. Dunn: Ron McCray.
Mr. Plummer: McCray, I'm sorry.
Mr. Odio: McCray has not, he has to go through the proper procedures with the
Civil Service Board and whatever. Now, I was...
Mr. Plummer: Well, but you transferred Garcia before that procedure.
Mr. Odio: Because he asked. The transfer was asked for.
Mr. Plummer: All right, have you offered the same to McCray?
Mr. Odio: If he wanted to, I would do the same, but what I...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: ... wait just a minute, but I feel very strongly that Mr. McCray is
making a strong statement in the department.
Mr. Ben Boykin: No, Mr. Manager, I don't think that's true. We got Ron McCray
right here.
Mayor Suarez: Please, please, wait. He is not... now, sir, sir... officer,
sir, please!
Mr. Boykin: You took - Ron McCray was asked for...
Mr. Plummer: I thought I had the floor, Mr. Mayor.
Mr. Boykin: Go right ahead, Commissioner.
185
Ll
PA
r Mayor Suarez: Commissioner Plummer, you are inquiring?
Mr. Plummer: Mr. Manager, it would seem logical to me and I'm not trying to
fall on one side or the other of who is right and who is wrong, but if you
afforded that opportunity to one to get out of the harassment area, that the
same opportunity should be invited to all including McCray.
a
Mr. Odio: That is correct, it would begin.
Mr. Plummer: I would say to you sir, that to me, looking at the situation,
you offered to one and not another is not a proper way to do it. I think that
man or anyone else who is in that kind of an environment, until this matter
has been resolved that they should be offered the opportunity to be removed
from that kind of an environment, and I would so suggest that that be done.
Mr. Odio: We agree. We will do that.
Mr. Dan Boykin: First of all, let me just take the opportunity, since I have
been informed that you have been working hard, Mr. Manager, I do want to thank
you, but as stated, we would like to see the same treatment afforded, and as a
matter of fact, we have Mr. McCray here and I would like for him to just say a
word.
Mr. Dawkins: No, Mr. Mayor, I'd like to hear from... you are the
representative of the black firefighters?
Mr. Boykin: Yes.
Mr. Dawkins: Mr. Mayor, may I hear from...
Mayor Suarez: Yes, please.
Mr. Dawkins: ... the office of the black firefighters.
Mr. Boykin: Yes, I'm Dan Boykin, president of the Professional Black
Firefighter's Association. Mr. Mayor, I mean, Mr. Manager, I read the
statement that you wrote to the Chief. As far as I am concerned, it is just
lip service. Nothing has been done, there has been no officer penalized for
any discrimination in the City of Miami Fire Department. We have had three
different independent panels that's alleged that there is discrimination in
the City of Miami Fire Department and nothing has been done. Mr. McCray was
not afforded the same opportunity as Mr. Garcia. He was asked for
psychological evaluation. I don't think any other firefighter in the City of
Miami was asked for that.
Mr. Odio: That was wrong and I stopped it.
Mr. Boykin: Well, and he's not the only black that's being discriminated in
the City of Miami Fire Department.
Mr. Odio: I know that, but you can't put a stop to 40 years of this type
of...
Mr. Boykin: Well, you got start through!
Mr. Odio: That's what we are trying to do.
Mr. Boykin: That's what we are here for now, to get a start. OK, now you
have seventy something blacks in the City of Miami Fire Department with no
representation at all. What are you going to do about that? Black Fire
Department workers do not even have a union. I think everybody needs to know
that. They don't have a union and they are paying union fees. Is that fair
or what?
Mr. Odio: It is not.
Mayor Suarez: We have an answer on that as you...
Mr. Boykin: No, we are not paying union dues, but we are also paying... we
did have to pay for the union insurance that we were not allowed to be a part #
of, which I think is sickening.
186
Mrs. Kennedy: And you can't even vote.
Mr. Boykin: Can we hear from the Chief of the Fire Department?
Mayor Suarez: There is, let me clarify on that, that there is pending
litigation on that issue, and let me clarify also that I think you've gotten
the support on that issue from all the Commission, at least I know from my
office, I presume all of us. I won't even at this moment discuss with the
union any of the issues affecting your contract. As far as I am concerned,
they could be without a contract until we get that issue resolved, but we do
have a limited amount of power in that area, and the matter is under
litigation, and it is our hope that you win it. There is also mediation and
there is every possible way of trying to resolve that issue. Every time I meet
with the... I don't even meet with the union chief, but every time that my
staff meets with him, I indicate to him that for us to have even cordial
relations, he's got to solve the problem of bringing you back into the union,
and we don't have a satisfactory resolution of that.
Mr. Boykin: Mr. Mayor, we tried to negotiate this with the City in good
faith. We gave the City some of our concerns.
Mayor Suarez: That's why you are litigating now.
Mr. Boykin: Right, we gave them some of our concerns and none of them was
addressed, and if you really in fact want to do something, you can direct the
_ City Attorney to sit down and work with us with some kind of reasonable,
something we can agreed with, but what we gave you and what came back was
totally... I mean, we couldn't live with that and the City didn't bend at all.
Mayor Suarez: I saw the proposals and I read you. I thought that we had
done everything in the power of the Commission, including leaving the union
without a contract at this point and even not negotiating. They have asked me
to have an executive session and I have not invoked one, I have not convened
one, so that gives you an idea how far we have gone to put pressure, and we
haven't solved the problem yet.
Mr. Boykin: We still have the problem of, you know, the blacks and no
representation, and we still have our problems within the stations in the City
of Miami Fire Department.
Mayor Suarez: Chief, how about the issue.of,.the people who are supervisors
in that department, in your department, are the people who are supposed to
avoid a lot of these interpersonal conflicts and particularly those that have,
that are tinged with racism or sexism. Have any of those people ever been
removed or disciplined, any of the supervisors?
Chief Colonel Duke: Colonel Duke, Fire Chief, City of Miami.
Mayor Suarez: And I don't mean in the sense that they have to be necessarily
thrown out of the department, if you don't have cause to do that, but at least
not put in a supervisory position. He's made many changes in his supervision
of his department. He's changed a lot of people around that were at high
levels, now are low levels and vice -versa. He can do that within his
discretion. I presume you can too.
Chief Duke: Mr. Mayor, I have twelve...
Mr. Dawkins: He even got the black community mad because he fired some black
officers, that didn't happen in the Fire Department.
Mr. Boykin: That's right.
Mayor Suarez: Please, please.
Chief Duke: I have twelve people on staff that are non union members, except
for those that have been removed for cause by the union hierarchy. We don't
have the numbers of people to move around as the Police Department does.
Mayor Suarez: I'm talking about your supervisors. You call them chiefs, it
seems like they are all called chiefs, but I mean the ones that run the
different areas of the City.
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Chief Duke: The reality of that is, is that from the three bugle chief down,
which is through the promotional system, they are members of the bargaining
unit. When you have a department like mine, the City of Miami Fire
Department, we have been in existence since 1896. When I came on this job in
1964, it was a total Angio Fire Department. At this particular time, we are
going through the change in the Fire Department. Our attrition is nowhere
near what the Police Department's is. We are looking at 15 to 20 people a
year that we modify. I've got a class in right now that is in the training
center that is five black males, five Hispanic males, four females and two
Anglo males.
Mr. Boykin: How many black males, black females?
Chief Duke: How many black females?
Mr. Boykin: Right.
Chief Duke: I don't think there is any in this class.
Mr. Boykin: How many do we have in the department?
Chief Duke: One.
Mayor Suarez: But it is just in fairness to him, he just gave some incredibly
progressive figures compared to the way things have been.
Chief Duke: Yes, I'm not trying to shade any of these figures or not trying
to make any points that don't need to be made. You know, there obviously it
is going to take some time to make some changes in the department. I
responded to the City Manager's memos of a month ago. Some of the proposals
that we have made are absolutely radical from the position we have been in the
past. Your...
Mayor Suarez: Chief, we were all concerned during the time of the hearings on
discrimination about the very subjective nature of disciplining in the
department, where people got into something that they called anecdotals,
personnel files...
Chief Duke: Yes, sir.
Mayor Suarez: Little comments on attitude and comments on this and that,
-
whoever the supervisor didn't like, whoever wasn't fitting in, that was the
conclusion of all the panels that have looked at it.
Chief Duke: The report that...
Mayor Suarez: Civil Rights Commission, everybody. Have you made an
institution change, or are you proposing to the Manager that that system be
changed and set clear criteria for disciplining, such as, is the guy there on
time, or the gal there on time, and did they respond to fires? Which as far as
I can tell, are the two most important things they can do in your department.
Chief Duke: We have been working on something along those lines since the
panel came back with their direction, with their findings. The Fire
Department...
Mayor Suarez: That wasn't my question. Have you made specific proposals on
changing the personnel files and the disciplining procedures?
Chief Duke: Yes, sir.
Mayor Suarez: And if so, what are they?
Chief Duke: A complete change, a complete change.
Mayor Suarez: Can you tell us what they are?
Chief Duke: And you have a copy of it that I gave to you today.
Mayor Suarez: I don't want the copy,
you going to change it, sir?
I want to know what they are. How are
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Chief Duke: Anything that happens at the company depart... these are our
recommendations. They have to be verified and agreed to by the Law Department
and to...
Mayor Suarez: I presume that if he finds them proper, he'll approve them.
What are they?
Chief Duke: Basically, very basically, what it says is that an officer on an
apparatus will be a act finding individual and not make recommendations, so
that you've got a fact finding situation at Station 6, a fact finding
statement from Station 12, it comes to the Chiefs office in the form of a
written document...
Mayor Suarez: OK, what that means is the average firefighter would not
allowed to make notations in the personnel file of another firefighter, is
that what you are saying?
Chief Duke: That's correct.
Mayor Suarez: It will have to come through a higher level?
Chief Duke: It goes through the department, to a board that would include a
peer person from that group.
Mayor Suarez: Like the one used in the Police Department?
Chief Duke: Very similar.
Mayor Suarez: Like the, what is it...
Chief Duke: Very similar to the group that they use.
Mayor Suarez: ... what is it, Chief? PBRB?
Chief Duke: Very similar to that.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Disciplinary something review board. We don't know what the
other B is.
Mr. Odio: That's Fireman Disciplinary Review Panel. In other words, not one
individual can turn another one in.
Mayor Suarez: We got that, just wanted to know what the initials are, if
anybody knew.
Chief Duke: It then goes through the Deputy Chief of Operations who will make
the determination if it falls into a certain category of an offense. We have
also included some structuring, some sentencing guidelines for lack of a
better term, where that if a person is late for duty, you get so many points
for that. You get so many points for some of the things that has been
mentioned here, some specifics.
Mayor Suarez: Specific concrete objective guidelines and I'm glad you're
implementing those.
Chief Duke: The report has that and the point that I'm trying to make is that
is a drastic change from the way that we have done business in the Fire
Department forever. Hopefully...
Mayor Suarez: But it is also true, it is also true that it took a little long
from the hearings that we had almost two years ago on this issue.
Chief Duke: Members of the panel, the committees that sat on all of these -
different items, all of the different items that were mentioned and there was
probably 28 or so, there has only been 134 duty days since that report was
given, November 5, 1987, 134 days! You throw out Saturdays, throw out some
days off, you end up with maybe 50 days total that people could meet together
in a committee format and come back with some of these conclusions.
189
Mayor Suarez: Chief, with all due respect, the one thing that came out clear
at those hearings was that these personnel files were not being kept in any
kind of an objective fashion. You could have implemented that right away and
we gave you all kinds of hints and suggestions to that effect. I would also
say this, the first statement you sent to the department after we asked you to
clearly enunciate the Affirmative Action goals of the City and the Consent
Decree, which was again part of the discussion being had at the time, was
nothing more, as I mentioned to the Manager in a memorandum, was nothing more
than an equal opportunity employer type statement and it said nothing and
since then, I know you sent some real clarifying statements as to what our
Affirmative Action goals are in the department. More importantly than that,
you have actually implemented with some of the new classes and with the
promotions, which is one reason we are also getting ready to litigate
apparently with the union, because the union is not pleased with that, as you
well know, and so I do want to commend you on some things and...
Chief Duke: I would like to make one other statement before we go any
further, to make sure that everyone is understanding exactly what's happening
as far as the Consent Decree in the City of Miami. As I understand it, the
Consent Decree requires that we mirror, or mimic, the work force of the City
of Miami.
Mayor Suarez: That's correct.
Chief Duke: We've been working with that with an 80 percent in hiring since
roughly 1976, I believe is the time frame.
Mayor Suarez: That means that 80 percent, the goal is 80 percent of all new
hires to be minorities.
Mr. Boykin: No, what about the people that doesn't make it through?
Chief Duke: Minority and females.
Mayor Suarez: Wait, wait, let the Chief finish, and then we'll take
questions, please.
Chief Duke: Minorities and females. At the present time, the percentage of
black males on the Miami Fire Department mirrors the ethnic makeup of the City
of Miami. Females does not. Females are counted as a separate class. We're
really low on females. We're low on black females and Hispanic females. We
do not have an adequate number of Hispanic males.
Mayor Suarez: Have you considered asking Commissioner Kennedy to go to some
Junior colleges and high schools and help you with recruiting, sir?
Chief Duke: We are planning on, as soon as I have my conversations with the
Manager regarding the budget process, and we can go back out, we plan on
having another very successful...
Mayor Suarez: Forget the budget process, Chief. Consider asking roll models
in this community, like Commissioner Kennedy, and some of your female
firefighters to go to the colleges and high schools to see if you get more
applicants, because every time we ask you about this, you say, we get very few
applicants.
Chief Duke: We have 28 females on the Miami Fire Department today with four
of those being in class. Eight of those, or twelve of those have come on this
job since I've been the Fire Chief. That's almost a 50 percent increase.
Mayor Suarez: You've done incredibly well compared to the past.
Mr. Boykin: Mr. Mayor...
Mrs. Kennedy: Yes, let me answer... excuse me, one second, Mr. Mayor.
Yesterday I was talking to the Chief precisely about that. I asked him to use
me in any way, shape or form that I could recruit people and also, one-third
of all the stations only have separate bathroom facilities, and I urge him_
yesterday to have architects look at the new designs and please correct that
mistake.
Mr. De Yurre: Mr. Mayor, I'd like to make a motion at this time.
190
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Mayor Suarez: Mr. Vice Mayor..
AIL
Mr. De Yurre: And that is that on every meeting that we have here that we
have a standing item on the agenda,
Mayor Suarez: General, not Planning and Zoning meetings.
Mr. De Yurre: You want to make it on General? OK, on every General meeting
_ that we have that we have a report from the Fire Department as to the progress
that is being made. In that way we could monitor it, as opposed to letting
you go on your own and then we have to check with you three months later, find
out maybe that the progress that we would like to see being made is not being
made, so I'd like to make that in the form of a motion.
Mayor Suarez: Final statement on this issue, because really it's a
OEM
agenda and there are people waiting for other items too.
Mr. Boykin: Mr. Mayor, I don't think the Chief addressed all of the problems
in the City of Miami. First of all, your first line supervisors are union
members, card holding union members. I personally had an incident where we
were in the morning meeting and we had an acting officer, who is the shop,
like the union representative for our station. He got up in front of the
station and told the guys that they shouldn't laugh and joke with me because
of my position in the Black Firefighter's Association, and I think this is
creating a hostile work environment for me and we shouldn't have to work under
those conditions. Any other corporation, or any large business, you have a
separation between management and union. We do not have that in the City of
Miami because everybody is in the union other than the few members that Chief
Duke said will probably just recently resign from the union and in the City of
Miami right now, we have no black captains, which I think is sickening, no
black captains at all, and all of the second persons in charge of all the
higher positions are all Anglo, except for one, which is Chief Waters and in
the City, we are fighting, it's different because in any other work
environment the union fights to help the workers. The union in our case, is
fighting against the black firefighters. I think that the Chief can probably
address this issue. We have an issue...
Mayor Suarez: Why is that so different? Why do we have a Police Department
where all discretionary or staff are nonunion, I think by definition, and in
the Fire Department we have all kinds of supervisory personnel who are also
members of the...
Mr. Odio: In the Police Department, up to the rank of captain, they are part
of the union.
Mayor Suarez: Right, but beyond that, we...
Mr. Odio: Beyond that you only have the majors.
Mayor Suarez: Majors and assistant chiefs.
Mr. Odio: And the assistant chiefs and that's 16 people, so you are talking a
total of 16 people, so you are talking a total of...
Mr. Boykin: All the immediate supervisors are union members. The lieutenants
are union...
Mr. Odio: I wish there were not, I can tell you that, because a captain, for
instance, in the Police Department, which is of a concern to me, makes
overtime and here he is supervising other people that also... so there are
many reasons why...
Mayor Suarez: Maybe that's topic for negotiating with the union as the
contracts come up.
-
® Chief Duke: Mr. Mayor, can I make just two statements and then, you know,
whatever. =-
Mayor Suarez: Chief, go ahead, please._
Chief Duke: You know, the numbers, you know, I'm not absolutely 100 percent =-
sure on the numbers. I think that there are 72 blacks on the Miami Fire
Department. Twelve of those are officers at this particular time, so there is
not a disproportionate number of officers in those ranks. There are in the
ranking throughout the ranks of the department, I don't have...
Mayor Suarez: We understand. What you are saying is...
Chief Duke: Yes, there is no disagreement with that.
Mr. Boykin: Well, how many over lieutenant? We only have two that's over the
rank of lieutenant. Lieutenant is the first line officer.
Mayor Suarez: He was saying officers. Did you mean officers the same thing?
Chief Duke: I was just mentioning, you know, total officers, but not...
Mayor Suarez: Meaning what rank? Meaning what rank?
Mr. Boykin: The other... _=
Mayor Suarez: Wait, wait, wait.
Chief Duke: Then it is completely correct as far as...
Mayor Suarez: What rank did you mean by officers, Chief?
Chief Duke: Lieutenant, district chief, division chief and deputy chief.
Mr. Boykin: Those two chiefs are just about ready to retire. We have no one
else to fill the placement for them. Those chiefs have been on the job over
20 years and we have no one in between, no lieutenant and we have no district
supervisors, no district chiefs, we have no division chief other than the one
you mentioned, no deputy chiefs, other than the one you mentioned, only one
black female on the job and I think it is sickening.
Chief Duke: Absolutely correct.
Mayor Suarez: We have a real problem.
Chief Duke: I'd like to speak to the other issue of... Mr. Boykin just
mentioned an incident that I am not aware of, you know something that took
place in his station, or you know, where he was in roll call. Recently,
within the last month and a half, I've instituted a program with it. I go on
our I -Net, the program that has the television station, where there are
televisions in all of the stations.
Mayor Suarez: Well, before you go on any newfangled system, Chief, do you
have an open door policy for your employees?
Chief Duke: This is what I was just getting ready to...
Mayor Suarez: Not by television, not by electronic hookup. Do you have an
open-door policy if they want to...
Chief Duke: No, I do not, I do not.
Mayor Suarez: Mr. Manager, as you know, for myself, I favor an open-door
policy all the way to my particular office, which I honor for City employees -
automatically and for all others with an appointment, and I really encourage
that. That's your management decision.
Mr. Boykin: Mr. Mayor ...
Chief Duke: To the best of my knowledge, anyone that's ever requested to come
and see me or come through my door has never been denied, but as far as...
192
Mayor Suarez: Well then, you do have an open door policy.
Mr. Boykin: I have been denied unless there was union representatives there.
Mayor Suarez: Wait, wait, wait. You've contradicted yourself, Chief, I'm
afraid, sir. You either have an open door policy or you don't.
Mr. Boykin: I have been denied, you told me I cannot meet with you unless
you...
Mayor Suarez: Well, he said he didn't have an open door policy, so I guess
that would fit that particular pattern.
Mr. Boykin: OK.
Mayor Suarez: Anyhow Chief, go ahead, your final statement.
Rev. Dunn: But wait a minute, he just said as far as he knew, no one had ever
been denied, so that is contradiction.
Mayor Suarez: But all I need to know is to hear that he doesn't have an open
door policy to know that I don't like his management approach, frankly,
myself.
Mr. Boykin: OK, all right.
Chief Duke: OK, as far as meeting with Mr. Boykin, at the time that Mr.
Boykin had asked to come and have meetings with me, my initial understanding
was that couldn't happen because it had been implemented previously by my
predecessor. I talked with the Law Department and they said that based on...
the Law Department being Lucia, that based on what was going down as far as
the Professional Black Firefighters being a rival labor union, that it was
probably in the best interest of the City not to meet with the individuals
concerned on that issue. Other than that, I am not aware...
Mayor Suarez: That issue is a mess, it's a legal battle right now and there
is not much we can do about it.
Chief Duke: But as far as trying to understand the problems out there in the
stations, if I don't hear about them, I can't respond to them. I've tried to
implement a program where a person...
Mayor Suarez: And if you don't have an open-door policy, it might be
difficult for you to hear about them, that's all I am telling you.
Chief Duke: A person does not have to go through the chain of command to
bring an issue to me.
Mayor Suarez: Chief, if you decide, and I can't tell you to do it, but if you
decide to implement an open-door policy, I suggest you do it by a memorandum
to all your employees, OK? Anything further?
Mrs. Kennedy: I would encourage you to do it.
Mayor Suarez: And I have a feeling that this Commission probably agrees with
that, because we have an open door policy and we get paid a heck of a lot less
than you do, sir.
Rev. Dunn: I have one question to ask you on this. Now, concerning the
negotiation of the contract of Local 587, it is evident in your National
Investigative Panel Report, also in the report of the Affirmative Action
Bureau that you have a union that openly and blatantly discriminates against
blacks. As a matter of fact, they had a kangaroo court up in Davie, Florida,
to kick the Professional Black Firefighter's Association out of the union.
How can you in good conscience negotiate with a union that opposes
Affirmative Action, under which you are mandated... (APPLAUSE)... under the
Consent Decree and is a total and contemptible violation under Title 7?
Mayor Suarez: Yes, we, on negotiating with the union, we follow, we have to
follow State law, however to the extent that we can push it to the wall as far
as we can legally, I guarantee you, as to myself, and I think the rest of the
Commissioners are doing equally as much. I mean, we've got a situation here,
193 June 7, 1969:,
U
as I mentioned before, that I am not calling an executive session, even though
they have requested it. The moment that I have the requirements under law to
call one, I will call. one, but I could show you many memoranda that I have
written, some that I have researched myself to avoid that for the reasons that
we have stated here, because I don't think that they are helping us with our
Affirmative Action program. In fact, I think the union is opposed to fact, I
know they are opposed to it for those very reasons.
Mr. Boykin: They are opposed.
Mayor Suarez: That also means, as we stated many times here on the record,
that in other kinds of negotiations on other issues, to the extent that we
legally can, we take that into account and that's why they don't have a
contract at all with us right now and we are not even particularly
negotiating. At some point, under law, we may have to.
Rev. Stark: Are they operating now without a contract? Are they representing
the Fire Department without a contract?
Mayor Suarez: Well, they are beginning to... they have a contract, but the
final items in that contract, precisely the ones we are talking about, we're
never completed.
Rev. Stark: Those should be non -negotiated items.
Mayor Suarez: I... we think we have made pretty clear to the union that they
are nonnegotiable. Apparently they haven't understood that. Anything else on
this, Reverend Dunn? Because we are going to have, according to the Vice
Mayor, we are going to have a report every Commission meeting, General meeting
of the Commission.
Mr. Larry Thompson: For the record, my name is Larry Thompson, a member of
the Miami Dade Branch of the National Association for the Advancement of
Colored People. This is one of the items that we are concerned about. We
have just made some progress at Miami Dade Community College in reference to
their Fire Academy. Chief Duke, I don't know if you are aware of it, I don't
know if the Mayor and Commission of the City of Miami is aware of it, but I
heard you jump on the bandwagon...
Chief Duke: I serve on that committee.
Mr. Thompson: ... with Metro -Dade County and make some progress in the Fire
Department. As you know, the Fire Academy of Miami -Dade Community College was
shut down for two days because of discrimination problems out there. As a
result of that, they have three year contracts and major changes in the Fire
Academy, and I once again urge the Commission and the Mayor and the Manager of
the City of Miami...
Mayor Suarez: OK, but Larry, the only thing is that our problems does not
seem to be at the Academy. We think we have that fairly much under control.
It seems to be at other levels and as far as joining the bandwagon of the
County, sometimes I join them, sometimes I oppose them. They're the County's
bandwagon, but...
Mr. Thompson: But the management problems are very similar.
Mayor Suarez: I would guess.
Mr. Thompson: OK, thank you.
Mayor Suarez: I would guess, I would guess, not being familiar with theirs, I
would guess.
Rev. Dunn: Before we close this discussion on the Fire Department, we too
would like to have information. Are we privy to that information as well?
Mayor Suarez: Absolutely.
Rev. Dunn: ... as to what goes on? Also, that there would be no...
Mayor Suarez: You're are going to have a tough time digesting it all, because
there is quite a bit of it.
Rev. Dunn: OK, and also that there is no repercussions anymore on members of
the Professional Black Firefighter's Association. I think you know, the
reason the Association was formed because of discrimination and because if
anyone aligns themselves with it, it seems as if that there is some
repercussions and certainly we need to make sure, I think the Chief and
everyone...
Mayor Suarez: I also think there was a quirk in the law. I mean, you/ got a
situation where under Federal law, under a Consent Decree, you are bound, the
Department and all the officers are bound to a law that says you've got to
implement Affirmative Action and yet you have a union that is opposing that on
a regular basis, so what is an officer, black officer, for example, supposed
to do, other than to set up his own association and that is what brought the
problem with the collective bargaining, to approve the State... under, State
law, approve collective bargaining unit, and so there is a little bit of a
contradiction of law. I always thought the Federal law took precedence, but
maybe I'm giving you some hints on how your lawsuit over there.
Rev. Dunn: OK, thank you. All right, let's move on, we spent a little time
there. "C," Mr. Odio, what have you done to step up efforts to help the
g Haitian Community, just as you did the Nicaraguans since February?
Mr. Odio: On March 9th, when there was a boat of Haitians that arrived on the
shores of Florida, I think they were about three or four miles from here, I
a informed Commissioner Dawkins, and we arrange for a meeting with the Haitian
leadership. We flew them out to the site so they could see from the air. We
' were trying to get them to land in the cutter so that they could be witnesses
- � to the process that takes place in high seas, which we felt, and still feel is
unjust and not fair to the Haitians. We, at that moment, also contacted, God
Bless him, Senator Pepper, and Senator Pepper told me then that he would file
an immediate law, which he, by the way, Jacques Despinosse and Ringo Cayard
and others have copies of it, a law that Senator Pepper filed right then,
asking for the immediate cessation of interdiction at the high seas, that
anybody that is stopped in a boat in the high seas, would be brought into
_ shore and given the same opportunity as any other refugee as they have done in
the past. And that bill is still in Congress and I don't know what the fate
of it will be, but we will keep pursuing that.
Rev. Dunn: OK.
Mrs. Kennedy: I don't know what the fate will be either, but I will tell you
that I think that any bill that Senator Pepper has filed is going to be
carried through, I just get that feeling.
Mr. Odio: We also...
Mayor Suarez: I would think that the weight of his lifetime service to the
Congress would help.
Mr. Odio: I'll be glad to make...
Mayor Suarez: Reverend, on that issue, let me say on behalf, or in tribute to
the Manager's quickness of response, that by the time I had contacted
Congressman Dante Fascell, who is head of Foreign Relations on this issue, he
had already moved with Senator Pepper, and Pepper acted very quickly and
forthrightly to introduce legislation.
Mr. Odio: If you wish to have copies of that bill, I'd be glad to make it
available to all you so that you realize what Senator Pepper tried to do, and
I asked him, as a matter of fact, and I said this on the radio the other day,
as a tribute to this man...
°s
Rev. Dunn: OK.
Mr. Odio: ... that when I told him, I said you know the consequences, you are
asking to stop interdiction, he said, I know the consequences, I know it is
not popular, but I'm going to do it anyway, because it is the right thing to
do, so that was done.
Ll
0
Mayor Suarez: OK, that's the way he always functions. Reverend, go ahead and
finish up, please...
Rev. Dunn: Mr. Mayor, I'm...
Mayor Suarez: ... because we are going to have the workshops you've
requested, I think they make a lot of sense.
Rev. Dunn: All right. I have... I would just like to pause just for a
minute. I did not recognize the ministers that are here and I certainly want
to do that, just for all the ministers here, just kind of raise your hands,
the black ministers and there are some out in the halls, they are here. I
just want... and of course, the people with the group, wanted to recognize
them. I didn't want to overlook them. And also, in reference to City Hall,
now I'd like to ask the Vice Mayor a question about that.
Mr. Plummer: About what?
Mayor Suarez: I'm sorry, Reverend, City what?
Rev. Dunn: City Hall, you know, 4400 Building. Right I understand that there
is a push to have to the City Hall...
Mayor Suarez: Oh, you are going to preempt the next item, huh?
Rev. Dunn: Mr. De Yurre was on the WMBM issue for the day, shortly after we
made a visit here back in February, you remember what you said to the
audience, right?
Mr. De Yurre: Well, what's your question?
Rev. Dunn: But I understand now that there is a move to try to get it over at
Biscayne, 4400, and we're... there are a lot of people in the community that
are under perception now, that there is a move and you seconded the motion...
well, that was just for a study, but there is a move now to get it at 4400
Biscayne Boulevard, when back in February you indicated to the listening
audience and to us that you favored the City Administration Building being in
Overtown, and we felt good about that.
Mr. De Yurre: Well, you should have felt good about it. The point is, that
not only did I say it on the radio, but I said it here on the record...
Rev. Dunn: Yes.
Mr. De Yurre: .... and I felt that if we have the possibility of putting or EZ
renting 150,000 square feet of space that is a significant impact in an area,
in a building and I feel that not only do we have that need to consolidate
government, but also we have the opportunity to do something for a community
in general. I certainly felt that Overtown, and I still do, is the area that
is in most need for that type of injection that would spur development in the
area, and the things that follow that type of renting of that magnitude of
150,000 square feet. We've tried to work and I've not felt, in fact I've a
mentioned a couple meetings here whether there was that support there to build
not... not two blocks from the core of downtown, next to where we have our
offices in the downtown area because that doesn't do a damn thing for r.
Overtown. My idea was somewhere maybe around llth street somewhere, where you
are in the core of what is today Overtown, but nothing has come to fruition.
Now, if it is not a doable thing, then I have to look at another area where
our community will benefit from this type of move by the City as a whole.
Now, if you come back here and say there is somebody, you know, there is
something in Overtown that's doable, but nothing came up in all these months,
then we have to move on to what's next best for our community as a whole, and
that's why we are looking at the 4400 Building, but my feeling...
(APPLAUSE)
Mayor Suarez: Please, please!
}
Mr. De Yurre: ... is unwavering. I still feel that the best bet, the best
benefit for the City of Miami would have been to do something in the Overtown >s-
area, but my feeling also is that it's not feasible, because nothing has come `
up. Nobody has stepped forward and said, we've got this ,for you
z
Rev. Dunn: OK, well, I am not going to...
Mayor Suarez: Reverend, you are going to finish the agenda that you have, and
I don't believe that one was in there, but you got your pop shot in, go ahead.
—_
Rev. Dunn: OR, but I am just saying, 4400 Biscayne, no disrespect to you, but
if you were compare, as you've already stated...
Mayor Suarez: Awfully close to your church, Reverend, I mean - getting...
Rev. Dunn: That's all right, I'm more concerned about Overtown!
Dr. Tom Ferguson: We don't want to deal with that.
Mayor Suarez: Doctor, we are going to hear you in due...
Rev. Dunn: Sir, he is not with us.
Mayor Suarez: We are doing to hear you in due...
`-
Dr. Ferguson: All right, we don't want to deal with that.
Mayor Suarez: You are out of order, Tom, we are going to...
Rev. Dunn: OR...
Unidentified Speaker: You are out of order, Tom.
Dr. Ferguson: He is out of order on Biscayne.
Rev. Dunn: But I am not out of order, Dr. Ferguson.
Mayor Suarez: We are going to hear you in due time.
Dr. Ferguson: Let's don't fight.
Rev. Dunn: I'm not fighting. I don't fight, I pray.
Mayor Suarez: OR, he is not out of order because he is here on the entire
item. Let's complete it, please, Reverend.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Tom, no more please, go ahead, Reverend, finish up.
s
Rev. Dunn: All right, let's go on to item three, and I'm going to at this
time, turn it over to Reverend Willie Simms and of course he just... but we
want to respond to, what is the date, update for district elections. Mr.
Mayor, I want to thank you, I really want to thank you. Let's give the Mayor
a hand, he's a good Mayor.
"
(APPLAUSE)
Mayor Suarez: Rev. Simms, did you see the report, do you have access to the
report that was delivered by the Charter Review Commission of the City?
Rev. Simms: Yes...
Mayor Suarez: Since we don't always follow the County's lead on certain
items, they've taken, I think six months and have yet to file a report. Our
committee took a month and filed a report today, and we haven't had time to
digest it, but it does include district elections for five Commissioners in
the recommendations, and we have scheduled today, I'm sorry, we've scheduled
today hearings to be held on July 13th and that will be at 6:00 P.M. and July
27th, and that will be in the morning, so we can catch both groups of people
to finally hear what we are going to do, put it on the ballot, as I think this,
Commission agreed to do for the November election. That's the shortest we can
possibly.do it.
Dr. Simms: OK,- Mr. Mayor and Commissioners, we have had access to the report
that you made reference to. We're very much concerned in that representatives
197 June 7` 1989
of our organization appeared before the Independent Review Panel that you all
instituted after the disturbances and one of the recommendations that we were
emphatic, the reference to is that whereas we were the ones that went on
record in requesting single member districting in an effort to increase our
representation from our communities, that we still oppose the strong Mayoral
type of government and we made that recommendation. Somebody ignored that and
went ahead and made the recommendation for strong Mayoral type government.
Therefore, under those pretenses we find that recommendation that you made
reference to totally unacceptable to us. We are vehemently opposed, we are
opposed to the fact that... and we are somewhat apprehensive, because of the
way things are being handled, and you have to understand throughout our
history, where we have been the recipients of devious behavior and
unscrupulous practices, is that we are concerned now, because we see everybody
jumping at the single member district issue and we just suspect that there are
some underhanded, conniving, low down, no good practices that are being
instituted.
(APPLAUSE)
Mayor Suarez: Please, please!
Rev. Simms: We are very much concerned that we would access to those City
officials, of their materials that they have when they look at making the
recommendation of mixed elections as far as single member districting where
there would be certain general positions and then certain ones allocated for
districts. We are concerned with who will divide or who would draw the
line...
Mayor Suarez: Well, then you haven't looked carefully at the report, because
includes a proposal, this is the first time in the history of City or County
that somebody actually puts in the one proposal a specific division, and it's
very interesting boundaries. You might want to look at them, Willie
Rev. Simms: OK, we saw the boundaries, but understand my first...
Mayor Suarez: I'm not saying the Commission will approve those, you know.
That's up to you to give us input and it's up to the Commission to act as to
what to put on the ballot.
Rev. Simms: OK, understand my first statement. My first- statement was the
fact that it started out with the recommendation of a strong Mayor, made us
apprehensive of the entire proposal.
Mayor Suarez: OK, let me give you a suggestion on that. There are some
people, including some on the committee, who felt, I spoke to one of the
members, who felt that by packing the two kinds of recommendations together,
it would have a better chance of passage. If you feel otherwise, make sure
that that is expressed to this Commission when we have hearings on that,
because I felt otherwise also, I thought they ought to be separate. Now, but
you discuss that with the members of the committee, if you want, among others,
Bill Perry, who I have discussed this with, but whatever you think is the best
strategy. I don't think that there is any underhandedness going on at all,
because we're, at least for myself, and I think the rest of the Commission.
Rev. Simms: Understand from our point of view, where you might be privy to
the information and we're not privy, when we give up our time...
Mayor Suarez: On that issue, I just... no, no, on that issue I just discussed p
it with some of the members of the committee, specifically with Bill Perry, as
to the packaging or nonpackaging. I have some ideas on it, but I don't want
to prejudice the Commission's deliberations on that. Give us your input on
those hearings as to whether we should split them or keep them together.
Rev. Simms: OK, what we'd like to do is to make certain that the hearings are
held in our community, where we have an opportunity for input during non-
working hours and that you don't bring...
Mayor Suarez: We set them. We set them for...
Rev. Simms: ... the final hearing down to City Hall and then make comments as
to where we are. We are in our communities where we live...
4
198
June .7, 1989
NEW
Mayor. Suarez: Well, we had...
Rev. Simms: ... and we have a problem with that.
-_ Mayor Suarez: We had hearings on that. I don't know that you testified or
didn't, but the final hearings before the Commission have been scheduled, and
will go on during non -working hours the first one, which is July 13th, 6:00 to
_ 9:00 p.m., right here so that we can get a valid item on the ballot. It's an
_ incredible amount of work that has gone into this, and I think everybody will
have an opportunity to come here as people have today for more than one issue.
Rev. Simms: OK, the only thing that we are saying is that we have facilities
that are available, namely, we have churches, we have halls in our community
that you are welcome to come to and...
Mayor Suarez: Oh, I'm sorry, you made an interesting point. On the second
hearing, we have to schedule the first right now, so that we don't pass up on
it. The second set of hearings, we have not scheduled the place and time. We
might go ahead and do those at a remote location, or a location in the
neighborhood in the community, also during non -working hours. I'd be in favor
of that, no problem with that.
Rev. Simms: OK, we'd love to, and the only thing we are asking is that you
make us available to the City planners, whomever will be... we know that there
is some lobbying, some heavy lobbying going on in terms of setting boundaries.
We're very much concerned. We don't want you to split Overtown and Liberty
City in a thousand different directions and divide our community and put us
with a community where we are never going to have the power.
(APPLAUSE)
Mayor Suarez: The only group that has met on this, we haven't had a blue
ribbon committee meeting for six months or anything. It has been group of
five people, one appointed by each of us, and you are welcome to meet with my
representative on that committee, as you are welcome to meet, I'm sure with
Bill Perry. You might not always agree with Bill Perry's view of it. He
happens to be here. My representative may also be here. He is attorney Joe
Portuondo and I think you'll find his ideas quite acceptable, but that's the
only thing that's been going on, just theoretically looking at the problem,
trying to make the City function and a proposal made already to the
Commission. That doesn't mean that it's the best proposal. You might want tv�=
propose changes there.
Rev. Simms: OK, we definitely would like to make proposals. What we are
concerned about is the fact that already you've scheduled a date for the
election for this issue to appear.
Mayor Suarez: It would November 7th, the election itself, the referendum. We
want to make it on a general election so as many people participate as
possible. We think that is a fair way to do it.
Rev. Simms: OK, we're concerned also with...
Mayor Suarez: I mean it hasn't been put yet into the final form, but that's
what the Commission indicated at one point.
Rev. Simms: OK, we are also concerned and I'm not certain why, but it seems
as if some referendums always sound different from what you are voting for.
The trick is...
Mayor Suarez: Yes, when you vote yes, it sounds no. When you vote no, it
sounds yes.
Rev. Simms: Right. Now, we are concerned with the language that's used.
Mayor Suarez: This one shouldn't have that problem, this one shouldn't have
that problem. It may have a problem of complexity, because we are asking to
change the Charter, which involves... for example, if you have single member
districts, you have to decide when they start happening, how you stagger them
in, if you keep a hybrid system with that large, and single member, etc., and
it is not the simplest thing, but at least, if you vote yes, it will be yes,
and if. you vote no, it will be no, I can assure you of that.
199 Jurie 7, 1989
I
Rev. Simms: OK, then we are just concerned that we will be informed, and I
understand that you got consultants and what have you that's making
recommendations on this issue, but...
��
Mayor Suarez: No consultants that I am aware of.
Rev. Simms: ... we'd like for you to deal with us and get the recommendations
from us. The one thing that we are concerned about, is that we came public to
request single member districting and the entire Commission voted in favor of
it, and we don't want to walk away with a muddy face because everybody jumped
on it with the idea that it is going to be implemented in such a harsh way
_=
that we'll come out smelling like a skunk in the deal.
Mayor Suarez: OR, that's a good point too. If you have objections to
anything that implies an increase in the salaries of anybody here, could hurt
the chances of the whole thing, make sure you state that, but Willie, we've
had hearings, including some in Edison, I don't know if you were present at
those, and we intend to have...
Rev. Simms: We were present there, yes.
Mayor Suarez: And we intend to have two more sets of hearings. Frankly,
-_
there was not much participation and so, you know, at this juncture, it is
unfair to carry on discussion, because we are going to have the two final sets
of hearings. You are also welcome to meet with the committee members,
including one who happens to be here and any of the other ones. I'll make
sure that my committee...
Mr. Dawkins: Who hired the consultants, Mr. Mayor?
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: Who hired a consultant?
Mayor Suarez: We didn't hire a consultant.
Mr. Dawkins: Rev. Simms said we have a consultant, and I need to know who it
is and who hired him?
Mr. Odio: I.was.not instructed to hire a consultant. The City Attorney has
handled it.
Mr. Dawkins: You don't have... did the committee hire one? We don't have
one?
Mayor Suarez: No consultant. It's all been volunteer work and they've worked'
awfully hard.
Rev. Simms: OR, then we would just like to have be j privy to that information
and what we'd like to do, we appreciate this opportunity to stand here and
address these and I must say, that the City Manager, Mr. Odio, did extend
himself and his office on numerous occasions to us to meet with him. We have
not done that and it's our fault. We would love the opportunity to sit down
with staff and go over all of these recommendations and work them out as
opposed to just a verbal showcase as this. We are serious about these issues.
I'm fed up...
Mayor Suarez: Let me get to that procedure, Willie.
Rev. Simms: OR.
Mayor Suarez: Because I don't think any other government has ever been so
-
flexible in trying to take public input. What about a workshop, Mr. Manager?
When would it make sense to schedule in all the items in that agenda?
Mr. Odio: On which issue, the districting?
Mayor Suarez: On the whole agenda.
Mr. Odio: Or on this agenda? Any...
200 Junes 7, 1.989,
Mayor Suarez: No, no, on districting we know when the hearings are going to
be on the entire agenda that Willie's referring to.
Mr. Odio: They are welcome to meet with us at any time with whoever they want
from my staff to address the issue.
Mayor Suarez: But why don't you announce, why don't you think it over or
announce the time that we are going to have a workshop in the COW room here,
the Committee of the Whole room, or....
Mr. Odio: Is it a workshop? I'd rather have private meetings or meeting
who...
Mayor Suarez: Well, it may not be so private if enough people come to them.
Mr. Odio: No, but I mean, I don't mean by that, but having a whole crowd is
not going to achieve much. I think if they want to...
Mayor Suarez: Well, if a lot of people want to come to a workshop, they come
to a workshop. Sometimes they have workshops and not that people come to them.
Rev. Simms: What we'd like to have is a private meeting with our
representatives that we select and make those available.
Mayor Suarez: OK, then the easiest thing is for you to go ahead and meet with
the Manager right now and work that out.
Rev. Simms: OK.
Mayor Suarez: Thank you.
Rev. Simms: Thank you.
Mayor Suarez: Thank you, Reverend Dunn, thank you, all ministers. We are
going to have to move onto the next item, we've taken an hour and twenty-four
minutes on this.
Ms. Lori Weldon: Excuse me, we have just one more.
Mayor Suarez: Reverend Weldon.
Ms. Weldon: Ha ha, not Reverend Weldon. We have one more concern on the
agenda. Two? OK, two more concerns. OK, my topic was economics and oh, for
the record, Lori Weldon, 160 NW 44th Street. OK, we'd like to know what
contracts have blacks gotten out of public service since February. As I
stated before, we had seen a lot of work going on in the black community
without blacks being on the work site. I realize you cannot force...
Mayor Suarez: Let me see if we have an answer to that before we...
Mr. Odio: Yes, as a matter of fact we do and I tell you something, Lori, if
you would, if you turn to page 10 of this report, because it goes from page 10
through...
Mayor Suarez: And of course, you just got that, so you can't expect to digest
in...
Mr. Odio: And you know, I am sorry that we came out so late. It took this
many hours to put this together, but we wanted to be accurate and this is
since February, by the way and you have consultant services listed here and
who got the contracts, and you also have the professional services, who got
the contracts, construction contracts, and these are all black, by the way.
Construction contracts, and now many dollars and who got it, and also goods
and services, exceeding $2,500, so we have had a very, very strong three
months, and you can go through this, or do you want me to put them on the
record? I'll be glad to.
Ms. Weldon: OK, I'm seeing, not yet determined on two. Are these two, Magic
City Electric... Sun Contract is a black contractor.
Mr. Odio: Where is this?
201
Ms. Weldon: This is page eleven, B3 on the Parks and Recreation.
Mr. Odio: Yes.
Ms. Weldon: OK, Minority Systems Incorporated... plumbing contract is a black �=
owned business? �-
Mr. Odio: Yes, these are all black.
e
Ms. Weldon: OK, and you are telling me the amounts
have not
been determined,
but the bottom line will be $1,000,000 between the two
of the
contracts...
w
Mr. Odio: $1,000,000 was assigned to minority...
e
Mayor Suarez: Between now and the workshop, Mr.
Manager, could attach the
numbers to do with this?
Mr. Odio: But the specific answer to that - Range Pool,
$1,000,000 was =_
allocated to black contractors.
EN
=-
Mayor Suarez: But that's one, I mean, she wanted
that to all of them. I'm
sure we can find the numbers.
-_
Ms. Weldon: OK, another thing, on these projects,
I realize
they are multi-
ME
million dollar projects, so therefore I would think
that some
of these numbers
ME
are a bit low for the percentage of what work is to
be done.
Mr. Odio: Well, no they are not, for instance...
Ms. Weldon: $25,000, $65,000?
Mr. Odio: Excuse me, on the public...
Ms. Weldon: That is at Ocean Services...
Mr. Odio: Excuse me, you said something, let me answer. Coconut Grove
Exhibition expansion was $3,500,000 and of that, you received $161,000,
$25,000, $65,000, $760,000, and $580,000, so that is substantial. That was a =_
substantial amount of contracts that was issued to black contractors right
here in Coconut Grove Exhibition Center, next door. -
Ms. Weldon: OK, I'd like to know what percentage of... well, we know they are :.
black contractors, but out of the total pie, what percentage is black?
Mr. Odio: Oh, you mean on this...
Ms. Weldon: Yes, 17, 14, 33...
Mr. Odio: On all of these services?
Ms. Weldon: Yes.
Mr. Odio: I would have to add that up.
a
t
Ms. Weldon: I'm just saying as far as contracts procured from the City of
Miami.
r
Mr. Plummer: I can give you that figure, we have that figure.
E_
Ms. Weldon: OK, another thing. These projects you have here...
Mayor Suarez: Well., you said two things, you are up to about to about four -
now. Come on, please wrap up.
Ms. Weldon: I'm going A, B, C, D, you know.
Mayor Suarez: Wrap up, please, Ms. Weldon.
Ms. Weldon: I'd like to know, as I was saying all these projects look fine on
paper, but we all know that they have been multi -million dollar projects such
as Bayfront, Bayside, the Arena, in your deliberation of a symphony hall, we'd
like.to know when you will have such a major, we are talking two digit million =
dollar number project in the black community.
202 June 7, 1989
Mr. Odio: Wait, wait, you are deviating from your original question that we
had, but...
Mayor Suarez: Wait, wait, Mr. Manager, let me just answer on that.
Mr. Odio: OK.
RE Ms. Weldon No, no, no, it's all economics.
Mayor Suarez: Ms. Weldon on... were you talking about a performing arts
facility?
Ms. Weldon: Yes.
Mayor Suarez: That is right now totally speculative. We would love to see
one built in the City of Miami, particularly if someone has a lot money to
build it with, because we don't, so don't...
Ms. Weldon: OK, well, what is not speculative is...
Mayor Suarez: And of course, you'd like it to be built in the City of Miami,
of course, because then hopefully we can then get a little bit more of the
share of the contracts and at the same time, at least have the spill -over
effect of a performing arts facility in terms of jobs be in the City, but
right now we don't have a penny allotted to that that I am aware of.
Ms. Weldon: OK, what is not speculative is a $34,000,000 Bayfront Park...
Mr. Odio: $30,000,000 Lori, and...
Ms. Weldon: Bayside.
Mr. Odio: ... you are involved in that project and you know...
Ms. Weldon: Oh boy, do I know!
Mr. Odio: Let me finish. You know very well that because of Commissioner
Dawkins' actions, that no contracts were issued in that park that have no
minority participation in it.
Ms. Weldon: But there is a difference, Mr. Odio, between giving Bayfront
$8,000,000 and splitting $8,000,000 between the rest of the City parks.
Mayor Suarez: Ms. Weldon...
Mr. Odio: I am saying in the work performed...
Mayor Suarez: ... the Bayfront Park... Mr. Manager, please!
Ms. Weldon: OK, what I wanted to say...
Mayor Suarez: Bayfront Park was in fact, about a $30,000,000 project. I
think all of us who are here, if we had to do it all over again, would not
agree to that kind of a project.
Ms. Weldon: The bottom line I wanted to say was...
Mayor Suarez: There is one item left to decide and we would like your input
on that. In fact, we get your input whether we like it or not, because you
are on the trust, which is the issue of the south end of the park. 1 think I
appointed you to the trust, actually, I believe, you happened to be here that
day. But the south end of the park is still a major amount of money left to
spend, we might decide not to spend it and there are some people who got that
money from the Legislature who say that if we don't spend it to complete the
park in accordance with the design of Mr. Noguchi, that we lose the money.
If there are other important things that you think ought to be done with'that
money, if you don't think the park ought to .be completed in that way, then
make sure you give that input not only to us, but to the Legislators who feel
that way and who would otherwise take away the funding that we got for it. _
OK, wrap up, please.
203 June 7, 1989
Ms. Weldon: The question. I want to ask is, when will I be able to walk in my
neighborhood and see a multimillion dollar project, and I don't have to go
downtown or to Coconut Grove and such to see a spectacular shopping mall, to
see an arena (APPLAUSE) and to see a beautiful park, that's what I want to
know. That deals with economics also. I don't see why the black community
has to go out of this community to get the service that it needs when you make
it convenient for every other community to have the services it needs.
Downtown wanted a beautiful. park, you gave it to them without any problem. It
took three years for Range Pool to get under way and I hope it is being built
securely, I don't want to come back here in three years and say the pool is
falling apart. OR, let me wrap up.
Mr. Odio: The pool is being built. I promised you we will go swimming July
4th and we are going to do that. That's a $3,500,000 project that's being
built in five months. We also want to do Hadley Park with another Olympic
sized pool, that's another $3,000,000. That is $6,500,000 we are going to
spend in two parks because we are committed to that, and so is the Commission.
Mayor Suarez: Interestingly, because we got a $10,000,000 revenue bond issue
from the Bayside Project payment of rent to the City, which is an interesting
creative way of extracting from a downtown project if you will, monies to help
the neighborhoods. Final comments, Willie?
Mr. Willie Simms: Mr. Mayor and Manager, we just hope that when you open that
$3,000,000 pool, and the other one at Hadley Park, that you will leave it open
year around so nobody else will say blacks can't join the Fire Department
because they don't know how to swim.
Mayor Suarez: OR, thank you Lori, thank you Reverend Dunn, thank you Reverend
Dunn, thank you, Reverend Stark.
Ms. Weldon: Last point, we'd like to know how does the City plan to equally
plan to share the City's budget with the black community, because time after
time at budget hearings, I have...
Mayor Suarez: OR, Lori, I think on that one, when we have the budget
hearings, which we were about to schedule, you will see that any discretionary
funds we have are allocated very fairly. That's basically Community
Development Block Grant monies in the various neighborhoods. In fact, the
target areas have a very high proportion of black residents, so... In non —
discretionary parts of the City, we have to fix all the streets, we have to
put out all the fires, we have to you know, regardless of race, color or
creed, obviously, or sexual...
Mr. Hardeman: Mr. Mayor, this will be the final item, with all due respect,_
we promise you that, but something that is very, very dear to me, that is the
Office of Professional Compliance. The whole issue of civilian review is
something I think that has got us all together here. Police brutality is the
_
issue. We wouldn't be here today if the issue of police brutality was solved
and I am of the opinion that police brutality would never, I repeat, would
never go away as long as we have this nonsense of policemen reviewing
-
policemen. Now, Miami was in the forefront in the nation when it comes to
innovative ideas pertaining to civilian review, but here recently, the Office
of Professional Compliance has been rendered impotent, you know, for lack of a
better word, I'll say impotent. It has been rendered impotent by the fact
that some legal opinion was drawn that withdraws all of it's investigative and
monitoring power. ,This type of politicizing of such an issue cannot be
tolerated. First of all, it has been proposed, I think by, not, has been
passed by this Commission, that the Police Chief appoints the director of the
Civilian Review. Now, that makes no sense whatsoever. I applaud the
Commission, or the City Manager. I understand the City Manager has withdrawn
that item...
Mr. Odio: Well, let me explain what... Commissioner Dawkins and I talked the
other night that we were here listening to your presentation.
Mr. Hardeman: OK.
Mr. Odio: It was decided then that we should pull this item, that we should
have a workshop, a specific workshop on OPC to get input in from every side
and then see how we can change some law because as he said very well the other
day, we have State statutes that are getting in the way so we need to work,
204 June 7, 1989
we need to get something better. I agree with you though that the way OPC is
now presented, or has been working in the past is not effective for what you
want.
Mr. Hardeman: OK, so what, are we going to set up a workshop, has it been set
up?
Mr. Odio: Maybe in the meeting that we are talking about, we can get some
input, but besides that, we will have a definite workshop on professional
compliance, on the Office of Professional...
Mayor Suarez: I would suggest, as to myself, a meeting on that particular
issue, the two of us and anyone else that wants to come. I have some ideas,
as I've explained to you, and to you Larry, on an independent review board
that really is totally independent. I agree with the police on many issues,
that's one that we don't agree on, obviously and the police union. And it
depends a lot on whether we have the clout on this Commission to get that
through.
Mr. Hardeman: Thank you.
Rev. Simms: That's fine, thank you.
Mayor Suarez: Thank you. Thank you, Reverend Simms, I see you getting wound
up there and...
Rev. Simms: No, just wanted to put some closure on it to...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, he is just going to... closing statement,
closing statement, these are very important issues to the City that we have
been struggling with and wrestling with, grappling with. Please, please.
Ms. Mary Hill: I would like to speak on that issue, when they finish.
Mayor Suarez: Please, we heard your item out of turn. Out of respect for
you, we heard your item out of...
Ms. Hill: I would like to speak. You have a set agenda by your chosen few.
Rev. Simms: Please, Mr. Mayor and Commissioners...
Mayor Suarez: This item was duly scheduled. The 4400 Biscayne Item was
supposed to be in the morning, we are going to hear it in the afternoon.
Ms. Hill: Yeah, but we have something to say, too.
Mayor Suarez: Please, please!
Rev. Simms: Mr. Mayor and Commissioners, we are very appreciative to the time
that you have allotted and to the response that you have given to this group,
the Concerned Citizens, the Coalition of Greater Miami. We look forward to
meeting with the Manager and to the Commissioners in the future, and we
applaud the way that you have handled our coming. You did not treat us like
another government that we went to that closed off the streets and sealed off
the streets as if we were rioters and rock throwers. We thank you today and
we want to go on record to saying that we applaud your attentiveness to our
issue. May God bless youl And we are through.
(APPLAUSE)
Ms. Mary Hill: May I say a few words?
Mayor Suarez: I don't even know the number of the item. We've finished that
discussion, Ma'am.
Ms. Hill: No, this is not that discussion, this is this discussion. Sir, I
am speaking from public law 92424, law 91972, public law 11278. These issues
that we have here today were discussed way back on the first law.
205
a -- —
Mayor Suarez: Oh, I remember meeting with you on those, yes. We didn't quite
agree on...
i
Ms. Hill: Sir, may I finish? It takes a second, just give me a second,
because I am supposed to be... �_
e
Mayor Suarez: But Ma'am, Ma'am...
Ms. Hill: Just one second.
Mayor Suarez: We have an agenda item.
Ms. Hill: The Fire Department, Chief A.. and not only the Fire Department, the
Police Department was not in promotions when I spoke on these issues in 1965.
We are still in the same spot now as when we addressed these issues...
Mayor Suarez: OK, thank you. I understand, you showed that to me at my
�•
office one time. OK.
Ms. Hill: (OFF MIKE, INAUDIBLE) ... black area ... constitutional law and �_
guidelines that we have the authority. This way, we are publishing new law as
to what we were doing through all of our lives.
s
Mayor Suarez: OK, Ma'am, thank you for your statement. Put your name on the
record please, so we have that.
Ms. Hill: All right, thank you.
Mayor Suarez: All right.
------------------------------------------------------------------------------
76. DISCUSSION CONCERNING ONGOING NEGOTIATIONS FOR THE LEASING OF A BUILDING
LOCATED AT 4400 BISCAYNE BOULEVARD.
—_
------•------------------------------------------------------------------------
Mayor Suarez: OK, I don't even know what the number of the item is, but 4400
Biscayne Boulevard seems to be the order of the day, and the Manager is going
to report back to us as soon as we can clear the Chambers a little bit. Now,
_
_-
We're going to hear from the Manager on his recommendation and how much of an
analysis he's been able to complete. We take the opportunity, we already
recognized Mayor Courtney from Miami Shores, and we have Representative Elaine
Bloom - God knows what her interest might be in this item.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, please. That's only detracting frota our
ability to deal with the issue, and if it gets out of hand at some point, we
may have to declare somebody out of order and remove them. OK, Mr. Manager.
Mr. Odio: Mr. Mayor, I have met three times with the owner and some other F
representatives. On June 1st, they brought me a proposal in writing which I
am not able to recommend at this time on this option to buy because, as we
have done in many other times, everytime we go out to buy properties in the
case of 69th Street and Camillus House and others, we always required two
appraisals, so that we can determine the value of the property we're buying. $
The meeting was on June 1st at 10:30 in the morning and immediately after the -_
meeting, I took upon myself, since I had no Commission authority - I really
should have waited for Commission action today authorizing me to go out on
appraisals - I don't have authority to do that, but yet I took upon myself ;$=
considering that I had to give you... {-
Mayor Suarez: Well, you do it within your discretionary amount and the
charter... 3
Mr. Odio: No, it was not in my discretionary. It's above $4,500. It stands
out...
Mr. Plummer: No, that's going to be above that.
Mayor Suarez: How much is the appraisal going to cost you?
206 June 7, 1989
Mr. Odio: It's about $10,000 per appraisal.
Mayor Suarez: Per appraisal?
Mr. Odio: That's right and...
Mayor Suarez: Well, we thought you'd contribute the other $5,500, you know,
from your...
Mr. Odio: Yes, sure, from my...
Mr. Plummer: Yes, but you got to have two.
Mr. Odio: But, I decided that since this was an issue that...
Mayor Suarez: OK.
Mr. Odio: ... you wanted some answers, to go ahead and order the appraisals
anyway and then bring it for your approval after the fact.
Mayor Suarez: OK, we hear....
Mr. Odio: The problem with that is that I ordered it through GSA as is normal
procedures, that it would take for the appraisals and that's the latest word I
got yesterday that the earliest we can have an appraisal is June 30th. And
there's nothing I can do about that, it's an independent appraisal...
Mayor Suarez: Please.
UNIDENTIFIED SPEAKER: Too long.
Mr. Odio: And, without the appraisal, I'm not and I cannot recommend to you
what the option to buy - it's a good price or not, I don't know.
Mayor Suarez: Mr. Manager, you are also negotiating a long term lease...
Mr. Odio: Yes.
Mayor Suarez: What is the final bottom line offer that you have been able to
obtain from the owners of this building?
Mr. Odio: I'll explain it. The first four years is free rent. The next year
and a half, and I can stand corrected, my memory's not that good - it's $10.00
a square foot, or a million five every year.
Mayor Suarez: What is an estimate of the savings for four year's free rent?
Mr. Odio: And, if you wait, and I'll lose my...
Mayor Suarez: No, go ahead, go ahead, I'm sorry.
Mr. Odio: And the...
Mayor Suarez: It goes up to how much, I'm sorry, after four years?
Mr. Odio: It goes up to $10.00 a square foot.
Mayor Suarez: For how many years?
Mr. Odio: For a year and a half. 5=
Mayor Suarez: No escalation at that point?
;i
Mr. Odio: No escalation. After that, it goes to $18.50 a square foot with an -
escalation clause according to the cost of living.
Mr. Plummer: Does that include the taxes?
Mr. Odio: That incl... no. Now, let me get to that. That is the...
Mayor Suarez: It's based on inflation, not on actual costs?
207
Mr. Odio: Now, that's based on inflation...
Mayor Suarez: The escalation clause?
Mr. Odio: Correct. And it goes according to that clause. However, as part
of this lease, and by the way, we received a copy of the lease yesterday and
the City Attorney tells me there are 30 items on the lease that he could not
accept and that - he can address that later. And that it would be subject to
negotiations on...
Mayor Suarez: Well, they're probably, as lawyers go, a million things that
specifically, in detail...
Mr. Odio: Right.
Mayor Suarez: ... would not be acceptable. If we stick to the essential
elements, later we can always...
Mr. Odio: Well, OK, let me speak to financial aspect which is all that I was
asked to do. The lease, as it stands, then it includes that we pay all the
operating expenses of the building plus county taxes and school board taxes
and the City taxes, of course, we would have to pay and then get reimbursed,
but I don't count that in to the... that means that...
Mr. Plummer: Wait, wait, how can you make a determination of a square footage
cost without adding that to it?
Mr. Odio: Well...
Mr. Plummer: It's all part and parcel of what it costs the City to operate.
Mr. Odio: Commissioner, we can... it's $350,000 a year on the City taxes, but
let me give you the figures that I have and then you can - we can always do
that. So, what happened is that - yes, we have zero rent, but the operating
expenses that I have from the owner is a million, two hundred thousand a year,
including the taxes; including the taxes that we have to pay the school
board - and that's the piece of paper we have around here somewhere, and I can
give you the copy of it. So what happens is, when you take - and then they
took, in the last proposal, the million and a half dollars we would get in
cash to renovate the building was taken out. So, the net or the bottom line
of this is that if you take the 25 year lease, and the lease went from 20
years to 25 years as first proposed. When you take the first, the 25 years,
and you add the operating expenses, taxes, and the cost per square foot of the
rent of the building, comes out to $31.64 a square foot. That is the cost to
the City.
Mayor Suarez: Well, you know the operating - with all due respect - the
operating expenses would be true of any building we...
Mr. Odio: No, sir, it is not and that's why I want to... no, no...
Mayor Suarez: Well, if we... please...
(Applause)
Mr. Odio: No, sir, no, sir...
Mayor Suarez: If we're comparing it to a building that we constructed
ourselves, the taxes wouldn't be a factor because we wouldn't collect those
and the operating expenses we have to have are also...
Mr. Odio: Mr. Mayor, if I may. If you compare leases that we now have and...
Mayor Suarez: They absorb operating expenses?
i
i
Mr. Odio: We don't pay any operating expenses. And not only that, the
building that we're leasing in...
Mayor Suarez: But, see, that's the problem. Half the time, we're comparing
to a new construction and half the time, we're comparing the leases, OK.
Mr. Odio: If you compared leases to leases, the highest lease that we pay is
$20.00 a square foot taking out the DDA which is not in our privy - and that
covers every single expense of the building, plus the building is paying taxes
to the school board, to the county and to us. So that's why - lease to lease,
there's no way that I could recommend this lease because of operating
expenses, taxes, etcetera. Now, as far as the purchase of the building, the
option goes that we pay now, if we decide to buy, $17,750,000, and if we
choose to wait a year and a half, it would go up too, because of the inflation
costs they have in there, I think they call inflation would be, if we bought
it a year and a half from now, it would go up to $19,930,000.
Mayor Suarez: And if we exercise it immediately, it would be?
Mr. Odio: It would be $17,750,000. Is that a good price? I don't know.
Mayor Suarez: For myself and just in the effort to have a little bit more
simplicity here, if I was going to be involved in approving anything and I
don't mean today, but at some other time, for myself, it would not be able to
have an option that would escalate. The option would have to be a fixed value
for "X" amount of time, keeping in mind that this building has been unoccupied
for quite sometime so... And all that does is just really, Mr. Kadish, all
that does really is confuse the proceedings. We need to know a value for a
certain period of time and that would be a nice simple option for us to absorb
and consider. That's my view.
Mr. Odio: So, that's why...
Mr. Dawkins: Can I get some clarification before you go on, Mr. Manager?
Mr. Odio: Yes, sir.
Mr. Dawkins: Are we talking about moving City Hall to the 4400 Building or
are we talking about moving to the 4400 Building and renting office space?
Mr. Odio: We are... we will have to follow...
Mr. Dawkins: Now, I am the only one sitting here who said that when we move
to the 4400 Building, my office moves with me.
(Applause)
Mayor Suarez: Please.
Mr. Dawkins: Now, if you're talking about moving City Hall up there, then
that's what we should do, then I need to know now, before I go any farther,
how many more City Commissioners up here plan to move from here to the 4400
Building?
(Applause and cheering)
Mayor Suarez: Please, please, please... We're on the record already, and
I'll tell you that I don't agree with that. I think it would be costly to the
City of Miami to build a whole new Commission Chambers. I respect my fellow
Commissioner that he would like to move his office. I would want the office
of the Mayor to be in the same building as the Commission Chambers, and I
would hate to propose that this building have a whole new Commission Chambers
built. I think the two should be together and for myself, I would want to
keep City Hall here. This is the most accessible, fully...
(No's from the audience)
Mayor Suarez: Please. This is the most accessible place that I've seen in
all of Dade County in terms of getting to it and parking...
(No's from the audience)
209 June 7, 1989
Mayor Suarez: ... please, please, and parking which it has an incredible
amount of area, and I just believe that building Commission Chambers would and
up costing you, as taxpayers, an inordinate amount of money, and I don't know
what the County's Commission Chambers cost, but if you haven't seen them, go
take a look at them and just guess, for yourself, how much they cost. I think
the City's is fully paid, it's kind of a quaint building, and I think that the
office of the legislators should be here. Now, if we had some other kind of a
system and the Mayor was an administrative Mayor and if I was that Mayor, I'd
want my office to be in this administration building, if, indeed, we build it
there. But for the legislators, it should be as close to the Commission
Chambers as possible, because it makes the most sense. Plus, this building is
extremely inexpensive, and I think it inures to the benefit of all Miamians to
keep it here. But that doesn't mean that we don't need a hundred and some
thousand square feet some place.
Mr. Dawkins: Open confession for number one. Open confession for number two.
Mayor Suarez: They've stated on the record...
Mr. Dawkins: No, I need it on the record now.
Mayor Suarez: But they can state it if they want.
Mr. Dawkins: Who else is going to move over there and who's going to stay
here?
Mr. Plummer: Well, I'll open confession number two, in nomine patri, fili,
santus, amen. I stay here, OK?
Mayor Suarez: You're not absolved.
Mr. Dawkins: OK, all right...
Mrs. Kennedy: Open confession number three. I think that this is a historic
building and should be kept up, so I don't want to gee a hotel or another
facility built here.
Mr. Dawkins: So you stay here.
Mayor Suarez: That's another little problem we've got. If we were to move
from here, what do we do with this building?
Mr. Dawkins: Commissioner De Yurre, Commissioner De Yurre...
Mr. De Yurre: I got a confession, bless me Father... I'm staying, I'm
staying.
Mr. Dawkins: OK, all right...
Mayor Suarez: He's about to sin.
Mr. Dawkins: Now, I'm going to tell all of you I am not about to vote to buy
another office building.
UNIDENTIFIED SPEAKER: Amen!
Mr. Dawkins: If we're sincere in moving City Hall to the 4400 Building, I'm
in favor of buying it and making it City Hall.
(Applause)
Mr. Dawkins:
But I'm not in favor
of buying a building and taking it and
keeping everything here which - that's
not what we started out to do.
■
Mayor Suarez:
Oh, by the...
i®
Mr. Dawkins: We started out and said
we were going to move City Hall to 4400.
See, OK?
Mayor Suarez:
Oh, by the way, since
I also said that the chief administrative
officer of the
City could very well
be located in a new location, I would be
in favor, and
this is no disrespect
to the existing Manager, I would be in
210
favor of the Manager's office being located in that new building and if the
citizens should approve - and that's not because I want to get rid of him, you
know, we meet once a day or twice a day sometimes, sometimes too many times a
day - actually, if by any chance we were to implement the proposal before the
City, we would end up with a total of nine Commissioners and that means that
we would need more space than this building, so that might work out real well.
Please, please, Michael. Cot some things to say later about Michael.
Mr. Plummer: Mr. Mayor, may I make two inquiries? First of all, I know that
the owner's son is here and I know legal counsel here. Is the owner here
present in the Chambers?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Say it into the mike, please, Mr....
Mr. Plummer: Are you or counsel empowered to make decisions in his behalf?
Pedro Martin Esq.: The owner is not in town right now. He is reachable and
we have certain parameters where we can make decisions and certain parameters
where we cannot make decisions.
Mr. Plummer: You have flexibility to negotiate?
Mr. Martin: Some flexibility.
Mr. Plummer: OK, second...
Mr. Martin: Otherwise, we may have to reach him.
Mr. Plummer: You are the counsel of record?
Mr. Martin: Yes, I am.
Mr. Plummer: For the record, your name.
Mr. Martin: My name is Pedro A. Martin, P-e-d-r-o, M-a-r-t-i-n, I'm an
attorney with the law firm of Baker and MacKenzie, offices at 701 Brickell
Avenue, 1600 suite, Miami, Florida.
Mr. Plummer: All right, may I ask you to stay at the mike and the owner's son
to come to the mike.
Mr. Martin: Certainly.
Mayor Suarez: Pedro, are you duly registered with the City and everything
else?
Mr. Martin: Yes, I am.
Mr. Plummer: Would you come to the microphone, please. For the record, would
you state your name?
Mr. William L. Kadish: My name is William Louis Kadish. I am a resident of
Florida and the owner's son, proud to say, the owner's son.
Mr. Plummer: All right, now, to resolve and put to rest, I hope once and for
all, I'm going to ask both of you a question on the record that I asked
R
before, but I want it on the record again. To your knowledge or to your
direction, there is absolutely no one being paid a commission in this -_
transaction.
Mr. Kadish: Shall I answer that? That is absolutely correct and that is why
we are able to afford four year's free rent to the City of Miami. -_
a=
Mr. Plummer: OK. The attorney, to your knowledge...
Mr. Martin: To my know...
Mr. Plummer: ... directly or indirectly, no one is receiving a commission in
this transaction.
211 June 7, IM
Mr. Martin: To my knowledge, that is correct, Commissioner.
Mr. Plummer: Thank you.
Mayor Suarez: OK.
(Applause)
Mayor Suarez: Let me ask a legal question. I made reference to Michael
before when we spoke out of turn, which is kind of typical of him, actually,
but one thing we did discuss is - because he reminded me that I had asked this
question, and if I did before, I'm sorry to ask it again, but I've got to be
absolutely sure. What, Mr. City Attorney, are the requirements for us first
acquiring a building if we chose to do that in terms of appraisals and so on
and any kind of competitive bidding and what for leasing a building for as
long as 25 years, which is I think is the latest proposal, right?
Mr. Martin: That's correct.
Mayor Suarez: Which, by the way, is a lot like buying a building. You lease
a building for 25 years, you're just about buying most of the value.
Mr. Alex Vilarello: With regard to the purchase of a building, there are - or
lease of a building - there's no legal requirements that we go out for bids or
requests for proposals concerning the purchase or the lease of the building.
There is no legal requirement that we do so.
Mayor Suarez: The idea of two appraisals, which we've engaged in before, it's
been mentioned before, stems from what notion? It doesn't apply here but I've
heard...
Mr. Vilarello: It's not a legal requirement but the Manager apparently...
Mayor Suarez: Just to be absolutely sure, right? And you would have, Mr.
Manager, an appraisal, at least one, by when?
Mr. Odio: Two, June 30th.
Mayor Suarez: Oh, you would have both by June 30th.
Mr. Odio: We want to have both by by June 30th.
Mayor Suarez: Two totally independent people, both appointed by yourself...
Mr. Odio: No, I never know who they are. They are MIAs, I really don't know
who they are at this point.
Mayor Suarez: One was from the owner? No, you selected two.
Mr. Odio: No, no, the owner did his own appraisal.
Mayor Suarez: What does that reflect for the...
Mr. Odio: Twenty-five million.
Mayor Suarez: OK. How about your two appraisers? How did you select them?
Mr. Odio: They were selected by GSA, by the register of MIAs.
Mayor Suarez: By your department head.
Mr. Odio: Yes.
Mayor Suarez: How did he select the appraisers?
Mr. Odio: You'll have to ask him, Ron.
Mayor Suarez: Just go down a list and kind of like wherever your finger ended
Mr. Ron Williams: Not quite, Mr. Mayor. We asked appraisers to respond to us
based on two factors, cost of the appraisal to perform the appraisal work and.
expedience.
212
June 7, 1989
Mayor Suarez: Who are the two appraisers that you've chosen? Shall we not
say who they are?
Mr. Vilarello: Well, Mr. Mayor, you can say it. Whether you want to say it
or not.
Mayor Suarez: Should we not say who they are?
Mr. Vilarello: That...
Mayor Suarez: Please, please.
Mr. Vilarello: That's not a legal question, Mr. Mayor.
Mayor Suarez: Well, policy question, should we not say who they are?
Mr. Odio% Lee H. Waronker, MIA, Waronker and Associates...
Mayor Suarez: I guess he's answering my question, isn't he?
Mr. Martin: Excuse me, can you...
Mr. Odio: ... and Stephen M. Cantwell, MII, Investors Research Associates.
Mayor Suarez: OK, the Miami Herald would have gotten it anyhow if they wanted
It.
Mr. De Yurre: Let me...
Mr. Odio: They're right here.
Mayor Suarez: So would anybody else in the public records.
Mr. De Yurre: Let me ask a question on the appraisal end of it.
Mayor Suarez: Miami Today.
Mr. De Yurre: Is the appraisal going to be based on the building being
occupied?
Mr. Martin: As is.
Mr. De Yurre: Well, you know, it doesn't make sense, because if we're going
to have an option on the building, obviously we would be occupying it.
Mr. Odio: No, we didn't go into the problem of option or if we have to make
an offer right now. Is the building worth $17,750,000? - and that's the
question that we asked.
Mr. De Yurre: Well, you have to understand that...
Mr. Odio: Because I wouldn't recommend the option because then the building
you're talking about $20 million dollars. So...
Mayor Suarez: No, I don't think the buildings are usually appraised on the
basis of whether they're occupied or not unless they happen to be occupied,
but the issue of a long term lease is taken into account because that could be
a very valuable lease or a very bad lease and, in this case, neither one
applies. They've got to just appraise the building.
Mr. Odio: But, I cannot...
Mr. Plummer: Well, you know, let's put it all on the record. OK? The owner
paid, I think, $13.2 was that what it was?
Mr. Odio: Thirteen point twenty-five, two hundred and fifty.
Mr. Plummer: Thirteen what?
Mr. Odio: Thirteen point two hundred and fifty....
213
Mr. Plummer: All right, thirteen whatever and I think the record will, reflect
that the owner went before the Tax Equalization Board claiming that that
figure was way too high, that his assessment was completely out of line and he
asked for a reduction of 13.2. So, let's understand that numbers don't lie -
you know the old story. I hate to...
Mayor Suarez: What year was that? For what year was that for the assessment?
Mr. Plummer: I think it was two years ago or a year and a half ago which he
asked that the 13.2 is not a right figure, that it was much too high and he
appealed that...
Mr. Odio: In 1989.
Mr. Plummer: Excuse me?
Mr. Odio: This was done in 1989.
Mr. Plummer: Eighty-nine. OK.
Mayor Suarez: It's also a fair statement to make that most buildings are not
appraised at very highest value...
Mr. Plummer: Well, Mr. Mayor, you know...
Mayor Suarez: ... although they're supposed to be but...
Mr. Plummer: ... if the owner himself felt that the 13.2 was too high, I want
to say I agree with the owner.
Mayor Suarez: Owners always try to...
Mr. Plummer: And I don't blame him. Hey, all is fair in love and war. I
hate to ask a very simple question, but somebody's got to ask it somewhere
along the line. Mr. Manger, where are we going to get the money?
Mr. Odio: I was not asked to find the money. I was asked to analyze this
deal.
(Laughter)
Mayor Suarez: You'd better give him absolution at this point.
Mrs. Kennedy: Thanks a lot.
Mr. Plummer: No, I want an answer.
Mr. De Yurre: Mr. Mayor, I'd like to find...
Mayor Suarez: Mr. Vice...
Mr. Odio: I got to learn to be a politician here.
Mr. Plummer: No, I want an answer.
Mayor Suarez: Well, he's going to ask him and then, Mr. Vice Mayor.
Mr. Plummer: I want an answer.
Mr. De Yurre: Revenue bonds, that's where you're going to get it.
Mr. Odio: I said it.
Mr. Plummer: I mean, we might be talking about nothing here if, in fact, the
money is not available.
k
i
Mayor Suarez: Well, now, we all understood if we're paying a million eight a a
year, whatever it is, for all this space that would be consolidated you
presumably could...
Mr. Odio: On the serious side, there's a report, Mr. Mayor, that you should
have that is important, that you see.
214
OR
LA
J
Mayor Suarez: There's a lot of reports that I should have...
Mr. Odio: No, no this went today.
Mayor Suarez: ... but all I was going to simplify your answer by saying, if
we're paying $1.8 million a year for space and you bond that out of...
Mr. Odio: I'm not going to simplify my answer because it is not...
Mayor Suarez: How much are we paying for the space that would be consolidated
into this facility, Mr. Manager?
Mr. Odio: We have a financial consultant out of California that...
Mayor Suarez: Mr. Manager, it's a very simple question, it doesn't need a
financial consultant. How much are we paying now for the space that, on a
yearly basis?
Mr. Odio: A million... excluding DDA, which we don't pay, it's a million five
a year.
Mayor Suarez: A million five bonds out to.,.
Mr. Jim Angleton: Yes, but you have your attorney down there too.
UNIDENTIFIED SPEAKER: The attorneys supposed to come in with another offer.
Mr. De Yurre: Fifteen million.
Mr. Odio: It's not that...
Mayor Suarez: ... fifteen to 17, 18 million.
Mr. Plummer: No, fifteen.
Mayor Suarez: No...
Mr. Plummer: Multiplier of ten is a hell of a multiplier.
Mrs. Kennedy: Yes.
Mayor Suarez: It could be higher than that.
Mr. Plummer: Huh?
Mayor Suarez: It could be higher than that.
Mr. Odio: We did...
Mayor Suarez: It depends on the discount rate.
Mr. Odio: Well, we do have a study that was prepared that tells you how we
can finance a building, so that we have advanced that.
Mr. De Yurre: OK, so there's a way of paying for this building.
Mayor Suarez: We've had a lot of studies prepared on financing a lot of
things that haven't worked out but...
Mr. Odio: Yes.
Mr. De Yurre: OK. Mr. Martin, the appraisal that you have, is that taking
into consideration it being fully leased or is that based on as it is right
now?
Mr. Martin: OK, I have the appraiser here with me. What I'd like to tell you
is that the appraisal of the building, this building was designed for a single
Im
user - which was Key Pharmaceutical Corporation. Key Pharmaceutical was
bought out by a bigger company and they moved their headquarters to New York.
_ Now, the building is perfect for a single tenant. My client owns,a lot of
property throughout 42 states in the U.S. and most of them are single tenant
215 June 7, 1989
type properties, K-Marts, Winn-Di.xie's, those kind of tenants. He believes
that this building is a beautiful building, it's a work of art and he wants to
lease it or sell it to a single tenant, a single user. OK? So it would seem
to me that the appraisal has taken the position that the highest and best use
for this building is a single user. Now, in talking about that, he had taken
into account that if you count from today on, that building could over 3 years
stay empty, then finally you lease it out to that single user, and that's what
he used in his studies for the $25 million dollars minimum he came up with. I
would like him to come up right now, since you got into the appraisal right
away, and answer whatever issues you have in connection with the appraiser...
Mr. De Yurre: No...
Mr. Martin: ... because he is an MAI appraiser and he's been an appraiser for
many, many years.
Mr. De Yurre: Bring him up.
Mr. Martin: Mr. McKurty.
® Mayor Suarez: Mr. Vice Mayor, before he gets into that, let me just make a
remark following up on Commissioner Plummer's point and this is purely a
technical point. If I'm wrong, Mr. City Attorney, Mr. Finance Director,
whoever, correct me. We do have a technical problem, purchasing a building
s based on a savings that I calculated before is giving you the wrong impression
because we could not issue revenue bonds without voter approval. To issue the
kinds of bonds that we would have to issue in that situation, they would be GO
(general obligation) bonds and they would require voter approval because we
cannot issue revenue bonds based on a savings. A savings is not a revenue.
So, that doesn't mean we can't do it. We would have to find an equivalent
source of yearly revenues, a stream of revenues, as they're called, that we
e® could substitute for the savings of a million and a half. But they would take
some creative financing, we've done some of that in the past. It does kind of
make the City - put the City in a higher position of indebtedness which is
something that some of us have been concerned about in the past. On the other
hand, it would save a million and a half a year, not to mention the escalation
=_ of that over time. I'm sorry, go ahead, Mr. appraiser. Give us the name and
address, please.
Mr. John McKurty: My name is John McKurty, I'm an MAI appraiser. My home
office and residence are located in Boca Raton, Florida.
Mr. De Yurre: OK, could you please explain how you came about the figure that
you have in your report?
Mr. McKurty: The purpose of the appraisal was to estimate the market value
assuming the single tenant years the buildings been designed, I think the
highest and best use, in my opinion, is that a single tenant could maximize
the utility of the structure based on its design and configuration. The
assumption is that the tenant, single tenant, would be in the building for a
20-year lease using market rental rates, market terms. So it's the value of
the building assuming that the building is occupied.
Mr. De Yurre: What, in your expert opinion, and I guess you've studied the
building so maybe you can give us a pretty good estimate, would be the value
of it as it stands right now?
Mr. McKurty: As is, without a single tenant, becomes difficult to estimate
FF
because the buildings either a hundred percent vacant or a hundred percent
full. To try and anticipate when a tenant would move in becomes a difficult
prognosis, it's not like a multitenant building. It may be partially full
where you can project up the absorption of the rest of the space and come up
with a number. '-
r-
Mr. De Yurre: Well, the cost of constructing a similar building.
Mr. McKurty: Oh, sure, you couldn't - the cost of construction for this
building, the cost approach itself, to replace or reproduce the building,
would be at least $25 million dollars with the land included.
Mr. De Yurre: What do you figure? About a hundred and - the cost per square
foot?
216 June 7, 1989
Mr. McKurty: It's going to run you about. a $110-$112 a square foot for the
structure itself. There's substantial tenant improvements in the building
which are not included in that cost. And that could run anywhere from $30-$40
a square foot additional which this building already has in place. So, to
reproduce that building, you could easily spend $140 a square foot.
Mr. De Yurre: OK, thank you very much.
Mayor Suarez: Does anybody have an answer to the question I asked counselor a
couple of days ago? Which is, what was the per foot construction cost of the
building at 26th, 27th or 28th - I forget which it is - the building, the only
recently constructed building close to there that I'm aware of, I think it's
Credit Bank? Do you have that by any chance?
Mr. Martin: No, we did not obtain that figure.
Mayor Suarez: Should we not decide this finally today, would you please make
that available? Is that possible? I talked to some other people that can get
it to me, but I just as soon get it - make you do a little of the work, I know
you're getting paid good money to represent the client here. Anything else
from the Manager, from staff?
Mr. Plummer: Mr. Mayor, if I read these numbers correctly, that the end of
the lease, if it were to be a lease, am I reading correctly that the total
cost to the City would be $72,000,000?
Mr. Odio: I£ you count operating expenses...
Mr. Plummer: Well, you got to count it all.
Mr. Odio: Yes, yes.
Mr. Plummer: In other words, you're saying the total cost of this building
for 25 years would be $72,000,000.
Mr. Odio: Yes, sir.
Mr. Plummer: Now, I have not heard originally the gentleman proffered that he
would give, I think, a million and a half dollars to adapt the building for
the needs of the City.
Mr. Odio: In the latest proposal, it was not...
Mr. Plummer: I understand that. Have you made a determination as to what it
would cost the City to adapt the building to the City's needs?
Mr. Odio: It would start at a million and a half because, for instance, the
suites that are beautiful - that building is beautiful - would have to be
changed according to public use because they have suites with private
bathrooms and terraces and all of that, that would have to be adjusted. You
do have to do some work inside, especially on the top floors, but a million
and a half is a good start.
Mr. Plummer: So, in other words, that has to be added to the seventy-two. Is
the correct?
Mr. Odio: No, you would have to add that, yes.
Mr. Plummer: So you're roughly then talking about this says, if it were to be
leased, roughly a $75,000,000 or $3 million a year. Is that correct?
Mr. Odio: Yes, sir. g
;an
,e
Mr. Plummer: Thank you.
Mrs. Kennedy: Mr. Manager, you just mentioned that, you know, about removing`
the building from the tax base and, sure, it will result in loss of tax
revenue, but you also have to consider the improvements that you will get to
the neighborhood.
(Applause)
.dlklk Jim
Mr. Odio: You're right, of course, and the building will not be removed from
the tax rolls, by the way. We just have to sort it out some how, but it would
stay on the tax roll because it's still their building.
Mr. Plummer: Mr. Manager, I'm sorry, let me ask this question. You in these
columns that you have established here, you show total. cost...
Mr. Martin: I'm sorry, Commissioner Plummer, can you tell me which report
you're reading from? I don't know...
Mr. Odio: No, he...
Mr. Plummer: All right, sir, City of Miami lease versus construction analysis
dated June 5, 189, OK? You show a column here which I had not seen called
"Total Cost." Total Cost represents, do I understand correctly, $96,000,000?
What is represented in total cost?
Mr. Odio: If you add the taxes that would have to be paid, you add the net
taxes here, which is nine hundred and twenty-four thousand dollars, whatever,
it comes up to the total cost of the building that would go up to $97,318,898.
Mr. Plummer: Mr. Manager, if I add a million dollars of taxes to $72
million...
Mr. Odio: Times 25, it's 25 years, times...
Mr. Plummer: Are you saying it's $924,000 a year?
Mr. Odio: A year, yes, sir.
Mr. Plummer: No, that's not correct. This...
Mr. Odio: Yes, county, school board and City taxes.
Mr. Plummer: No, that's not correct.
Mr. Martin: Commissioner, Plummer, let me...
Mr. Odio: I'm sorry, I'm sorry, I'm sorry...
Mr. Plummer: Wait, wait a minute, hold on. It's his numbers so I'm...
Mr. Martin: These are not his numbers. That's what I want to say.
Mr. Odio: OK, the first column is the straight lease which gives you $65
million, 745,572.
Mr. Plummer: We're not on the same page.
Mr. Martin: These are not his numbers. They may not be...
Mr. Odio: In the first column.
Mr. Plummer: I'm looking, on this page?
Mr. Odio: Here, here.
Mr. Plummer: That's not the same page, I'm looking on a different page.
Mr. Odio: What table are you in, exhibit two?
Mr. Plummer: I'm on a table, schedule of lease alternative assuming ground
floor sublease, exhibit 11, page one.
Mr. Odio: Oh, no, I was assuming no ground floor lease.
Mr. Plummer: Then it would be higher.
Mr. Odio: Then it would be higher, yes, sir.
Mr. Plummer: Excuse me.
218
Mr. Odio: So, let's go back to your table.
Mr. Plummer: Are you saying, then, that with no ground floor lease, the total
cost to the City over 25 years would be $96,546,000?
Mr. Odio: No, I'm saying, its $97,318,898.
Mr. Plummer: Ninety-seven million.
Mr. Odio: Right.
Mr. Martin: Commissioner Plummer...
Mr. Plummer: Wait, wait, wait, please. It's his numbers and I'd like to deal
with...
Mr. Martin: It's not his number, I'm trying to interrupt for a reason.
Mr. Plummer: Sir, this is the City of Miami and I believe he's still the
Manager.
Mr. Odio: Oh, I'm sorry, I'm sorry...
Mr. Martin: That's your report.
Mr. Odio: ... it's not my report.
Mr. Martin: I don't have a copy of this report.
Mr. Plummer: Well, you can avail yourself, but I'm asking him question based
on his numbers.
Mayor Suarez: These are all without discounting to the present value? Is
that what he's doing?
Mr. Odio: We're looking at the same page.
Mayor Suarez: Last time he... well, I won't say what happened last time he
did one of those calculations.
Mr. Odio: That's not my numbers.
Mayor Suarez: On Bayside...
Mr. Odio: See, you're looking at my...
Mayor Suarez: ... or on the City's long term indebtedness.
Mr. Plummer: Where did that come from? That's yours?
Mr. Odio: That's the owner's number. I'm sorry, I was looking at it... so,
actually...
Mr. Plummer: These are the owner's numbers?
Mr. Odio: Same thing.
Mr. Plummer: No, this ones a little bit higher.
Mr. Odio: No, it's higher by a million dollars...
Mr. Plummer: OK. So then, what you're saying is, that it's going to come out
closer to $4,000,000 a year.
Mr. Odio: Yes, sir.
Mr. Plummer: Now, where does the rationale come where today, as scattered as
we are, as crazy as we are, that we're paying a million and a half dollars,
yet, tomorrow, we start paying four million dollars a year?
Mr. Odio: We don't start paying four million dollars right away..
219 June 7,.1989'
Mr.. Plummer: No, no, no. Over the period of time, the first four years don't
insult me by telling me it's free. There ain't no free lunches. OK? I'm
taking it over the 25 year period...
Mayor Suarez: Well, the problem with that analysis is it doesn't discount and
it doesn't take into account...
Mr. Plummer: Discount what7
Mayor Suarez: It doesn't count to the present value. If we're paying a
million and a half now...
Mr. Plummer: A lease, what present value is there? How does that come
into...
Mayor Suarez: Of the money, of the money that you pay overtime. If you take
a million and a half that you pay now...
Mr. Plummer: Yes.
Mayor Suarez: ... you cannot assume that's what you're going to be paying for
the next 25 years.
Mr. Plummer: Agreed.
Mayor Suarez: Chances are, with typical inflation, by the end of 25 years,
we'll be paying, over 25 years, probably a factor of three or more. We'd
probably be paying five or six million dollars a year for that space so that's
the way you have to analyze it.
(Applause)
Mayor Suarez: Not mentioning, you know, not mentioning other factors.
Anyhow....
Mr. Martin: Commissioner Plummer, what I'd like to do, this report was
prepared by an accounting firm, B.D.O. Sedman, and I'd like them to be able to
explain their report if you have questions about the report. Obviously, you
know, present value is an important number. When you don't have to pay out,
we're not trying to insult you by saying it's free rent. When you don't have
to pay out for four years any money out, you can use that money for something
else. That money costs money so, therefore, you're going to have savings in
that. Whenever you try to average it out, if you want a lower rent, we could
lower the rent and you start paying rent right away. But it's going to come
out the same way, or even worse, for the City.
Mr. Plummer: Pay me now -or pay me later.
Mr. Martin: Well, no, it's not, it's not...
Mr. Plummer: That's what it boils down to.
Mayor Suarez: That's what you were saying, pay me now or pay me later.
Mr. Martin: In any event, if you would like this explained more properly, the
person who prepared the report, the partner of the firm is here to explain it.
Otherwise...
Mr. Plummer: I think it, you know, it speaks for itself.
Mr. Martin: Well, I
don't like to take it
out of context...
Mrs. Kennedy: I do
have a question that
I would like to have explained. If
we're talking about
four years free rent,
if we're talking about starting with
'=
-
$18 a square foot...
how did we et to the
g
$31 a square foot .
q ?
Mr. Plummer: The eighteen doesn't includes taxes or maintenance or upkeep.
W 01
Sightman Report or Siedman Report. What I'd like to point out of this report
and I'll give it to the City Clerk now. What I'd like to point out of this
report is that the executive summary of the report, when the numbers are done
correctly, makes it where the City of Miami will save, at present value, and
you always have to go present value, a million, sixty-one thousand, eight
hundred and twenty-two dollars ($1,061,822.00) by leasing this building under
this alternative than by constructing the site at Government Center. And it's
very plain and simple. So, if we're going to take some numbers out of the
report, let's take all the numbers together, let's not pick some numbers and
not others. And we can go through the whole thing if you want to tonight. I
would like to, Mr. Mayor, I would like to make a presentation, a very small
presentation...
Mayor Suarez: Brief, please.
Mr. Martin: ... because we're getting into a lot of issues and I'd just like
to get some things on the record very quickly.
Mr. De Yurre: OK, before you do that, you know, you stated a question whether
we wanted to take care of this or not. I want to get this thing resolved one
way or another tonight. I don't want this to drag on, that's for sure.
(Applause)
Mr. Martin: Before I briefly outline the proposal or the differences between
the City Manager's statements, I would like to say a few words about the owner
and the building; very few, if you allow me a few - a couple of minutes. Mr.
Lawrence Kadish has a reputation as a good businessman and he's also a fair
and charitable person. He enjoys a reputation across the nation as a good
landlord, seller and buyer. He owns in excess of 10 million square feet of
commercial properties throughout 42 states in the nation. Some of his main
clients are K-Mart and Winn -Dixie which we all know. He's a Florida resident,
he lived in Miami's northeast approximately 35 years ago and likes the area
very much. He owns many other properties in South Florida including many in
Dade County. The properties that he owns are free and clear from liens or
they have a first mortgage in Florida, that's all. He's not into a lot of
debt into these properties, including this one. He has a financially
excellent condition and neither he nor any of his corporations have ever gone
bankrupt so he's a solid businessman. You're either going to have him as a
seller or you're going to have him as a landlord. I just wanted you to know
that. As far as the building is concerned, it was built three years ago in
connection with the Keys Pharmaceutical Company. It was for them for their
headquarters. My client calls it a work of art. Obviously, the building is a
first-class building, I don't think there's any question. I think you've all
seen it and it stands by itself. The building cost, I talked to the
contractor, Stanley Arkin, who built this building, the building cost was 16
million, two hundred and fifty thousand dollars ($16,250,000) plus all the
improvements that Keys Pharmaceutical put into it which are in excess of five
million dollars ($5,000,000), so we're talking about a building that cost to
build, three years ago, at least twenty-two million dollars ($22,000,000).
The appraisal that has come out and all the appraisers have - these are MAI
appraisers - it's the highest appraiser you can get and it's certified by the
whole nation. He has a minimum value of twenty-five million dollars
($25,000,000). You have to take this building - how can you appraise a
building as a empty shell? Who's ever going to use a building as an empty
shell? Nobody is, including my client. He's going to either lease or sell
that building in the near future. He's owned it for less than two years.
There's been a lot of reports, that it has been empty for three years. The
reason it's been empty for three years is because Keys Pharmaceutical was
bought out. When they were bought out, they moved to New York and obviously
the building was empty. Now, this is built for basically a single tenant
without a lot of changes. So, therefore, you don't go out and try to lease
5,000 square feet, one floor here, half a floor there. Therefore, that's the
reason why we're talking about the conditions we're talking about. There's a
lot of letters, there's a lot of people who have come to the building, they
love the building and they would like to be in the building with ten thousand,
fifteen, twenty thousand square feet. The owner does not want to do that. He
wants to rent to a single tenant or sell the building. The parking garage;
it's an inside parking garage with at least 450 spaces, state of the art
ecurit in-house dining facilities. You can't get a better building than
s y,
this. I want to go back now to clear the record as to how this building dame
about to be available to the City of Miami. A group of concerned citizens of
221 June 7,
1989
the northeast area, including a group from the Biscayne Boulevard Chamber -
Greater Biscayne Boulevard Chamber of Commerce - came to the owner and said,
maybe the City of Miami or Dade County would like to use this building. It's
a beautiful building, it will make a statement for the City and they said,
well, if there is an interest, I'm interested too. So, they went about to see
if the City of Miami or Dade County were interested in this building.
Apparently, they found out that the City of Miami has people spread out all
over the place. They got nine or ten buildings in which they have all these
people. Believe me, those leases...
Mayor Suarez: What is exactly that number? How many locations do we have the
450 employees that would move into this building?
Mr. Odio: We have - we are renting at Aviation Avenue...
Mayor Suarez: Do we know the answer without having to...
Mr. Odio: I'm trying to count - we're moving out of the Coconut Grove
building there. We have four buildings.
Mr. Martin: All right, I have leases, nine leases that I've reviewed that the
City has right now.
Mr. Odio: Let me clarify...
Mr. Martin: For nine different buildings.
Mr. Odio: ... for the record. We do not rent at 3191 Coral Way. The City
does not rent there.
Mr. Martin: Who rents there then?
Mr. Odio: The pension boards are independent from the City, as I explained to
you yesterday.
Mr. Martin: It was listed in your original report.
Mr. Odio: They are not part of the City's...
Mr. Martin: They're not part of the City?
Mr. Odio: They're not.
Mr. Plummer: They would not move into the building.
Mr. Odio: They would not move because they are not part of the City.
Mayor Suarez: What is it, what's the agency?
Mr. Martin: Even if they got free...
Mr. Odio: The pension boards.
Mr. PLummer: The pension board.
Mr. Odio: Gates Case gave them the total independence from the City.
Mr. Martin: Even if they had free rent for four years, they wouldn't move
there?
Mr. Odio: They will not move there because...
Mayor Suarez: We can't force them. We can sort of encourage them, We do
appoint some of the members of the pension board.
Mr. Odio: But they do not work for us or they're not tied to us at all.
Mayor Suarez:
Manager.
We do appoint some of the members of the pension board, Mr.
Mrs. Kennedy: OK, so Mr. Manager...
222
LM
Mr. Odio: So we have renting...
Mrs. Kennedy: ... we have Aviation which is due in 1992.
Mr. Odio: Right and we have...
Mrs. Kennedy: We have Dupont which is due in 1990.
Mr. Odio: We have the AmeriFirst Building.
t—
Mrs. Kennedy: And AmeriFirst which is almost over, it's over.
Mr. Odio: That we don't have a lease yet, we don't have a lease with them
-
yet . �-
Mrs. Kennedy: Right. -_
Mr. Odio: And we do not rent at the Olympia Building because we own the
building. It's listed here as we're...
Mr. Plummer: What about the Cable building over on 7th Street?
Mr. Odio: What's that?
Mr. Plummer: We own it.
Mr. Odio: We own that building.
Mr. Plummer: We'd move those in and sell it.
Mr. Odio: Oh, we own that building.
Mr. Plummer: But would we move those people in and sell that building?
Mr. Odio: No, that's the Parks Department Operations office. They would not
move.
tor. Plummer: I'm merely asking.
Mr. Odio: They would not move.
Mayor Suarez: Any chance Mr. Kadish would like to buy the Olympia Building
from us?
Mr. Martin: Well, obviously, whatever building you have, that you own, you
can sell afterwards and obtain revenues.
Mayor Suarez: Take a trade in?
Mr. Odio: And let, excuse me...
Mr. Plummer: We can also trade it to you.
Mr. Odio: And One Biscayne is not our lease either.
Mr. Martin: OK, I'm sorry. Let's go on so we don't get bogged down in the
leasing aspect. OK. My client listened to the neighbors and he said, OK,
let's make an offer to the City of Miami to see, since they want
consolidation, they need to move these people some place. Maybe it is cheaper
for them to do this than to go ahead and build this building at phase II at
Government Center. So he goes ahead and makes an offer to the City, this was
dated April 21st, 1989. The offer was presented to the City Manager. The
City Manager took the offer and made a report, made a study. OK, the owner
believes that this report, and so does the accountants that have made the
corrections, contain many errors and omissions which did not do justice to the
offer. Thereafter, the Commission, at its May llth meeting, decided and
instructed the City Manager to negotiate the best deal possible the City could
get for this particular building and bring it back for approval or
disapproval. Now, we've been trying to do that for the last several weeks and
I think that we have accomplished at least the purpose of getting the offer on
the record and making sure that the Commissioners will be able to see it and
make a decision on it. On June lst, this offer was made officially, the
223 Jung 7, 1989
[A
latest offer. It was delivered to the City Manager and all the Commissioners.
I'd like to enter into the record, the June lst offer which is what we're
talking about today.
Mayor Suarez: It's accepted into the record. You can pass it down and we'll
get it over there.
Mr. Martin: Obviously, it's a mere offer and it states that the owner has the
right to withdraw it at any time until the City accepts it. We believe that
this is very critical that this offer be considered by the City Commission.
It is very important for many, many reasons. We've talked about what the
summary of the offer is. The City Manager has explained to you the zero rent
for four years, the one year and a half of ten dollars and the rest of the
remaining at $18.50. The CPI, the consumer price index, which he has stated,
has a cap, has a maximum of two and three-quarters percent. The history, for
the last five to ten years has been over that, has been over 3 percent. We're
not talking about adjust for inflation all the time. We're only adjusting up
to a certain point. Most of the leases that the City has right now have
certain adjustments and they also have certain operating costs that they have
to pay and certain things they have to do so all the leases are not just basic
bare bones leases, OK? The lease would be a net lease. Obviously, they're
going to own the building, they're going to lease the building, they're going
to own the building, the same as they're going to build it and own the
government center building. They'll be responsible for the operation costs
and repairs and maintenance and management, etcetera. The purchase option
that's been put on the table is seventeen million, seven hundred and fifty
thousand dollars ($17,750,000). There is a slight increase if it's not
exercised in time and you go to the year and half in which the closing can be
had. The ground floor, we would love to give the whole building to the City.
The ground floor, you don't have to do it if you don't want to, but is very
prime property and I'm sure that if you don't need it for the first few years,
you can sublease it and make some money on it. We believe this is a very fair
offer to the City. The accountants report says that it's cheaper for the City
to do this than to build their own building. The appraisal says that the
price of the building is higher than what is being offered to - considerably
higher. What I'd like to do is, I'd like to tell you some other advantages
that you have. The City Manager says, we're going to build a building on
Government Center. What are the risk of building a building? You've got cost
overruns, construction delays, interst rate fluctuations, all sorts of things
that are going to impact. That building could be... you never know, it may
cost your 30, 40, 50 million dollars. You don't know right now how much it's
going to cost you. I built a house not too long ago and it cost me almost
twice as much as my architect told me. So those figures sometimes lie,
especially when you don't have the plans and specs to be able to put it out
for bids. These are just very bare bones estimates.
Mayor Suarez: Yes, the Vice Mayor sued his, did you sue yours?
Mr. Martin: This building makes a positive statement for the City of Miami.
It's a symbol for the City and it would be a great building for the City to be
in. It would be a catalyst for the revitilization of Miami's northeast area
which is sorely needed. It will have a tremendous positive effect on the
surrounding community. Even the Mayor, in his letter of April 21st, 1989, to
one of the Chamber members agreed with that. We believe that this is a
quality building. It is a great building. We believe this will be an
investment. The quality of the investment you're going to make in this
building compared to what you're going to spend over at Government Center,
there's a tremendous difference. At Government Center, you have deed
restrictions. The only thing you can use that property for is the City
administration building. If you can use it at all because there's a question
as to whether you own the lots or not right now. This building - you can
resell the building, you can release the building, you can do anything you
want to. The building is going to go up in value, property always goes up in
value, it never goes down throughout history. So you can make a lot of money
on this building later on. This is a real offer on the table now and we urge
the Commission to vote on it and subject to a formal lease being approved by
the City Attorney.
Mayor Suarez: Let me tell you where I stand. First of all, let me say that
there have been a variety of statements, allegations, even threats as to this,
and they come to us and they get to us and they reach us sometimes by calls
from some of your neighborhood representatives and I know they're a little bit
224 June 7, 1989
i
over eager, they're all friends. But it really doesn't help If we get
statements of the sort that, if we don't go with the purchase of this building
or lease, that we're not welcome in the northeast or that sort of thing. You
can make those and they may or may not have the right effect. I'll tell you,
they don't have the right effect on me. I also think that it's a little bit
unfair for one of your members to call my law firm yesterday five times in
about an hour period. I understand that he was concerned about the timing of
this, but I think that's unfair. I've got to make some money. You have not
chosen to pay us any more than $5,000 a year and that just is unfair and,
finally, I see some signs that say, "Delay is Defeat." You know, we, four or
five months ago were still considering the A.I. Dupont Building, which I
didn't think was a good idea. But we were still considering it seriously.
That had a lot of merit, the idea, I didn't think it was the best idea, but it
was something to consider. Up until a couple of months ago, we'd really been
thinking in terms of building a brand new building for the City right next to
another one that we own downtown, not because of this notion that we want to
consolidate a Government Center, I don't know who made that up except some
downtown folks, I don't know that it's such a great idea to consolidate_
downtown anyhow. The one problem that we have of consolidating into a
Government Center, I understand that, of course, it means that Metrorail is a
little bit more effective because it has more riders, but one problem we
create is we lower the tax base in many ways because of having an exempt
building. So I don't buy that either. But it is unfair to say that we have
delayed on this matter and that that constitutes a defeat because it implies
that we're in bad faith here. Let me also say that the other side has engaged
in - and I mean the opponents - have engaged in tactics, including a letter I
,
received, let me not say the name of that person either, from a Downtown
Development Authority member that said that the northeast area was undesirable
=_
or unsuitable or something. And that's preposterous to me. The City's
location of its administration buildings, just like this is a very nice
building, as I stated before, for a City Commission Chambers and for the
offices of the legislators in the City and at this point, the City Manager. I
think it's a magnificent location. I think also the northeast is a
®_
magnificent location and this building is in that area plus there's many
things that I like about the building which, let me tell you right now, what
_
they are. Obviously, we've all heard that it helps in the development of an
area that needs all the help it can get, and that we haven't really dedicated
too many sources and too many funds from Community Development block grant
'—
monies or from City projects or a variety of other incentives for inducements
to development that we can engage in. There's one interesting thing that I
mentioned to counselor when he called me at my office. I at least respect the
fact that you didn't come to my office, given that we were in the same
building, you didn't badger me too much. Though you did come around City Hall
and seek to see me again the next day which I thought was a bit too much and
that's why I didn't see you, Pedro. But the building is a unique building and
not only is it a unique building, it is uniquely suited, I think, in my
inexpert opinion, to the needs that we have. It's a spectacular building but
not only that, it has a lot of features that would hours to explain because I
went finally to see it one day when I was trying not to see it, but Pat
Skubish dragged me out of a function at Bay Point over there and it's just one
of the most beautifully done buildings inside. But not only that, it has a
lot of very nice features including last three floors that are separated and
connected by interior stairways and so on. There's a lot of nice features to
it. But there's a lot of buildings that have nice features to it, don't get
me wrong. That wouldn't be enough to sway me. Finally, even as to our
present potential for charter changes, it has some interesting elements. If
we go to a single member district system, we end up with nine Commissioners,
as I mentioned before when we were dealing with that, we might very well need
space, we would need space for the additional Commissioners and finding them
in the upstairs portion of this building might be one way to solve that. In
which case, we'd have the Manager's office over there. If we went to a strong
Mayor form of government, I think that the idea of having an administrative or
_
Executive Mayor at that building, particularly if it was me, would be
particularly enticing because it is really a beautiful building and I think
you would be able to sell the City and do administratively some of the other
things you need to do with departments that, as it turns out, we would move
over there. This is the kind of offer that I would contemplate and I know we
cannot do it today. And I'll tell you we can't do it today. He doesn't have
authority to make us this kind of offer. I would like to see us agree to a
purchase option that would be the average of the highest of our two appraisals
that we're doing now and your appraisal or 17.75, the lowest of the two, never
to exceed 17.75. I would take that. But, just in case our appraisal comes in
225 June 7, 1989
'�
W W,
much lower than yours, I'd like to have that opportunity, and that's why I
want to see our appraisals come in at. I'd like to have 18 months to exercise
that option. Why do I say 18 months? - And without the option purchase price
going up one penny - the building's not occupied so we don't have to get into
the issue of giving you money for your carrying charges. You have carrying
charges now whether we purchase it from you or not and you don't seem to have
any great tenants coming up to you right now and barking at your door or
knocking down your door. Eighteen months is what it would take us to work out
all of the details of bonding and all of the other things that I told you
before are not that easy for us to work out. In fact, I don't really know
right now exactly, legally, how we can come up with the monies. We have
pledged many of our revenues, but in this case, the revenues that we would be
pledging for a revenue bond are clearly to substitute what is, up to now, a
payment that we make from our general revenues and it looks too much like a
G.O. bond. I'd hate to have somebody challenge that that is a G.C. bond,
general obligation bond, and that it would require voter approval and I
guarantee you, if we put it on the ballot - I don't guarantee anything - but I
have a feeling it might not pass so... but if we had to go that route, that
would also take 18 months, so I'd like to have 18 months to exercise that
option. I'd also like - I'd like very much the feature of the four years free
rent and, of course, if we purchase it, given that the option is without any
increase, we would pay fair rental for the amount of time that we occupied it
up to the moment of the exercise of the option. I understand that. Finally,
and most importantly, I would like a right to cancel if we don't purchase it.
If we don't exercise our right to purchase and we decide just to lease long
term, I would like the right to cancel at any time that the City deems that
for a variety of reasons, we do want to be in government center, next to an
existing building - I don't want to be tied down for 25 years without some
right to cancel, and that right to cancel would be exercisable by paying you
whatever the equivalent of the years of free rent that we got up to that
point. And that would be the kind of parameters that I would contemplate.
They'd give us all of the options, they'd give us the ability to see if we
even have legally the opportunity to bond out monies to purchase this building
and they give us a little more time, but they all include, really, waiting for
that final appraisal which comes in at the end of June. Now, this is not a
delay, believe me. As the Vice Mayor said, I'm, you know, I'm as tired of
this issue as any of you. I've weighed the arguments of the downtown
community. I am the chairman of the Downtown Development Authority so don't
get me wrong. I know the importance of that. I do kind of mind a little bit
this notion that we must be downtown. I don't know why they're saying we must
be downtown. Actually, the City of Miami is always going to have a
decentralized way of functioning. We are located, I think, in a hundred
different buildings throughout the City regardless of what we do as to this.
We have, I think, 12 or 13 fire stations. We are trying to decentralize our
Police Department. So the idea that we have to consolidate somehow doesn't
make much sense. In fact, today I was talking to somebody who said, you know,
you really should be downtown because you'll be closer to the Government
Center and to the county building. The building that person is in, and I'll
tell you who it is, it's my brother-in-law. The building he's in, is right
across from the county and he couldn't get through to any of the county folks
on some issue that he wanted them to handle. I called him on the phone and
got the issue resolved. So the fact that you're close physically doesn't mean
a damn thing if you don't have access to the governmental people in question.
And, you know, I can call Representative Bloom in Tallahassee. We were
dealing all the time during the sessions of issues, and she was calling me.
We have portable phones, I mean, being right next to each other is not the
issue. The issue is to consolidate a bunch of offices that we have scattered
around that have different rental amounts; in some cases not particularly
competitive, we know we've made some mistakes, and that makes a lot of sense
and, of course, we would like to help an area of the City that could be
helped. But we - I want a better deal, I want the right to cancel and I want
an option that doesn't cost us money and just in case, I don't want to bind
the hands of the people that might sit here after us and still give Mr. Kadish
the deal that allows him, just in case we cancel, to show that his building is
occupied and to get a fair return on his investment. That would be the kind
of deal I would accept.
Mrs. Kennedy: Of course, the option to be stipulated at today's price.
Mayor Suarez: Yes, I'd like to see what the appraisals look like, that's why
I was saying maybe one possibility is say, yes - I'm sorry, yes, today's
price, a fixed amount seventeen seven five, or an average of our appraisals
226 June 7, 1989
0
and yours, but the lowest of those two figures.
17.75.
Mrs. Kennedy: The lowest of the appraisals.
I never went to go beyond
Mayor Suarez: I, frankly, would like to wait to see what that option price is
until we get the appraisals back. Just so we have a better idea, otherwise,
we get into a formula now which I haven't thought out. Certainly no less than
17.75 - I mean no more than 17.75, I'm sorry - and not to go up at all for 18
months. I'd like to have that ability, that's the way most options to
purchase are. They don't usually tell you you're going to start increasing
with inflation or with carrying charges or anything. You just have to take
the chance that we will exercise the option. Believe me, it's not going to be
easy for us to exercise the option. I think the Manager can tell you right
now that we don't even know the exact mechanism we would pursue other than
putting it on the ballot, and it might pass if we put it on the ballot if all
of you went out there and supported it, I suppose.
(Applause)
Mayor Suarez: And I would be ready to add, finally on this, upon the receipt
of the appraisals and the Manager trying to get us better terms. Now, if he
doesn't get us better terms, I right now would vote against the latest
proposal, but I have to say one thing, you're certainly moving in the right
direction.
Mr. De Yurre: Let me put in my five
standpoint of the neighborhood, I think
when I ran in 187, and throughout the
when he was running- he's been running
most important things, and I think it's
we agree on, though we agree on most,
the fact that you have to pay attention
(Applause)
cents worth. First of all, from the
that when I ran back in 185 and again
times that I've listened to the Mayor
for office and reelection - one of the
possibly the most important thing that
pretty much just about everything, is
to the neighborhoods. You have to.
Mr. De Yurre: Now, we get a lot of heat from the downtown interests for many
issues and this certainly is one of them - that the building is not worth
what we're going to be paying for it, that this is too much or we're not
getting enough. But then, you know, when I start looking at what downtown
gets as opposed to the_•neighborhoods, when I see downtown getting a Metrorail
that has a deficit of millions of dollars a year for the benefit of downtown,
when I see a Peoplemover that runs on a deficit that we have to pay for, for
the benefit of downtown, when I see an extension of the Peoplemover that's
going to come out of our pockets because it's going to run at a deficit for
the benefit of downtown, then I feel real good saying whatever we can do to
help the northeast, which is a neighborhood that - don't, hold it...
UNIDENTIFIED SPEAKER: OK.
Mr. De Yurre: Not yet, not yet, not yet - that has been crying for years for
help and we have always pledged that we want something to revitalize the area.
That to me, it's a beautiful area, that Boulevard it's man made to have
development, to have buildings and offices and all that kind of thing. You
know, this is ray opportunity and I think this Commission's opportunity to say,
you know, we promise that we'd be there for you and this is our chance to do
it and we're going to go through with it. I feel good about the building. I
think that we need to consolidate, which is the whole reason why we're going
through this process, and I feel that the northeast is going to benefit
greatly from us moving to the area. Now...
(Applause)
Mr. De Yurre: ... what I'm looking at and I guess we're just throwing our
feelings out here and then we'll come up with some kind of motion. I'm in a
position right now that subject to the two appraisals coming in, and not being
less than the purchase price that we're talking about that we, you know, that
I would be willing to go ahead and move towards purchasing the building
outright. I don't think that having an option, to exercise an option in 18
months is really feasible because, you know, are we going to be put in a
position to moving there and then after 18 months moving out again? I think
it would be too costly to go through that process.
227 June 7, 1989
Mayor Suarez: No we could... maybe I didn't explain it. The problem with
exercising the option to purchase is it would take us at least, I think, about
18 months, maybe a year, to actually put together the financing and if, in
that period of time, you know, we decide not to exercise the option, we have,
you know, we have really two possibilities. We could stay there for the
duration of the lease in accordance with the lease terms or we could, at some
point, cancel but we have to pay back Mr. Kadish for the amount of time that
we haven't paid up to that point.
Mr. De Yurre: So, let me understand, you're willing to go ahead and
exercise...
Mayor Suarez: At present rates, I forgot to mention, of rent.
Mr. De Yurre: OK, but you're willing then to lease...
Mayor Suarez: With an option to purchase that we would have for 18 months at
a fixed price. Yes, I'm willing... if all those other parameters are met, I
would be willing to .lease, sure.
Mr. De Yurre: Because, you know, I'm in a position...
Mayor Suarez: In fact, that's kind of preferable, I love that four years rent
free, let me tell you. As long as we have the right to cancel.
Mr. De Yurre: OK, so I think that - if I get a feeling is that we're willing
to work - we want the building and if the numbers are right, that we're
willing to go ahead with it. And it's a matter of - Pedro, are you going back
to the owner and expressing our views? Of course, there has to be a motion
here and we'll see, you know, if that's the way we're going to go. But I'm
certainly in favor of going into the area. I think it's - at least I'm coming
through on my promise and I think our promises is to help the northeast and
this is one way of doing it. So, that's where I stand.
(Applause)
Mrs. Kennedy: Well, let me say my piece of my mind, although I think everyone
here knows where I stand. I also campaigned to restore the northeast.
Somehow it always got overlooked. Biscayne Boulevard used to be the most
prestigious address at one point and it's taken its toll.
(Applause)
Mrs. Kennedy: And I think that it's time to restore it back to the hey days
of the 20's and 301s. And I will...
(Applause)
Mr. Plummer: I can wrap up my feelings very quickly. I'm totally opposed to
a lease, I don't like the idea of a lease and I don't like the idea of $17,750
without an appraisal.
Mayor Suarez: Seventeen million, seven hundred and fifty thousand.
Mrs. Kennedy: Yes.
Mr. Plummer: Seventeen million...
Mayor Suarez: I'll take 17 thousand right now.
Mrs. Kennedy: I wish, I wish...
Mr. Plummer: Seventeen million, seven hundred and fifty thousand. You know,
the building has been vacant ever since the man has owned the building so it's
not a matter that when he bought it for 13.2, that it enhanced because there
was a tenant in the building at the time he bought. When he bought it, he
bought it as a vacant building, which it is today. And I just feel that the
17 million is a high figure and I think that we've got to do, you know, with
the appraisals... I don't even know how we can really be talking numbers
without an appraisal. I mean, is that not required that the City has to have
an appraisal?
228
June 7, 1989
AM
Mr. Martin: No, it's not it. Well, we heard that it wasn't.
Mr. Plummer: Well, I just... how do you... granted, they got their appraisal?
OK and, you know, hey, I understand how they get their's. It doesn't ==
necessarily mean that our's would agree with it, he might or might not. But I
just don't know how you can sit down and try to negotiate any kind of a deal
without appraisals being done in the forefront. I can't do it and I'm just,
as I've said to you all the way along, I'm totally opposed to a lease. At the
end of 25 years, you got pieces of paper and I just don't think it's
worthwhile, so that's exactly where I'm at. I think we've immediately got to
go out, get the appraisals as quickly as we can and come back, then we can
talk turkey because we know what grounds we're talking on. But until then, I
think we're talking pie in the sky.
Mrs. Kennedy: Yes, but let me tell you, he paid, you stated 3.2 two years
ago...
Mr. Plummer: Thirteen point....
Mrs. Kennedy: ... figure carrying costs...
UNIDENTIFIED SPEAKER: Thirteen point two five.
Mrs. Kennedy: Thirteen point two...
Mr. Plummer: Thirteen point two.
Mrs. Kennedy: ... figure on carrying costs of a million and a half, a million =_
six a year, that's 3.2, so he's making a million three...
Mr. Plummer: Well, Rosario, that's fine to say that, but, you know, he has
not made a concerted effort, obviously, to try to rent the building. He wants
to rent it to a single tenant, that's preferably, you only have to collect one
check per month or one check per year...
Mrs. Kennedy: Well, that's his prerogative.
Mr. Plummer: That is exactly his prerogative to leave it vacant, which he has
done and that's well within his bounds. But if the man himself went before
the Board of Equalization and said that 13.2, what he paid for the building,
assessed was too high and he wanted it reduced, that, to me, I want to agree
with him. Now, that's all I'm saying. Let me ask this question. Does
anybody know, for a fact, what the assessment is today? Which is a hundred
percent. State law says assessments are one hundred percent what is
today's...
UNIDENTIFIED SPEAKER: Oh, come on.
(No's from the audience)
UNIDENTIFIED SPEAKER: Come on. No one pays a hundred percent. That's
unfair.
Mayor Suarez: That's what, that...
Mr. Plummer: Excuse me, I fully concur that it is not reality, OK?
Mayor Suarez: He said, that's what state law says. That's what state law
says.
Mr. Plummer: The state law says that. Now that, between that and reality...
Mayor Suarez: State law says that people don't get mugged and a lot of other
things that don't happen, but...
Mr. Plummer: Does anybody know what the assessment of that building is
presently?
Mr. Martin: Commissioner Plummer...
Mr. Odio: I believe it's ten million, eight hundred and three thousand, one
hundred and...
Mr. Plummer: Ten million eight. OK, fine, thank you, that's what I wanted to
know.
Mayor Suarez: OK, anything further from the Commission?
Mr. Dawkins: Yes.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I've said from day one that I would not vote to lease the
building and that I would vote to purchase it. I have a problem with our =_
having said we were going to make it a City Hall and everyone's saying that
they're not going to move up there so - but I'm in favor of buying the
building for $15 million dollars, no more, this is my personal belief, no more
and no less. If the gentleman really loves Miami and wants to get rid of the
building, I want to help him. But I do not intend to...
Mayor Suarez: To fulfill both of those.
Mr. Dawkins: ... fulfill both of them. OK? So, if you want - he wants to
come back with $15 million dollars, regardless of the appraisals where they -_
are or not, then you got me a hundred percent.
Mayor Suarez: OK, Mr. Manager, I think the consensus of the Commission, with =_
the possible exception of one of the Commissioners who would like to make a
deal right now, is, and that's the Vice Mayor, I think - is that - and even =_
the Vice Mayor...
Mrs. Kennedy: No, I'm ready to make a deal too.
Mayor Suarez: OK, two of us. Wait, wait.
Mr. Angleton: Can I... when are the people going to have their say? When are
the people, the voters and the taxpayer going to have their say?
Mayor Suarez: Wait, Jim, wait, wait, wait.
Mr. Dawkins: Why, but Jim, you got momentum, what do you need to say, Jim? I _
mean, if we say we not going to buy it, then you've got me, then it's time to �_
come up here and say something.
Mayor Suarez: The consensus of the Commission, I think, there's three of us
that would not buy unless we have the appraisals.
Mr. Angleton: Fifteen million.
Mayor Suarez: Some of us might want to lease, but some of us don't at this
point. So that option is not clearly available. And if we do decide to
lease, how, exactly, we would exercise the option to purchase and whether we
need at least 18 months or just 12 months or whatever amount of time, is also
pending. Not to mention the fact that if we choose to lease, I hope that we
have the right to cancel some of the other features that I put into my
proposal on a leasing option. In either event, we will get the appraisals
from the Manager unless - and, of course, any Commissioners want to make a
motion to make that now, that's fine too. I don't want to give anybody any
procedural disadvantage here. But I'm hearing the consensus that we will get
a report back...
Mr. Angleton: I'd still want to be heard.
Mayor Suarez: ... on the appraisals at the very latest and be prepared for
final action. In the meantime, I'd hope that he would also negotiate the
possibility of a lease with the terms that I suggested.
Mr. De Yurre: Mr. Mayor...
Mr. Martial: Mayor Suarez...
230
Mayor Suarez: With option to buy - wait a minute. We will hear back at the
very... well, we will have the appraisals by the 30th of June so certainly we
would be able to act at the July 13th meeting.
Mr. Plummer: By the 30th?
Mr. Angleton: Mr. Mayor...
Mayor Suarez: Wait, wait, wait...
Mr. Angleton: Before any motions, could I have a few words?
Mayor Suarez: You know, again, again, when I get those kind of reactions, you
know, I want to just say - well, I'd tell you what I want to say but I'd
better not say it on this mike. Because, you know, really, we've worked
awfully hard on this and we've looked at this thing as intelligently as we can
protecting all of the interests of all the citizens of Miami. I don't think
you people are being fair, but anyhow.
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: We will - if you want to make some quick presentations and the
Commission wants to hear it, we'll be here, Jim, there's no problem with that.
Mr. Angleton: Yes, I just... I have...
Mayor Suarez: But I'm trying to reflect the consensus of the Commission so
you know what direction we're heading in. Maybe we'll even have a motion on
the table that you can address.
Mr. Angleton: OK.
Mayor Suarez: This item was scheduled for a discussion item, so the Manager
could report back to us.
Mr. Angleton: But, on May the llth...
Mayor Suarez: We scheduled it for a time that you could all be present and
we'll take some input, but we're not going to hear the same arguments over and
over again. Believe me, we know all of the arguments in favor of the
building, we've stated them.
Mr. Angleton: I'm not going to get into that at all. It's not the arguments.
Mayor Suarez: OK, but the Vice Mayor wanted to say something on the - what's
presently before us.
Mr. De Yurre: Well, I'd just like to say that and I hope I don't have any
second thoughts on this afterwards. You know, I'd be willing, you know, to
get in and try to work and negotiate the lease for the City or the purchase,
either one...
Mr. Dawkins: No, purchase.
Mr. De Yurre: Purchase.
Mrs. Kennedy: Either.... I can go with the purchase.
Mr. De Yurre: You know, we'll come back, we may come back with two offers.
You know, they may be willing to sell outright for "X" amount, or to lease,
and then we just make up our minds. But I think that I don't feel there's
been that negotiation going back and forth. I don't think much has been there
at all, and I think that we need to actively pursue this. Try to get the best
deal for the City and just, you know, go ahead with our options. And I'd be
willing to have to step in.
(Applause)
Mr. Martin: Well, Mayor Suarez, let me just say something very quickly. At
least we have gotten some counter offers today which we hadn't gotten up to
now. So, if anybody else wants to get involved, we would appreciate that.
231
Mayor Suarez: Yes, we're retroactively approving what you've done already and
I think that'll be helpful. Otherwise, you'll have to pay it out of your
pocket, Mr. Manager.
Mr. Plummer: Wait a minute. You have already done it?
Mr. Odio: I explained that I did get them on June lst.
Mayor Suarez: Please.
Mr. Odio: I got them on June 1st knowing that I would have to come to you
retroactively and get it approved.
Mr. Plummer: You did it without our approval?
Mr. Odio: I did and I said that on the record. Because I wanted to show them
that I did mean what I said, that I am willing to negotiate but I have to have
the appraisals.
Mr. Martin: Very important...
Mr. Odio: Without those in hand...
Mr. Plummer: Well, when do we expect the appraisals to be returned?
Mayor Suarez: June 30th, for the third time, June 30th. Will we have them by
June 30th or not?
Mr. Odio: We have a promise of one by June...
Mayor Suarez: Tell them that they won't get paid unless they have them in by
June 30th, how's that?
Mr. Odio: We have them in by June 30th.
Mr. Martin: Commissioners, Mr. Mayor, it's very important that that
appraiser, those appraisers be given the proper instructions. And I'd like to
have, if one of you...
Mr. Dawkins: You can't tell us what to tell our appraisers. Give us a break
now, come on.
Mayor Suarez: What do you mean by the proper instructions?
Mr. Martin: The proper instructions as to what premises they're going to
appraise the building at. Are they going to appraise it as an empty building
to be leased out on a multi -tenant basis?
Mr. Dawkins: No. No, no, no, no, no.
Mr. Plummer: No, no, no, no. No, no, no.
Mr. Dawkins: We aren't going to do that.
Mr. Plummer: Absolutely not, I don't tell my appraiser, now you might have
told yours because of the numbers so high that he came in at. But I'm not
going to tell my appraiser what he is to do other than legitimately and fairly
appraise that building.
Mayor Suarez: I've never heard of appraising a building other than the
condition that it's in, Pedro, including... never heard of appraising a
building assuming something that is not there is there, I mean, let's...
s
Mr. Martin: No, no, he determined that that was the highest and best use. We'
didn't tell him that was the highest and best use, Commissioner.
Mr. Plummer: Well, you sound like you're running a poll for politics when you
pay a pollster what you want to hear. Well, that's not: the case here.
01
232 June 7., 1989
V
Mr. De Yurre: Well, we got to look at anyways the cost of that building.
That's what I'm going to be looking at. That's it.
Mr. PLummer: What is the value of the building, period?
Mrs. Kennedy: Even though it's empty.
Mr. Dawkins: That's all, what is the value of the building?
Mr. De Yurre: How much does it cost to build that thing?
Mr. Dawkins: No, what is the value of the building?
Mr. Plummer: No, no, no, no. That is not what I would consider to be a fair
appraisal - what it would cost to build it. No, not at all.
Mrs. Kennedy: No, no, no.
Mr. Dawkins: What is the value of it, what is the value of it?
Mayor Suarez: Look, the appraisers...
Mr. Plummer: What is the value of that building as it stands today in that
location?
Mayor Suarez: The appraisers are licensed by the institute because they have
the criteria and they know it, and that's why we hired two of them from our
list of approved MAI appraisers. They'll know what they're doing. They'll
come back to us. We're not going to...
Mr. Dawkins: Mr. Mayor, I move that we hear from Jim, so that we can hear
from anybody else and go home.
Mayor Suarez: Thank you. OK. And I guess I'm reflecting the consensus of
the Commission that we need that to have a majority here. If anybody wants to
make any other motion at this point - Mr. Vice Mayor, I encourage you to
negotiate, for one, and participate in negotiations because I intend to do
that in case we should go the...
(Applause)
Mayor Suarez: ... the avenue of leasing with option to buy which I still
think is the best of all because it gives us all the options. Jim.
Mr. Angleton: Yes. You all know me, I'm Jim Angleton, the president of the
Greater Biscayne Boulevard Chamber of Commerce, who has a commitment to
revitalize the Biscayne Boulevard corridor and that's why we're here. In the
past, I know you have supported us. However, our people feel that it is just
tokenism and that there is no true commitment to revitalize our area. Now,
allow me one minute to examine what happened at the Commission meeting on May
the llth. The vote unanimously was taken to approve of the location and the
building. You instructed the City tanager to meet with the building's owner
and return with the best offer he could obtain. You have heard other
proposals over the years - over the year. What is happening here now? What
is happening here today? I have my views on it already. We were led to
believe that we were going to compare the 4400 proposal with constructing a
new building and that's what it was all about. You were...
Mayor Suarez: That's not a fair statement. At the last Commission meeting I
specifically mentioned that we would be open to other proposals that I had
been receiving in writing, and there was a gentleman who made a specific
proposal here and I said, reduce yours to writing, Jim, on possibly leasing
another building. Go ahead.
Mr. Angleton: OK. We have proven that it's cheaper to purchase the 4400
Building or to lease it than to construct your new administration building.
We've already proved that. We've proven, that's a fact. Now, what's
happening? On the record, Assistant City Manager, Herb Bailey, said that it
would cost $23 million dollars to build without a parking at the new
administration building in the Governmental Center. I use the present
building in Planning Department quite often, I'm there quite often, and I have
233 June 7, 1989
s � �
to walk at least two blocks to find parking. That $23 million dollars does
not include a parking garage.
Mrs. Kennedy: And I don't think it includes soft costs either.
Mr. Angleton: No, it doesn't. With another four hundred...
Mayor Suarez: Which are defined as the cost of managing the construction and
all of that including the cost of the soft heads that sit up here and have to
review all of this and approve all steps of the way.
Mrs. Kennedy: Designing...
Mr. Angleton: Yes, right.
Mayor Suarez: By the way, the parking is very bad in that building, there's
no doubt about it.
Mr. Angleton: With another 400 employees congesting that area, we will be
awful. It's interesting to me to note that some of the downtown special
interest groups are here today.
Mayor Suarez: Well, we have special interest groups from all neighborhoods
here today.
Mr. Angleton: OK, well I just want to have my say, just for one more minute.
Are we going to be kicked around again by those who do not live in our City?
(Applause)
Mr. Angleton: Give me some help, folks. We are the ones who elected...
Mayor Suarez: Well, wait a minute, by that definition, you've got to get rid
of Mayor Kurtny here now. He's supporting you but he doesn't live in the
City.
Mr. Angleton: Well, he knows that a commitment to Biscayne Boulevard is a
commitment to the City also.
(Applause)
Mr. Angleton: We, we, not those bureaucrats, we are the ones who elected many
of you.
(Applause)
Mr. Angleton: The owner of the 4400 building has given the City an
opportunity to act now. Four years of no cash outlay for rent. What will
happen if you vote this proposal down today? You will be spending another
four years at the locations you are leasing. To whose benefit? I see some of
them here today. Why not put those $8 million dollars in rent to good use?
Buy the building with those four years of rent. The man will give you a year
and a half an option, or whatever you want he's going to give you within
reason. Let's do it today. Mayor Suarez, in your letter of April the 21st,
you said, "...the mere selection of the 4400 site can be expected to impact
positively by demonstrating the City's faith in the northeast and northwest
neighborhoods." Mr. Mayor, you're absolutely right. We agree with you.
Let's get the job done today.
Mayor Suarez: I also said...
Mr. Angleton: Enough is enough.
(Applause)
Mr. Angleton: We did... We did...
Mayor Suarez: I also said the price had to be right.
Mr. Angleton: No, well, no. We did, we did what we were supposed to do. No,
we did, we've got a building that you can't construct for no seventeen and a
half million dollars. We have a building that you can't build for 40 million
dollars in the area that you're talking about.
234 Jenne 7, 1989
s
Mayor Suarez: How did Mr. Kadish do it for so much less though? We're going
to use him for all our construction projects.
Mr. Angleton: Let me ask you. I've heard some comments here today that I
don't appreciate either. Would you sell the building if you made a real good
deal for the price you paid for? I mean, no businessman would do that.
Mayor Suarez: That's not my point. You said that the building would cost $40
million to construct. He constructed it for ten. We ought to use the guy for
all our construction projects.
Mr. Angleton: He didn't construct it. Get the same man that construct it but
that was three years ago when they constructed it, Mr. Mayor.
Mayor Suarez: It was constructed for Key Pharmaceutical by the builder of the
building, I'm sorry, not Mr. Kadish whoever...
Mr. Angleton: OK, in just closing, I would like to say, I have a problem with
the appraisal process that you've selected. Now, you heard the City Manager,
who I'm sure is a fair man, say that he went against your wishes and he
selected two MAI appraisal firms without your approval. Now... well, let me
just finish....
Mayor Suarez: He didn't go against our wishes, he took it upon himself to
take an action that he thought was calculated to follow our instructions to
negotiate. He needed to know the value of the building, Jim.
Mr. Angleton: We may have a little conflict of interest here. We may have a
conflict of interest here. Do these MAI appraisal firms work for the City?
Have they done any appraising for the City? Are they on the City's approval
list for MAI appraisals? Are they related to anyone in the City, that works
for the City? I mean, these are the questions that we would like to know.
Why not allow us to select one of them for the City?
Mr. Plummer: Well, let's find out... wait a, wait...
(Applause)
Mr. Plummer: Let's find out who they are.
Mr. Angleton: Why not...
Mr. Dawkins: Jim, Jim!
Mr. Angleton: No, why not us select one of them? The voters select one of
them and the Manager select the other one?
Mayor Suarez: No, come on.
Mr. Dawkins: Jim. They're not related to me because none of them black.
(Applause, laughter)
Mr. Angleton: Well, I would like to say something about that too.
Mr. Plummer: And for the record, Richard Plumer and David Plumer are not
related to me.
Mr. Angleton: OK. Commissioner Dawkins, I have the...
Mr. Plummer: Wait, wait, I'd like to get that answer.
that were chosen?
Who are the appraisers
Mr. Angleton: They didn't even want to tell us the appraisers.
Mr. Plummer: Well, they're going to tell me.
Mayor Suarez: They were already listed into the record.
Mrs. Kennedy: The Manager...
235 June 7, 1969
M"
Mayor Suarez: Let's do it one more time, just so there's no equivocation
here.
Mr.. Angleton: Why not save the City's money, don't get any appraisals.
Review the appraisal, that we have now. Let's talk, let's negotiate... --
UNIDENTIFIED SPEAKER: That's it. -
Mr. Angleton: OK, let's negotiate. -
(Applause, cheering)
Mayor Suarez: On your prior...
Mr. Angleton: The issue...
Mayor Suarez: All right, you don't want us to answer as you go along, go
ahead and finish and then I'll...
Mr. Angleton: Yes, just one more sentence.
Mayor Suarez: ... finish your other sort of implicit allegation of some
friendship or relationship here.
i Mr. Angleton: OK, the issue, as I keep saying, is a fairness issue.
Commissioner Dawkins, there are those who believe that the issue is an ethnic
issue, a latin issue, or an Anglo, or a black issue. Let's not allow that to
happen when we finish here. We've had enough of that. We've had enough of
that in our City.
(Applause)
Mr. Angleton: That's all I have to say right now.
Mayor Suarez: Thank you for your statement.
Mr. Dawkins: Hold it, hold it, but you got to say more than that because I
don't know what you said.
Mr. Angleton: OK.
Mr. Dawkins: You single out Miller Dawkins...
Mr. Angleton: No, no, no. You said that you didn't see any appraisals
because you were black.
Mr. Dawkins: Oh, uh huh.
Mr. Angleton: But these comments can be brought back to us. OK, that we are
racist and I don't want to get into that because it's counterproductive.
Mr. Dawkins: So what? The Miami Herald say I'm a racist. You know I'm not,
so what?
Mr. Angleton: I sure do. I know you're not.
Mr. Dawkins: All right, so you know. I mean, so we don't be coming along
about that, Jim.
Mr. Plummer: Be careful, you'll be the centerfold in the Herald.
Mr. Angleton: OK.
Mr. Dawkins: I agree, let's...
Mr. Angleton: All we are asking for...
Mr. Dawkins: But you see, we are at the point of negotiation, OK? He say
seventeen five, I say fifteen. Let's then negotiate and see where we're going
to come up. That ain't no problem.
236 June 7, 1989
Mr. Angleton: Well., I don't know, I'm not the owner of the property and I
can't speak for him.
Mr. Dawkins: No, no, no, Jim, no, no, no.
Mayor Suarez: No, we can't do that, Jim.
Mr. Dawkins: No, no, no. He say seventeen five, right?
Mr. Plummer: May I ask again who are the appraisers?
Mr. Dawkins: And I say fifteen, let's see what we negotiate.
Mayor Suarez: Please put on the record clearly, with addresses and the whole
bit, the names of the two appraisers that we have chosen. Both are MAI, Ron?
Mr. Ron Williams: Yes, they are, Mr. Mayor.
Mr. Dawkins: And tell us how you got them.
Mr. Williams: We select appraisals, as you know, on an ongoing basis, and -_
essentially we will identify a whole bunch of MIA - MAIs as we knew this was a
very important and significant job. We asked several appraisers to give us a =_
price and how quickly they could perform this particular task. We received
all of that information in, we tabulated it, we sat down, we first considered
how quickly the qualified appraiser could respond, evaluate that and weight it
against the price they would charge us, and made a selection on two very
qualified professional appraisers.
Mayor Suarez: Who are?
Mr. Plummer: Who are they?
Mr. Williams: Who are Lee H. Waronker...
Mayor Suarez: How do you spell that lease?
� Y Y P , P
Mr. Williams: W-a-r-o-n-k-e-r, of Waronker and Associates, Inc., 5995 S.W. _
i
71st Street, that's Miami.
i
Mr. Plummer: No, that's not Miami. It's not the City.
Mr. Angleton: No, it's not in the City.
Mayor Suarez: OK, what's the other one?
Mr. Williams: The other one is Stephen M. Catwell of Investors Research
Associates, 5725 S.W. 77th Terrace.
Mr. Plummer: And that's not in the City of Miami.
Mr. Angleton: Another one.
Mr. Dawkins: You know, so what? The guy who did theirs is from Broward
County. Come on. What's the difference?
Mr. Williams: Am I responding to the question, Mr. Mayor?
Mayor Suarez: That's fine, that's fine. He's putting in the record they're
not from the City. We know that the moment we hear an address like that, that =_
it's not in the City. It's very easy to figure it out.
S -
Mr. Williams: Absolutely not, there's no former of relationship between these
appraisers in the City. The City does not hire, to my knowledge ongoing
1 appraisers.
Mayor Suarez: OK. We have a list. We select from a list. That's all how we
do it.
Mr. Martin: Mayor Suarez, one of the things that the owner would request if
we're going to go into a motion later and do something on the appraisals, is
1 that one of the Commissioners sort of oversee the appraisal process...
237
L`
Mr. Dawkins: The Mayor just said he and the Vice Mayor will oversee it.
Mayor Suarez: And any other Commissioner that wants to...
Mr. Dawkins: And that's the minimum.
Mayor Suarez: Right, any other Commissioner too can take an active part in
that.
Mr. Martin: Certainly.
Mr. Angleton: Maybe you'll get your chance.
Mayor Suarez: We don't actually oversee the appraisal process but we'll have
all the documents that they come up with and including supporting
documentation and review it.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Both of us are lawyers and I'm sure that others here know
something about real estate.
Mr. Williams: Mr. Mayor, I would add these are qualified professional
appraisers of the same institute as the gentleman that was here before.
Mayor Suarez: Ah, yes.
Mr. Williams: These gentlemen would have to stand on their own professional
license as anybody would.
Mr. PLummer: Do you also agree with the Manager that they will be back the
30th of June?
Mr. Williams: That is our mandate to them and we will reemphasize that again
on tomorrow.
Mayor Suarez: Let me say, finally, since there's no other motion on the
floor, unless somebody moves one, that it may very well be that we have a very
close vote here on just about anything we do. In which case, the owner better
be advised that he's going to have to get that crucial third vote and he'd
better - Commissioner Dawkins has given him an idea of what he would accept by
way of a purchase price. You know, I've given some indication of how I would
go on a long term lease and I kind of like his figure on a purchase price, but
I want to see those appraisals and the owner is advised that there are no
guarantees on the majority approving whatever deal we can negotiate in the
next month.
Mr. Dawkins: Mr. Mayor, you need to explain...
Mr. Plummer: Am I then to understand that this matter will come back before
this Commission on July the 13th?
Mayor Suarez: Yes.
Mr. Plummer: I would strongly suggest that I like to deal with the principal
who makes the decision. I think it behooves the owner to be here to deal
directly with us. He makes the final decisions and I could appreciate he be
present.
Mr. Martin: Commissioner Plummer.
Mr. PLummer: Huh? The owner be present.
Mr. Martin: What I would like to do is be able to negotiate and have either
an agreement or a non agreement before we get to this point.
Mayor Suarez: Oh, as of June 30th, when we have the appraisals, we can do
some furious negotiating and see what we can get.
Mr. Martin: Because, otherwise, we're going to come up to the same point.
238
June 7, 1969
a
Mayor Suarez: Hopefully, we will have at 'Least the basic parameters on July
13th if, indeed, something is negotiable. If not, we may get back and say...
Mr. Dawkins: No, I'll tell you what I think you want to hear is that June the
30th, we will make a decision. That's what you want to hear.
Mayor Suarez: July 13th.
Mr. Dawkins: July, whatever it is.
Mayor Suarez: Right. But we'll get the appraisal on June 30th and that's
when we get...
Mr. Dawkins: That's right, we will make a decision.
Mayor Suarez: OK, thanks to all of you, we take note of the number of people
interested in this, the number of phone calls. I think Bill Perry wants to
say something and Tom Post and perhaps Jack Lowell on the opposing side of
these issues and please make your statements brief. Counselor. Go ahead,
Tom.
Tom Post, Esq.: Your Honor, for the record, my name is Thomas R. Post. I
live in the City of Miami. I own property near this area. I also own
property downtown. I think you have gone through a very calculated few hours
here to try to arrive at a very viable decision. What I have heard though
interests me a great deal about the number of buildings that you have already
with leases in them and I have none, and the neighborhoods that they are
helping, and I'm wondering in the northeast section, I know that there are a
lot of buildings in the northeast section. There are a lot of buildings
available on Biscayne Boulevard. There are a lot of them.
Mayor Suarez: I encourage getting other offers, that would help us in
negotiating...
Mr. Post: No, no, what I'm saying is, what I'm concerned about is if we start
taking tenants out of some of the other buildings, what's going to happen to
those neighborhoods as well and is there an alternative?
Mayor Suarez: Well, they're concentrated right now in the Grove and downtown.
Mr. Post: I understand.
Mayor Suarez: We presume the Grove and downtown will survive.
Mr. Post: Fine. I don't know whether you need the extent of this building.
I don't know the answer to that. But I certainly would think that you would
want to get some significant appraisals on the use of the property and I think
that's a reasonable means to approach it.
Mayor Suarez: We're heading in that direction. Thank you. Anything else on
opponents? Michael, at your own risk. You're a proponent of this and it's
really at your own risk.
Michael Kosnitzky, Esq.: I want to get one thing in the record.
Mayor Suarez: For reasons that I've said and reasons I have not said.
Mr. Kosnitzky: I'll sit down, Mr. Mayor.
Mayor Suarez: Thank you. Anything further? Anne Marie?
Ms. Anne Marie Adker: Anne Marie Adker, Overtown. Is your interest, at the -�
moment, just downtown, Coconut Grove and northeast and you skipped over
Overtown.
Mayor Suarez: Well, they were talking about where...
Ms. Adker: It might be old but they intentionally destroyed it.
Mayor Suarez: Anne Marie, Anne Marie, please, please, you know, everybody
else has.... We were talking about where we're now located, and we would be
taking locations out of the Grove and out of downtown if we were to go in the
239 June 7, 1909
direction of the northeast. If we could also go in the direction of Overtown,
if you have any ideas on that, please let us know.
Ms. Adker: Yes, and when you had given it so much consideration. I really
don't understand the games you're playing.
Mayor Suarez: Let me say, by the way, that I think I mentioned on the record
before, at least one person involved in the Overtown Park West project who,
himself, was an Overtown property owner, a resident for many years, that sent
us a letter which I want to make sure I get to you and put in the record now
opposing locating the administration building in Overtown, thinks that it
would detract from the tax base.
Mr. Dawkins: Well, since no other Commissioner is moving to the 4400
Building, I got choice of any office I want over there. I will be on the top
floor overlooking the bay. All right.
Mayor Suarez: Bill Perry.
Mr. Bill Perry, Sr.: Yes, Mr. Mayor. Bill Perry, resident of Overtown. I'd
just like to set the record straight. A couple of weeks ago, I wrote a letter
to the Miami Times in which I was very critical of the action that you're
taking, and I did it under the name of the Overtown Advisory Board. I'd like
to set the record straight that those were my personal views. I accused you
of being fork -tongued in that letter. I accused you of being fork -tongued
tonight, all except Commissioner Plummer. Mr. Mayor, in January situations
have changed apparently since that time, because it was you that proposed that
the new City Hall be located in Overtown. You've come a whole hundred and
eighty degree turn in that passage of time and perhaps that's the kind of game
Ms. Adker's talking about. I was listening to some of the comments you made,
and someone made the promise to help the northeast area, and I'm all for that.
The northeast needs helping. Overtown also needs helping. You know, I've
come before this Commission on any number of times seeking assistance and help
for Overtown. You ran a game on the ministers this evening and gave them
absolutely nothing. You've never given Overtown anything but to help its
deterioration. Their comment was made to pay attention to the neighborhoods.
That was Commissioner De Yurre's favorite comment, pay attention to the
neighborhoods. As if Overtown isn't a neighborhood, Commissioner De Yurre. I
submit to you it is. There are a little over 9,000 people that live in that
community, and it's a struggling neighborhood, and I just wish you'd pay us as
much attention to Overtown as you have now taken interest in northeast. You
said to put together the financing, it'll take 12 to 18 months, Mr. Mayor.
It's taken you ten years and you ain't put together no financing for Overtown
at this point and you promised these people financing in 12 to 18 months.
Commissioner Kennedy, you said you campaigned in that area to return the
northeast to the heydays of the 20's and the 301s. God forbid! But
nevertheless, we've always talked about what Overtown used to look like in the
20's and 301s. I wish you'd make a little bit commitment to return Overtown
to some semblance of what it looked like in the 20's and 30's. I'm proud of
the fact that I live in Miami. Sometimes I struggle with that. I came here
on my own volition a few years ago, and I think - I hate to see communities
put at odds, but I think you have gone a long way again in doing that this
evening in the previous actions you took with the commitment that you made to
the northeast corridor. I support them in their effort to do this, but I just
hope that for one time, maybe the residents of the northeast corridor will
come down to Overtown and help us put a little more pressure on you to do
something for Overtown because obviously we have failed. You talk about
Southeast Overtown/Park West, that's all Park West. To date, you haven't done
anything to impact the residents of Overtown north of 8th Street. So I
encourage you in your future deliberations, if you'll spend just a wee bit of
time, just give us a little consideration, maybe not come in and buy a
building, but put some money in there to make sure that the residents of
Overtown perhaps one day can walk the streets such same similar to the
residents of the northeast that you're supporting today. Thank you very much.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, please.
been avoiding answering you, Bill, for
to answer you this time. Please!
UNIDENTIFIED SPEAKER: Mr. Mayor...
Let me answer for myself because I've
many, many, many months but I'm going
-1
VP 0
Mayor Suarez: On this issue of the Charter Review Commission, you accused
this Commission of engaging in a sham. We have acted in good faith. I think
the recommendations of the Charter Review Commission show good faith. I even
consulted you to get your views on whether to package the two items together.
You told me one thing and then you voted in the opposite way in the committee.
Maybe you changed your mind. People do change their minds. On everything
else, all of our energies that we spend, including during the day today, we
spent many, many, many hours in the background here going on with documents
going back and forth on this desk so that we can try to link up with some of
the things that the Secretary of Housing and Urban Development promised a
couple of days ago, and you laughed because maybe you want the Mayor not to
take him up on his promise, I don't know what you Brant, Mr. Perry. In fact, I
can tell you, sir, that you really, really make it hard for someone to try to
do something about Overtown and I wonder, sometimes, who's the one that
doesn't have the right motives. Mr. Lowell.
Mr. Post: Mr. Mayor...
Mr. Perry: May I respond to this...
Mayor Suarez: No, sir, we've heard you and I've answered. You're going to be
heard all the time here in City Hall. You always come here. Mr. Lowell.
Mr. Jack Lowell: Mr. Mayor, members of the Commission, my name is Jack
Lowell. My offices are at 801 Brickell Avenue.
Mr. Post: I'm going to deal with him.
Mr. Lowell: I'm here representing the New World Center Action Committee of
the Greater Miami Chamber of Commerce. We are opposed to your resolution.
There are three issues before you. We support the efforts of the various
civic groups represented here tonight to improve the northeast section of
town. I subscribe to you, this is not the right way to do it. We would be
happy to work with the civic associations to try and come up with programs
that more directly address the problems of that neighborhood. Second point
is, where should the City administrative offices be? Mr. Mayor, I take issue
with you. I think clearly they should be in downtown Miami where they've been
planned to be in the government center since I've been in Miami over 16 years.
The third issue is whether or not this is a decent deal for the City. We've
heard enough questions tonight that Commissioner Plummer has raised. You
certainly know you have a lot of investigation to do before that issue can be
determined. We stand opposed to this particular resolution.
Mayor Suarez: Thank you, Jack. Tom, we've heard from the proponents, and,
again, I gather with the button and everything else and from the letter we
received from you that you're in favor or it so maybe you ought to leave it at
that.
Mr. Post: OK, fine. But no more sarcastic remarks.
Mayor Suarez: Well, I've answered some of the remarks that - final statement,
sir, proponent.
Mr. David 0. Perkins: Yes, my name David 0. Perkins. I am a reporter, I'm
also a counsel in law and I'm one of the Dade County black as hell raisers
because of what you all's system is not doing concerning of that Overtown
area. I lived in Overtown. I got plans dating from 1964 till now behind the
rise that have went off in Overtown because this department, here, have
promised and promised and promised the community what they was going to do to
help solve these issues and problems out there. This is what causes riots
when you do not put these plans out there to help solve the problem. You all
have lied entirely too much. Elections is right around the corner. We is got
something laid up because this Commissioners section here have not solved this
issue. You all causes these problem. Why not put homes and businesses in
that Overtown but you want to put up new hotels and new businesses on the
northeast side and not into the northwest side to help solve problem. We
don't need no more trials and tribulations out there. You came Overtown at
the Culmer Center and promised to help solve a lot of these issues. So far,
you haven't raised one finger to help solve these problems. So why running
for your reelection if you're not going to solve them. As of now, don'trun
for election, if you're not going to solve it.
241
s �
Mayor Suarez: Well, if you haven't seen what we've done then you haven't been
looking, but that's your opinion.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Sir, we've heard you. All right. Very good. Mr. McDonald,
will you finish up?
James McDonald, Esq.: Thank you, Mr. Mayor, Commission. James McDonald, I'm
an attorney with McDermott Will and Emery with offices at 700 Brickell. I'm
here on behalf of the Downtown Business Association. We don't believe this is
a downtown issue. We don't think it's a neighborhood issue. They're separate
and distinct. We're on record, we strongly favor that the City administration
building be located in the only place that it should be and that's downtown
Miami. Government has to be accessible to the people. This location, 4400
Biscayne, is inaccessible. You don't have... it may be accessible...
(Booing)
Mayor Suarez: Please, please, pleases Pleasel.
Mr. McDonald: It may be accessible, obviously, to the neighborhood. But I
think the thing is it's a Miami issue, it's a City of Miami issue. Government
needs to be consolidated where the master plan has asked it or set forth that
it should be, downtown, next to the Metromover, next to Metrorail. We all pay
taxes for this, it's like downtown is the enemy and the neighborhood is
something else. The fact is, it needs to be downtown, government needs to be
accessible to all the people from all the neighborhoods and that's the only
location where it is so. Thank you.
Mayor Suarez: OK, thank you, Jim. Opponent? Proponent. It's up to you, if
you want to make a quick statement, it's...
Mr. Don Lewis: Mr. Mayor, I'd just like to make one very short. statement. My
name is Don Lewis, I live at 835 N.E. 74th Street. I'm president of the Belle
Meade Homeowners Association, on the board of directors of the Northeast Miami
Improvement Association and various others which you know, I'm sure. Mr.
Mayor, it is impossible for this gentleman to make a statement that the 4400
Building is not accessible. It is so close to 36th Street, a major artery in
this City. When you try to drive downtown from any direction, it is almost an
impossibility to get through the traffic maze that you find down there at the
present time.
(Applause)
Mr. Lewis: In addition to that, the northeast has been far overlooked too
long. We look at the Overtown issues and we are finding that there are
fundings going into that area. The northeast is not even listed in the
comprehensive plan, in the master plan or the ten years' study through the
year 2000. Particularly, we look at the Belle Meade area, you don't even
recognize us as a neighborhood, but yet you identify Overtown as a
neighborhood. The economic revitalization that placing this building at the
4400 or placing of City Hall at the 4400 Building is unbelievable as far as an
economic impact to our area. It is something that if you overlook it, you are
going to overlook the entire northeast. Thank you.
Mayor Suarez: Thank you, Don. Thank you everyone and as stated, we will get
the final recommendations and, hopefully, have something final either way and
it may go one way and it may go the other way July 13th.
Mr. Martin: Mayor Suarez, I would like to point out one last thing from the
owners point of view only that...
Mayor Suarez: Pedro, you have plenty of time to negotiate if, indeed, this
Commission sees fit to...
Mr. Martin: No, I just want the Commission to understand that if the
appraisals come below the value, then each party, obviously, has the right to
go their own way. If the appraisals come below this 17.750 value that he's
placed on the building that you want to fix, then we both have the right to
walk. Obviously, you do right now, but...
242 June 7,
0
Mayor Suarez: Of course.
Mr. Plummer: Whoa, whoa, whoa, whoa. I want it very clear on the record as I
made it on the record before. Since you're establishing, it looks to be a
court case, the owner, or the son, who was a delegated representative of the
owner, there was no obligation on this City's part whatsoever to purchase, to
lease, or to do anything. He had that day or any other day the right to walk
the same as he said...
Mayor Suarez: J.L. , all he's saying is that he can take back that offer at
any time if he wants.
Mr. Martin: Yes.
Mr. Plummer: Exactly, he can take that offer back tomorrow if he wants to,
appraisals or no appraisals.
Mayor Suarez: And just... again, to clarify, we're not vesting any rights in
you just because you tendered the offer.
Mr. Plummer: You're under no obligation...
Mayor Suarez: Neither are we.
Mr. Plummer: ... to this City whatsoever and neither we in the converse.
Mayor Suarez: That's a valid disclaimer of our clarification.
Mr. Plummer: Well, I just don't...
Mayor Suarez: Madam representative, to finish the...
Mr. Plummer: No, I don't wait a court case coming down the road saying that
we made an obligation.
Mayor Suarez: No, I think it was clearly just an offer. Madam representative
and then we finish this item. We got a few other things to do tonight.
Representative Thank you, Mr. Mayor. I am here as a member of
the State Legislature having the honor of representing this northeast Dade
County area and really feeling that what you are proposing now would be a very
wonderful way of making the profound statement that is necessary to be made of
faith in this part, this vital part of the City of Miami. I would also want
to point out that just as all of us have very willingly been willing to come
to this area of the City of Miami to see you on occasion, so I'm sure the
people would be willing to travel to any part of the City of Miami to see you
on whatever the occasion. I'm also not making a recomendation whether you
leave this beautiful building or not. I think you're talking in terms of that
building as your administration headquarters and I think it's perfectly suited
for that purpose. But I do want to let you know that I think that not only is
this building a jewel in the City of Miami, but it is perfectly wonderful
place to identify as the landmark administration building of the City of
Miami. And that's why I wanted to be with you today.
Mayor Suarez: Thank you, madam representative.
(Applause)
Mayor Suarez: Thank you everybody who made a statement and helped us to reach
an understanding. Mr. Manager, is there any emergency matters we need to
dispose of before we adjourn?
243
77. ESTABLISH SPECIAL CHARGES FOR USE OF MARINE STADIUM BY "POPS BY THE BAY"
CONCERT SERIES - presented by the Philharmonic Orchestra of Florida and
the Miami Herald Lend -A -Hand Fund.
Mrs. Kennedy: I do have something, Mr. Mayor. For the past three years, the
City of Miami has been a sponsor of "Pops by the Bay." I'd like to read a
resolution establishing special terms and conditions for the use of the Marine
Stadium that serve as the City's grant in support of the event entitled "Pops
by the Bay" concert series to be presented by the Philharmonic Orchestra of
Florida and the Miami Herald Lend a Hand Fund as co-sponsors to be held at
said Stadium on July 4th, 15th and 22nd, 1989, authorizing the City Manager to
execute an agreement in a form acceptable to the City Attorney, which
agreement shall obtain provisions to said sponsors payment of full expenses
including police and for payment of applicable surcharges and for an increase
in the number of complimentary tickets to 5 percent of the total tickets
authorized to be printed. And I so move.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Call the roll on that.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-573
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND
®•' CONDITIONS FOR THE USE OF THE MARINE STADIUM THAT WILL
SERVE AS A GRANT IN SUPPORT OF THE EVENT ENTITLED
"POPS BY THE BAY" CONCERT SERIES TO BE PRESENTED BY
THE PHILHARMONIC ORCHESTRA OF FLORIDA AND THE MIAMI
HERALD LEND -A -HAND FUND AS COSPONSORS, TO BE HELD AT
SAID STADIUM ON JULY 4, 15, AND 22, 1989; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
!! ACCEPTABLE TO THE CITY ATTORNEY, WHICH AGREEMENT SHALL
CONTAIN PROVISIONS FOR SAID SPONSORS' PAYMENT OF ALL
EXPENSES, INCLUDING POLICE, FOR PAYMENT OF APPLICABLE
SURCHARGES, AND FOR AN INCREASE IN THE NUMBER OF
COMPLIMENTARY TICKETS TO FIVE PERCENT (5%) OF ALL
TICKETS AUTHORIZED TO BE PRINTED, SUBJECT TO SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: That's it?
244 June 7, 1989
Li
78. WAIVE RENTAL FEE FOR USE OF MIAMI MARINE STADIUM FOR "HYDROBLAST '89
NATIONAL CHAMPIONSHIP LIMITED INBOARD HYDROPLANE REGATTA".
Mrs. Kennedy: One more...
Mr. Plummer: Mr. Mayor, I..
Mrs. Kennedy: OK, go ahead.
Mr. Plummer: I have a very short - we have the opportunity, in August, to
bringing the Limited Hydro Regatta here for the national champions. I would
ask at this time that the rental for that facility be waived as we did for the
Unlimited Regatta and that any profits that are made from the Unlimited
Regatta could go towards bringing that one here. You will have approximately
1,500 boats which means probably 12,000 people.
Mr. Dawkins: That's going saying, most of the boaters can come out and kill
little children.
Mr. Plummer: So I would move, Mr.. Mayor, those two delegates...
Mrs. Kennedy: Second.
Mr. Plummer: ... and I will stay in charge to make sure that the money is
properly expended.
Mrs. Kennedy: Second.
Mayor Suarez: So moved.
Mr. Jorge Fernandez: That is a resolution.
Mrs. Kennedy: Yes, I have it...
Mayor Suarez: I'm too tired to...
Mr. Plummer: What?
Mr. Fernandez: That is a resolution, you need a vote.
Mayor Suarez: Moved and seconded. Call the roll on the resolution.
Mr. Plummer: Well, just for the record, it would be the same basic resolution
as we used for the other one.
Mr. Fernandez: Exactly.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-574
A RESOLUTION WAIVING THE RENTAL FEE FOR THE MIAMI
MARINE STADIUM IN CONNECTION WITH THE HYDROBLAST 89
NATIONAL CHAMPIONSHIP LIMITED INBOARD HYDROPLANES
REGATTA PRESENTLY SCHEDULED FOR AUGUST 19-20, 1989;
FURTHER STATING THAT ANY PROFITS FROM THIS EVENT MAY
BE USED TO BRING THE UNLIMITED HYDROPLANE REGATTA BACK
TO THE CITY OF MIAMI AND THAT COMMISSIONER PLUMMER IS
IN CHARGE OF SAID FUNDS.
(Here follows body of resolution, omitted here and on -
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
i
245 June 7, 1989
I�
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre.
79. ESTABLISH A USE FEE FOR THE SEMINOLE BOAT RAMP -DINNER KEY LAUNCHING AREA
FOR THE MIAMI BOAT SHOW.
-------------------------------------- ----------- --------------------------
Mrs. Kennedy: We have a boat show...
Mayor Suarez: Why are you standing at the mike so anxiously, Mr. Director of
the Parks...
Mrs. Kennedy: Because they're waiting for this item. It's a boat show that
came to us two weeks ago.
Mr. Dawkins: That's all J.L., that's all you had?
Mrs. Kennedy: They're paying us $6,000. It's a resolution establishing a
user fee in the amount of $6,000 for the Seminole boat ramp Dinner Key
launching area in connection with the Miami Boat Show in the Grove to be
presented by Florida Marine Events, Inc., June the 8th through the 12th, 1989,
at said facility and at the Coconut Grove Exhibition Center, authorizing...
Mayor Suarez: This has to be acted on by the entire Commission?
Mrs. Kennedy: Yes, yes.
Mayor Suarez: To set a price for something that we already own and that,
presumably, we're ready to rent for... anyhow, go ahead.
Mrs. Kennedy: OK, and authorizing the issuance and/or execution of the
necessary documents in a form acceptable to the City Attorney with said
sponsor for this purpose. And I so move.
EME
Mayor Suarez: Call - yes, that's the motion, accepted. Do you second?
Mr. Plummer: Oh yeah.
Mayor Suarez: Call the roll on that motion.
Mr'. Dawkins: OK, before you go, I got to....
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-575
A RESOLUTION ESTABLISHING A USE FEE IN THE AMOUNT OF
$6,000 FOR THE SEMINOLE BOAT RAMP/DINNER KEY LAUNCHING
AREA IN CONNECTION WITH THE MIAMI BOAT SHOW IN THE
GROVE TO BE PRESENTED BY FLORIDA MARINE EVENTS, INC.
JUNE 8 - 12, 1989, AT SAID FACILITY AND AT THE COCONUT
GROVE EXHIBITION CENTER; AUTHORIZING THE ISSUANCE
AND/OR EXECUTION OF THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID SPONSOR FOR
THIS PURPOSE.
(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:
f 246 June 7, 1989
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
80. BRIEF COMMENTS BY COMMISSIONER DAWKINS REQUESTING TO BE INFORMED AS TO
WHY A CERTAIN ITEM DID NOT GET ON TODAY'S AGENDA.
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: OK, Mr. Manager, Mr. Manager...
Mr. Odio: Yes. --
Mayor Suarez: The reporters, please reporters meet elsewhere.
Mr. Dawkins: I sent you a memorandum May 24th requesting that you explain to
me about the $719,741. I asked that it be scheduled for this meeting today
and it was not scheduled. Can you tell me why?
Mr. Odio: You told me - I'm having a problem, I'm glad you brought it up
that...
Mr. Dawkins: Beg pardon?
Mr. Odio: You told me, you ordered me not to issue more than 60 items.
Commissioners, there...
Mr. Dawkins: Well, why in the hell didn't you leave one of the others off?
Why leave mine off?
Mr. Odio: Well, see, that's my problem.
Mr. Dawkins: I mean, now you had 60 items, OK?
Mr. Odio: Now, wait, wait, that's my problem.
Mr. Dawkins: No, no, no...
Mr. Odio: That one got to me after the other ones. Now...
n
Mr. Dawkins: After what other ones?
Mr.. Odio: After I had already 80 items and I had to decide to pull out 20 and
with your's was 21.
Mr. Plummer: Put it on the consent.
Mr. Odio: You better - you know...
Mr. Dawkins: No... you know, Mr. Mayor...
Mr. Odio: The problem is...
Mr. Dawkins: OK, so you're telling me...
Mr. Odio: That sometime...
Mr. Dawkins: Hold itl Will the rest of my Commissioners listen, please?
Mr. Odio: Yes, I'm...
Mr. Dawkins: Will the rest of my Commissioners listen?
247
L11
Mr. Plummer: Yes, sir.
Mr. Dawkins: Are you telling me, sir, that you got 60 items from the
Commissioners to be scheduled or heard?
Mr. Odio: No, no, no, I didn't say that.
Mr. Dawkins: OK, then...
Mr. Odio: I didn't say that. I said we got a lot of items f rom the
Commission, maybe 20 or 30...
Mr. Dawkins: But, so...
Mr. Plummer: You didn't get a single one from me.
Mr. Odio: No, I know that.
Mrs. Kennedy: Not from me either.
Mr. Odio: But, the problem is...
Mr. Dawkins: So, why couldn't you drop one of the items that was not a
request from the Commissioner and put the that was a request from the
Commissioner on?
Mr. Odio: Because, Commissioner, you know when I sit down and review all
those items, one by one, that was is not urgent. That one - the money's not
going...
Mr. Dawkins: Isn't it? You mean... There's something I want done and it's
not urgent.
Mr. Odio: The agenda was already printed, Commissioner.
Mr. Dawkins: On May 24th, the agenda was printed?
Mr. Odio: May twenty - no, I don't know what time this.....
Mr. Dawkins: Come on.
Mr. Odio: I'm going to have to check on the date, but I can assure you...
Mayor Suarez: Mr. Manager, would you please give higher priority to items
requested by Commissioners and anybody else.
Mr. Odio: OK.
THERE BRING 140 FURTHER BUSINESS TO COME BEFORE THE CITy
COMISSION, THE MEETING WAS ADJOURNED AT 8:28 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Halter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
248
June `7, 1989
3'
t
`gY OF
CITE` OF MIAMI
DOCUMENT INDEX
a LATE: JUNE 7, 1989
PAGE No: 1 of 5
RECOGNIZE THE DISCOVERY OF AMERICA QUINCENTENNIAL COMMITTEE,
INC. AS COORDINATING BODY OF SPECIAL EVENTS TO COMMEMORATE
THE 500 ANNIVERSARY OF THE DISCOVERY OF AMERICA IN A YEAR-
LONG JUBILEE - OCTOBER 12, 1991- OCTOBER 12, 1992.
APPROVE CONTRIBUTION OF $10,000 TO CRIME STOPPERS ANNONYMOUS
OF DADE COUNTY.
APPROVE PURCHASE OF BARTEC DIALLED NUMBER RECORDER, A DIAL UP
SLAVE UNIT AND AN ADVANCED FEATURE PACKAGE - FOR POLICE DEPT.
APPROVE PURCHASE OF CRIME SCENE SKETCHING SYSTEM AND ACCIDENT
RECONSTRUCTION SYSTEM. - FOR POLICE DEPARTMENT.
APPROVE PURCHASE OF TX-731C BALL CAP TRANSMITTER - FOR POLICE
DEPARTMENT.
ALLOCATE $5,000 IN SUPPORT OF 1989 INTERAMERICAN FORUM
SPONSORED BY THE INTERAMERICAN BUSINESSMEN ASSOCIATION
EXECUTE AGREEMENT.
ACCEPT BID: DECORA OFFICE FURNITURE - FOR FURNISHING OFFICE
FURNITURE FOR DEPARTMENT OF INTERNAL AUDITS & REVIEWS.
APPROVE EXTENSION OF CONTRACT WITH MIAMI RUG COMPANY - FOR
FURNISHING AND INSTALLATION OF CARPETING, CUSHION AND RELATED
MATERIALS CITYWIDE - FOR DEPARTMENT OF GSA.
ACCEPT BIDS: (A) A.A.& G. SANDBLASTING, INC., & (B) ALL SEASON
POOL SERVICE & EQUIPMENT CO. - FOR (A) SANDBLASTING CITY HALLS':
WALLS, AND (B) THE SANDBLASTING -"NAND MARBLETITE OF JOSE MARTI
SWIMMING POOL - FOR. DEPARTMENT OF GSA.
ACCEPT BID: FAST ENTERPRISES - FOR FURNISHING TRACTORS, MOWER
AND ATTACHMENT - FOR PARKS DEPARTMENT.
ACCEPT BID: VICENTE A. FRASNO, EMMA VELAZQUEZ, MANOLIN & FILAR
MARTINEZ SCHOOL BUS, AND JULIO BALSERA SCHOOL BUS SERVICE, INC.
FOR FURNISHING BUS TRANSPORTATION SERVICES FOR SUMMER PROGRAM
TO PARKS DEPARTMENT.
ACCEPT BID: RECIO & ASSOCIATES, ARTHUR LAWN SERVICE, J.R.
ALVAREZ LAWN MAINTENANCE, J.W. LAWN MAINTENANCE, AND SHARPE
SOD & LAWN MAINTENANCE- FOR FURNISHING GROUNDS MAINTENANCE
AT 50 CITY PARKS AND FACILITIES.
ACCEPT BID: MOST DEPENDABLE FOUNTAINS - FOR FURNISHING 25
PEDESTAL DRINKING FOUNTAINS FOR PARKS DEPARTMENT.
ACCEPT BID: PHOENIX WORLDWIDE INDUSTRIES - FOR MODIFICATION
OF A VAN FOR UNDERCOVER SURVEILLANCE BY MIAMI POLICE CRACK
TASK FORCE.
ACCEPT PROPOSAL: KAAREN JOHNSON ASSOCIATES, INC. - FOR
FURNISHING PROFESSIONAL SERVICES FOR AN ONGOING INTERCULTURAL
AWARENESS TRAINING PROGRAM - FOR FIRE DEPARTMENT.
RETT;EVAL NO
(RESOLUTIONS)
89-491
89-492
89-493
89-494
89-495
89-496
89-497
89-498
89-499
89-500
I
89-501
89-502
89-503
89-504
89-505
E
110
r� r
PAGE 2 OF 5
June 7 1989
t?OCUNIENT IDENTFICADON RETRIEVAL CODE f
RATIFY ACCEPTANCE OF PROPOSALS: RALPH ROSS, RALPH ROSS REAL
89-506
ESTATE CO.,INC., AND RENALDO BLANCO, ANCIA REALTY, INC.
(MEMBERS OF NATIONAL SOCIETY OF FEE APPRAISERS) - TO APPRAISE
FAIR MARKET VALUE OF CERTAIN CITY PROPERTIES IN BLOCK 35N,
MIAMI NORTH PLAT BOOK "B" AT PAGE 41, BOUNDED BY N.W. 8TH. AND
9TH. STREETS BETWEEN 2ND AND 3RD AVENUES.
APPROVE EXECUTION OF AMENDMENTS #2 TO AGREEMENTS WITH MANUEL
89-507
G. VERA & ASSOCIATES, INC., WELDENER SURVEYING & MAPPING P.A.
E.R. BROWNELL & ASSOCIATES, INC., H.J. ROSS & ASSOCIATES, AND
FERNANDO Z. GATELL P.L.S.,INC. FOR SURVEYING SERVICES IN CONEC-
TION WITH CITY PROJECTS.
EXTEND INITIAL 30 YEAR PERIOD TERMINATION DATE OF LEASE
89-508
AGREEMENT WITH BISCAYNE BAY RESTAURANT-CORP. (A/K/A RUSTY PELICAN)
- FROM FEBRUARY 1, 2001 TO OCTOBER 1, 2002 WITH PROVISOS.
AUTHORIZE ACCEPTANCE GRANT FROM THE ORGANIZATION OF AMERICAN
89-509
STATES (OAS) - GIVING THE CITY EXCLUSIVE PERFORMING RIGHTS OF
THE OAS INTERNATIONAL ARTIST SERIES, AS WELL AS $25,000 FOR
EVENT -RELATED COSTS.- AUTHORIZE CITY'S CONTRIBUTION OF $10,000
IN INKIND SERVICES.
AUTHORIZE EXECUTION OF INDIVIDUAL CONTRACTUAL AGREEMENTS WITH
89-510
12 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS - TO CONTINUE
IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS.(NEDOS ARE: ALLAPATTAH
BUSINESS DEVELOPMENT, INC., COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, INC., DOWNTOWN MIAMI BUSINESS ASSOCIATION.,INC.,
GREATER BISCAYNE BOULEVARD CHAMBER'OF COMMERCE, INC., GREATER
MIAMI UNITED, INC., HAITIAN TASK FORCE, INC., LITTLE HAVANA
DEVELOPMENT AUTHORITY, INC., MARTIN LUTHER KING ECONOMIC DEVEL-
OMENT CORPORATION, INC., NEW WASHINGTON HEIGHTS COMMUNITY
DEVELOPMENT CONFERENCE, INC, SMALL BUSINESS OPPORTUNITY CENTER,
INC., ST. JOHN LOCAL DEVELOPMENT CORPORATION, INC., & WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC.)
AUTHORIZE EXECUTION OF AGREEMENT WITH FANTASMA PRODUCTIONS, INC
89-511
FOR USE OF MIAMI MARINE STADIUM FOR SERIES OF CONCERTS DURING
SUMMER, 1989.
AUTHORIZE EXECUTION OF AGREEMENT WITH NATIONAL CENTER FOR
89-512
MUNICIPAL DEVELOPMENT, INC. - TO CONTINUE TO REPRESENT THE
CITY OF MIAMI IN WASHINGTON, D.C. BY LOBBYIST, MR. MARK ISRAEL
FOR 15 MONTHS-.
AMEND ECONOMIC DEVELOPMENT AGREEMENT WITH MIAMI CAPITAL DEVELOP-
89-513
MENT, INC. - ALLOCATE $190,000 FOR ITS ADMINISTRATIVE EXPENSES
AND $1 MILLION FOR REVOLVING LOAN FUND (JULY 1, 1989 - JUNE 30,
1990)
AMEND LEASE/DEVELOPMENT AGREEMENT WITH INDIAN RIVER INVESTMENTS
89-514
OF MIAMIr INC,r, TO CHANGE RENTALS PAYABLE AND ACCOUNTING PRO-
CEDURE IN ORDER TO ASSIST DEVELOPER IN COMPLYING WITH HUD
CRITERIA FOR PROVIDING INSURED LOANS.
DECLARE U.D.P. AS MOST ADVANTAGEOUS METHOD - AUTHORIZE PRE-
89-515
PARATION OF A DRAFT R.F.P. FOR A U.D.P. FOR DEVELOPMENT OF
GENERAL COMMERCIAL USES OF CITY -OWNED PROPERTY LOCATED AT
1145 N.W. llth. STREET (MUNICIPAL JUSTICE BUILDING) - SET
PUBLIC HEARING.
APPROVE CITYIS COMPRENHENSIVE ANNUAL REPORT FOR FISCAL YEAR
89-516
ENDED SEPTEMBER 30, 1988.
0 op
PAGE 3 OF 5
June 7, 1969
DOCUMENT IDENTFICATION RETRIEVAL CODE W
(RESOLUTIONS)
AUTHORIZE EXECUTION OF INSTRUMENT RELEASING AND CANCELLING
89-517
COVENANT TO RUN WITH LAND EXECUTED BY WEST FLAGLER ASSOCIATES
LIMITED - CONCERNING A TEMPORARY SANITARY SEWER FORCE MAIN TO
SERVE THE WEST FLAGLER KENNEL CLUB.
EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT
89-518
TO RUN WITH LAND EXECUTED BY BURTON GOLDBERG (AS TRUSTEE),
JOYCE GOLDBERG AND SAILBOAT BAY, INC. - CONCERNING PROPERTY
KNOWN AS "SAILBOAT BAY SUBDIVISION".
EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT
89-519
TO RUN WITH LAND REGARDING ASSESSMENTS FOR A SIDEWALK AND
LANDSCAPE ILLUMINATION SYSTEM EXECUTED BY LEONARD RALBY, PATRICK
POSTSAID AND JEROME D. BRYANT - CONCERNING PROPERTY KNOWN AS
TRACK 1 LESS THE EAST 5-FEET OF "EDWARD PENT HOMESTEAD REVISED
PLAT OF RESUBDIVISION".
EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT
89-520
TO RUN WITH LAND REGARDING ASSESSMENTS FOR A SIDEWALK AND
LANDSCAPE ILLUMINATION SYSTEM EXECUTED BY COCONUT GROVE CAMERA,
INC. - CONCERNING PROPERTY AS MORE FULLY DESCRIBED IN RESOLUTION
89-520 ("EDWARD PENT HOMESTEAD")
EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT
89-521
TO RUN WITH LAND REGARDING ASSESSMENTS FOR A SIDEWALK AND LAND-
SCAPE ILLUMINATION SYSTEM EXECUTED BY JOROME D. BRYANT -
CONCERNING PROPERTY AS MORE FULLY DESCRIBED IN RESOLUTION
89-521 ("EDWARD PENT HOMESTEAD").
EXECUTE INSTRUMENT FORMALLY RELEASING AND CANCELLING COVENANT
89-522
TO RUN WITH LAND REGARDING ASSESSMENTS FOR A SIDEWALK AND
LANDSCAPE ILLUMINATION SYSTEM EXECUTED BY RUSSELL K. ATTIN AND
MYRNA ATTIN - CONCERNING PROPERTY AS MORE FULLY DESCRIBED IN
RESOLUTION 89-522 ("EDWARD PENT HOMESTEAD")
AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDING AND CIVIL
89-523
ACTION AGAINST ALFRED AND MARY LLOYD (D/B/A ALFRED LLOYD AND
SONS) TO RECOVER LOAN FUNDS IN CONNECTION WITH THE MODEL CITY
SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM.
AMEND RESOLUTION 89-66 CONCERNING WYNWOOD FESTIVAL (CONDUCTED
89-524
BY WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION) - CHANGE
DATE OF EVENT.
AMEND RESOLUTION 89-66 CONCERNING THE BANYAN FESTIVAL (CONDUCTED
89-525
BY COCONUT GROVE CHAMBER OF COMMERCE) - REFLECTING REQUESTED
STREET CLOSURE.
ACCEPT PLAT:"CUELLAR SUBDIVISION"
89-526
ACCEOT PLAT: "CASANOVA SUBDIVISION"
89--527
ACCEPT PLAT: "ARIEL SUBDIVISION"
89-528
AUTHORIZE ADOPTION OF AN ANTIDISPLACEMENT AND RELOCATION
89-529
ASSISTANCE PLAN - TO ASSIST LOW/MODERATE INCOME INDIVIDUALS
AFFECTED BY UNSAFE STRUCTURES DEMOLITION.
ALLOCATE FUNDS FOR PURCHASE OF EXERCISE EQUIPMENT AND RENOVATION
89-531
OF POLICE DEPARTMENT GYMNASIUM.
EXECUTE AGREEMENT WITH DELOITTE HASKINS AND SELLS (CERTIFIED 89-533
PUBLIC ACCOUNTANTS) - IN ASSOCIATION WITH SHARPTON, BRUNSON
& COMPANY, PA, VERDEJA, IRIONDO & GRAVIER CPAs, AND WATSON -'
& COMPANY - FOR EXTERNAL AUDITING SERVICES FOR FISCAL YEAR
ENDING SEPTEMBER, 30, 1989.
Us
Ll
APPROVE PAYMENT TO MORGAN, LEWIS & BOCKLUS - FOR LEGAL SERVICES
IN FIVE PENDING LEGAL PROCEEDINGS INVOLVING PERSONNEL MATTERS.
APPROVE SETTLEMENT STIPULATION CONCERNING CHALK'S INTERNATIONAL
AIRLINES LITIGATION.
AMEND RESOLUTION 88-763 - DESIGNATE BARBARA CAREY AS CUSTODIAN
OF FUND BALANCE IN THE ORANGE BLOSSOM CLASSIC FUND, REPLACING
GARTH REEVES.
URGE STATE GOVERNOR BOB MARTINEZ TO APPOINT CITY OF MIAMI MAYOR
XAVIER SUAREZ TO FILL PRESENT VACANCY ON THE DADE COUNTY METRO-
POLITAN PLANNING ORGANIZATION.
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PROJECT:
AUTHORIZE EXPENDITURE OF $100,000 FOR COSTS INCURRED FOR MARKET
ING AND PROMOTIONAL RELATED ACTIVITIES.
AMEND RESOLUTION 88-1179 - ALLOCATE $200,000 TO PROVIDE LOAN
FUNDS TO SMALL AND/OR DISADVANTAGED CONTRACTORS/DEVELOPERS
INVOLVED IN DEVELOPMENT OF HOUSING IN OVERTOWN/PARK WEST -
EXECUTE AGREEMENT.
PROVIDE FOR ISSUANCE OF RENTAL REVENUE BONDS ($30,000,000) TO
FINANCE THE COST OF ACQUISITION/CONSTRUCTION/DEVELOPMENT OF
OFFICE BUILDING TO BE LEASED TO THE U.S.A. GENERAL SERVICES
ADMINISTRATION.
ORDER SPECIAL IMPROVEMENT AND ESTABLISH SPECIAL ASSESSMENT
DISTRICT TO BE KNOWN AS THE "FLAGLER/CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT".
AMEND RESOLUTION 89-443 - AUTHORIZE ISSUANCE OF CITY OF MIAMI,
FLORIDA, GUARA`rEED ENTITLEMENT REVENUE BONDS, SERIES 1989
(6,500,000) (UNDERWRITERS: CHASE SECURITIES INC., M.R. BEAL &
CO., AND AMERICAN GOVERNMENT CERTIFICATES & FUNDS).
ACCEPT CONTRIBUTION PAYMENT FROM DADE COUNTY SCHOOL BOARD -
FOR RECONSTRUCTION OF N.E. 14TH. STREET BETWEEN N.E. 1st. COURT
AND N.E. 2nd. AVENUE - AUTHORIZE EXECUTION OF AGREEMENT.
AUTHORIZE MANAGER TO EXECUTE AGREEMENTS WITH PEOPLES NATIONAL
BANK OF COMMERCE, TOTAL BANK, AND TRANSATLANTIC BANK - TO
ESTABLISH SPECIAL DEPOSITORY BANK ACCOUNTS.
APPOINTMENTS TO THE COMMISSION ON THE STATUS OF WOMEN: APPOINTED
WERE: CARY DE LEON AND JANET SEITLIN (Note: 8 APPOINTMENTS STILL
PENDING.
APPOINTMENtS TO THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY:
APPOINTED WERE: PHILLIP YAFFA AND LELAND TAYLOR.
CO -DESIGNATE N.W. 17TH. STREET FROM N.W. 27TH AVENUE TO N.W.
37TH AVENUE AS "FATHER FELIX VARELA STREET".
URGE STATE GOVERNOR BOB MARTINEZ TO EXPEDITE IMPLEMENTATION OF
LEGISLATION TO PROVIDE SORELY NEEDED DOCUMENTARY STAMP SURTAX
REVENUE TO FUND THE COST OF LOCAL GOVERNMENTS.
RATIFY MANAGER'S FINDING OF EMERGENCY REGARDING PROCUREMENT
OF SECURITY SERVICES FROM MINORITY INVESTIGATIONS AND SECURITY
TEAMS,INC., AND ELECTRICAL SERVICES FROM F.P. INC. FOR THE
OPERATION OF THE JOBS OUTREACH PROJECT.
PAGE 4 QF 5
Tune __7. 1989
RETRIEVAL CODE W -
CRESOLUTIONS).
89-536 -
89-538
89-539
89-544
89-545
89-546
89-547
89-548
89-549
89-550
89-551
89-552
89-553
89-555
89-556
89-557
Ll
cm
ACCEPT COMPLETED WORK AND AUTHORIZE FINAL PAYMENT: MIRI
CONSTRUCTION, INC. - FOR MANOR HIGHWAY IMPROVEMENT - PHASE IV.
ACCEPT COMPLETED WORK AND AUTHORIZE FINAL PAYMENT: ROBEL
CONSTRUCTION CORPORATION - FOR MANOR HIGHWAY IMPROVEMENT -
PHASE III.
CO -DESIGNATE BLOCK ON N.W. 2ND. STREET FROM N.E. 1ST. AVENUE
TO N.E. 2ND. AVENUE AS "PADRE O'FARRILL STREET".
DIRECT ADMINISTRATION TO CREATE A COMMITTEE TO MAKE RECOM-
MENDATIONS TO THE CITY COMMISSION ON FUTURE REQUESTS FOR CO -
DESIGNATIONS.
GRANT FUNDING REQUEST BY "T.R. GIBSON UNITY AND COMMUNICATION
CENTER" - ALLOCATE $5,000 FOR ANNUAL REMEMBRANCE DAY DINNER.
APPOINTMENTS TO BAYFRONT PARK MANAGEMENT TRUST: APPOINTED WERE:
TINA HILLS, JOSEPH FLEMMING, ALAN GREER, EMILIO CALLEJA, SHEILA
AUSTIN SMITH, WILLIAM LEE, NAT MOOR, REV.•BILL BARNES.
IDENTIFY ETHNIC MAKEUP OF NEXT FOUR APPOINTMENTS TO BAYFRONT
PARK MANAGEMENT TRUST (ONE LATIN AND THREE BLACKS).
AMEND RESOLUTION 88-569 REGARDING DEVELOPMENT OF FERN ISLE
NURSERY SITE FOR AFFORDABLE HOUSING - CHANGE PROPOSED DEVELOPER
FROM ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY TO ALLAPATTAH
COMMUNITY ACTION, INC. FIRST RIGHT TO PURCHASE THE FERN ISLE
PARCEL. - WITH PROVISOS.
APPROVE, IN PRINCIPLE, ERECTION OF A CLAUDE PEPPER STATUE IN
JOSE MARTI PARK.
APPROVE, IN PRINCIPLE, VISIONS 2000 GOALS AND POLICIES STATEMENTE
ESTABLISH SPECIAL CHARGES FOR USE OF MARINE STADIUM BY "POPS BY
THE BAY" CONCERT SERIES - PRESENTED BY THE PHILARMONIC ORCHESTRA
OF FLORIDA AND THE MIAMI HERALD LEND -A -HAND FUND. -
WAIVE RENTAL FEE FOR USE OF MIAMI MARINE STADIUM FOR "HYDROBLAST
89 NATIONAL CHA4PTIONSHIP LIMITED INBOARD HYCROPLANE REGATTA".
ESTABLISH A USE FEE FOR THE SEMINOLE BOAT RAMP-DIITNER KEY
LAUNCHING AREA FOR THE MIAMI BOAT SHOW.
PAGE 5 OF 5
June 7, 1990
RETRIEVAL. CDE N(
RESOLUTIONS)
89-558
89-559
89-561
89-565
89-566
89-569
89-570
89-572
89-573
89-574
89-575
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